Haleakala Superintendent's Compendium

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Haleakala Superintendent’s Compendium

Designations, Closures, Permit Requirements and other restrictions imposed under Discretionary Authority of the Superintendent

In accordance with the regulations and the delegated authority provided in
CODE OF FEDERAL REGULATIONS TITLE 36, CHAPTER 1, Parts 1-7

As authorized by
Title 16, UNITED STATES CODE, Section 3,

The following regulatory provisions are established for the management, protection, government and public use of those areas of Haleakala National Park under the jurisdiction of the National Park Service.

Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in Title 36, CFR, Chapter 1, parts 1-7.

APPROVED: _____signed by Marilyn H. Parris__10-11-07_

INTRODUCTION

The purpose of the compendium is to provide the public and park with a document that lists the special designations, closures, public use limits, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent.

The Superintendent’s authority to implement these provisions is found in Title 36, Code of Federal Regulations, and Section 1.5(a). The compendium is available to the public upon request.

The Superintendent’s Compendium will be reviewed and updated annually to ensure adequate protection of park resources, provide for public safety and for the enjoyment of public use.

It is the intent of this compendium, in conjunction with park brochures, maps, signs and other media, to help provide an understanding of the regulations set forth and to ensure compliance with these regulations.

The provisions found in this compendium constitute only one of many tools designed to manage and protect Haleakalä National Park. It is important to utilize this document in conjunction with Title 36, Code of Federal Regulations, which includes the full text of National Park Service regulations, including those authorizing the provisions outlined in this compendium. Chapter 1, parts 1 through 7, of Title 36, include sections addressing resource protection, public use, recreation, boating, vehicles and traffic safety, commercial operations, and special regulations. These regulations are applicable on all federally owned lands and waters within the boundaries of Haleakalä National Park and on lands and waters under the administrative control of the National Park Service. In addition, certain regulations found within Title 36 are applicable on non-federally owned lands under the legislative jurisdiction of the United States.

This Compendium will be posted on the Park’s web site at www.nps.gov/hale. Interested parties may also wish to review the Haleakalä National Park planning documents including the General Management Plan (1995), Resource Management Plan (1999), and DRAFT Commercial Services Plan.

Any questions or requests for additional information should be addressed to the Superintendent’s office. Questions and comments are welcome and should be addressed to:

Superintendent

Haleakalä National Park

P.O. Box 369

Makawao, HI 96768

TABLE of CONTENTS

INTRODUCTION

TABLE OF CONTENTS

36 CFR PART 1 – GENERAL PROVISIONS

Section 1.4 Definitions

Section 1.5 Closure & Public Use Limits

Section 1.6(c) Permits

36 CFR PART 2 – RESOURCE PROTECTION, PUBLIC USE & RECREATION

Section 2.1 Preservation of Natural, Cultural, & Archeological Resources

Section 2.2 Wildlife Protection

Section 2.3 Fishing

Section 2.4 Weapons, Traps, and Nets

Section 2.10 Camping and Food Storage

Section 2.11 Picnicking

Section 2.13 FiresSection 2.14 Sanitation and Refuse

Section 2.15 Pets

Section 2.16 Horses and Pack Animals

Section 2.17 Aircraft and Air Delivery

Section 2.19 Winter Activities

Section 2.20 Skating, Skateboards and Similar Devises

Section 2.21 Smoking

Section 2.22 Property

Section 2.23 Recreation Fees

Section 2.35 Alcoholic Beverages and Controlled Substances

Section 2.37 Noncommercial Soliciting

Section 2.38 Explosives

Section 2.50 Special EventsSection 2.51 Public Assemblies, Meetings

Section 2.52 Sale or Distribution of Printed Matter

Section 2.60 Livestock use and Agriculture

Section 2.61 Residing on Federal Land

Section 2.62 Memorialization

36 CFR PART 3 – BOATING AND WATER USE ACTIVITIES

Section 3.4 Accidents

Section 3.6 Prohibited Operations

Section 3.21 Swimming and Bathing

Section 3.23 SCUBA Diving and Snorkeling

36 CFR PART 4 – VEHICLES AND TRAFFIC SAFETY

Section 4.2 State Law Applicable

Section 4.21 Speed Limits

Section 4.30 Bicycles

Section 4.31 Hitchhiking

36 CFR PART 5 – COMMERCIAL AND PRIVATE OPERATIONS

Section 5.5 Commercial Photography

Section 5.6 Commercial Vehicles

36 CFR PART 7 – SPECIAL REGULATIONS

APPENDICES

Appendix “A"

Appendix “B"

Appendix “C"

36 CFR PART 1 – GENERAL PROVISIONS

36 CFR Section 1.4 – Definitions /Glossary

NPS - National Park Service

HALE - Haleakalä National Park

CFR - Code of Federal Regulations

GMP - General Management Plan

Commercial Group – Any for-fee tour group (including tour guide/operator).

Commercial Services – Activities or services conducted within the park by private parties for which a fee is charged.

“Crater” – All areas that fall within the interior depression zone of the highest elevation of the rim crest of Haleakalä to the elevation decrease of the Kaupö Trailhead.

Headquarters VC – The designated Visitor Center building located at approximately 7000ft. on the Haleakalä National Park Road.

HQVC – Headquarters Visitor Center

Haleakala VC- The designated Visitor Center building located at approximately 10,000ft. on the Haleakalä National Park Road.

HVC – Haleakalä Visitor Center

Hosmer Campground – That area of Haleakalä National Park located of off the park main road near the Ahinahina Entrance Station which has been designated by the Superintendent for camping.

Haleakalä National Park Road– The historic road built to get park visitors to and through the National Park that runs from the end of State Highway 378 “Crater Road”, at the park boundary near the Ahinahina entrance station, to the top of the volcano at the NPS’ Summit Observatory at Pu’u Ulaula.

Mahi’ai ‘o Kapahu (Kapahu Farm) – designated special use area for traditional native Hawaiian land use within Kïpahulu Area of the Park

MOU – Memorandum of Understanding

MOA – Memorandum of Agreement

GA - General Agreement

Kïpahulu VC – The designated Visitor Center building located within the Kïpahulu Area (district) of Haleakalä National Park off of Rt. 31.

KVC – Kïpahulu Visitor Center

Kïpahulu Campground – That area of Haleakalä National Park located in Kïpahulu off of Rt. 31 designated by the Superintendent for camping.

Off Road Travel– Travel off of the stabilized surface of a roadway not indicated as a county, State or NPS maintained public road.

Off Trail Travel – Travel off of a designated trail maintained by Haleakalä National Park or within Haleakalä National Park.

Pack Animals – Horses, mules, burros, any animal from the cameloid family, or other hoofed mammals when designated as approved “pack” animals by the Superintendent.

Park Waters - All waters and submerged lands within the boundaries of Haleakalä National Park.

*Note:

Additional definitions and terms applicable to restrictions, prohibitions, and conditions are found in Section 1.4, Title 36 of the Code of Federal Regulations and in approved planning documents.

36 CFR Section 1.5 - Closure and Public Use Limits

General:

• The Superintendent may temporarily close Haleakalä National Park roadways, parking areas, facilities, waters, and all or portions of the park when such are deemed necessary to ensure public safety, protection of resources, or the avoidance of visitor use conflicts. The posting of signs, maps, media announcements, and the use of barricades and/or gates will identify such closures.

• The Superintendent may temporarily prohibit swimming and snorkeling at designated locations when conditions make such activities unsafe for the public or when such activities would threaten park resources.

• Visitor and employee parking areas will be so designated by NPS approved signage. Park employees will park in designated areas and shall make every attempt not to interfere with public parking. Visitor’s vehicles are prohibited in “service” and employee housing areas unless escorted by an appropriate employee responsible for safety and security of park facilities and staff.

• General road access to Haleakalä National Park is open to the public during daylight hours, 365 days a year. The Headquarters Visitor Center hours of operation are generally daily, 8AM – 4PM. The Haleakalä Visitor Center hours of operation are generally daily, Sunrise to 3PM. The Kïpahulu Visitor Center hours of operation are generally daily, 9AM – 5PM (days and times of operation are subject to change per discretion of the Superintendent)

Road Closures:

All roads and service roads are closed to public use with the exception of:

§ Maui County Highways 31 & 36, through the Park

§ Haleakalä National Park Road, also known as Park Road, from the Park boundary at Mile Marker 10 to the summit, including its pullouts, parking areas and their access roads.

§ The parking areas at the Kïpahulu Visitor Center and campsites.

§ Hosmer Grove Road and parking area

§ The access roads to Kalahaku Overlook, Kïpahulu Campground.

Off-Trail Travel Closure:

· All areas of the Park are closed to off-trail travel. Closures are designated to protect critical ecosystems, including threatened and endangered species habitat.

· Travel is permitted on areas posted as "unmaintained trail" or "service trail", but is not encouraged.

· An exception allowing off-trail travel is granted for rights of way, easements, special use permits as appropriate. Off-trail foot travel through the Park for lawful access to private lands not otherwise practically accessible (such as access to private lands at 8500' elevation) is permitted. Such exceptions are granted subject to meeting the terms and conditions of other applicable permits, e.g., collecting permits, firearms permits, etc.

*Note:

Trail is defined as those areas posted, signed, and/or delineated by features maintained as walkways for public use and/or included in Park publications.

Group Size Limits:

A group size limit of 12 applies to all camping, hiking, and horseback uses and to all backcountry wilderness area uses. An exception to this limit applies to National Park Service sponsored/organized/led hikes. The latter will not exceed 25 plus guide(s) without the Superintendent's permission. Additionally, the Superintendent may occasionally grant exceptions when a group may be accommodated without undue impacts on Park resources and values.

Public Nudity:

All public areas of Haleakalä National Park are closed to public nudity. Nudity is defined as the state of being unclothed or undraped exposing areas of the body that would be covered by an ordinary bathing suit.

Glass Containers and Glassware:

Glass containers and glassware are prohibited within 100 feet of any stream.

Bicycle Use Areas/Routes:

Bicycle riding is limited to the Kïpahulu parking lot and campground road & Hosmer Grove campground & access road, unless specifically authorized under terms and conditions of a Special Use Permit or under the limits of a Commercial Use Authorization issued by the Superintendent in order to temporarily curtail other traffic to accommodate the safety of the cyclists on a park road.

Passenger carrying busses:

Engines must be shut down when vehicles are not underway.

Balloons:

Party balloons are prohibited in any area within Haleakalä National Park.

Food and Drink:

• Food and drink are prohibited in all visitor centers, public restrooms, and all historic buildings.
• Exception to this rule is the use of backcountry cabins where cooking and food storage is permitted.

*Note:

This does not apply to staff residences and work spaces.

Flotation Devices:

All types of flotation devices are prohibited in Haleakalä National Park streams except PFDs worn by safety and rescue workers.

Boat Launching:

Boat launching/landing of motorized watercraft is prohibited from or onto any park lands or water sources.

Management Zones:

The four primary management zones are natural, cultural, park development, and special use. The following integrates the areas described in early management documents (West Crater Rim, Kïpahulu Coastal Area, Kaupö Gap, Haleakalä “Crater” and Kïpahulu Valley) with standard zoning declarations which guide permitted uses and management actions. These zone designations coincide with those described in the 1995 revised General Management Plan/Environmental Impact Statement.

· Haleakalä “Crater” and Kïpahulu Valley Areas — Natural Zone

These localities fall into the Natural Zone category with exception of the non-wilderness cabin enclaves at Holua, Ka-palaoa, and Palikü Cabins. These enclaves are small in area and surrounded by the Natural Zone. Haleakalä “Crater” and most of Kïpahulu Valley are congressionally designated Wilderness and a portion of Kïpahulu Valley is a closed Biological Reserve sub zone.

· Kïpahulu Valley Biological Reserve Sub Zone Closure — Endangered Ecosystems Sanctuary

Portions of the upper Rainforest and Kïpahulu Valley are closed to all public entry year round for resource protection [and in accordance with Hawaiian Kapü protocols of culturally appropriate restrictions on entering the Waokele (upper rainforest).]

For the protection of endangered species, pristine rain forest, and associated high elevation bog and grassland ecosystems, these areas are shown as Appendix – “A” of the attached appendices pages.

This closure includes the principal portion of Kïpahulu Valley, extending from the vicinity of Palikea peak along the Park boundary in a westerly then northwesterly direction along the ridge line. The closure continues along the ridge line forming the western boundary of Kïpahulu Valley until it reaches Kuiki peak at approximately 7553 feet. From there, the closed area boundary follows a prominent ridge in a northerly direction to Pohaku Palahä. From Pohaku Palahä, the closed area boundary follows a northerly course to intersect the Park boundary near Pu'u Alaea. From there the closed area extends along the Park boundary east and southeast to the 1500 foot elevation. The closed area boundary then follows feral animal fence lines at or near 1500 feet elevation to Waimoku Falls. From the 1500 foot elevation near Waimoku Falls, the closed area boundary follows a southwesterly direction to the Park boundary near Pu'u Ahuula (~1320 foot elevation), then northwest to Palikea Peak.

An exception to the closure is granted in accordance with an easement for water system maintenance in the area of the Manawainui Planeze adjacent to Kaupö Gap.

· West Crater Rim Area

Although this area contains most of the Park development, the majority of the lands in this area are not impacted by development other than the Haleakalä National Park Road that switchbacks through the center of the area.

Sites delineated within the Development Zone in the West Crater Rim locality include:

§ Park Headquarters site which also encompasses housing, picnic area and firing range.

§ Hosmer Grove site which includes a campground and picnic area.

§ Maintenance Base yard and Resource Management site which includes stable and pasture, offices, lab, shop warehouse and housing, fuel pumps, parking area and fee station.

§ Water catchments site (Puu Nianiau Service Area).

§ Haleakalä National Park Road corridor including Kalahaku, Leleiwi and Halemau'u parking areas, overlooks and trail heads.

§ Utility corridors which include phone, electric and water lines.

§ Haleakalä Visitor Center site which includes the parking area and surrounding impacted area and trails which do not descend into the wilderness.

§ Pu’u Ulaula (Red Hill) site which includes the Summit Observatory building, parking area and surrounding trails and impacted area.

*Note:

The remaining West Crater Rim (land not included in the sites listed above) are included in the Natural Zone.

· Kïpahulu Coastal Area

This area extends from the ocean to approximately the 1,500 foot elevation contour. For ease of discussion lands are further categorized as being above or below Highway 31. Additionally, areas above the highway are designated “backcountry” and lands below the highway are designated “front country”.

Lands above Highway 31 are undeveloped with the exception of: Kapahu Farm shed, well and water distribution systems, park service roads and administrative facilities, foot trails, and a horse trail to Pïpïwai Overlook. The lands from the 1,500 foot elevation contour are zoned as natural. Due to the intensity of past use and existing history and archeology, the lands above Highway 31 up to the 800 foot elevation are zoned as Cultural. Kapahu Farm encompassing approximately 5 acres is a Special Use sub zone for traditional Native Hawaiian farm land use under a General Agreement (GA) between the NPS and park cooperators/partners.

· Park Development Zones:

§ The Kïpahulu Visitor Center including parking and toilet areas

§ The Kïpahulu Campground and campground access road.

§ The Base yard area which includes the helispot, bunkhouse and maintenance offices

· Cultural Demonstration Area:

Natural Zone for this area includes the coastal strand plant community and the riparian community. All other locations below the road are classified within the Cultural Zone.

*Note:

Lands below Highway 31 include interwoven Natural, Cultural, Historical and Park Development Zones.

36 CFR Section 1.6(c) – Permits

The following activities in the Park require permits. Appropriate permits are coordinated through the Ranger Operations Office and issued by the appropriate authorized Ranger, except as noted below.

· Public Use Limits (overnight backcountry use, and feral animal removal (§1.5)

· Entering closed or restricted access areas (§1.5)

· Carrying or Possession of Firearms (§2.4) Issued according to authoritative permission.

· Collection of Research Specimens (§2.5) Coordinated by Chief of Resources Management.

· Operating Power Saws in developed areas (§2.12)

· Operating a Public Address System (§2.12)

· Operating Motors or Engines in non-developed areas (§2.12)

· Removal of Downed Aircraft (§2.17)

· Special Events (§2.50)

· Public Assemblies (§ CFR 2.51)

· Sale or Distribution of Printed Matter (§2.52)

· Memorialization/Scattering of Human Ashes (§2.62)

· All Commercial Activities (filming, use of roads by commercial vehicles, business operation, construction of buildings/facilities, rights-of-way (§ Part 5) Coordinated by the Commercial and Fee Business Manager.

· Collection of other Natural Products for cultural purposes shall be in accordance with §2.1(d) by permit issued by the Superintendent through coordination with the Chief of Resource Management & Cultural Resources Manager.

*Note:

Any associated permit fees, monitoring fees, cost-recovery or filing fees and other permit conditions will be detailed by the Ranger Operations Supervisor, Commercial & Fee Business Manager or available on the Park’s web site at: www.nps.gov/HALE

36 CFR PART 2 – RESOURCE PROTECTION, PUBLIC USE & RECREATION

36 CFR Section 2.1 – Preservation of Natural, Cultural, and Archeological Resources

· Dead wood on the ground may not be collected for use as fuel for campfires within the park.

• The following conditions are in effect for walking on, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:

§ No walking on, climbing, entering, ascending or traversing of archeological or cultural resources is allowed with the exception of Native Hawaiians conducting traditional cultural practices under conditions established by the Superintendent (2.1 (a)(5).

• Hiking or pedestrian traffic is restricted to the trail tread or walkway on the following trails/walkways:

§ Hikers must stay on designated trails or walkways when such trails or walkways are provided for access and public use. Deviating off trails or walkways for any reason is prohibited.

· The following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, and/or use or consumption restrictions:

§ The following may be gathered for personal use or consumption:

1) Fruits of Vaccinium sp. (Ohelo Berries): 1 quart/person per trip

2) Fruits of Rubus hawaiiensis (Akala Berries): 1 quart/person per trip

3) Fruits of Aleurites moluccana (Kukui nuts): 1 gallon/person per trip

4) Other fruit or foliage not listed as threatened or endangered may be collected in quantities sufficient for one lei (vegetative garland) per person, e.g., palapalai fern, hoio fern, liko of ohia, etc.

§ In addition, several non-native fruits and foliage may be gathered in conjunction with the Resources Management alien plant control program. These shall include, but will not necessarily be limited to pine cones, pine trees, poha, tropical almond, mango, papaya, blackberry, thimble berry, Christmas berry, guava, java plum, bamboo, and eucalyptus. Since these plants are injurious to park ecosystems, they may be removed from the park consistent with park resources management guidelines. Removal may not be for commercial purposes/uses. Removal can take place by any non-mechanized means with the exception of standard, small, single-person, hand-operated garden-type tools. No motorized tools can be used for any removal without written authorization from the Superintendent.

· Collections of any other natural products to be used in the practice of traditional Hawaiian culture are subject to the conditions of a permit issued by the Superintendent or designee. Collection for sale or commercial purpose is prohibited, other than for use by the gathering in making handcrafted items which may be subsequently sold. The permit shall specify

1) The name or names of those person(s) collecting.

2) The specific date(s) of collection.

3) Items to be collected.

4) The location(s) authorized for collection.

5) The traditional, cultural, or religious reason for collecting.

6) The amount of the item to be collected.

7) Collection of any species that is protected under 16 USC 1531 et sep. or under state law is prohibited.

Permit issuance:

§ Permits issued in accordance with this section may be arranged for by telephone, fax, e-mail, or by mail, but must be obtained in person by at least one of the persons authorized to collect by the terms of that particular permit. Permits must be obtained during ordinary business hours: 0730 - 1600 Monday through Friday, excluding holidays.

§ The person physically obtaining the permit must accompany any other person(s) listed on that permit when in the field collecting.

§ Only those persons listed on the permit are authorized to collect natural products under its terms.

§ A permit will not be issued more than thirty (30) days before the permit is intended to go into effect. A specified collecting period will not exceed fourteen (14) days.

*Note:

The reckless destruction or disturbance of natural, cultural, and historical features as well as the violation of park laws and regulations during collection will serve as the basis for revocation of permit and possible legal action(s).

· The stapling, nailing, tying, or attaching any material to any vegetation, living or dead, or to utility poles and sign posts is prohibited

36 CFR Section 2.2 – Wildlife Protection

Public Hunting is prohibited by law within Haleakalä National Park. Since there are no native species considered to be “game” and the recent arrival of game birds and mammals would preclude a pre-contact historical, traditional or cultural Hawaiian nexus to hunting, all removal of animal species shall be as part of an approved resource management program supervised by park staff and under conditions below.

The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

• Killing of alien animals in the park is permitted only according to the guidelines of the Feral Animal Control Program. Killing of native species is not permitted.
• The Superintendent may authorize the carrying of firearms through Haleakalä National Park to adjoining lands where hunting may legally take place when another access to those lands is impractical.
• Both activities require a State of Hawaii Hunting License, and an NPS firearms permit that may be obtained at Park Headquarters.
• Viewing of wildlife with any type of artificial light is prohibited in the park.

36 CFR Section 2.3 – Fishing

· State fishing law and/or regulations apply in the park.

· Possession or use of live or dead minnows or other bait fish, amphibian, non-preserved fish eggs or roe is not permitted in the park’s fresh water areas.

36 CFR Section 2.4 - Weapons, Traps, and Nets

In accordance with §2.4(a) (1-2) weapons, traps, or nets may be carried, possessed or used at the following designated times and locations where the taking of wildlife is authorized by law in accordance with §2.2., or the taking of fish is authorized by law in accordance with §2.3:

· Except where covered by an MOA/MOU, a permit is required to possess a weapon, trap or net. The Superintendent will only issue a permit to carry or possess a weapon trap or net under the following circumstances:

§ When necessary to support approved/permitted research activities

§ To persons in charge of pack trains or saddle horses for emergency use

§ For employees, agents or cooperating officials – for official duty

§ To gain access to otherwise inaccessible private lands or waters that are contiguous to the park when other means of access are impractical or impossible.

• Park visitors are permitted/authorized to carry fishing nets of any type as long as they conform to state fishing regulations and are possessed within the time periods established by the State which allows certain fish species to be pursued.

36 CFR Section 2.10 - Camping and Food Storage

· All Haleakala Wilderness Area & backcountry overnight use requires a written permit. In the Summit Area, backcountry is defined as any area that is more than 100 yards from a paved road or the curtilage of a dwelling, house, or structure. In the Kïpahulu Area backcountry camping in not permitted. Without the express written permission of the Superintendent, backcountry camping is permitted only at the following locations and under the conditions and capacities specified below as well as on applicable permits.

§ Hölua Campsite 25 person capacity

§ Palikü Campsite 25 person capacity

· Front country campground camping is permitted in those areas designated below.

§ Hosmer Campground 50 person maximum

§ Kïpahulu Campground 100 person maximum

*NOTE:

A group size limit of 12 applies to all overnight use. See also Public Use Limits, (36 CFR 1.5)

· Camping time limitations are as follows:

§ Wilderness/Backcountry camping and cabin use: No person or party shall camp more than 2 consecutive nights in any one campsite/cabin and a maximum of 3 nights a month in Haleakalä National Park Wilderness/backcountry.

§ Hosmer Grove and Kïpahulu Campgrounds: No person or party shall camp more than 3 nights a month in either campground.

· Use of backcountry cabins is permitted only with a valid permit and payment of fees for each visitor.

• Backcountry users must haul out their own leftover food, trash, and other personal property.

36 CFR Section 2.11 - Picnicking

· Public picnicking is permitted anywhere in the Park where visitors may lawfully travel. Picnicking may not occur within any NPS residential, maintenance, service, or utility area unless the picnic is sponsored by and attended by an NPS employee or family member.

· The park recommends picnicking in designated picnic areas near Park Headquarters, at Hosmer Campground, and the Kïpahulu Visitor Center. Use of these areas helps confine problems associated with alien predator animal and insect species that follow food sources and damage native ecosystems.

36 CFR Section 2.13 - Fires

The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas or receptacles, and under the conditions noted:

· Fires are permitted only at Hosmer Grove and Kïpahulu Campgrounds and only in provided grills. Charcoal or wood burning grills and hibachis may be used at these two locations outside of a government provided grill if they provide abatement of heat exposure to adjacent flammables and provided that ash and coals are disposed of only in grills.

· Fires are prohibited in the backcountry except in cabin wood stoves and in self-contained cook stoves. Charcoal or wood burning grills and hibachis are prohibited in the backcountry.

· The following restrictions are in effect for the use of stoves or lanterns:

§ Only in campgrounds and backcountry cabins

· Fires must be extinguished according to the following conditions:

§ No heat or smoke emanating from the fire.

· High fire danger closures will be in effect as noted:

§ Smoking, open fire, and camp stove restrictions may apply in areas where drought and fuel modeling indicated high fire danger.

§ The public will be notified of such closures by appropriate media which may include signing and permit advisories.

36 CFR Section 2.14 – Sanitation and Refuse

The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited.

36 CFR Section 2.15 – Pets

· Pets are prohibited in all backcountry and wilderness areas and on all designated trails.

· Pets may not be left tied to an object in public areas.

· Pet excrement must be disposed in accordance with the following conditions:

§ Separately bagged and placed in park trash receptacles or removed from the park by the pet owner.

· Park residents may keep pets as outlined in the park’s Housing Management Plan.

· Additionally, pets may be kept by park residents under the following conditions:

§ Pets may be kept by residents if they are locally registered and comply with the "Parkwide Resident Pet Policies" as follows:

1) These "resident pet policies" apply to all residences/occupants of government housing regardless of employer.

2) Wild animal species may not be kept by park residents. Private, single occupancy homes may have one pet. In addition, aquarium and/or terrarium species and caged birds are also allowed. Pet birds must be pinioned or clipped. Any other type of pet, legally possessed under Hawaii State Law must be neutered. Species ordinarily classified as livestock: pigs, goats, cattle, horses, etc. may not be kept as pets.

3) Pets may not be kept in duplex, triplex, dormitory facilities, or other multiple occupancy (non-"family") dwellings, except where they have been converted to single occupancy units.

4) No exterior structures (cages, fences, dog runs, dog house, etc.) may be established/used without written prior approval from Superintendent.

5) The keeping of pets is a privilege that may be revoked if a pet becomes a nuisance. Revocation may be recommended by any individual(s) documenting the violation(s) and shall be only affected by a written letter from the Superintendent.

*Note:

All pets must be kept and inoculated in accordance with state and county regulations.

· Dogs

§ Dogs used for administrative purposes of park resource management in park managed hunts in accordance with the Feral Animal Removal Program are permitted in accordance with statute and federal laws and must be licensed. They may be unleashed only when hunting; at other times they must be under physical restraint.

§ Dogs used for locating native animal species as part of an NPS approved and managed resource protection program are permitted in accordance with federal laws and must be licensed and adequately controlled to prevent resource damage.

36 CFR Section 2.16 – Horses and Pack Animals

The following animals are designated as saddle and/or pack animals and are the only stock animals allowed on park trails at Haleakalä National Park:

§ Horses

§ Mules, Burros, Donkeys

· The public/non-commercial use of horses or pack animals is permitted on the following trails, routes or areas: (commercial stock use has additional limitations)

§ Halemau'u Trail

§ Sliding Sands Trail

§ Kaupö Trail

§ Kïpahulu Horse Trail from Highway 31 to the Pïpïwai Overlook

§ Maintained trails in wilderness areas

§ Service trail between Halemau'u and Hosmer Grove.

· Free-trailing or loose herding is not permitted within Haleakalä National Park.

· Other conditions concerning the use of saddle/pack animals:

§ Use of saddle/pack animals is prohibited within campgrounds, except for brief periods to facilitate packing or unpacking, within Holua and Palikü backcountry campsites.

§ Saddle/pack animals are to be placed in the corrals provided for overnight stock use at the Palikü and Holua campsites.

§ Tethering saddle/pack animals to living trees is prohibited except for periods not to exceed 10 minutes.

§ Each private or commercial group may have no more than 12 saddle/pack animals regardless of day or overnight use.

§ Excrement from stock is to be immediately cleaned from parking lots and campgrounds where it occurs and removed from the park. (It may not be placed in government trash receptacles.)

§ Horses, saddle/pack animals and other livestock are prohibited from those areas not designated for horse/saddle/pack animal use.

§ Saddle/pack animal use for administrative purposes is permitted in areas where they are ordinarily excluded. When such use is for other than emergency operations, this use will go through the park project planning and compliance process prior to the operation.

§ Riders, commercial operators, and horse owners are responsible for the removal of dead or injured stock within 72hrs.

§ Horse feed brought into the park must be sterile, e.g., palletized or as specified in a Commercial Use Authorization for a tour company.

36 CFR Section 2.17 – Aircraft and Air Delivery

The following areas have been designated pursuant to special regulations for operating or using aircraft:

§ See aviation management plan for restrictions.

· The removal of a downed aircraft, components, or parts thereof is allowed, subject to written authorizations from the Superintendent, under the following terms and conditions:

§ Before starting removal operations the owners of the aircraft or their designated representatives must present the details of their proposed removal plan to the Park Superintendent.

§ Once contacted, the Superintendent will designate the appropriate employee(s) to review the proposed removal operations. The review will include the following:

1) Past work histories of the organization(s) involved.

2) Proposed date, time, duration of the removal operation.

3) Possible impacts on park resources, facilities, visitor use, and the personal safety of all parties involved.

§ The Superintendent may require participation in the removal plan/operations of as many park employees as he/she deems necessary to insure compliance with the terms and conditions of the removal permit, safeguard park resources, minimize environmental damage, and insure the personal safety of all parties involved.

§ The additional costs associated with the assignment of park employees and/or equipment shall be paid by the owners of the aircraft and not the NPS, except for normal costs associated with the administration and operation of the park.

§ The Superintendent may modify, stop, change, or require additional actions, equipment, or personnel at any time during the removal operations based upon unforeseen circumstances. All additions and requirements to the removal plan/operation shall be borne by the owner of the aircraft and not the National Park Service.

36 CFR Section 2.19 – Winter Activities

· Skiing, snowshoeing, ice skating, inner tubing, tobogganing, and similar winter activities are prohibited.

· The towing of persons on skis, sled or other similar device by motor vehicle or snowmobile is prohibited.

36 CFR Section 2.20 – Skating, Skateboards and Similar Devices

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited.

36 CFR Section 2.21 - Smoking

The following portions of the park, and all interior portions of buildings, structures or facilities are closed to smoking:

§ Smoking is prohibited in all buildings of Haleakalä National Park, including park residences. (An exception is provided in the Housing Management Plan for non-shared housing in park residences where smoking is discouraged but permitted. In this case the other costs and stipulations of the rental agreement apply including returning carpets, drapes, etc. to a non-smoke condition.)

§ Within 20 feet of any building entrance, window or ventilation duct.

*Note:

Further smoking restrictions may be posted during periods of high fire danger.

36 CFR Section 2.22 - Property

Property may not be left unattended for periods longer than 24 hours.

*NOTE:

This is the section where the new trend of “Geocaching” would violate federal regulation when articles at the geocache site are left for over 24 hours. The superintendent may allow geocaching by listing the activity here, and setting conditions for the unattended property associated with the geocache. Requiring a permit cannot be a condition, as this regulation does not specifically authorize the issuance of permits. However, pursuant to §1.5(a), if it is necessary to establish a public use limit in order to adequately manage this activity, then a permit may be imposed.

36 CFR Section 2.23 – Recreational Fees

Recreation fees, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Entrance Fee Areas:

· The entire park is included as an recreational entrance fee area. Fees will be collected in the following areas. In the Summit Area at the ‘Ahinahina Entrance Station; in the Kïpahulu Area at the Puhala Entrance Station and when stations are closed, at Automated 24/7 Fee Vending Machines and drop boxes in the park. All special event fees payments, (i.e. bike, road races, filming) will determined in the special events/film permit process.

· The collection of recreation fees will be suspended during the following periods:

§ As determined by the Superintendent, NPS Director &/or Secretary of the Interior.

36 CFR Section 2.35 – Alcoholic Beverages and Controlled Substances

· The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

· Kïpahulu Area (park district) is closed to the possession and consumption of alcoholic beverages except for registered campers in the park campground at their designated tent or campsite.

· Alcoholic beverages are permitted by campers at campgrounds and campsites and are restricted to that immediate area only (25 feet).

· The public portions of the Haleakalä Visitor Center, Park Headquarters Visitor Center, their respective parking lots, and all roadways in and through the Park are closed to the possession and consumption of alcoholic beverages.

· The Superintendent may close the entire park to alcohol consumption during holidays and major events for public safety reasons.

36 CFR Section 2.37 – Noncommercial Soliciting

The solicitation or demand for gifts, money, goods or services requires a permit under §2.50, §2.51, or §2.52, and is subject to the terms and conditions specified therein.

*NOTE:

This section generally prohibits soliciting or demanding gifts, money goods or services except in accordance with a permit. The term “soliciting” includes asking, begging and non-verbal gestures, such as a hand out or palm up. [48 FR 30271, June 30, 1983]

§2.52 Sale or Distribution of Printed Matter

· Subject to the conditions of a permit issued by the Superintendent and to the requirements of this section, applicants may assemble, meet, distribute and/or sell printed matter within the Park in the locations designated as Appendix “B” The permit will provide the location(s), duration, removal, and clean up restrictions for each notice. Any printed notice must be approved by the Superintendent before it is distributed. Handouts which may be permitted include informational flyers and petitions.

· The following locations designated for distribution of printed matter are described as follows and shown as Appendix “B”. On occasion, any of the areas listed below may not be available due to considerations for threatened and endangered species, fire danger, safety, and other management concerns.

§ Summit Area

· Haleakalä Visitor

· CenterOn the parking lot perimeter sidewalk between the two ramps to access Haleakalä Visitor Center. Participants must maintain at least 2 feet clearance to any ramp or staircase to avoid congestion and interrupting pedestrian traffic flow.

§ Kïpahulu Area

· On maintained trail from the parking lot to the trailhead bulletin board, a distance of approximately 100 feet, and no closer than 10 feet from any trail junction or entrance.

36 CFR Section 2.38 - Explosives

· The use of explosives within Haleakalä National Park is prohibited except upon written permission from the Superintendent. Such request will fall under federal, state and county laws and regulations.

· The possession and/or use of fireworks within Haleakalä National Park are prohibited.

· Emergency signaling devices may be carried and used for emergency purposes only.

36 CFR Section 2.50 – Special Events

Permits for special events, public assemblies and for distribution of printed matter will be issued pursuant to standards established in DO-53 (Special Park Use Director’s Order)

Permit Conditions:

• The areas noted in Appendix “B” designated for special events, public assemblies and distribution of printed matter is as designated by the Superintendent.
• All public assemblies, special events, meetings, gatherings, parades, demonstrations or other public expressions of views are subject to the conditions of this regulation.
• All requests for public assemblies/special events permits must be made a minimum of 72 hours in advance and in writing.
• No more than two (2) public assemblies/special event permits will be issued for any one day.
• The maximum number of participants in a public assembly/special event will be designated in the permit by the Superintendent.
• The duration of all public assemblies/special events will be determined by the Superintendent.
• The public assembly/special event may be cancelled at the discretion of the Superintendent when emergency or potentially hazardous conditions exist
• All costs incurred by the park area as a result of a public assembly/special event will be recovered from the permit holder.

*Note:

At no time will any public assembly/special event or other gathering interfere with the safety of park staff, visitors and/or the protection of resources.

36 CFR Section 2.51 – Public Assemblies, Meetings

The National Park Service will authorize use of park land for public assemblies, meetings, demonstrations, religious activities, and other public expressions of views protected under the First Amendment of the U.S. Constitution, in accordance with 36 CFR 2.51. To ensure public safety and the protection of park resources and values, and to avoid assigning the same location and time to two or more activities, the Service may manage these activities by issuing a permit to regulate the time, location, number of participants, use of the facilities, and number and type of equipment used, but not the content of the message presented

• Locations that are available for public assemblies and other First Amendment activities, including the same and distribution of printed matter, will be so designated by the Superintendent on a map listed as Appendix “C” and in accordance with procedures and criteria found in NPS regulations (36 CFR 1.5, 1.7, 2.51, and 2.52), unless the sites are otherwise protected from public disclosure, such as sites sacred to American Indians or sites with vulnerable natural and cultural resources.

§ Public gatherings, demonstrations, distribution of literature and other public expressions of views and opinions require issuance of a permit.

§ The Superintendent shall, within two working days of receipt of application, issue a permit upon proper application.

§ There are no application fees for First Amendment activities.

§ No public assembly shall be issued for a period in excess of 7 days, provided that permits may be extended for like periods upon a new application, unless another applicant has requested use of the same location and multiple occupancy at that location is not reasonably possible.

§ The approved locations for the exercise of First Amendment rights including freedom of assembly, speech, religion or press are the paved sidewalk areas at Haleakalä Visitor Center and the associated parking area (maximum capacity of 25 persons); the lawn area between the parking lot and Park Headquarters Visitor Center (maximum capacity of 50 persons); and the lawn area between the parking lot and the Kïpahulu Visitor Center (capacity to be determined by the Safety Officer). Site plans of these locations are provided as Appendix “C”.

Conditions for the denial of a permit

A prior application for permit for the same time and place has been made that has been or will be granted and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area; or

• It reasonably appears that the event will present a clear and present danger to the public health and safety; or
• 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 the 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.”

36 CFR Section 2.52 – Sale or Distribution of Printed Matter

Permits are required for the sale or distribution of printed matter within the boundaries of Haleakalä National Park.

• The sale or distribution of printed matter may be allowed within park areas, provided that a permit to do so has been issued by the Superintendent, and provided further that the printed matter is not solely commercial advertising.
• No distribution of literature permit shall be issued for a period in excess of 14 days, provided that permits may be extended for like periods upon a new application, unless another applicant has requested use of the same location and multiple occupancy at that location is not reasonably possible.
• Literature distribution shall be confined to the First Amendment areas designated by the Superintendent and shown in the Appendix C.

*NOTE:

Printed material is defined as message-bearing textual printed material such as books, pamphlets, magazines, and leaflets. Not permitted are audio or videotapes, T-shirts, posters or other items.

36 CFR Section 2.60 – Livestock use and Agriculture

Absent a permit, the running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock of any kind in a park area for agricultural purposes is prohibited. Additionally, a permit can only be issued in the following circumstances:

· As specifically authorized by Federal Statutory Law; or

· As required under a reservation of use of rights arising from acquisition of a tract of land; or

· As designated, when conducted as a necessary and integral part of an appropriate recreational activity or required in order to maintain a historic scene.

*NOTE:

The term “livestock” means a domesticated animal that is personal property kept for commercial purposes. [48 FR 30273, June 30, 1983]

36 CFR Section 2.61 – Residing on Federal Land

Absent a permit, lease or contract, residing in park areas on other than private land, is prohibited.

36 CFR Section 2.62 – Memorialization

· Authorization from the Director of the National Park Service is required to install a monument, memorial, tablet, structure, or other commemorative installation in a park area.

· Digging or burial of ashes is prohibited. Scattering of ashes may be permitted, subject to the following requirements:

· The scattering of human ashes from lawful cremation shall be allowed in conformance with Part I of this chapter and under the following circumstances, after receiving written permission from the Superintendent.

· Requests for scattering of ashes must be made in writing to the Superintendent a minimum of two weeks in advance of the scattering date.

· Written requests for the scattering of ashes shall set forth the following:

§ Name of the applicant

§ Name of the deceased

§ Date, time and duration of the ceremony or actual scattering of the ashes

§ Number of people involved in the ceremony

§ The general location where the ashes are to be scattered

§ Any request for short term area closure to facilitate privacy

§ Any other specific details of the ceremony that would require park management attention

· Requests for the scattering of ashes shall be accompanied by a copy of the death certificate for the deceased in question, issued by the State of legal authority having lawful jurisdiction over such matters.

· The scattering of ashes within Haleakalä National Park shall be in conformance with all laws and regulations having bearing on burials and the scattering of ashes after human cremation.

· The burial of human remains or partial remains that have not been cremated is prohibited. Exception may be granted to Native Hawaiian iwi (human remains). Iwi discovered by natural or man-made means shall be permitted to be properly placed in appropriate areas of the park with approval from the Superintendent after compliance with the Native American Graves Protection and Repatriation Act (25 USC 3001).

36 CFR PART 3 – BOATING AND WATER USE ACTIVITIES

36 CFR Section 3.4 - Accidents

Haleakalä National Park recognizes the natural, cultural and historic significance of all waters with its boundaries. It is the current position of this park that recreational activities may be enjoyed within the waters of Haleakalä National Park but under no supervised or structured guidance. The personal enjoyment of these activities are at each persons own risk and not at the liability of Haleakalä National Park.

Accidents involving personal injury or damage to natural resources shall be reported to the Superintendent within 24 hours.

Accidents that require medical attention shall be investigated and an initial report made available to the Superintendent within 24 hours.

*Note:

Filing a report does not satisfy applicable United States Coast Guard, state or county accident report requirements for all waters that lead up to high water mark boundaries.

36 CFR Section 3.6 – Prohibited Operations

• Surfing, skiing, boogie boarding, kayaking, and flotation devices are prohibited on all waterways within Haleakalä National Park.
• Motorized watercraft may not be launched from or land upon the shorelines of Haleakalä National Park except during or for emergency services operations.
• No persons shall dive or jump from any bridges, rocks, trees, or other natural resources into waters within Haleakalä National Park.
• Hang gliding, paragliding, ultra light aircraft, and balloons are prohibited
• Bungee jumping, base jumping, rock climbing and rappelling is prohibited
• Kite flying is restricted to campground areas only and shall not interfere with other park visitor safety or enjoyment. The Superintendent or designee may restrict kite flying for purposes of protecting nesting shorebirds and other endangered species.

36 CFR Section 3.21 – Swimming and Bathing

• The following areas are closed to bathing: All park streams and lakes.
• No person or animal may be ‘bathed” within waters of Haleakalä National Park. The use of soaps, shampoo’s or other lathering materials is prohibited.

36 CFR Section 3.23 – SCUBA diving and Snorkeling

• SCUBA diving in not permitted within the waters of Haleakalä National Park except for emergency/rescue/recovery operations.
• Snorkeling is permitted within the park to those areas that are permissible for swimming. Snorkeling will be limited to natural breathing devices only. No mechanical devices are allowed.

36 CFR PART 4 – VEHICLES AND TRAFFIC SAFETY

36 CFR Section 4.2 – State Law Applicable

• In areas of the law not covered by Federal Statute, such as automobile traffic, 36 CFR 4.2 states that traffic and the use of vehicles within a park area are governed by State law. The NPS shall enforce Hawaii state traffic laws within the boundaries of Haleakalä National Park and other State law applicable. Assimilation of State law is necessary to ensure public safety.
• All operators of motorized vehicles shall comply with these laws and regulations as applicable. Violation of these laws and regulations are subject to warnings, fines, and imprisonment as prescribed by law.

36 CFR Section 4.21 – Speed Limits

The following speed limits are established for the routes/roads indicated:

• Haleakalä National Park Road – a historic scenic park road designed for a slow pace and maximizing park viewing, 30 miles per hour, with the exception of the 20 mph zone that transitions to a 15 mph zone at the headquarters building and at the ‘Ahinahina Entrance Station.
• Reduced speed limits within residential areas and campgrounds will assure the safety of residents and visitors alike. Speeds in these areas shall not exceed 5 MPH.

*NOTE:

This section allows the superintendent to change or modify the speed limits that are established by regulation in §4.21(a). However, changes may only be made to the speed limits of this section when it is determined that they are unreasonable, unsafe or inconsistent with the purposes for which a park area was established. The definition of a “park road” may be found at 36 CFR §1.4. The section also requires that speed limits be posted.

36 CFR Section 4.30 – Bicycles

• Bicycles are not allowed to operate on any park lands, trails, sidewalks, or parking areas except for licensed bikes on the historic Haleakalä National Park Road (aka: Haleakala Highway connection to Hwy #378 from the park boundary near MP10 to the HVC junction) where use is controlled by State traffic regulations.
• Company owned or Commercial use bicycles are prohibited unless covered by a Special Use Permit or Commercial Use Authorization.
• All-Terrain Bicycles (ATBs) and other off-road/off-highway vehicles (ORV/OHVs) are not permitted to be operated in the park
• Special Use Permits for organized special events will be authorized at the discretion of the superintendent.

*NOTE:

In §4.30(a), the decision to open routes anywhere other than on National Park Roads and parking lots (see definitions), must be based upon a written determination that such use is consistent with the protection of a park area’s natural, scenic and aesthetic values, safety considerations and management objectives and will not disturb wildlife or park resources. Only routes located in developed areas and special use zones may be designated by the superintendent, any other designation must be promulgated as special regulations.

36 CFR Section 4.31 - Hitchhiking

Hitchhiking and soliciting transportation is permitted only in the following areas. Within:

1) 100 feet of Park Headquarters

2) Haleakalä Visitor Center parking area

3) Parking area at Halemau'u Trailhead and the hitch-hiker designated pullout just below Halemau'u Trailhead.

*Note:

Hitchhiking is not permitted on roadways in and through the park except as noted above. Those wishing to catch rides from Halemau'u Trailhead are encouraged to make arrangements before they arrive at the trailhead since traffic in the parking area is limited and the nearby roadway is too narrow and winding to permit safe or legal hitchhiking. Hitchhiking is encouraged at the hitchhiking pullout, which is located directly across and below the Halemau'u parking area.

36 CFR PART 5 – COMMERCIAL AND PRIVATE OPERATIONS

6 CFR Section 5.5 – Commercial Photography

Applications will be processed on a first-come, first-served basis determined by the date a signed application is received in the Commercial & Special Park Use Office. Applications should be received no later than ten business days prior to the proposed event. Applications received less than ten business days away are accepted, though may or may not be accommodated depending upon scope and complexity of the event/project. The application fee is $100 per application and is non-refundable. Additional information and applications are available on the park website at www.nps.gov/hale under Permits.

• Written permission from the Superintendent is required for any motion picture productions, television productions (film or video) or sound tracks that involve the use of models, sets or props or if the production is requesting special considerations such as access to non-public areas of a building or the use of electrical power.
• Permitted activities must not imply or state National Park Service endorsement of the advertised product or service.

• Permittees may be required to reimburse the park for any costs incurred due to their activity, including but not limited to personnel costs and utility costs. A fee for the use of the area may be imposed subject to National Park Service policy and regulations.
• Commercial videographers, cinematographers or sound recording crews of up to two people with only minimal equipment (i.e. a camera and a tripod) working in areas open to the public are required to obtain a commercial filming permit and are subject to appropriate permit terms and conditions and cost recovery charges but are not subject to location fees.
• Photographers are required to provide proof of insurance, naming the United States of America as co-insured, and/or to secure a performance bond based on the nature of the event, the complexity of the event, the potential risk to the natural and/or cultural resources and the need to insure compliance with terms and conditions of the permit.
• Coverage of breaking news never requires a permit, but is subject to the imposition of restrictions and conditions necessary to protect park resources and public health and safety, and to prevent derogation of park values.
• The following location fees are in effect at Haleakalä National Park.

§ Motion Pictures/Videos

1) 1 -10 people $150 per day

2) 11-30 people $250 per day

3) 31-49 people $500 per day

4) Over 50 people $750 per day

• As a general rule, permits are not required for commercial or non-commercial photography, however in the following cases, a written permit from the Superintendent is required:

§ Photography that involves advertising products or services or the use of models, sets, or props.

§ Photography that could result in damage to natural or cultural resources or significant disruption to normal visitor use.

§ Photography that requires assistance from the National Park Service such as personnel assistance or electricity.

§ Photography which requests access to areas normally closed to the public.

§ Wedding photos taken by either commercial or noncommercial photographers. (Note: Wedding photos are permitted in certain areas of the park.)

• The following location fees are in effect at Haleakalä National Park:

§ Commercial Still Photography

1) 1 -10 people $ 50 per day

2) 11-30 people $150 per day

3) Over 30 people $250 per day

• Permitted activities must not:

§ Cause damage to natural or cultural resources

§ Unreasonably interfere with normal park operations, resource protection, pedestrian traffic or visitor use

§ Present a clear and present danger to public health and safety

§ Impair park resources or values.

§ Result in significant conflict with other existing uses

§ Contain an implied or stated endorsement by the National Park Service

§ Violate and other applicable Federal, State or local law or regulation.

36 CFR Section 5.6 – Commercial Vehicles

The Superintendent reserves the authority to issue and/or revoke the permission(s) granted under Commercial Use Authorization (CUA) for the operations of commercial vehicles or vehicles used for a commercial purpose within Haleakalä National Park. These permissions are subject to all federal, state and county laws and regulations.

Commercial Companies/vehicles must also have a commitment to safety not only for his/her clients, but also for all visitors and employees of Haleakalä National Park.

• Commercial companies/vehicles shall provide proof of current operating authority from:

1) Hawaii’s Public Use Commission (PUC)

2) The Department of Transportation (DOT) as applicable.

3) Proof of State Insurance Registration.

4) Certification of Motor Carrier General Order #2 (DOT) with regard to passenger limits, driver licensing requirements, and vehicle equipment.

5) County of Maui requirements for Taxi’s.

*Note:

Suspension or Revocation of PUC and/or DOT Authority: If, for any reason, the Commercial Use Authorization holders’ PUC and/or Department of Transportation authority is placed in any status other than “Active”, the CUA will be immediately suspended and the Holder will not be allowed to enter Haleakalä National Park. No prior notice of this suspension by Haleakalä National Park is necessary. After such a suspension has occurred, the Holder must apply for reinstatement of the CUA, show proof of their reinstatement by PUC and/or DOT and receive written authorization for Haleakalä National Park prior to entering the Park.

· Rules of the Road: All vehicles will comply with posted traffic regulations, including speed limits and double-yellow centerline markings. Vehicles shall take every safe opportunity to use roadside turnouts to allow faster traffic to pass. Failure to comply with traffic regulations will result in citations to the driver with possible suspension to the company.

*Note:

All additional rules and regulations for commercial vehicles can be obtained by contacting the Commercial Use Manager of Haleakalä National Park.

· All commercial vehicles that do not operate under a Commercial Use Authorization that wish to utilize Haleakalä National Park Roads to access area situated within or adjacent to park lands, must obtain a Special Use Permit from the Superintendent prior to entering the park.

§ These vehicles are subject to inspection and must be in compliance with Executive Order 13112 of 1999 – Invasive Species.

*Note:

Federal agencies shall pursue the duties set forth in this section in consultation with the Invasive Species Council, consistent with the Invasive Species Management Plan.

APPENDICIES:

Appendix “A”

Section 1.5 - Closure and Public Use limits

Research natural Area Sub Zones

Appendix “B”

Section 2.37 -Noncommercial Solicitation

Sale or distribution of printed material

Appendix “C”

Section 2.51 -Public Assemblies, Meetings

Location for assemblies, 1^st Amendment Areas

Prepared by: Kiefer Gier, Ranger Operations Supervisor