[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: 36CFR7.27]

[Page 98-102]
 
              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.  7.27  Dry Tortugas National Park.

    (a) What terms do I need to know? The following definitions apply to 
this section only:
    (1) Bait fish means any of the following:
    (i) Ballyhoo (family Exocioetidae and genus Hemiramphus), other 
genus may be included in this family;

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    (ii) Minnow (families Cyprinodontidae, Peciliidae, or Aherinidae);
    (iii) Mojarra (family Gerreidae);
    (iv) Mullet (family Mugilidae);
    (v) Pilchard (family Clupeidae); or
    (vi) Pinfish (family Sparidae, genus Lagodon).
    (2) Cast net means a type of circular falling net, weighted on its 
periphery, which is thrown and retrieved by hand, measuring 14 feet or 
less stretched length (stretched length is defined as the distance from 
the horn at the center of the net with the net gathered and pulled taut, 
to the lead line).
    (3) Designated anchorage means any area of sand within one nautical 
mile of the Fort Jefferson Harbor Light.
    (4) Dip net means a hand held device for obtaining bait, the netting 
of which is fastened in a frame. A dip net may not exceed 3 feet at its 
widest point.
    (5) Finfish means a member of subclasses Agnatha, Chondrichthyes, or 
Osteichthyes.
    (6) Flat wake speed means the minimum required speed to leave a flat 
wave disturbance close astern a moving vessel yet maintain steerageway, 
but in no case in excess of 5 statute miles per hour.
    (7) Guide operations means the activity of a person, partnership, 
firm, corporation, or other entity to provide services for hire to 
visitors of the park. This includes, but is not limited to, fishing, 
diving, snorkeling, and wildlife viewing.
    (8) Live rock means any living marine organism or assemblage thereof 
attached to a hard substrate, including dead coral or rock but not 
individual mollusk shells.
    (9) Lobster means any of the following:
    (i) Shovelnosed or Spanish Lobster (Scyllarides aequinocti);
    (ii) Slipper lobster (Parribacus antarcticus);
    (iii) Caribbean spiny lobster (Panulirus argus); or
    (iv) Spotted spiny lobster (Panulirus guttatus).
    (10) Marine life means:
    (i) Sponges, sea anenomes, corals, jellyfish, sea cucumbers, 
starfish, sea urchins, octopus, crabs, shrimp, barnacles, worms, conch; 
and
    (ii) Other animals belonging to the Phyla Porifera, Cnidaria, 
Echinodermata, Mollusca, Bryozoa, Brachiopoda, Arthropoda, 
Platyhilmenthes, and Annelida.
    (11) Not available for immediate use means not readily accessible 
for immediate use (e.g., by being stowed unbaited in a cabin, locker, 
rod holder, or similar storage area, or being securely covered and 
lashed to a deck or bulkhead).
    (12) Ornamental tropical fish means a brightly colored fish, often 
used for aquarium purposes and which lives in close relationship to 
coral communities, belonging to the families Syngathidae, Apogonidae, 
Pomacentridae, Scaridae, Blennidae, Callionymidae, Gobiidae, 
Ostraciidae, or Diodontidae.
    (13) Permit, in the case of 36 CFR part 7.27, means an authorization 
in writing or orally (e.g., via radio or telephonically).
    (14) Research Natural Area (RNA) at Dry Tortugas National Park means 
the 46-square-statute-mile area in the northwest portion of the park 
enclosed by connecting with straight lines the adjacent points of 
82[deg]51[min] W and 24[deg]36[min] N, and 82[deg]58[min] W and 
24[deg]36[min] N west to the park boundary, but excluding:
    (i) The designated anchorage;
    (ii) Garden Key, Bush Key and Long Key; or
    (iii) The central portion of Loggerhead key including the lighthouse 
and associated buildings.
    (15) Shrimp means a member of the genus Farfantepenaeus, Penaeus sp.
    (b) Are there recreational fishing restrictions that I need to know?
    (1) Yes. After consulting with and obtaining the concurrence of the 
Florida Fish and Wildlife Conservation Commission, based on management 
objectives and the park fisheries research, the Superintendent may 
impose closures and establish conditions or restrictions necessary 
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, bag, and possession limits. The 
public will be notified of any changes through one or more methods 
listed in Sec.  1.7 of this chapter. In emergency situations,

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after consulting with the Florida Fish and Wildlife Conservation 
Commission, the Superintendent may impose temporary closures and 
establish conditions or restrictions necessary, but not exceeding 30 
days in duration which may be extended for one additional 30 day period, 
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, bag, and possession limits. In 
emergency situations where consultation in advance is not possible, the 
Superintendent will consult with the Florida Fish and Wildlife 
Conservation Commission within 24-hours of the initiation of the 
temporary closure or restriction.
    (2) Only the following may be legally taken from Dry Tortugas 
National Park:
    (i) Fin fish by closely attended hook-and-line;
    (ii) Bait fish by closely attended hook and line, dip net, or cast 
net and limited to 5 gallons per vessel per day; and
    (iii) Shrimp may be taken by dip net or cast net.
    (3) The following waters and areas are closed to fishing:
    (i) The Research Natural Area (RNA): Fish and fishing gear may be 
possessed aboard a vessel in the RNA, provided such fish can be shown 
not to have been harvested from within, removed from, or taken within 
the RNA, as applicable, by being stowed in a cabin, locker, or similar 
storage area prior to entering and during transit through the RNA, 
provided further that such vessel is in continuous transit through the 
RNA. Gear capable of harvesting fish may be aboard a vessel in the RNA, 
provided such gear is not available for immediate use when entering and 
during transit through the RNA and no presumption of fishing activity 
shall be drawn therefrom;
    (ii) Garden Key moat;
    (iii) Within any swimming and snorkeling areas designated by buoys;
    (iv) Within 50 feet of the historic coaling docks;
    (v) Helipad areas, including the gasoline refueling dock.
    (4) The following are prohibited:
    (i) Possessing lobster within the boundaries of the park, unless the 
individual took the lobster outside park waters and has the proper 
State/Federal licenses and permits. Vessels with legally taken lobster 
aboard which was taken outside the park may not have persons overboard 
in park waters. The presence of lobster aboard a vessel in park waters, 
while one or more persons from such vessel are overboard, constitutes 
prima facie evidence that the lobsters were harvested from park waters 
in violation of this chapter.
    (ii) Taking fish by pole spear, Hawaiian sling, rubber powered, 
pneumatic, or spring loaded gun or similar device known as a speargun, 
air rifles, bows and arrows, powerheads, or explosive powered guns. 
Operators of vessels within the park must break down and store all 
weapons described in this paragraph so that they are not available for 
immediate use.
    (iii) Use of a hand held hook, gig, gaff, or snare, except that a 
gaff may be used for landing a fish lawfully caught by hook and line 
when consistent with all requirements in this section, including size 
and species restrictions.
    (iv) Taking, possessing, or touching any ornamental tropical fish or 
marine life except as expressly provided in this section.
    (v) Dragging or trawling a dip net or cast net.
    (vi) The use of nets except as provided in paragraphs (b)(3)(ii)and 
(iii) of this section.
    (vii) Engaging in guide operations (fee for service), including but 
not limited to fishing and diving, except in accordance with the 
provisions of:
    (A) A permit, contract, or other commercial use authorization; or
    (B) Other written agreement with the United States administered 
under this chapter.
    (c) Are any areas of the park closed to the public? Yes. The 
following areas are closed to the public:
    (1) The elkhorn (Acropora palmata) and staghorn (Acropora prolifera) 
coral patches adjacent to and including the tidal channel southeast of 
Long and Bush Keys and extending to 100 yards from the exterior edge of 
either patch;
    (2) Hospital and Long Keys; and

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    (3) Areas that the Superintendent designates in accordance with 
Sec.  1.5 and noticed to the public through one or more of the methods 
listed in Sec.  1.7 of this chapter.
    (d) What restrictions apply on Loggerhead Key?
    (1) The Superintendent will, as necessary to protect park resources, 
visitors, or employees:
    (i) Designate areas on Loggerhead Key open for public use;
    (ii) Establish closures or restrictions on and around the waters of 
Loggerhead Key; and
    (iii) Establish conditions for docking, swimming or wading, and 
hiking.
    (2) The Superintendent will notify the public of designations, 
closures or restrictions through one or more of the methods listed in 
Sec.  1.7 of this chapter.
    (e) What restrictions apply to anchoring a vessel in the park?
    (1) Anchoring in the Research Natural Area (RNA) is prohibited.
    (2) All vessels in the RNA must use designated mooring buoys.
    (3) Anchoring between sunset and sunrise is limited to the 
designated anchorage area at Garden Key.
    (4) Vessels engaged in commercial fishing or shrimping must not 
anchor in any of the channels, harbors, or lagoons in the vicinity of 
Garden Key, Bush Key, or the surrounding shoals outside of Bird Key 
Harbor, except in cases of emergency involving danger to life or 
property. (Emergencies may include, adverse weather conditions, 
mechanical failure, medical emergencies, or other public safety 
situations.)
    (f) What vessel operations are prohibited? The following vessel 
operations are prohibited:
    (1) Operating a vessel in the Fort Jefferson Moat; and
    (2) Operating a vessel above a flat wake speed in the Garden Key and 
Bird Key Harbor areas.
    (g) What restrictions apply to discharging materials in park waters?
    (1) Discharging or depositing materials or substances of any kind 
within the boundaries of the park is prohibited, except for the 
following:
    (i) Research Natural Area: cooling water or engine exhaust.
    (ii) Park Waters Outside the Research Natural Area:
    (A) Fish, fish parts, chumming materials, or bait used or produced 
incidental to and while conducting recreational fishing activities in 
the park;
    (B) Water generated by routine vessel operations (e.g., deck wash 
down and graywater from sinks, consisting of only water and food 
particles;
    (C) Vessel cooling water, engine exhaust, or bilge water not 
contaminated by oil or other substances.
    (2) The Superintendent may impose further restrictions as necessary 
to protect park resources, visitors, or employees. The Superintendent 
will notify the public of these requirements through one or more of the 
methods listed in Sec.  1.7 of this chapter.
    (h) What are the permit requirements in the park?
    (1) A permit, issued by the Superintendent, is required for all non-
commercial vessels for which occupants are engaged in recreational 
activities, including all activities in the RNA. Permitted recreational 
activities include but are not limited to use of mooring buoys, 
snorkeling, diving, wildlife viewing, and photography.
    (2) A permit, issued by the Superintendent, is required for a 
person, group, institution, or organization conducting research 
activities in the park.
    (3) Vessels transiting the park without interruption shall not 
require a permit.
    (i) How are corals and other underwater natural features protected 
in the park?
    (1) Taking, possessing, removing, damaging, touching, handling, 
harvesting, disturbing, standing on, or otherwise injuring coral, coral 
formation, seagrass or other living or dead organisms, including marine 
invertebrates, live rock, and shells, is prohibited.
    (2) Vessel operators are prohibited from allowing their vessel to 
strike, injure, or damage coral, seagrass, or any other immobile 
organism attached to the seabed.
    (3) Vessel operators are prohibited from allowing an anchor, chain, 
rope or other mooring device to be cast, dragged, or placed so as to 
strike, break, abrade, or otherwise cause damage to coral formations, 
sea grass, or submerged cultural resources.

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    (j) What restrictions apply on or near shipwrecks?
    (1) No person may destroy, molest, remove, deface, displace, or 
tamper with wrecked or abandoned vessels of any type or condition, or 
any cargo pertaining thereto.
    (2) Surveying, inventorying, dismantling, or recovering any wreck or 
cargo within the boundaries of the park is prohibited unless permitted 
in writing by the Superintendent.
    (k) How are aircraft operations restricted?
    (1) Landing an aircraft in Dry Tortugas National Park may occur only 
in accordance with a permit issued by the Superintendent under Sec.  1.6 
of this chapter.
    (2) When landing is authorized by permit, the following requirements 
also apply:
    (i) Aircraft may be landed on the waters within a radius of 1 mile 
of Garden Key, but a landing or takeoff may not be made within 500 feet 
of Garden Key, or within 500 feet of any closed area.
    (ii) Operation of aircraft is subject to Sec.  2.17 of this chapter, 
except that seaplanes may be taxied closer than 500 feet to the Garden 
Dock while en route to or from the designated ramp, north of the dock.
    (iii) Seaplanes may be moored or brought up on land only on the 
designated beach, north of the Garden Key dock.

[71 FR 76164, Dec. 20, 2006]