[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR7.12]

[Page 61-63]
 
              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.  7.12  Gulf Islands National Seashore.

    (a) Operation of seaplanes and amphibious aircraft. (1) Aircraft may 
be operated on the waters within the boundaries of the Seashore 
surrounding Ship, Horn and Petit Bois Islands, but approaches, landings 
and take-offs shall not be made within 500 feet of beaches.
    (2) Aircraft may be moored to island beaches, but beaches may not be 
used as runways or taxi strips.
    (3) Aircraft operating in the vicinity of any developed facilities, 
boat docks, floats, piers, ramps or bathing beaches will remain 500 feet 
from such facilities and must be operated with due care and regard for 
persons and property and in accordance with any posted signs or uniform 
waterway markers.
    (4) Aircraft are prohibited from landing on or taking off from any 
land surfaces; any estuary, lagoon, pond or tidal flat; or any waters 
temporarily

[[Page 62]]

covering a beach; except when such operations may be authorized by prior 
permission of the Superintendent. Permission shall be based on needs for 
emergency service, resource protection, or resource management.
    (b) Off-road operation of motor vehicles--(1) Route designations. 
(i) The operation of motor vehicles, other than on established roads and 
parking areas, is limited to oversand routes designated by the 
Superintendent in accordance with Sec.  4.10(b) of this chapter. 
Operation of vehicles on these routes will be subject to all provisions 
of parts 2 and 4 of this chapter, as well as the specific provisions of 
this paragraph (b).
    (ii) Oversand routes may be designated by the Superintendent in the 
following locations:
    (A) In the eastern portion of Perdido Key, from the easternmost 
extension of the paved road to the east end of the island, excluding the 
Perdido Key Historic District near the former site of Fort McRee.
    (B) In the westernmost portion of Santa Rosa Island, from the 
vicinity of Fort Pickens to the west end of the island.
    (iii) Oversand routes designated by the Superintendent will be shown 
on maps available at park headquarters and other park offices. Signs at 
the entrance to each route will designate the route as open to motor 
vehicles.
    Routes will be marked as follows:
    (A) On beach routes, travel is permitted only between the water's 
edge and a line of markers on the landward side of the beach.
    (B) On inland routes, travel is permitted only in the lane 
designated by pairs of markers showing the sides of the route.
    (2) Permits. (i) The Superintendent is authorized to establish a 
system of special recreation permits for oversand vehicles and to 
establish special recreation permit fees for these permits, consistent 
with the conditions and criteria of 36 CFR part 71.
    (ii) No motor vehicle shall be operated on a designated oversand 
route without a valid permit issued by the Superintendent.
    (iii) Permits are not transferable to another motor vehicle or to 
another driver. The driver listed on the permit must be present in the 
vehicle at any time it is being operated on an oversand route. Permits 
are to be displayed as directed at the time of issuance.
    (iv) No permit shall be valid for more than one year. Permits may be 
issued for lesser periods, as appropriate for the time of year at which 
a permit is issued or the length of time for which use is requested.
    (v) For a permit to be issued, a motor vehicle must:
    (A) Be capable of four-wheel drive operation.
    (B) Meet the requirements of Sec.  4.10(c)(3) of this chapter and 
conform to all applicable State laws regarding licensing, registration, 
inspection, insurance, and required equipment.
    (C) Contain the following equipment to be carried at all times when 
the vehicle is being operated on an oversand route: shovel; tow rope, 
cable or chain; jack; and board or similar support for the jack.
    (vi) No permit will be issued for a two-wheel drive motor vehicle, a 
motorcycle, an all-terrain vehicle, or any vehicle not meeting State 
requirements for on-road use.
    (vii) In addition to any penalty required by Sec.  1.3 of this 
chapter for a violation of regulations governing the use of motor 
vehicles on oversand routes, the Superintendent may revoke the permit of 
the person committing the violation or in whose vehicle the violation 
was committed. No person whose permit has been so revoked shall be 
issued a permit for a period of one year following revocation.
    (3) Operation of vehicles. (i) No motor vehicle shall be operated in 
any location off a designated oversand route or on any portion of a 
route designated as closed by the posting of appropriate signs.
    (ii) No motor vehicle shall be operated on an oversand route in 
excess of the following speeds:
    (A) 15 miles per hour while within 100 feet of any person not in a 
motor vehicle.
    (B) 25 miles per hour at all other times.
    (iii) When two motor vehicles meet on an oversand route, both 
drivers shall reduce speed and the driver who

[[Page 63]]

is traveling south or west shall yield the right of way, if the route is 
too narrow for both vehicles.
    (iv) The towing of trailers on oversand routes is prohibited.
    (4) Information collection. The information collection requirements 
contained in Sec.  7.12(b)(2) have been approved by the Office 
Management and Budget under 44 U.S.C. 3507 and assigned clearance number 
1024-0017. The information is being collected to solicit information 
necessary for the Superintendent to issue ORV permits. This information 
will be used to grant administrative benefits. The obligation to respond 
is required to obtain a benefit.
    (c) Personal Watercraft (PWC). (1) PWCs may operate within Gulf 
Islands National Seashore except in the following closed areas:
    (i) The lakes, ponds, lagoons and inlets of Cat Island, East Ship 
Island, West Ship Island, Horn Island, and Petit Bois Island;
    (ii) The lagoons of Perdido Key within Big Lagoon;
    (iii) The areas within 200 feet from the remnants of the old fishing 
pier and within 200 feet from the new fishing pier at Fort Pickens; and
    (iv) Within 200 feet of non-motorized vessels and people in the 
water, except individuals associated with the use of the PWC.
    (2) PWC may not be operated at greater than flat wake speed in the 
following locations:
    (i) Within 0.5 mile from the shoreline or within 0.5 mile from 
either side of the pier at West Ship Island;
    (ii) Within 0.5 mile from the shoreline on the designated wilderness 
islands of Horn and Petit Bois; and
    (iii) Within 300 yards from all other park shorelines.
    (3) PWC are allowed to beach at any point along the shore except as 
follows:
    (i) PWC may not beach in any restricted area listed in paragraph 
(c)(1) of this section; and
    (ii) PWC may not beach above the mean high tide line on the 
designated wilderness islands of Horn and Petit Bois.
    (4) The Superintendent may temporarily limit, restrict or terminate 
access to the areas designated for PWC use after taking into 
consideration public health and safety, natural and cultural resource 
protection, and other management activities and objectives.

[41 FR 29120, July 15, 1976, as amended at 46 FR 40875, Aug. 13, 1981; 
52 FR 10686, Apr. 2, 1987; 71 FR 26244, May 4, 2006]