[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR7.28]

[Page 98-101]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 7_SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
--Table of Contents
 
Sec. 7.28  Olympic National Park.

    (a) Fishing--(1) General Provisions. All waters within Olympic 
National Park are open to fishing in conformance with those seasons and 
limits published annually by the Washington State Department of Game and 
the Washington State Department of Fisheries applicable in the same 
watershed in adjoining counties, except as provided for below.
    (i) Possession limit. This shall be the same as the daily limit for 
all species; Provided however, it is lawful to possess four steelhead 
over 20 inches regardless of weight. In the Queets River and tributaries 
the summer season possession limit is two steelhead over 20 inches.
    (ii) General summer season. Daily steelhead catch limit shall not 
exceed two fish, Provided however:
    (A) The Queets River and tributaries shall have a summer season 
daily limit of one steelhead over 20 inches in length.
    (B) The Quinault River is closed to the taking of steelhead all year 
above the confluence of the North and East Forks, but is open in its 
entirety during the general summer season to the taking of two rainbow 
trout with a minimum six of 10 inches and maximum size of 20 inches.
    (2) Salmon Fishing. Salmon fishing is permitted on the following 
park waters, exclusive of tributaries, when adjacent State waters are 
open:

Dickey River.
Hoh River below confluence of South Fork.
Kalaloch Creek.
Ozette River.
Queets River below Tshletshy Creek.
Quillayute River.
Quinault River below the bridge connecting North Fork and Graves Creek 
Roads.
Salmon River.


Seasons and bag limits shall be established annually after consultation 
with the State and any affected Indian tribe.
    (3) Conservation waters. After consultation with the State and, 
where appropriate, the concerned Indian tribe, the superintendent may, 
by local publication and conspicuous posting of signs, alter the season 
and change daily limits for spawning, conservation or research purposes.
    (4) Closed waters. That portion of the Morse Creek watershed within 
the park (except Lake Angeles and P.J. Lake) and that section of 
Kalaloch Creek which is used as domestic water supply (as posted) are 
closed to fishing. Fishing from boats is prohibited on the Hoh

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River upstream from the South Fork Hoh boat launch.
    (5) Fishing gear. Fishing with a line, gear or tackle having more 
than two spinners, spoons, blades, flashers, or like attractions, or 
with more than one rudder, or more than two hooks (single, double, or 
treble barbed) attached to such line, gear, or tackle, is prohibited.
    (6) Bait. The use of nonpreserved fish eggs is permitted.
    (7) License. A license to fish in park waters is not required; 
however, an individual fishing for steelhead or salmon in park waters, 
except treaty Indians fishing in the exercise of rights secured by 
treaties of the United States, shall have in his/her possession a State 
of Washington punch card for the species being sought. Steelhead and 
salmon shall be accounted for on these cards as required by State 
regulations.
    (8) Indian treaty fishing. (i) Subject to the limitations set forth 
below, all waters within the Olympic National Park which have been 
adjudicated to be usual and accustomed fishing places of an Indian 
tribe, having treaty-secured off-reservation fishing rights, are open to 
fishing by members of that tribe in conformance with applicable tribal 
or State regulations conforming to the orders of the United States 
District Court.
    (ii) Identification cards and tags. Members of the tribes having 
treaty-secured fishing rights shall carry identification cards 
conforming to the requirements prescribed by the United States District 
Court and issued either by the Bureau of Indian Affairs or the 
applicable tribe when fishing in accordance with the tribe's reserved 
treaty fishing right. Such persons shall produce said card for 
inspection upon request of a National Park Service enforcement officer. 
A tribally issued identification tag shall be attached to any unattended 
fishing gear in park waters.
    (iii) Conservation closures and catch limits. The superintendent may 
close a stream or any portion thereof to Indian treaty fishing or limit 
the number of fish that may be taken when it is found either that it is:
    (A) Reasonable and necessary for the conservation of a run as those 
terms are used by the United States District Court to determine the 
permissible limitations on the exercise of Indian treaty rights; or
    (B) Necessary to secure the proper allocation of harvest between 
Indian treaty fisheries and other fisheries as prescribed by the court.
    (iv) Catch reports. Indian fishermen shall furnish catch reports in 
such form as the superintendent, after consultation with the applicable 
tribe, shall have prescribed.
    (v) Prohibition of fish cultural activities. No fish cultural, 
planting, or propagation activity shall be undertaken in park waters 
without prior written permission of the superintendent.
    (vi) Applicability of other park regulations. Indian treaty fishing 
shall be in conformity with National Park Service general regulations in 
parts 1-6 of this chapter.
    (b) Boating. All vessels are prohibited on park waters except as 
provided below:
    (1) Hand propelled vessels and sailboats are permitted on park 
waters except the following:

Dosewalips River.

    (2) Motorboats are permitted on the following waters:

Lake Crescent.
Lake Cushman.
Lake Mills.
Dickey River in coastal strip.
Hoh River in coastal strip.
Quillayute River in coastal strip.
Quinault River below the bridge connecting North Fork and Graves Creek 
Roads.

    (c) Dogs and cats. Dogs (except guide dogs) and cats are prohibited 
on any park land or trail, except on designated park roads and parking 
areas or within one-quarter mile of an established automobile campground 
or concessioner overnight facility.
    (d) [Reserved]
    (e) Privately owned lands--(1) Water supply and sewage disposal 
systems. The provisions of this paragraph apply to the privately owned 
lands within Olympic National Park. The provisions of this paragraph do 
not excuse compliance by eating, drinking, or lodging establishments 
with Sec. 5.10 of this chapter.
    (i) Facilities. (a) Subject to the provisions of paragraph 
(e)(1)(iii) of this section, no person shall occupy any building or 
structure, intended for human habitation or use, unless such building

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is served by water supply and sewage disposal systems that comply with 
the standards prescribed by the State and county laws and regulations 
applicable in the county within whose exterior boundaries such building 
is located.
    (b) No person shall construct, rebuild or alter any water supply or 
sewage disposal system without a written permit issued by the 
Superintendent. The Superintendent will issue such permit only after 
receipt of written notification from the appropriate Federal, State, or 
county officer that the plans for such system comply with the State or 
county standards. There shall be no charge for such permits. Any person 
aggrieved by an action of the Superintendent with respect to any such 
permit or permit application may appeal in writing to the Director, 
National Park Service, U.S. Department of the Interior, Washington, DC 
20240.
    (ii) Inspections. (a) The appropriate State or county officer, the 
Superintendent, or their authorized representatives or an officer of the 
U.S. Public Health Service, may inspect any water supply or sewage 
disposal system, from time to time, in order to determine whether such 
system complies with the State and county standards: Provided, however, 
That inspection shall be made only upon consent of the occupant of the 
premises or pursuant to a warrant.
    (b) Any water supply or sewage disposal system may be inspected 
without the consent of the occupant of the premises or a warrant if 
there is probable cause to believe that such system presents an 
immediate and severe danger to the public health.
    (iii) Defective systems. (a) If upon inspection, any water supply 
system or sewage disposal system is found by the inspecting officer not 
to be in conformance with applicable State and county standards, the 
Superintendent will send to the ostensible owner and/or the occupant of 
such property, by certified mail, a written notice specifying what steps 
must be taken to achieve compliance. If after 1 year has elapsed from 
the mailing of such written notice the deficiency has not been 
corrected, such deficiency shall constitute a violation of this 
regulation and shall be the basis for court action for the vacation of 
the premises.
    (b) If upon inspection, any water supply or sewage disposal system 
is found by the inspecting officer not to be in conformance with 
established State and county standards and it is found further that 
there is immediate and severe danger to the public health or the health 
of the occupants or users, the Superintendent shall post appropriate 
notices at conspicuous places on such premises, and thereafter, no 
person shall occupy or use the premises on which the system is located 
until the Superintendent is satisfied that remedial measures have been 
taken that will assure compliance of the system with established State 
and county standards.
    (2) State forest practice laws. Any person, firm, or corporation 
harvesting or cutting timber on privately owned lands within that 
portion of Olympic National Park over which jurisdiction has been ceded 
by the State of Washington to the United States of America shall comply 
with the standards concerning forest practices established from time to 
time by or pursuant to the laws of the State of Washington which would 
apply to such operations if they were not being conducted in Olympic 
National Park and personnel of the Park will consult and cooperate with 
State officials in the administration of this regulation. Although 
forest practices standards established from time to time by or pursuant 
to the laws of the State of Washington shall apply, no person, firm, or 
corporation harvesting timber, on such privately owned lands shall be 
required to obtain permits or licenses from, or pay fees to, the State 
of Washington or its political subdivisions in connection with the 
harvesting or cutting of timber on such lands. Prior to the initiation 
of harvesting or cutting of timber on privately owned lands over which 
jurisdiction has been ceded to the United States, such operations shall 
be registered with the Superintendent of Olympic National Park.
    (3) Conflict with Federal laws. If the standards established from 
time to time by or pursuant to the laws of the State of Washington, 
specified in paragraphs (e) (1) and (2) of this section, are

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lower than or conflict with any established by Federal laws or 
regulations applicable to privately owned lands within Olympic National 
Park, the latter shall prevail.
    (f) Snowmobile use. (1) The use of snowmobiles is prohibited except 
in areas and on routes designated by the superintendent by the posting 
of appropriate signs or by marking on a map available at the office of 
the superintendent, or both. The following routes have been designated 
for snowmobile use within Olympic National Park:
    (i) Staircase Road from the park boundary to the Staircase Ranger 
Station.
    (ii) Whiskey Bend Road from the function of the Elwha Road to the 
Whiskey Bend trailhead.
    (iii) Boulder Creek Road from Glines Canyon Dam to the end of the 
road.
    (iv) North Fork Quinault Road from the end of the plowed portion to 
the North Fork Ranger Station.
    (v) South Shore Road from the end of the plowed portion to the 
Graves Creek Ranger Station.
    (2) [Reserved]

[24 FR 11045, Dec. 30, 1959, as amended at 34 FR 5844, Mar. 28, 1969; 34 
FR 6331, Apr. 10, 1969; 35 FR 10359, June 25, 1970; 35 FR 14133, Sept. 
5, 1970; 46 FR 37896, July 23, 1981; 47 FR 54930, Dec. 7, 1982; 48 FR 
1488, Jan. 13, 1983; 48 FR 30295, June 30, 1983]