Superintendents Compendium

DE SOTO NATIONAL MEMORIAL COMPENDIUM

Contents

TITLE 36, CHAPTER I....................................................................... i

I 36 CFR §1.5 VISITING HOURS, PUBLIC USE LIMITS,
CLOSURES, AND AREA DESIGNATIONS FOR
SPECIFIC USE OR ACTIVITIES...................................1
PUBLIC USE LIMITS....................................................1
Balloons.......................................................................1
Kite Flying....................................................................1
Food and Drink............................................................1
All-Terrain Vehicles.....................................................1
Motorized Wheelchairs...............................................1
VISITING HOURS.........................................................1
Entrances.....................................................................1
Administrative Areas.................................................. 1
CLOSURES...................................................................2
Federal Holidays..........................................................2
Emergency Situations..................................................2
Unmanned Aircraft.......................................................2
Mangrove Wetland Areas.............................................2
PUBLIC HEALTH AND SAFETY ...................................2

II 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT 2

Required Permits..........................................................2

III GENERAL REGULATIONS ........................................3
36 CFR §2.1 – Preservation of Natural,
Cultural and ArcheologicalResources.........................3
36 CFR §2.10 - Camping..............................................3
36 CFR §2.11 Picnicking...............................................3
36 CFR §2.13 - Fires.....................................................3
36 CFR § 2.14 - Sanitation and Refuse.......................4
36 CFR § 2.15 - Pets....................................................4
36 CFR §2.16 – Horses and Pack Animals..................4
36 CFR § 2.20 – Wildlife Protection............................4
36 CFR § 2.20 – Skating, Skateboards and
Similar Devices............................................................4
36 CFR § 2.21 - Smoking............................................5
36 CFR § 2.22 - Property............................................5
36 CFR§ 2.32 – Interfering with agency functions....5
36 CFR§ 2.24 – Weapons, Traps, and Nets...............5
36 CFR § 2.35 – Alcoholic Beverages....................... 5
36 CFR §2.5 – Research Permits................................5
36 CFR §2.51 – Public Assemblies, Meetings........... 5
36 CFR § 2.52 – Sale or Distribution of
Printed Matter..............................................................5
36 CFR § 3.8 - Boating................................................6
36 CFR § 4.21 – Speed Limits.....................................6
36 CFR § 4.30 - Bicycles............................................6

IV FILMING……………………………………………………......6

APPENDIX A – Designated Areas for
Public Assemblies/Meetings.....................................9
APPENDIX B - Statement of Findings in
Support of Closures..................................................10

 

I. 36 CFR §1.5 VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the park, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:

PUBLIC USE LIMITS:

Balloons
All areas of the park are closed to the sale or use of helium-filled balloons.

Kite Flying
All areas of the park are closed to the sale or use of kites.

Food and Drink

Food and drink is prohibited in the Visitor Center. Drinking water in plastic or metal containers is permitted in these areas, and food may be possessed, but not consumed.
Alcohol use is prohibited in all areas of the park.

All-Terrain Vehicles

All areas of the park are closed to the use of all-terrain vehicles (ATV).As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle, designed to travel on three or more low-pressure tires.

Motorized Wheelchairs

Motorized wheelchairs shall be permitted in all public and other areas. Motorized wheelchair use will be allowed only for individuals eligible for Handicapped Vehicle license plates or similar Federal criteria.

VISITING HOURS:

Entrances

De Soto National Memorial will remain open for public use from sunrise to sunset except as noted below:

• The park Visitor Center/Museum will remain open from 9:00 am to 5:00 pm seven days a week.
• The park road and parking area will remain open to motor vehicles from 9:00 am to 5:00 pm.

Administrative Areas

The area west of the park adjacent to the public entrance, which is used for general maintenance, is closed to the general public.

CLOSURES:

Federal Holidays

The park Visitor Center/Museum will be closed New Year’s Day, Thanksgiving and Christmas Day.

Emergency Situations

During emergency situations the park may be closed for short periods of time without advance public notice. Closures may be for severe weather events, law enforcement issues, or other unforeseen circumstances.

Unmanned Aircraft

Launching, landing or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of De Soto National Memorial 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 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 copter, drones) that are used for any purposes, including recreation or commerce.

Mangrove Wetland Areas

The mangrove wetland areas are closed to protect the natural and cultural resources found within the Memorial. Visitors are required to stay on designated trails and walkways in the park in order to protect wetland areas.

II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT

Required Permit

The following is a compilation of those activities for which a permit is required from the Superintendent:

• §1.5(d) Entering closed areas.
• §2.5(a) Specimen collection.
• §2.10(a) Camping activities
• Camping will only be permitted as part of an NPS led program.
• §2.17 (a) (3) Delivering or retrieving a person or object by parachute, helicopter or other airborne means.
• §2.50(a) Special events (Weddings, group events, etc.).
• §2.51(1) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views that exceed 25 persons.
• §2.52(c) Sale or distribution of printed matter.
• §2.62 Memorialization (to include scattering of ashes).
• §4.11(a) Exceeding established vehicle load, weight, and size limit.
• §5.3 Business Operations.
• §5.5 (b) Taking of still photography of vehicles or other articles of commerce, or models for the purposes of commercial advertising.
• §7.96(b) (1) Organized sports activities, pageants, regattas, public spectator attractions, entertainment, ceremonies, and other similar events.

III GENERAL REGULATIONS

36 CFR §2.1 – Preservation of Natural, Cultural and Archeological Resources
(a)(1) Anchoring, mooring, or beaching watercraft in the park is prohibited as it may damage natural, cultural, or archeological resources.

(a)(1)(ii) Climbing of trees is prohibited.

(a)(1)(iii) Unoccupied seashells may be gathered by hand below the mean high tide mark.; shells on park property are protected and must be left undisturbed. Shells found on park property are archeological artifacts and are associated with Shaw’s Point Archaeological District.

(a)(1)(iv) The use of metal detecting, ground penetrating radar, and other forms of geophysical prospecting is prohibited on park grounds and surrounding shoreline except by permit. Any ground disturbing activity or removal of archeological material without a permit is prohibited by the Antiquities Act and the Archaeological Resources Protection Act.

(a)(4) Collecting dead wood on the ground, including driftwood, is prohibited.

(b) Hiking and walking is restricted to designated trails, walkways and beach shorelines.

(c)(1) Families or other groups may gather up to one gallon per day of sea grapes from park property for personal use.

(c)(1) The taking of the fruit of the Prickly Pear Cactus is prohibited.

36 CFR §2.10 - Camping

(a)(9) Camping of any kind; including tent, R.V., or other forms of camping; is prohibited on park property unless it is in conjunction with a program led by the National Park Service.

36 CFR §2.11 Picnicking

Picnicking is allowed in the park, open flame to prepare or heat food is prohibited. The consumption of food or beverages in the Visitor Center auditorium is prohibited.

36 CFR §2.13 - Fires

(a)(2) Public use of stoves, grills, charcoal, or other open fire is prohibited.

36 CFR § 2.14 - Sanitation and Refuse

(a)(3) Cleaning or washing seashells in public restrooms or drinking fountains is prohibited.

36 CFR § 2.15 - Pets

(a)(2) Pets must be crated, caged, restrained on a leash which shall not exceed six (6) feet,or otherwise physically constrained by the owner at all times.

(a)(3) Pets must not be left tied up unattended except in designated areas. At the North porch of the Visitor Center an area is established for 5 minutes while pet owner uses restroom facilities.

(a)(5) Pet excrement must be collected and disposed of in sealed containers or bags and placed in designated trash receptacles.

(d) Pets running at large are considered a hazard to the public and will be controlled. Unconstrained pets may be turned over to Manatee County Animal Control.

36 CFR §2.16 – Horses and Pack Animals

Horses and pack animals are prohibited in the park.

36 CFR § 2.2- Wildlife Protection

(a)(1) The taking of wildlife is prohibited.(b) Hunting and trapping is prohibited.

(d) Transporting wildlife through the park is prohibited.

36 CFR § 2.20 – Skating, Skateboards and Similar Devices

The Use of roller skates, in-line skates, skateboards, roller skis, coasting vehicles or similar devices is permitted on paved roadways and on sidewalks between the hours of sunrise to 8:00 am and from 5:00 pm to sunset.

36 CFR § 2.21 - Smoking

Smoking is prohibited in all Federal buildings (Executive Order 13058, Federal Register August 13, 1997)

36 CFR § 2.22 - Property

(b)(2) Unattended motor vehicles located in the visitor parking area after the designated closing time may be towed away at the owner of record’s expense.

36 CFR§ 2.32 – Interfering with agency functions

(a)(1), (2) Anchoring, mooring, or beaching a boat on park property (land above the mean high water mark) is prohibited except for official park programs. Unoccupied boats and other watercraft may be removed by the park or other federal, state, or local agencies.

36 CFR § 2.24 – Weapons, Traps, and Nets
Pursuant to 18 USC § 930, firearms are prohibited in federal facilities. Federal facilities are marked with signs at public entrances.

Pursuant to 54 USC § 104906, park visitors may carry firearms in the park if they are otherwise compliant with federal, state, and local laws.

Traps and nets are prohibited except as permitted by the Superintendent.

36 CFR § 2.35 – Alcoholic Beverages

(a)(3)(i) The consumption of alcoholic beverages is prohibited within the Headquarters offices, Visitor Center/Museum building, visitor parking area, picnic areas, Living History Camp, and park trails, unless permitted through a Special Use Permit.

36 CFR § 2.5 – Research PermitsTaking plants, wildlife, rocks, or minerals is prohibited except in accordance with 36 CFR Chapter 1 or the terms and conditions of a specimen collection permit pursuant to 36 CFR § 2.5(a)

36 CFR §2.51 – Public Assemblies, Meetings

(e) Public assemblies and meetings are limited to areas designated in Appendix A.

36 CFR § 2.52 – Sale or Distribution of Printed Matter

(e) Sale and distribution of printed matter is limited to areas designated in Appendix A by permit only.

36 CFR § 3.8 - Boating

See § 2.1 (a)(1) and § 2.32 (a)(1), (2) above.

36 CFR § 4.21 – Speed Limits

(d) The speed limit in the parking lot is 15 MPH on the main road and through the parking area. De Soto Memorial Hwy leading into the park is a posted 20 MPH leading up to the park’s entrance gate.

36 CFR § 4.30 - Bicycles

(d) Bicycles and “e-bikes” are prohibited on park sidewalks and trails.The term “e-bike” means any two or three wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 hp). E-bikes are prohibited where traditional bicycles are prohibited.

IV FILMING 54 U.S.C. 100905

Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.
Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3. Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity.
Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a user activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C.100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.43 CFR § 5.2 Commercial Filming

 

First Amendment and Public Demonstration Areas

NPS Map

APPENDIX A – Designated Areas for Public Assemblies/Meetings

A map identifying the location approved for public assemblies/meetings and the sale/distribution of printed matter is below. Visitor Center area: The center grass island of the Main Visitor Center public parking lot.

 

APPENDIX B - Statement of Findings in Support of Closures

The Superintendent of De Soto National Memorial has used the discretionary authority granted by Chapter I of 36 CFR §1.5(a), and established certain closures. They are actions necessary for administration of the park in concert with its enabling legislation, NPS management policies for the benefit of the resource and the visitor. Articulations of the reasons for closures are set forth in this justification.

36 CFR 1.5PUBLIC USE LIMITS
Restrictions on Balloons.
The intentional or unintentional release of gas-filled balloons presents a threat to scenic and environmental values as they return to earth. They impair wilderness character, cause a litter problem, and are ingested by wildlife, especially threatened and endangered sea turtles.

Restrictions on Kites.
The park does not have enough open space to safely fly kites. Kites pose a safety hazard for visitors and presents a threat to scenic and environmental values.

Restrictions on Food and Drink.
In the listed areas and buildings, the presence of food and drink is incompatible with other visitor uses, may create a litter problem, may cause damage to concession or natural history association items such as books, and may attract undesirable insects such as ants, inside buildings. Because of the heat and humidity in Florida and the potential for dehydration, drinking water in plastic containers is permitted in designated areas otherwise closed to food and drink.

All-Terrain Vehicles.
Current motor vehicle regulations found in 36 CFR Part 4 and state regulations do not adequately address ATV use in the park. ATV's cause significant resource damage by traveling over fragile wetlands and in many cases, they are used as a conveyance to illegally take or attempt to take park protected wildlife. Because of their design, low-pressure tires and small-sized vehicles, they can go places not accessible to other vehicles. They cause significant short and long term resource damage.

VISITING HOURS

De Soto National Memorial is managed primarily as a day use area with limited nighttime use. Concession and NPS equipment and buildings are unattended and at risk during nighttime hours. Acts of vandalism, theft and illegal forms of use occur in spite of the closure, and would be less controllable if the area were completely open.

Administrative Areas
The designated administrative areas of the park are open daily during normal business hours only. For safety and security reasons, these areas are closed to the public from 5 p.m. to 8 a.m.

Unmanned Aircraft
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 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, quadcopters, drones) that are used for any purpose, including recreation or commerce.
De Soto National Memorial is important/critical habitat for many threatened and endangered species. The use of Unmanned Aircraft disturbs wildlife and can adversely affect the feeding, breeding and sheltering of T&E species and many sensitive wildlife species which may view the aircraft as a potential threat and react accordingly. Colonial nesting birds may be flushed off their nest by the presence of an Unmanned Aircraft, exposing baby birds to predators and potentially causing a bird strike that could render the Unmanned Aircraft uncontrollable. Unmanned aircraft may also interfere with resource management activities and pose a hazard to other park operations. The use of unmanned aircraft is not compatible with the character of park lands and waters and will impact the view shed and the experience of park visitors. Less restrictive regulations on the use of unmanned aircraft will not adequately protect the T&E species and other sensitive wildlife, protect the character of designated wilderness, and ensure the protection of the wilderness experience for park visitors.
This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include disturbing visitors, creating public safety risks, disturbing wildlife, interfering with park operations, causing excessive noise, and impacting view sheds.

Mangrove Wetland Areas
Mangroves are a protected species and entering the park off-trail can damage this species.

The park also contains archeological resources found within the interior of the park.

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

(a)(1) Docking and Mooring
Many of the trees found along the coast are protected species (mangroves, sea grapes, gumbo limbos). These activities also threaten the living shoreline project that helps prevent coastal erosion. Anchoring and pulling boats on shore poses potential damage to cultural and natural resources.

(a)(1)(ii) Climbing of Trees
All trees are part of the cultural landscape and as such need protection from harm. Climbing of trees also presents a safety hazard.

(a)(1)(iii) Sea Shells
The gathering of shells that are part of archaeological sites has an adverse impact on these protected resources.

(a)(1)(iiii) Use of Metal Detectors and GPR
De Soto National Memorial is a federal and state archaeological preserve and district. The use of these items would be recognized as an intention to loot and/or remove protected artifacts. The removal of any archaeological material from the park would be subject to all penalties suffered under the Antiquities Act of 1906, the Archaeological Resources Protection Act, System Unit Resources Protection Act, and theft of government property.

(a)(1)(iv) Collection of Driftwood
Driftwood adds to the stabilization of the beach and removal of driftwood is therefore prohibited since erosion is one of the most visible impact to park resources.

(b) Restricted access for walking and hiking.
Staying in designated areas protects the natural and cultural resources of the park.

(c)(1) Sea Grapes.
The gathering of sea grapes is a traditional activity at the park. Current limitations show no adverse impact to the survival of the plant.

(c)(1) Prickly Pear Cactus.
The shell midden Prickly Pear is a protected (Threatened and Endangered) species. Removal of the fruit inhibits plant growth and exposes the thorns.

36 CFR §2.10 – Camping and Food Storage
The parks parking lot area is closed from 5pm – 7am, and grounds and trails from sunset to sunrise for visitor and resource protection. Volunteers will be authorized to use the designated RV sites while they are performing tasks that support park operations.

36 CFR §2.11 - Picnicking
Open flame possess a threat of fire to park resources. The consumption of food and beverage items increases pest and damages to park infrastructure. In order to comply with museum collections directives, the consumption of food and beverage in the Visitor Center is not authorized.

36 CFR §2.13 – FiresTo protect resources from fire hazard all forms of open fire are prohibited.

36 CFR §2.14 - Sanitation and Refuse Sand from shells clogs the drain system.

36 CFR § 2.15 – Pets
Pet owners need to be able to restrain their pet and be in control at all times due to the potential impact to cultural and natural resources as well as the general public.

36 CFR §2.16 – Horses and Pack Animals
For public and resource protection purposes, the trails are too narrow and congested for this activity.

36 CFR § 2.21 – Smoking
Smoking in public buildings is a prohibited by Federal and State laws. The areas listed (trails, boardwalks, amphitheaters, VC’s, restrooms) are sites where a cross section of visitors concentrate, where non-smokers would be in close proximity to smokers, and would be subject to the negative effects and esthetics of smoke.
36 CFR § 2.22 – Property
Vehicles left in the parking area past 5 pm represent a threat to park resources.
36 CFR§ 2.32 – Interfering with agency functions
Park personnel must have access to the coastlines of the park. Anchors or boats not maintaining a 5’ right-of-way or anchoring at high tide will interfere with official duties and block pedestrian access.
36 CFR § 2.35 – Alcoholic Beverages and Controlled Substances
The closure of consumption of alcoholic beverages is established for these areas where the publicengages in business with the government, or is participating in educational opportunities. The consumption of alcohol interferes with the appropriate use of the areas.
36 CFR § 2.52 – Sale or Distribution of Printed Matter
This area is designated for sale and distribution of printed matter, permit requirements may apply. All other areas of the park are used for walking, fishing, and solitude.
36 CFR 4.21 (b)Main Park Road.
The speed limit on De Soto Memorial Hwy leading to the park’s entrance gate is a posted 20 mph:

De Soto Memorial Hwy was designed, constructed and is maintained for a 20 mph speed limit. The road is straight and flat in most areas, and curves in the road are gentle with an even radius. Wide shoulders and adequate clearing at intersections ensure safety at driving speeds. Due to the length of the road, the distance between designated stopping areas and lack of crossroads, a speed limit of 20 mph is recommended.

1. De Soto National Memorial parking area has a posted speed limit of 15 mph As the main park entrance, many people traveling this section of the road are not familiar with the area, thus a slower speed of 15 mph will provide a safer environment. There is possibility of high foot traffic through this area, and an access road to the park headquarters and maintenance area were the movement of service vehicles and heavy equipment can present a hazard.

36 CFR § 4.30 – Bicycles
For public and resource protection purposes, the trails are narrow and congested for this activity. Trails are narrow and can be crowded; bicycles are a hazard to pedestrians on trails and sidewalks,