[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR3.8]

[Page 33-34]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 3_BOATING AND WATER USE ACTIVITIES--Table of Contents
 
Sec.  3.8  What vessel operations are prohibited?

    (a) The following operations are prohibited:
    (1) Launching or operating an airboat.
    (2) Launching or recovering a vessel, except at a launch site 
designated by the superintendent.
    (3) Operating a power-driven vessel on waters not accessible by 
road.
    (4) Operating a vessel in excess of a length, width, or horsepower 
restriction established by the superintendent in accordance with 
Sec.  Sec.  1.5 and 1.7 of this chapter. For the purposes of this 
paragraph, vessel length is measured according to criteria established 
in 46 CFR chapter I or 33 CFR chapter I.
    (b) The following operations are inherently unsafe and therefore 
prohibited:
    (1) Operating a power-driven or sailing vessel within 100 feet of a 
diver's flag except a vessel in support of dive operations, which may 
not be operated in excess of flat wake speed.
    (2) Failing to observe restriction(s) established by a regulatory 
marker.
    (3) Operating a vessel in excess of flat wake speed in designated 
areas.
    (4) Operating a vessel in excess of flat wake speed within 100 feet 
of:
    (i) A downed water skier;

[[Page 34]]

    (ii) A person swimming, wading, fishing from shore or floating with 
the aid of a flotation device;
    (iii) A designated launch site; or
    (iv) A manually propelled, anchored or drifting vessel. If the park 
is located within a State specifying different conditions, then that 
State law is adopted in lieu of this paragraph.
    (5) Unless a designated area is marked otherwise, operating a power-
driven or sailing vessel within 500 feet of a shoreline designated as a 
swimming beach. This prohibition does not apply in locations such as a 
river, channel, or narrow cove where passage is restricted to less than 
500 feet. In such restrictive locations where swim beaches are 
designated, the operation of a vessel in excess of a flat wake speed is 
prohibited.
    (6) Operating a power-driven vessel while a person is riding on the 
decking over the bow, gunwales, top edge of the transom, motor cover, or 
in any other unsafe position when the vessel is being operated. This 
provision does not apply when that portion of the vessel is designed and 
constructed for the purpose of carrying passengers safely at all speeds 
or when the vessel is maneuvering for anchoring, docking or mooring.
    (7) Operating a power driven vessel engine/s or generator with a 
person sitting, riding or hanging on to a swim platform or swim ladder.
    (8) Operating a vessel, or knowingly allowing another person to 
operate a vessel in a negligent manner, by failing to exercise that 
degree of care which a reasonable person, under like circumstances, 
would demonstrate in order to prevent the endangering of the life, limb, 
or property of a person(s) through the operator's lack of knowledge, 
inattention, or general carelessness.
    (9) Operating a vessel or knowingly allowing another person to 
operate a vessel in a grossly negligent manner, by willfully and 
wantonly creating an unreasonable risk of harm to person(s) or property, 
regardless of whether the operator intended to cause harm.