[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: 36CFR7.45]

[Page 108-110]
 
              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. 7.45  Everglades National Park.

    (a) Information collection. The information collection requirements 
contained in this section have been approved by the Office of Management 
and Budget under 44 U.S.C. 3501 et.seq., and assigned clearance number 
1024-0026. This information is being collected to solicit information 
necessary for the Superintendent to issue permits used to grant 
administrative benefits. The obligation to respond is required in order 
to obtain a benefit.
    (b) Prohibited conveyances. Only hand-propelled vessels may be 
operated upon those areas of emergent vegetation commonly called 
marshes, wetlands, or ``the glades.'' Operation of a motorized vessel in 
such areas is prohibited.
    (c) Definitions. The following definitions shall apply to this 
section:
    (1) Ballyhoo means a member of the genus Hemiramphus (family: 
Exocoetidae).
    (2) Cast net means a type of circular falling net, weighted on its 
periphery, which is thrown and retrieved by hand.
    (3) Commercial fishing means the activity of taking or harvesting, 
or attempting to take or harvest any edible or non-edible form of fresh 
or salt water aquatic life for the purpose of sale or barter.
    (4) Dipnet means a hand-held device for obtaining bait, the netting 
of which is fastened in a frame.
    (5) Guide fishing means the activity, of a person, partnership, 
firm, corporation, or other commercial entity to provide fishing 
services, for hire, to visitors of the park.
    (6) Minnow means a fish used for bait from the family 
Cyprinodointidae, Poeciliidae, or Atherinidae.
    (7) Mojarra or ``goats'' means a member of the family Gerreidae.
    (8) Oyster means a mollusk of the suborder Ostraeaccea.
    (9) Personal watercraft means a vessel powered by an outboard motor, 
water-jet or an enclosed propeller or impeller system, where persons 
ride standing, sitting or kneeling primarily on or behind the vessel, as 
opposed to standing or sitting inside; these craft are sometimes 
referred to by, but not limited to, such terms as ``wave runner,'' ``jet 
ski,'' ``wet bike,'' or ``Sea-doo.''
    (10) Pilchard means a member of the herring family (Clupeidae), 
generally used for bait.
    (11) Pinfish means a member of the genus Lagodon (family: Spiradae).
    (d) Fishing. (1) Fishing restrictions, based on management 
objectives described in the park's Resources Management Plan, are 
established annually by the Superintendent.
    (2) The Superintendent may impose closures and establish conditions 
or restrictions, in accordance with procedures found at Sec. Sec. 1.5 
and 1.7 of this chapter, on any activity pertaining to fishing, 
including, but not limited to species of fish that may be taken, seasons 
and hours during which fishing may take place, methods of taking, and 
size, creel and possession limits.
    (3) The following waters are closed to fishing:
    (i) All waters of T. 58 S., R. 37 E., sections 10 through 15, 
inclusive, measured from Tallahassee meridian and base, in the vicinity 
of Royal Palm Visitor Center, except Hole in the Donut or Hidden Lake, 
and Pine Island Lake.
    (ii) All waters in T.54 S., R. 36 E., sections 19, 30, and 31, and 
in T. 55 S., R. 36 E., sections 6, 7, 18, 19, and 30, measured from 
Tallahassee meridian and base, in the vicinity of Shark Valley Loop Road 
from Tamiami Trail south.
    (4) A person engaged in guide fishing must possess a guide fishing 
permit issued by the Superintendent and administered under the terms of 
Sec. 1.6 of this chapter. Guide fishing without a valid permit is 
prohibited.
    (5) Except for taking finfish, shrimp, bait, crabs, and oysters, as 
provided in this section or as modified under 36 CFR 1.5, the taking, 
possession, or disturbance of any fresh or saltwater aquatic life is 
prohibited.
    (6) Methods of taking. Except as provided in this section, only a 
closely attended hook and line may be used for fishing activities within 
the park.
    (i) Crabbing for stone or blue crabs may be conducted using attended 
gear only and no more than five (5) traps per

[[Page 109]]

person. Persons using traps must remain within one hundred (100) feet of 
those traps. Unattended gear or use of more than five (5) traps per 
person is prohibited.
    (ii) Shrimp, mullet, and bait fish (minnows, pilchards, pinfish, 
mojarras, ballyhoo or bait mullet (less than eight (8) inches in total 
length) may be taken with hook and line, dipnet (not exceeding 3 feet at 
its widest point) or cast net, for use as bait or personal consumption.
    (iii) A dipnet or cast net may not be dragged, trawled, or held 
suspended in the water.
    (7) Tagging, marking, fin clipping, mutilation or other disturbance 
to a caught fish, prior to release is prohibited without written 
authorization from the Superintendent.
    (8) Fish may not be fileted while in the park, except that:
    (i) Up to four (4) filets per person may be produced for immediate 
cooking and consumption at designated campsites or on board vessels 
equipped with cooking facilities.
    (ii) Fish may be fileted while at the designated park fish cleaning 
facilities, before transportation to their final destination.
    (9) Nets and gear that are legal to use in State waters, and fish 
and other edible or non-edible sea life that are legally acquired in 
State waters but are illegal to possess in the waters of Everglades 
National Park may be transported through the park only over Indian Key 
Pass, Sand Fly Pass, Rabbit Key Pass, Chokoloskee Pass and across 
Chokoloskee Bay, along the most direct route to or from Everglades City, 
Chokoloskee Island or Fakahatchee Bay.
    (i) Boats traveling through these passages with such nets, gear, 
fish, or other edible products of the sea must remain in transit unless 
disabled or weather and sea conditions combine to make safe passage 
impossible, at which time the boats may be anchored to await assistance 
or better conditions.
    (ii) [Reserved]
    (e) Boating. (1) The Superintendent may close an area to all 
motorized vessels, or vessels with motors greater than a specified 
horsepower, or impose other restrictions as necessary, in accordance 
with Sec. Sec. 1.5 and 1.7 of this chapter.
    (2) For purposes of this section, a vessel in which the motor(s) is 
(are) removed from the gunnels or transom and stored to be inoperable, 
is considered to be not motorized.
    (3) The following areas are closed to all vessels:
    (i) T. 54 S., R. 36 E., sections 19, 30, 31; T. 55 S., R. 36 E., 
sections 6, 7, 18, 19, and 30, bordering the Shark Valley Loop Road from 
the Tamiami Trail south.
    (ii) Eco Pond, Mrazek Pond, Royal Palm Ponds except for Hidden Lake, 
Parachute Key ponds north of the Main Park Road, and Lake Chekika.
    (4) The following inland fresh water areas are closed to the use of 
motorized vessels: Coot Bay Pond, Nine Mile Pond, Paurotis Pond, 
Sweetbay Pond, Big Ficus Pond, Sisal Pond, Pine Glade Lake, Long Pine 
Key Lake, Tower Lake, Hidden Lake, Pine Island, and L-67 canal.
    (5) The following coastal waters, designated by statute as 
wilderness (Pub. L. 95-625), are closed to the use of motorized vessels: 
Mud, Bear, East Fox, Middle Fox, Little Fox, and Gator Lakes; Homestead 
Canal; all associated small lakes on Cape Sable inland from Lake 
Ingraham; Cuthbert, Henry, Little Henry, Seven Palm, Middle, Monroe, 
Long, and the Lungs Lakes; Alligator Creek from the shoreline of 
Garfield Bight to West Lake; all inland creeks and lakes north of Long 
Sound, Joe Bay, and Little Madeira Bay except those ponds and lakes 
associated with Taylor River.
    (6) Except to effect a rescue, or unless otherwise officially 
authorized, no person shall land on keys of Florida Bay except those 
marked by signs denoting the area open, or on the mainland shorelines 
from Terrapin Point eastward to U.S. Highway 1, including the shores of 
all inland bays and waters and those shorelines contiguous with Long 
Sound, Little Blackwater Sound, and Blackwater Sound.
    (7) West Lake Pond and West Lake shall be closed to all vessels when 
they are being used by feeding birds. At all other times, these areas 
shall be open only to hand-propelled vessels or Class

[[Page 110]]

A motorboats powered by motors not to exceed 6 horsepower.
    (8) Launching, and or operating a personal watercraft is prohibited 
in the park.
    (9) Vessels used as living quarters shall not remain in or be 
operated in the waters of the Park for more than 14 days without a 
permit issued by the Superintendent. Said permit will prescribe 
anchorage location, length of stay, sanitary requirements and such other 
conditions as considered necessary.
    (f) Violation of any of the provisions of Sec. 7.45 is prohibited.

[59 FR 58785, Nov. 15, 1994; 60 FR 6022, Feb. 1, 1995]