36 CFR 2.1 "Preservation of Natural, Cultural and Archaeological Resources"

National Park Service, Interior

§ 2.1
(iv) A mineral resource or cave formation or the parts thereof.
(2) Introducing wildlife, fish or
plants, including their reproductive
bodies, into a park area ecosystem.
(3) Tossing, throwing or rolling rocks
or other items inside caves or caverns,
into valleys, canyons, or caverns, down
hillsides or mountainsides, or into
thermal features.
(4) Using or possessing wood gathered
from within the park area: Provided,
however, That the superintendent may
designate areas where dead wood on
the ground may be collected for use as
fuel for campfires within the park area.
(5) Walking on, climbing, entering,
ascending, descending, or traversing an
archeological or cultural resource,
monument, or statue, except in designated areas and under conditions established by the superintendent.
(6) Possessing, destroying, injuring,
defacing, removing, digging, or disturbing a structure or its furnishing or
fixtures, or other cultural or archeological resources.
(7) Possessing or using a mineral or
metal detector, magnetometer, side
scan sonar, other metal detecting device, or subbottom profiler.
This paragraph does not apply to:
(i) A device broken down and stored
or packed to prevent its use while in
park areas.
(ii) Electronic equipment used primarily for the navigation and safe operation of boats and aircraft.
(iii) Mineral or metal detectors,
magnetometers, or subbottom profilers
used for authorized scientific, mining,
or administrative activities.
(b) The superintendent may restrict
hiking or pedestrian use to a designated trail or walkway system pursuant to §§ 1.5 and 1.7. Leaving a trail or
walkway to shortcut between portions
of the same trail or walkway, or to
shortcut to an adjacent trail or walkway in violation of designated restrictions is prohibited.
(c)(1) The superintendent may designate certain fruits, berries, nuts, or
unoccupied seashells which may be
gathered by hand for personal use or
consumption upon a written determination that the gathering or consumption will not adversely affect park
wildlife, the reproductive potential of a

PART 2—RESOURCE PROTECTION,
PUBLIC USE AND RECREATION
Sec.
2.1 Preservation of natural, cultural and archeological resources.
2.2 Wildlife protection.
2.3 Fishing.
2.4 Weapons, traps and nets.
2.5 Research specimens.
2.10 Camping and food storage.
2.11 Picnicking.
2.12 Audio disturbances.
2.13 Fires.
2.14 Sanitation and refuse.
2.15 Pets.
2.16 Horses and pack animals.
2.17 Aircraft and air delivery.
2.18 Snowmobiles.
2.19 Winter activities.
2.20 Skating, skateboards and similar devices.
2.21 Smoking.
2.22 Property.
2.23 Recreation fees.
2.30 Misappropriation of property and services.
2.31 Trespassing, tampering and vandalism.
2.32 Interfering with agency functions.
2.33 Report of injury or damage.
2.34 Disorderly conduct.
2.35 Alcoholic beverages and controlled substances.
2.36 Gambling.
2.37 Noncommercial soliciting.
2.38 Explosives.
2.50 Special events.
2.51 Public assemblies, meetings.
2.52 Sale or distribution of printed matter.
2.60 Livestock use and agriculture.
2.61 Residing on Federal lands.
2.62 Memorialization.
AUTHORITY: 16 U.S.C. 1, 3, 9a, 462(k).

WReier-Aviles on DSKGBLS3C1PROD with CFR

SOURCE: 48 FR 30282, June 30, 1983, unless
otherwise noted.

§ 2.1 Preservation of natural, cultural
and archeological resources.
(a) Except as otherwise provided in
this chapter, the following is prohibited:
(1) Possessing, destroying, injuring,
defacing, removing, digging, or disturbing from its natural state:
(i) Living or dead wildlife or fish, or
the parts or products thereof, such as
antlers or nests.
(ii) Plants or the parts or products
thereof.
(iii) Nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts
thereof.

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§ 2.2

36 CFR Ch. I (7–1–10 Edition)
hunting shall be allowed pursuant to
special regulations.
(3) Trapping shall be allowed in park
areas where such activity is specifically mandated by Federal statutory
law.
(4) Where hunting or trapping or both
are authorized, such activities shall be
conducted in accordance with Federal
law and the laws of the State within
whose exterior boundaries a park area
or a portion thereof is located. Nonconflicting State laws are adopted as a
part of these regulations.
(c) Except in emergencies or in areas
under the exclusive jurisdiction of the
United States, the superintendent shall
consult with appropriate State agencies before invoking the authority of
§ 1.5 for the purpose of restricting hunting and trapping or closing park areas
to the taking of wildlife where such activities are mandated or authorized by
Federal statutory law.
(d) The superintendent may establish
conditions and procedures for transporting lawfully taken wildlife through
the park area. Violation of these conditions and procedures is prohibited.
(e) The Superintendent may designate all or portions of a park area as
closed to the viewing of wildlife with
an artificial light. Use of an artificial
light for purposes of viewing wildlife in
closed areas is prohibited.
(f) Authorized persons may check
hunting and trapping licenses and permits; inspect weapons, traps and hunting and trapping gear for compliance
with equipment restrictions; and inspect wildlife that has been taken for
compliance with species, size and other
taking restrictions.
(g) The regulations contained in this
section apply, regardless of land ownership, on all lands and waters within a
park area that are under the legislative
jurisdiction of the United States.

plant species, or otherwise adversely
affect park resources.
(2) The superintendent may:
(i) Limit the size and quantity of the
natural products that may be gathered
or possessed for this purpose; or
(ii) Limit the location where natural
products may be gathered; or
(iii) Restrict the possession and consumption of natural products to the
park area.
(3) The following are prohibited:
(i) Gathering or possessing undesignated natural products.
(ii) Gathering or possessing natural
products in violation of the size or
quantity limits designated by the superintendent.
(iii) Unauthorized removal of natural
products from the park area.
(iv) Gathering natural products outside of designated areas.
(v) Sale or commercial use of natural
products.
(d) This section shall not be construed as authorizing the taking, use
or possession of fish, wildlife or plants
for ceremonial or religious purposes,
except where specifically authorized by
Federal statutory law, treaty rights, or
in accordance with § 2.2 or § 2.3.
NOTE: Regulations concerning archeological resources are found in 43 CFR part 3.

WReier-Aviles on DSKGBLS3C1PROD with CFR

§ 2.2

Wildlife protection.

(a) The following are prohibited:
(1) The taking of wildlife, except by
authorized hunting and trapping activities conducted in accordance with
paragraph (b) of this section.
(2) The feeding, touching, teasing,
frightening or intentional disturbing of
wildlife nesting, breeding or other activities.
(3) Possessing unlawfully taken wildlife or portions thereof.
(b) Hunting and trapping. (1) Hunting
shall be allowed in park areas where
such activity is specifically mandated
by Federal statutory law.
(2) Hunting may be allowed in park
areas where such activity is specifically authorized as a discretionary activity under Federal statutory law if
the superintendent determines that
such activity is consistent with public
safety and enjoyment, and sound resource management principles. Such

[48 FR 30282, June 30, 1983, as amended at 49
FR 18450, Apr. 30, 1984; 51 FR 33264, Sept. 19,
1986; 52 FR 35240, Sept. 18, 1987]

§ 2.3 Fishing.
(a) Except in designated areas or as
provided in this section, fishing shall
be in accordance with the laws and regulations of the State within whose exterior boundaries a park area or portion thereof is located. Nonconflicting

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