CODE OF FEDERAL REGULATIONS

TITLE 36

Timucuan Ecological and Historic Preserve Fort Caroline National Memorial

March 2017

Compendium -of Designations, Closures, Request Requirements, and Other Restrictions imposed under the discretion of the Superintendent.

In accordance with regulations and the delegated authority provided in Title 36, Code of

Federal Regulations, Chapter 1, Parts 1 through 4, authorized by Title 54, United States Code, Sections 100751, 100752, 100753, 102101, and 103104, the following regulatory provisions are established for the proper management, protection, government and public use of the portions of the Timucuan Ecological and Historic Preserve under the jurisdiction of the National Park Service.

Unless otherwise stated, these regulatory provisions apply in addition to the requirements

contained in 36 Code of Federal Regulations, Chapter 1.

Date Superinte en Timucuan Ecological and Historic Preserve

Compendium of designations, closures, request requirements and other restrictions imposed under

Title 36 of the Code of Federal Regulations within the discretion of the Superintendent

The National Park Service manages the lands under its administration using various Federal laws, regulations, and policies and, in certain circumstances, state laws. The general regulations created to enable the National Park Service to protect the resources and the visiting public are found in Title 36 of the Code of Federal Regulations (36 CFR), primarily sections one through seven. This Code is written and revised with input from interested parties through the Federal Register rule making process. Recognizing that parks and park uses vary across the nation, 36 CFR identifies specific rules which may be modified by local park management to address the resource, recreation, and use issues of the individual park. These modifications, sometimes called Superintendent’s Orders, are published in a Compendium of such requirements. The Compendium, along with 36 CFR, is to be available to the public to enable park users to identify the types of activities that are regulated in a specific park.

This document is the Compendium of Superintendent’s Orders for Timucuan Ecological and Historic Preserve and Fort Caroline National Memorial. Although legislated as separate units of the National Park system, the two parks share missions and personnel. They also have common boundaries, making them virtually indistinguishable to park users. Therefore, park management has chosen to publish one Compendium in order to maintain consistent policies and reduce potential confusion for the public. The definitions that follow are used throughout this document. There are three types of areas within Timucuan/Fort Caroline. 1

Designated Use Areas Portions of the Timucuan Preserve and Fort Caroline have significant visitor use facilities. They are managed to encourage specific types of use and/or to protect resources. On these lands there may be more restrictions in order to accomplish the specified mission of that unit, to provide protection to the resource, or to reduce user conflicts due to the higher level of activity. These designated use areas also contain areas that are administrative in nature. They may have different operating hours and may be closed to the public.

1 These area definitions are for CFR regulations only and should not to be confused with Management Zones identified in the Timucuan Preserve General Management Plan.

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The Preserve contains four designated use areas. These are:

Fort Caroline National Memorial consists of three sub-units accessible from Fort Caroline Road (Fort Caroline main area, Spanish Pond, and the Ribault Column areas), includes all land within the legislated boundary of the Memorial, and all buildings, dock, and facilities. Theodore Roosevelt Area includes all NPS-owned land and waters within the area accessed from Mt. Pleasant Road and all buildings and facilities. Kingsley Plantation includes all contiguous NPS-owned land on Fort George Island surrounding the historic site, bounded by state or private land or the mean high water line, and all buildings, dock, and facilities. Cedar Point includes all of the NPS-owned land on Black Hammock Island accessed by Cedar Point Road, including all buildings and facilities.

Special Management Areas

Portions of the Preserve have restrictions of use and may be managed under significantly different guidelines. The Thomas Creek unit and North Black Hammock Island properties are currently closed to the public unless under special arrangement. Thomas Creek unit includes all contiguous NPS-owned uplands southeast of the junction of Thomas Creek and Nassau River (formerly owned by Castleton Beverage Company), and all buildings and facilities on NPS land. North Black Hammock Island includes the Bennett, Sohn, and Hawk properties accessed by Sawpit Road, including all buildings and facilities.

Other Undeveloped Lands

Other lands and waters under the administration of the National Park Service within the Preserve are undeveloped lands in which Federal and state laws and regulations, including these provisions, unless otherwise stated, apply, regardless of administrative presence.

Section 1.5: Closures and public use limits

Hours of operation and closures [36 CFR 1.5 (a) (1)] Designated Use Areas Theodore Roosevelt Area is open from sunrise to sunset. Kingsley Plantation is open from 9:00 a.m. to 5:00 p.m. daily except Thanksgiving Day, Christmas Day, and New Year’s Day.

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Fort Caroline National Memorial is open from 9:00 a.m. to 5:00 p.m. daily except Thanksgiving Day, Christmas Day, and New Year’s Day. Spanish Pond is open from sunrise to sunset. Cedar Point areas are open from sunrise to sunset daily. Certain areas within the designated use areas may be posted as "closed."

Administrative Areas

Preserve Headquarters Administrative Area is open from 8:00 a.m. to 4:30 p.m. Monday through Friday, closed weekends and Federal holidays. Fort Caroline and Kingsley Plantation facility management areas are open from 7:00 a.m. to 3:30 p.m. Monday through Friday, closed weekends and Federal holidays.

Other Areas

Thomas Creek Special Management Area is closed to public use unless accompanied by NPS staff or under permit with prior arrangements (see Compendium Section 1.6 for permit information.)

North Black Hammock Island areas accessed by Sawpit Road are closed to public use unless accompanied by NPS staff or under permit with prior arrangements (see Compendium Section 1.6 for permit information.) Other undeveloped lands are open, unless otherwise posted, subject to restrictions in this compendium as well as all Federal, state, and local laws.

Prohibited and restricted activities [36 CFR 1.5 (a) (1)]

All areas

All areas are closed to motorized vehicles except designated roadways, parking lots and administrative areas. Vehicles may be authorized in appropriate locations, such as former roads and trails, when required for administrative or emergency activities. Segways, two-wheeled self balancing electric vehicles are considered to be motorized vehicles. Bicycles are prohibited [36 CFR 4.30] except on roadways open to vehicular traffic and on designated trails. Designated trails are limited to the Willie Browne Trail in the Theodore Roosevelt Area, unpaved roads at Cedar Point, and other trails which may be so designated during the term of this compendium; or temporarily for specific use and are specifically marked by the presence of NPS signs (as defined in 36 CFR 1.10) as open to bicycles. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Timucuan Ecological and Historic Preserve is prohibited except as approved in writing by the superintendent. The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the

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pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes quad copters, drones) that are used for any purpose, including for recreation or commerce. This is an interim policy in effect until further notice. Beaching and landing of boats on docks, riverbanks, shorelines, and beach areas is permitted, pursuant to hours of operation and other applicable and posted restrictions. Launching of boats is prohibited except: A craft that is hand carried to the water from legal parking areas, during operating hours and in accordance with other restrictions; or

at designated boat ramps, which includes the boat ramp at Cedar Point and other areas which may be so designated during the term of this compendium,

or temporarily for specific use; and are specifically marked by the presence of NPS signs (as defined in 36 CFR 1.10) as boat launching facilities.

Designated Use Areas

Hiking in designated use areas is permitted only during hours of operation and on designated trails. [36 CFR 2.1 (b)] The Kingsley Plantation and Fort Caroline areas are closed to the throwing of balls, discs, boomerangs or similar objects; kite flying; organized games or similar recreational activities; car cleaning, waxing, polishing, repairs or similar; except these activities are permitted by residents and their guests in the government housing area.

Emergency Closures [36 CFR 1.5 (a) (1)] During emergency situations, portions of the Preserve may be temporarily closed or activities restricted to ensure visitor protection and safety, or to protect temporarily vulnerable resource values.

Section 1.6: Permits In accordance with Title 36 CFR 1.7, the following activities require special permits: Collecting natural and cultural research specimens Special events and special group uses Public assemblies may require a permit Sale and/or distribution of printed matter may require a permit Display of commercial notices of advertisements Business operations Commercial filming or advertisement photography (see APPENDIX) Construction on Federal property Burials, the scattering of cremated remains, and/or memorials Bicyclists in excess of five or more

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Section 2: Resource protection, public use and recreation

Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource [36 CFR 2.1 (a) (5)]

(1) At Fort Caroline National Memorial visitors are not allowed to climb onto the fort exhibit walls, gates, or cannon carriages. Visitors are also prohibited from climbing the Ribault Monument and historical trees. Visitors, while wearing wet clothing, are not allowed to enter the Fort Caroline Visitor Center and must be wearing at least a shirt, shoes, and pants/skirt/dress (as appropriate).

(2) At Kingsley Plantation visitors are not allowed to climb onto the Slave Cabin ruins, walls, or associated cabin features. Visitors, while wearing wet clothing, are not allowed to enter the Main House, Kitchen House or their associated porches. Visitors in these areas must be wearing shirt, shoes, and pants/skirt/dress. (as appropriate).

Designated trails [36 CFR 2.1(b)] Hiking in designated use areas is permitted only during hours of operation and only on designated trails, roads and parking lots.

Gathering natural products for personal consumption [36 CFR 2.1(c)] All areas A reasonable quantity - up to one gallon per group per day - of blueberries, grapes, hickory nuts and other fruits may be gathered for personal use. Taking of edible plants, plant parts, stems, leaves, flowers, roots, tubers or other parts except seeds and seed-bearing parts as noted above is prohibited. Taking of Saw Palmetto berries is prohibited. Collecting seashells is prohibited except up to one gallon per group per day of unoccupied seashells may be gathered for personal use along shorelines of navigable waters in, or within 10 feet of the tidal zone. Disturbance, collection, removal or destruction of any portion of any shell mound, midden or scatter is prohibited [36 CFR 2.1 (a)(6) and other laws].

Hunting [36 CFR 2.2(b)(2)] Hunting is permitted within the Preserve in accordance with state and local laws; except:

Hunting is prohibited for reasons of public safety in all designated use areas, which include: Fort Caroline National Memorial; the Kingsley Plantation unit and all contiguous Federal land; Theodore Roosevelt Area; Cedar Point unit including all contiguous Federal land above the mean high water line; and in the Thomas Creek unit including all contiguous Federal land above the mean high water line.

• Hunting is also prohibited on all NPS-owned uplands on Black Hammock Island, the Broward Islands, Burton Island, Half Moon Island and the

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unnamed 52 other islands (note; a map showing the location of these islands is available at park HQ).

Transporting lawfully taken wildlife [36 CFR 2.2(d)] Lawfully taken wildlife may be transported through areas of the Preserve where hunting is permitted as listed above, in accordance with other use regulations provided that possession of the wildlife is in accordance with Federal, state and local laws; Transporting dead animals is prohibited in areas of the Preserve where hunting is prohibited as listed above; however Dead animals - taken legally outside Preserve boundaries - may be transported through the public areas of Cedar Point provided that travel across NPS land is required in order to launch and retrieve the hunter’s vessel, vehicle, trailer, and related equipment.

Viewing wildlife with artificial light [36 CFR 2.2(e)] Use of an artificial light to view wildlife is prohibited, unless specifically permitted by state law, or research permit.

Fishing [36 CFR 2.3] Fishing is permitted in the Preserve in accordance with state law; except where restricted [under the authority of section 1.5]:

- In the Theodore Roosevelt Area, fishing is prohibited in all areas except the saltwater marsh and tidal creeks designated on the attached map.

- Fishing is prohibited at Kingsley Plantation from the dock, from boats secured to the dock, and from the retaining wall in front of the main house.

- Fishing is prohibited at Cedar Point from the dock.

- Fishing is prohibited from the banks in the Thomas Creek unit except under research permit.

- Fishing is prohibited in Fort Caroline National Memorial (includes dock and from boats secured to the dock, and Spanish Pond). [36 CFR 7.61]

Weapons, traps and nets [36 CFR 2.4] Effective February 22, 2010, P.L. 111-24 Sec 512 was passed by Congress to address the possession of firearms in all national parks and wildlife refuges. This law supersedes certain applications of section 2.4(a)(1)(i), (ii), and (h) of Title 36 of the Code of Federal Regulations (CFR) which hitherto prohibited the carrying of firearms in national parks in most circumstances. The new law is designed to match the firearms laws of the state of Florida. Only law enforcement officers and persons possessing a concealed weapons permit issued by Florida or a state with reciprocity may carry concealed firearms on their persons.

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18 USC Sec 930(h) prohibits firearms and dangerous weapons in federal facilities. This is defined as a “building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties”. 43 CFR Sec 20.511 prohibits federal employees (which includes VIP’s), other than those specifically designated to perform enforcement, police or other official duties requiring the use of firearms, from carrying or having in their possession firearms on DOI lands. When off duty, same regulations apply as to regular visitors. Florida state law Sec 790.053 states it is normally unlawful for any person to openly carry on or about his or her person any firearm. FL 790.25(h) states that the laws prohibiting open carry do not apply to “a person engaged in fishing, camping, or lawful hunting or going to or returning from a fishing, camping, or lawful hunting expedition.” Weapons may be transported through the public areas of Cedar Point provided that travel across NPS land is required in order to launch and retrieve the hunter’s vessel, vehicle, trailer, or other equipment. Possession of any weapon must be in accordance with Federal, state and local laws [36 CFR 2.4 d.4].

(3) Fishing equipment is permitted in areas of the Preserve where fishing is permitted, and along trails of the Theodore Roosevelt Area, provided that possession of the equipment is in accordance with Federal, state and local laws.

Camping [36 CFR 2.10] Camping is prohibited in designated areas and special management areas. [1.5]

Picnicking [36 CFR 2.11] Designated Use Areas At Fort Caroline and Theodore Roosevelt picnicking is permitted only in designated areas (i.e. the tables near the visitor center at Fort Caroline; and at Theodore Roosevelt the tables near the parking lot.) All refuse from picnicking must be removed to discourage scavenging by wildlife. At Kingsley Plantation informal picnicking is allowed on the grounds, except it is prohibited on, inside, or within 100 feet of any historic structure. All food, food storage materials, and garbage must be removed after use.

Other areas Picnicking is permitted in other areas of the Preserve.

Audio Disturbances [36 CFR 2.12] Idling a motorized commercial or private vehicle, generator or machinery in any parking areas, except for the purpose of loading and unloading passengers is prohibited. The use of portable radios, high performance auto sound systems and/or other non-period music producing devices (which emit a decibel level of 60 or higher measured at 50 feet) is prohibited. Power saws, lawn mowers, and woodworking equipment may be used by park housing area residents.

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Fires [36 CFR 2.13] All areas Lighting or maintaining a fire is prohibited, except by a park employee or resident in government housing, or as a portion of a park sponsored living history interpretive program. Lighting or maintaining a fire with charcoal in a small grill is permitted at picnic tables. Ashes must be removed from park property. Ashes may not be dumped on park property or placed in park trash receptacles.

Sanitation and Refuse [36 CFR 2.14]

Designated Use Areas Disposing of human body waste in designated use areas is prohibited other than in fixtures provided by the government for such purpose. All refuse must be contained, carried out, or disposed of in containers provided by the visitor or the government.

Pets [36 CFR 2.15]

All areas Animals, other than guide dogs, are prohibited in all buildings, shelters, or historic structures within the preserve; except long-term park residences. Pets must be under physical control at all times on a leash not more than six (6) feet long or crated, caged or otherwise physically confined, except for those dogs engaged in hunting activities where permitted in accordance with state law. Pet owners may not allow unreasonable noise that frightens wildlife by barking, howling, or making other noise. Pet owners are responsible for the proper disposal in all public use areas within preserve boundaries of pet excrement. If you are in wooded areas, dispose of excrement off trails; if you are in open areas around buildings, dispose of excrement in trash receptacles. Pets may be owned by park residents in accordance with park policy. Owners are subject to all CFR regulations.

Horses and Pack Animals [36 CFR 2.16]

All areas Horses and pack animals are not allowed on park grounds, roads or trails. [1.5]

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Smoking [36 CFR 2.21]

All areas Smoking is prohibited in all preserve buildings. During periods of high wild land fire danger, smoking may be restricted or prohibited in all areas of the Preserve except designated areas.

During such high fire danger periods smoking is prohibited near and adjacent to any of the Kingsley Plantation historic buildings. The public will be notified when such restrictions exist but this action may occur without prior public notice.

Property [36 CFR 2.22]

(a) The following are prohibited: (1) Abandoning property. (2) Leaving property unattended for longer than 24 hours, except in locations where

longer time periods have been designated or in accordance with conditions established by the superintendent.

(3) Failing to turn in found property to the superintendent as soon as practicable. (b) Impoundment of property. (1) Property determined to be left unattended in excess of an allowed period of time may

be impounded by the superintendent. (2) Unattended property that interferes with visitor safety, orderly management of the

park area, or presents a threat to park resources may be impounded by the superintendent at any time.

(3) Found or impounded property shall be inventoried to determine ownership and safeguard personal property.

(4) The owner of record is responsible and liable for charges to the person who has removed, stored, or otherwise disposed of property impounded pursuant to this section; or the superintendent may assess the owner reasonable fees for the impoundment and storage of property impounded pursuant to this section.

(c) Disposition of property. (1) Unattended property impounded pursuant to this section shall be deemed to be

abandoned unless claimed by the owner or an authorized representative thereof within 60 days. The 60-day period shall begin when the rightful owner of the property has been notified, if the owner can be identified, or from the time the property was placed in the superintendent's custody, if the owner cannot be identified.

(2) Unclaimed, found property shall be stored for a minimum period of 60 days and, unless claimed by the owner or an authorized representative thereof, may be claimed by the finder, provided that the finder is not an employee of the National Park

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Service. Found property not claimed by the owner or an authorized representative or the finder shall be deemed abandoned.

(3) Abandoned property shall be disposed of in accordance with title 41 Code of Federal Regulations.

(4) Property, including real property, located within a park area and owned by a deceased person, shall be disposed of in accordance with the laws of the State within whose exterior boundaries the property is located.

(d) The regulations contained in paragraphs (a)(2), (b) and (c) of this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

Trespassing, tampering and vandalism [36 CFR 2.31] (a) The following are prohibited: (1)Trespassing. Trespassing, entering or remaining in or upon property or real property

not open to the public, except with the express invitation or consent of the person having lawful control of the property or real property.

(2)Tampering. Tampering or attempting to tamper with property or real property, or moving, manipulating or setting in motion any of the parts thereof, except when such property is under one's lawful control or possession.

(3)Vandalism. Destroying, injuring, defacing, or damaging property or real property. (4)Harassment. Intentional or reckless harassment of park visitors with physical contact. (5)Obstruction. Intentional or reckless obstruction of any sidewalk, trail, highway,

building entranceway, railroad track, or public utility right-of-way, or other public passage, whether alone or with others. The mere gathering of persons to hear a speaker communicate, or simply being a member of such a gathering, does not constitute obstruction. An official may make a reasonable request or order that one or more persons move in order to prevent obstruction of a public passage, and refusal of such an order constitutes obstruction.

(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

Interfering with agency functions [36 CFR 2.32]

(a) The following are prohibited: (1)Interference. Threatening, resisting, intimidating, or intentionally interfering with a

government employee or agent engaged in an official duty, or on account of the performance of an official duty.

(2) Lawful order. Violating the lawful order of a government employee or agent authorized to maintain order and control public access and movement during fire fighting operations, search and rescue operations, wildlife management operations involving animals that pose a threat to public safety, law enforcement actions, and emergency operations that involve a threat to public safety or park resources, or other activities where the control of public movement and activities is necessary to maintain

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order and public safety. (3) False information. Knowingly giving a false or fictitious report or other false

information: (i) To an authorized person investigating an accident or violation of law or regulation or; (ii) on an application for a permit.

(4) False Report. Knowingly giving a false report for the purpose of misleading a government employee or agent in the conduct of official duties, or making a false report that causes a response by the United States to a fictitious event.

(b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States.

Disorderly conduct [36 CFR 2.34]

(a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts:

(1) Engages in fighting or threatening, or in violent behavior. (2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene,

physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace.

(3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.

(4) Creates or maintains a hazardous or physically offensive condition. (b) The regulations contained in this section apply, regardless of land ownership, on all

lands and waters within a park area that are under the legislative jurisdiction of the United States.

Alcoholic Beverages and Controlled Substances [36 CFR 2.35 a.3.iii.]

Designated Use Areas Possession and consumption of alcoholic beverages is prohibited in designated use areas of the preserve except in designated picnic areas and at Cedar Point and in compliance with the provisions of Section 3.6 (b) for boating operations and Section 4.14 for motorized vehicles; except that Alcoholic beverages are permitted in the residential areas in accordance with state law. The superintendent reserves the right to permit the consumption of alcoholic beverages in all areas for specific park functions.

Explosives [36 CFR 2.38] All areas Fireworks and firecrackers are prohibited within the boundaries of the preserve.

Special Events [36 CFR 2.50] All areas

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Special events are allowed provided there is a meaningful association between the park area and the event(s), the observance contributes to visitor understanding of park significance, and event sponsors possess a permit issued by the superintendent.

Demonstrations [36 CFR 2.51] (a) Demonstrations. The term “demonstrations” includes demonstrations,

picketing, speechmaking, marching, holding vigils or religious services, and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers. This term does not include casual park use by visitors or tourists that is not reasonably likely to attract a crowd or onlookers.

(b) Permits and the small group permit exception. Demonstrations are allowed within park areas designated as available under paragraph (c)(2) of this section, when the superintendent has issued a permit for the activity, except that:

(1) Demonstrations involving 25 persons or fewer may be held without a permit within designated park areas, provided that:

(i) None of the reasons for denying a permit that are set out in paragraph (f) of this section are present;

(ii) The group is not merely an extension of another group already availing itself of the small group permit exception under this provision;

(iii) They will not unreasonably interfere with other permitted demonstrations and special events, or park program activities; and

(iv) Hand-carried signs may be used, but stages, platforms, or structures may not be used.

(2) While it is not mandatory, the organizer is requested to provide reasonable notice of the proposed event to the park superintendent, including whether there is any reason to believe that there may be an attempt to disrupt, protest, or prevent the activity.

(3) The 25-person maximum for the small group permit exception may be reduced for a designated available area, but only if:

(i) A written determination that a 25-person group cannot be reasonably physically accommodated within that area is approved by the regional director; and

(ii) The written determination is made available at the office of the superintendent and by public notice under §1.7 of this chapter.

(4) In the event that two or more groups taking advantage of the small group permit exception seek to use the same designated available area at the same time, and the area cannot reasonably accommodate multiple occupancy, the superintendent will, whenever possible, direct the later-arriving group to relocate to another nearby designated available area.

(c) Designated available park areas. (1) Locations may be designated as available for demonstrations under this

section, and for the sale or distribution of printed matter under §2.52, only if

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these activities would not: (i) Cause injury or damage to park resources; (ii) Unreasonably impair the atmosphere of peace and tranquility maintained in

wilderness, natural, historic, or commemorative zones; (iii) Unreasonably interfere with interpretive, visitor service, or other program

activities, or with the administrative activities of the National Park Service; (iv) Substantially impair the operation of public use facilities or services of

National Park Service concessioners, holders of commercial use authorizations, or contractors;

(v) Present a clear and present danger to the public health and safety; or (vi) Be incompatible with the nature and traditional use of the particular park

area involved. (2) The superintendent must designate on a map, which must be available in the

office of the superintendent and by public notice under §1.7 of this chapter, the locations designated as available for demonstrations and the sale or distribution of printed matter.

(d) Application for permit. A permit application must provide: (1) The name of the applicant or the name of the organization (if any); (2) The date, time, duration, nature, and place of the proposed event; (3) An estimate of the number of persons expected to attend; (4) A statement of equipment and facilities to be used; (5) Whether there is any reason to believe that there will be an attempt to

disrupt, protest, or prevent the event; and (6) Any other information required by the permit application form. (e) The superintendant must not accept an application more than one year

before the proposed event (including time required for set-up); applications received more than a year in advance will be returned to the applicant.

(f) Processing the application. The superintendent must issue a permit within ten days of receiving a complete and fully executed application unless:

(1) The superintendant has granted or will grant a prior application for a permit for the same time and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area;

(2) It reasonably appears that the event will present a clear and present danger to public health or safety;

(3) The event is of such nature or duration that it cannot reasonably be accommodated in the particular location applied for, considering such things as damage to park resources or facilities, impairment of a protected area's atmosphere of peace and tranquility, interference with program activities, or impairment of public use facilities;

(4) The location applied for has not been designated as available under paragraph (c)(2) of this section;

(5) The application was submitted more than one year before the proposed event (including set-up); or

(6) The activity would constitute a violation of an applicable law or regulation. (g) Written denial of permit. If a permit is denied, the superintendant will inform

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the applicant in writing of the denial and the reasons for it. (h) Permit conditions. The permit may contain conditions reasonably consistent

with the requirements of public health and safety, protection of park resources, and the use of the park area for the purposes for which it was established. It may also contain reasonable limitations on the equipment used and the time and area within which the event is allowed.

(i) Permit duration. (1) Permits may be issued for a maximum of 14 consecutive days. (2) A permit may be extended for up to 14 days, but a new application must be

submitted for each extension requested. (3) The extension may be denied if another applicant has requested use of the

same location and the location cannot reasonably accommodate multiple occupancy.

(j) Violation prohibited. Violation of these regulations or the terms of the permit is prohibited.

(k) Permit revocation, termination of small group exception. (1) The superintendent may revoke a permit for any violation of its terms and

conditions. (2) The superintendent may revoke a permit, or order a small group permit

exception activity to cease, when any of the conditions listed in paragraph (f) of this section exist.

(3) The superintendent will make the revocation or order to cease in writing, with the reasons clearly set forth. In emergency circumstances the superintendent will make an immediate verbal revocation or order to cease, followed by written confirmation within 72 hours.

Sale or distribution of printed matter [36 CFR 2.52] (a) Printed Matter. The term “printed matter” means message-bearing textual

printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. Superintendents will allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within an area designated as available for First Amendment activities under 36 CFR 2.51(c)(1) and otherwise complies with 36 CFR 2.52.

Examples of message-bearing items that may be distributed for free include CDs, DVDs, and other readable electronic media. Such items must be distributed free of charge, and individuals may not ask or demand payment or request a donation in exchange for the item, which would violate 36 CFR 5.3.

(b) Permits and the small group permit exception. The sale or distribution of printed matter is allowed within park areas designated as available under §2.51(c)(2) when the superintendent has issued a permit for the activity, except that:

(1) Sale or distribution activity by 25 persons or fewer may be conducted without a permit within designated park areas, provided that:

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(i) None of the reasons for denying a permit that are set out in paragraph (e) of this section are present; and

(ii) The group is not merely an extension of another group already availing itself of the small group permit exception under this provision;

(iii) The sale or distribution will not unreasonably interfere with other permitted demonstrations and special events, or program activities; and

(iv) Hand-carried signs may be used, but stages, platforms, or structures may not be used.

(2) While it is not mandatory, the organizer is requested to provide reasonable notice of the proposed event to the park superintendent, including whether there is any reason to believe that there may be an attempt to disrupt, protest, or prevent the activity.

(3) The 25-person maximum for the small group permit exception may be reduced for a designated available area, but only if:

(i) A written determination that a 25-person group cannot be reasonably physically accommodated within that area is approved by the regional director; and

(ii) The written determination is made available at the office of the superintendent and by public notice under §1.7 of this chapter.

(4) In the event that two or more groups taking advantage of the small-group permit exception seek the same designated available area at the same time, and the area cannot reasonably accommodate multiple occupancy, the superintendent will, whenever possible, direct the later-arriving group to relocate to another nearby designated available area.

(c) Application for permit. An application must provide: (1) The name of the applicant or the name of the organization (if any); (2) The date, time, duration, nature, and place of the proposed event; (3) An estimate of the number of persons expected to attend; (4) A statement of equipment and facilities to be used; (5) Whether there is any reason to believe that there will be an attempt to

disrupt, protest, or prevent the event; and (6) Any other information required by the permit application form. (d) The superintendant must not accept an application more than one year

before the proposed event (including time required for set-up); applications received more than a year in advance will be returned to the applicant.

(e) Processing the application. The superintendent must issue a permit within ten days of receiving a complete and fully executed application unless:

(1) The superintendant has granted or will grant a prior application for a permit for the same time and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of the particular area;

(2) It reasonably appears that the sale or distribution will present a clear and present danger to the public health and safety;

(3) The number of persons engaged in the sale or distribution exceeds the number that can reasonably be accommodated in the particular location applied for, considering such things as damage to park resources or facilities,

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impairment of a protected area's atmosphere of peace and tranquility, interference with program activities, or impairment of public use facilities;

(4) The location applied for has not been designated as available under §2.51(c)(2);

(5) The application was submitted more than one year before the proposed event (including set-up); or

(6) The activity would constitute a violation of an applicable law or regulation. (f) Written denial of permit. If a permit is denied, the superintendant will inform

the applicant in writing of the denial and the reasons for it. (g) Permit conditions. The permit may contain conditions reasonably consistent

with the requirements of public health and safety, protection of park resources, and the use of the park area for the purposes for which it was established.

(h) Permit duration. (1) Permits may be issued for a maximum of 14 consecutive days. (2) A permit may be extended for up to 14 days, but a new application must be

submitted for each extension requested. (3) The extension may be denied if another applicant has requested use of the

same location and the location cannot reasonably accommodate multiple occupancy.

(i) Misrepresentation. It is prohibited for persons engaged in the sale or distribution of printed matter under this section to misrepresent the purposes or affiliations of those engaged in the sale or distribution, or to misrepresent whether the printed matter is available without cost or donation.

(j) Violation prohibited. Violation of these regulations or the terms of the permit is prohibited.

(k) Permit revocation, termination of small group exception. (1) The superintendent may revoke a permit for any violation of its terms and

conditions. (2) The superintendent may revoke a permit, or order a small group permit

exception activity to cease, when any of the conditions listed in paragraph (e) of this section exist.

(3) The superintendent will make the revocation or order to cease in writing, with the reasons clearly set forth. In emergency circumstances the superintendent will make an immediate verbal revocation or order to cease, followed by written confirmation within 72 hours.

Memorialization [36 CFR 2.62] All areas The scattering of human ashes from cremation is prohibited except pursuant to the terms and conditions of a permit issued by the superintendent.

Speed Limits [36 CFR 4.21] Designated use areas The maximum speed limit on all public roads is 15 mph or as posted.

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Bicycles [36 CFR 4.30] All areas Bicycles are prohibited [36 CFR 4.30] except on roadways open to vehicular traffic and on designated trails. Designated trails are limited to the Willie Browne Trail in the Theodore Roosevelt Area; unpaved roads at Cedar Point; and other trails which may be so designated during the term of this compendium, or temporarily for specific use; and are specifically marked by the presence of NPS signs (as defined in 36 CFR 1.10) as open to bicycles.

CODE OF FEDERAL REGULATIONS

TITLE 36, CHAPTER 1

Timucuan Ecological and Historic Preserve

Written determination for justifying actions listed in the Compendium of Designations, Closures, Request Requirements and Other Restrictions.

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations, Chapter 1, Section 1.5 (c), the following justifications are provided to identify the reasoning behind the use of the superintendent's discretionary authority in setting forth the various closures and designations as listed in the compendium required in Section 1.7 (b).

Section 1.5: Closures and public use limits

Hours of operation and closures [36 CFR 1.5 (a) (1)]

Preserve areas have posted hours to protect natural and cultural resources from vandalism and theft and to lessen safety hazards to visitors. There are no overnight accommodations or facilities on National Park Service lands within the Preserve. No legitimate public activity is prevented by closing areas at night.

The Thomas Creek land area is closed under the terms of a joint management agreement with the previous owner. The current, temporary closure was negotiated as part of acquisition and management of the property

Prohibited and restricted activities [36 CFR 1.5 (a) (1)]

In accordance with 36 CFR 4.10, vehicles are restricted to protect resources and preserve the integrity of the natural and cultural scene. Exceptions may be made as noted to efficiently carry out the mission of the parks.

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In accordance with 36 CFR 4.30, bicycles are restricted. The currently designated Willie Browne Trail and the unpaved roads at Cedar Point have been determined to meet resource protection, scenic and safety guidelines. Future trail designations will meet all specified criteria.

The compendium closures required to implement this interim unmanned aircraft policy are necessary to maintain public health and safety and to protect park resources and values until the NPS can determine whether specific uses of unmanned aircraft on lands and waters administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values. The use of unmanned aircraft on lands and waters administered by the NPS is a new park use. This new use has the potential to cause unacceptable impacts such as harming visitors, interfering with rescue operations, causing excessive noise, impacting view sheds, and disturbing wildlife. These closures are a necessary, interim measure while this new use can be properly evaluated.

Launching of vehicle-drawn boats where suitable facilities are absent is incompatible with resource preservation and other public use. Suitable facilities are provided at Cedar Point as well as non-NPS sites throughout the Preserve. Beaching in suitable locations is a traditional activity with minimal impact. Hand-powered craft are launched subject to all appropriate regulations.

In the developed areas of the preserve, hiking is restricted to designated areas in order to prevent destruction of natural and cultural resources and to lessen safety hazards to visitors.

Games, sports, and other types of active recreational pursuits listed have an adverse impact on the aesthetic, scenic and cultural values for which these sites were designated.

Section 1.6: Permits

Permits are required by 36 CFR, parts 1 through 7.

Section 2: Resource protection, public use and recreation

Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource [36 CFR 2.1 (a) (5)]

(1) Historical and archeological features of the park are adversely affected by visitors wearing wet clothing and/or engaging in a climbing activity. Wearing clean, dry clothing in historic buildings helps to prevent the inadvertent transfer of insect

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repellant, suntan/body lotions, and natural body oils to historic fabric of historic buildings.

Designated trails [36 CFR 2.1(b)]

In the developed areas of the preserve, hiking is restricted to designated areas in order to prevent destruction of natural and cultural resources and to lessen safety hazards to visitors.

Gathering natural products for personal consumption [36 CFR 2.1(c)]

These have been determined by the Superintendent to be reasonable quantities which may be gathered for personal use. Quantities are limited in order to minimize any adverse effects on park resources.

Hunting [36 CFR 2.2(b)(2)]

In accordance with the enabling legislation's provision to protect the natural ecology, hunting and trapping have been determined by the Superintendent to be inconsistent with public safety and enjoyment in the designated use areas of the Preserve.

Thomas Creek is closed to hunting due to the temporary management agreement with the previous owner.

All other Special management Areas are closed to hunting due to their close proximity to city streets and the need for public safety.

Transporting lawfully taken wildlife [36 CFR 2.2(d)]

Transporting lawfully taken wildlife is a logical extension of legal hunting. Therefore it is permitted where hunting is permitted, and to permit reasonable access by boat to legal hunting areas via the NPS-owned Cedar Point boat ramp. However, it falls to the person possessing the wildlife to show that they require the access and are actively engaged in hunting through evidence of possessing associated equipment.

Viewing wildlife with artificial light [36 CFR 2.2(e)]

Spotlighting wildlife at night is prohibited in most cases by state law. NPS policy conforms to state hunting regulations.

Fishing [36 CFR 2.3]

Due to limited access to freshwater ponds and creeks and their use as rookeries by various bird species and seasonal fluctuations of water levels, areas within the Theodore Roosevelt Area except for the designated shoreline areas have been closed to fishing.

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Thomas Creek is closed to fishing due to the temporary management agreement with the previous owner.

Fort Caroline National Memorial, which includes Spanish Pond is closed to fishing by 36 CFR 7.61.

Docks at Fort Caroline, Kingsley Plantation, and Cedar Point are closed to fishing due to safety and sanitation reasons.

Weapons, traps and nets [36 CFR 2.4]

Effective February 22, 2010, P.L. 111-24 Sec 512 was passed by Congress to address the possession of firearms in all national parks and wildlife refuges. This law supersedes certain applications of section 2.4(a)(1)(i), (ii), and (h) of Title 36 of the Code of Federal Regulations (CFR) which hitherto prohibited the carrying of firearms in national parks in most circumstances. The new law is designed to match the firearms laws of the state of Florida.

Weapons and other hunting and fishing equipment are a logical extension of legal hunting and fishing. Therefore, it is permitted where hunting and fishing are permitted, and to permit reasonable access by boat to legal hunting and fishing areas. However, it falls to the person possessing the weapons and equipment to show that they require the access and are actively engaged in the activity through evidence of possessing associated equipment.

Camping [36 CFR 2.10]

No facilities exist for sanitary, safe, non-destructive camping in the designated use areas of the Preserve. Reasonable alternatives exist in the form of state and private camping facilities in and around the Preserve.

Picnicking [36 CFR 2.11]

The designated use areas are established in part because of high public use and the historic or ambient setting. Picnic areas have been established near the visitor center at Fort Caroline and at the trailhead of the Theodore Roosevelt Area. Picnicking around the peripheral grounds at Kingsley does not intrude unduly on the setting.

Audio Disturbances [36 CFR 2.12]

To preserve the integrity of the cultural and natural scene, idling of vehicles is prohibited to eliminate excessive noise and exhaust fumes in small parking areas.

Portable radios and speakers may adversely affect visitor enjoyment of the park's natural and cultural values.

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Government employees residing in the park are allowed to operate power tools at home.

Fires [36 CFR 2.13]

Lighting or maintaining a fire may be prohibited because it might threaten, cause damage to, or result in the burning of property or park resources, creating a public safety hazard.

Sanitation and Refuse [36 CFR 2.14]

In order to provide visitors with a clean and unobtrusive park environment and to not pollute or contaminate any park lands or water courses, human body waste and other refuse must be removed to proper disposal sites.

Pets [36 CFR 2.15]

Pets are not allowed in buildings, shelters or historic structures in order to prevent sanitation problems, public safety hazards and general visitor inconvenience due to the small areas of the structures.

For pet and visitor safety, as well as protection of native animal species, pets must be restrained and under physical control of their owners.

Pet owners are required to remove pet excrement in the areas stated for sanitation reasons and to provide visitors with a clean and unobtrusive park environment.

Horses and Pack Animals [36 CFR 2.16]

The use of horses and pack animals is prohibited within the park because of the fragile nature of the sandy trails, the inherent incompatibility of pedestrians and horses in such a confined area and a concern about the spread of non-native plants (e.g. seeds in manure).

Smoking [36 CFR 2.21]

Recent Federal policy prohibits smoking in Federal buildings. In addition park buildings contain artifacts, equipment and furnishings as well as staff members and visitors who may be affected by ambient smoke.

Property [36 CFR 2.22 a.2] (2) The abandonment of property in all areas of the park is prohibited in order to protect

natural and cultural resources and for visitor safety. Visitors leaving designated trails to place and find geo-cached items cause resource damage. Geo-caching is an outdoor activity in which the participants use navigational techniques to hide and seek containers (called "geo-caches" or "caches") anywhere in the world.

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Alcoholic Beverages and Controlled Substances [36 CFR 2.35 a.3.iii.] • The consumption of alcoholic beverages and the possession of open containers of

alcoholic beverages are prohibited in designated use areas (except designated picnic areas and Cedar Point where prudent and legal use only is allowed) in order to provide visitors the opportunity to better appreciate the natural and cultural significance of the area.

Explosives [36 CFR 2.38]

Fireworks are prohibited due to the fact that use may result in a fire that might burn/harm property, resources, and/or people.

Special Events [36 CFR 2.50]

By National Park Service policy and for purposes of visitor safety and resource protection, special events are regulated through the permit process.

Public Assemblies and Meetings [36 CFR 2.51] On August 6, 2010, The US Circuit Court of Appeals for the District of Columbia issued its opinion in the case of Boardley v. United States Department of the Interior. The Court said that NPS regulations for demonstrations and the distribution of printed materials, at 36 CFR 2.51 and 2.52 were unconstitutional because they required individuals or small groups to obtain a permit before they would be able to express their First Amendment views. The new interim rule has been written to add a small group exception to the requirement for a permit to hold a demonstration or for the sale and distribution of printed matter.

Sale or Distribution of Printed Matter [36 CFR 2.52] On August 6, 2010, The US Circuit Court of Appeals for the District of Columbia issued its opinion in the case of Boardley v. United States Department of the Interior. The Court said that NPS regulations for demonstrations and the distribution of printed materials, at 36 CFR 2.51 and 2.52 were unconstitutional because they required individuals or small groups to obtain a permit before they would be able to express their First Amendment views. The new interim rule has been written to add a small group exception to the requirement for a permit to hold a demonstration or for the sale and distribution of printed matter.

Superintendents will allow the free distribution of message-bearing items to the public other than printed matter, so long as the activity occurs within an area designated as available for First Amendment activities under 36 CFR 2.51(c)(1) and otherwise complies with 36 CFR 2.52.

Examples of message-bearing items that may be distributed for free include CDs, DVDs, and other readable electronic media. Such items must be distributed free of charge, and

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individuals may not ask or demand payment or request a donation in exchange for the item, which would violate 36 CFR 5.3.

Memorialization [36 CFR 2.62]

These restrictions are established in order to ensure integrity of the natural and historic scene and to provide visitors the opportunity to appreciate the significance of the area for its intended purpose.

Speed Limits [36 CFR 4.21]

A speed limit of 15 mph provides the necessary protection for visitors and resources from vehicular traffic and is in keeping with DOT guidelines for roads within the Preserve.

Bicycles [36 CFR 4.30]

In accordance with 36 CFR 4.30, bicycles are restricted to roadways used by motor vehicles and to designated trails in order to protect natural and cultural resources within the Preserve from adverse and unsafe use.

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APPENDIX

Commercial Filming and Photography Policy

Timucuan Ecological and Historic Preserve

This policy statement provides park personnel with a general working knowledge of policies and procedures governing filming and photography activities within the Preserve. For more detailed and specific information they should consult their supervisor and NPS Director's Order 53, a copy of which is kept in the Headquarters Office.

It is the policy of the National Park Service to permit and encourage photography within the National Park System to the fullest extent possible consistent with the protection of resources and the enjoyment of visitors. However, it is also the policy of the National Park Service to manage filming and photography activities within park boundaries according to the following principles:

Natural, cultural, and recreational resources will be protected from damage and destruction.

Filming will not unduly conflict with the visiting public's use of the park.

Visitors utilizing cameras and/or recording devices for their own personal use are generally exempt from film permit requirements.

News media representatives are generally exempt in the filming of newsworthy/news-making events. However, all regulations relating to resource protection, visitor use, and safety will still apply.

The National Park Service will not censor the contents of any filming done in accordance with these principles, nor require finished film products for review, files or documentation purposes.

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With these principles in mind there exist certain requirements which may require the issuance of a permit to persons wishing to perform certain types of filming and still photography in the Preserve.

Generally, permits are not required for:

Visitors taking photographs or making videos for their own use;

News crews or sound technicians, at newsworthy or news-making events;

Still photography that does not involve product or service advertisement, or use of models, sets, or props.

Crews of five or fewer people, using only hand-held equipment, and filming during normal visitor hours in areas open to the public;

NPS filming or photography, Department of the Interior Audiovisual Center filming, or filming/photography done pursuant to a cooperative agreement or contract as defined in Director's Orders #53.

A permit will be required for commercial filming projects not meeting the above standards to ensure protection of park resources and to prevent adverse impact on surrounding communities and non-park activities. The Superintendent will be the sole person to make final determination on the issuance, denial, extension, suspension, or revocation of a permit based upon guidelines contained in Director's Orders 53.

Permit applicants and/or holders are often unfamiliar with conservation and resource protection practices. Some filmmakers or photographers may be unaware that certain projects may require a permit, user fees, an insurance certificate, and/or a performance bond. It is essential that a permit applicant and/or holder clearly understand - and comply with - the conditions that will govern the filming activities and the reasons for them.

(Note: The proposed content of a film or photography project does not in and of itself provide a sufficient basis to deny a permit request. Content only becomes a factor if the activities to be filmed, or actions necessary to support the project, violate park regulations, management policies or local laws and regulations; damage park resources; interfere with visitor use; or present a safety concern to the permit holder, visitors, or park staff.)

Filming and photography, like all other commercial park use, are privileges extended by the Service.

All physical attributes of cultural resources are, with few exceptions, nonrenewable. Projects involving degradation of artifacts or archeological sites or any other altering of cultural resources will be prohibited.

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When the Superintendent or other park staff member becomes aware that commercial filming activities are being conducted without a permit - or in violation of an issued permit's restrictions - that person will immediately contact the individual or group, suspend such activities, and explain the requirements necessary to comply with regulations.

This published policy statement - a part of the Appendix of the Superintendent's Park Compendium - may be made available to anyone who asks for a copy. Because so many variables may exist for individual permit requests, staff members are reminded to forward additional information requests to the proper park authorities.

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