Superintendent Compendium

Superintendent's Compendium 2021

Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations (36 CFR), Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of El Morro National Monument. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1, Parts 1-7.

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, as required by Section 1.5(c), appear in this document as italicized print.

Approved by: Kelly Fuhrmann, SuperintendentDate 09/03/2021

 

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 monument, and the following closures are established for all or a portion of the monument to all public use or to a certain use or activity:

Visiting Hours

El Morro Visitor Center: Visiting hours of operation are usually between 0900-1700 hours (9:00 am to 5:00 pm) but subject to change seasonally. Current hours of operation are posted on the website and at the monument's visitor center and entrance signs. This area will be closed on Thanksgiving Day, December 25, and January 1.

Visitor use is limited to the developed trail system within the Monument. All portions of the Inscription and Headland Trails close one hour before the standard closing hour of operation until opening the following day. Current hours of operation are posted on the website and at the Monument's visitor center and entrance signs.

Determination: All visitors to El Morro National Monument are encouraged to initially pass through the visitor center contact area to be informed of the significance of the monument, the sensitivity of natural and cultural resources, and applicable resource-related regulations. Travelling on foot or by vehicle through closed areas will result in damage or disturbance to sensitive natural and cultural resources.

Public Use Limits

General Public Access: Access to El Morro National Monument is limited to the Visitor Center, Inscription Loop Trail and Headland Trail, picnic area, campground, and entrance road during established park hours as well as while traveling non-stop across the section of New Mexico Highway 53 Right Of Way within the Monument boundaries.

Public vehicle access and traffic to El Morro National Monument is limited to designated parking areas and established, paved roadways. Those utilizing the picnic area located directly north of the El Morro National Monument Visitor Center are required to remain on the graveled area adjacent to the picnic area during visiting hours. Pedestrian traffic beyond the Monument gate is limited to hours of operation.

Determination: Utilization of the monument outside of the general public access areas destroys the delicate natural and cultural resources such as biological soil crusts and archeological sites.

Employee Residence Area 
Access to the employee residence area is restricted to employees, the employee’s family members, and their designated guests or authorized contractors.

Determination: Due to the remote nature of El Morro National Monument and because of the need for expanded vigilance over its fragile resources, it has been deemed necessary to house employees within a NPS residence area contained within the monument's boundaries. In the interest of maintaining the privacy and safety of these employees, public visitation to this area is prohibited.

Closures

Temporary Trail Closures: Both the Inscription Loop Trail and/or the Headland Trail may be closed on a temporary basis due to adverse environmental conditions such as a rock-fall, snow conditions, or repairs/maintenance.

Determination: Conditions for temporary closure of the trails may include snow, ice, high winds, thunderstorms and lightning, presence of potentially hazardous wildlife, fire danger, or when there is a danger of rock-fall. It may also be necessary to close the trails during major maintenance and preservation activities.

Operation of Vehicles

Vehicle traffic is restricted to open maintained and designated monument roads.

Determination: Operation of vehicles off maintained and designated park roads destroys delicate natural and cultural resources such as biological soil crusts and archaeological sites.

Rock Climbing and Bouldering

Rock climbing and bouldering are prohibited anywhere within the monument.

Determination: Inscription Rock is composed primarily of Zuni Sandstone, which by its nature is extremely fragile, brittle, highly fractured, and is not considered compatible with public climbing activities. Climbing activities would place those involved (as well as those utilizing the trails directly below the cliff faces) at high risk of personal injury or death since vertical surfaces of Zuni Sandstone could fail under the weight of a climber. Climbing and or bouldering will also damage the rock surfaces and potentially threaten the irreplaceable inscriptions for which the monument was established.

El Morro pool

Swimming, snorkeling, scuba diving and fishing in the El Morro NM pool is prohibited. This includes allowing pets to drink and/or swim in the pool.

Determination: The historic El Morro Pool is a sensitive cultural and natural resource and is not an appropriate location for a recreational use, such as swimming.

Segway or Similar Device Use

The use of Segway or similar personal transportation devices by mobility impaired persons will be permitted under the following conditions:

The operation of the Segway will be limited to the following locations:

• The interior spaces of the El Morro National Monument Visitor Center normally accessible to the public.
• El Morro National Monument Visitor Center restroom facilities.
• The Inscription Loop Trail proceeding around the east side of the visitor center entrance doors on the paved disability accessible detour path, to the Inscription Loop Trail junction (where the operator will bear to the right and follow the trail in a counter-clockwise fashion). From this trail junction the operator will proceed northeast continuing the path, continuing in a counterclockwise fashion, and will proceed past the junction to the Headland Trail. From that location the Segway operator will continue to the historic El Morro pool where further operation of the Segway will cease (due to the steep grade encountered immediately past this location}, and will return to the visitor center by following their original route in reverse.
• Publicly accessible paved roads or graveled campsite areas including the main parking lot and adjacent public picnic area.

The operator of the Segway will:

• Provide authenticated documentation to staff upon initial entry at the visitor center, such as, a note from physician, disabled person vehicle registration, or National Park Service Golden Access Card to help verify the operator's status as mobility impaired.
• Wear an approved safety helmet. Segway recommends that riders wear a multi-impact helmet and there is a specific ASTM (American Society for Testing and Materials) standard for Segway helmets. A commonly manufactured bicycle-style helmet will meet this requirement.
• Yield the right of way to all pedestrians at all times.
• Maintain their Segway on the paved trail surface at all times.
• Not be operated at a speed exceeding 4 miles per hour (the speed of a brisk walking pace) at any time.
• Utilize extreme caution on all inclined areas of the trail, particularly when returning along theiroriginal route from the area of the historic El Morro pool back to the visitor center, where downhillgrades and winding sections of the path will be encountered.
• Be prominently marked with an international "wheelchair" type, blue and white handicappedsymbol.

Determination: Due to concentrated public visitation, varied topography and potentially congested or confined trail conditions encountered at El Morro National Monument, Segway use is limited to certain areas of the monument, generally those accessible to regular and motorized wheelchairs.Use of the Segway is specifically prohibited from use on any portion of the Headland Trail at El Morro National Monument (NM) due to the presence of numerous stairs, 200-foot drop offs, narrow and irregular trail surfaces and steep switchbacks.

Unmanned Aircraft

The launching, landing, or operating of an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of the Monument is prohibited except as approved in writing by the Superintendent.

Definition: 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 on 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, and drones) that are used for any purpose, including for recreation or commerce.

Determination: The use of unmanned aircraft is a new form of use within the National Park Service, El Morro National Monument. It has been determined by the National Park Service that the use of unmanned aircraft has the potential to cause unacceptable impacts such as harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife, to name a few. Until all impacts can be properly evaluated, it is in the best interest of El Morro National Monument to not allow the use of unmanned aircraft. If El Morro NM allowed the use of the unmanned aircraft before proper evaluation, it could result in unacceptable impacts to park resources, park values and visitor safety. This will be an interim measure unless a less restrictive measure will not suffice, and then the closure will be permanent.

The National Park Service may use unmanned aircraft for administrative purposes when appropriate and approved by the Regional Director for the park unit. These purposes may include search and rescue operations, fire operations, and scientific study.

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted: (This authority allows superintendents to impose restrictions on activities within park areas for the maintenance of public health and safety).

Filming Activities

The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:

• Outdoor filming activities involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.

The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit, if necessary, to:

• maintain public health and safety;
• protect environmental or scenic values;
•  protect natural or cultural resources;
• allow for equitable allocation and use of facilities; or
• avoid conflict among visitor use activities.

If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.

The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.

The following are prohibited:

• Engaging in a filming activity without providing advance notice to the Superintendent when required.
• Engaging in a filming activity without a permit if the Superintendent has notified the organizer inwriting that a permit is required.
• Violating a term and condition of a permit issued under this action.Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.

Determination: In Price v. Barr, Gordon Price, an independent filmmaker from Yorktown, VA, challenged the constitutionality of the commercial filming permit and fee requirements. In its decision in Price, the court acknowledged that the NPS has a substantial government interest in protecting park resources but determined that the permit requirement was not related closely enough to achieving this interest. The court objected to the fact that all commercial filming activities must obtain a permit no matter the potential for resource impacts. The court suggested that a permit requirement more closely tailored to the threat posed by high-impact filming may be acceptable. The court also held that the NPS did not have a sufficient interest to support charging location fees for commercial filming. The court issued a permanent injunction preventing the NPS from implementing and enforcing the permit and fee requirements for commercial filming.

The court in Price recognized that the NPS has a legal obligation to protect the resources within the National Park System and to provide for visitor enjoyment of the same. 54 U.S.C. § 100101. All activities in park areas – including filming even if a permit is not required – must comply with all visitor use regulations in 36 C.F.R., including but not limited to those prohibiting resource damage (36 C.F.R. § 2.1), protecting wildlife (36 C.F.R. § 2.2) or mitigating audio disturbances (36 C.F.R. § 2.12), and any restrictions on visitor use in the park’s compendium, such as restrictions on the use of unmanned aircraft systems (i.e., drones). Filming of any kind may not occur in closed areas without written authorization. Filming activities may not violate applicable laws, such as the Endangered Species Act, the Archeological Resources Protection Act, or the Wilderness Act. All filming must comply with laws protecting the NPS’s intellectual property, such as laws and regulations governing the use of the NPS Arrowhead and images of NPS employees.

 

Mask Wearing

Individuals over the age of two years must wear a mask except when actively eating or drinking, in the following locations:

• All common areas and shared workspaces in buildings owned, rented or leased by the NationalPark Service, including, but not limited to, park visitor centers, administrative offices, lodges, giftshops and restaurants.
• The following outdoor areas, when others are present, where the superintendent has determinedthat physical distancing (staying at least six feet apart) cannot reasonably be maintained:
• Outdoor areas adjacent to the visitor center; including the sidewalks, patios, and shade structures.Visitors gather to read material provided by the park outside the visitor center as they prepare for their visit and staying six feet apart may not be reasonable. Sidewalks and the visitor entrances are too narrow to allow for visitors to befurther than six feet apart while allowing for two-way traffic.
• Parking lots: Parking spaces are within six feet of each other. It is not possible to maintain sixfeet physical distancing when parking lots and spaces are full.
• Crowded trails and viewpoints: The Trails inside the monument are narrow and prohibit maintaining six feetphysical distancing, especially when passing each other or when crowded.Carrying of a mask is encouraged for events where the distance cannot bemaintained while hiking or at a viewpoint; such as at the Atsinna ruin.
• All outdoor Interpretive Programs: Interpretive programs draw large crowds and may be conducted in locations that do not allow the six feet of physical distancing that is required.

Masks must meet CDC guidelines. Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

Determination: As stated in E.O. 13991, it is the policy of the Administration to halt the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC).

On January 24, 2021, the Office of Management and Budget issued M-21-15, COVID-19 Safe Federal Workplace: Agency Model Safety Principles to provide guidance to federal agencies on implementing E.O. 13991. On January 29, 2021, the Acting Secretary of the Interior issued a memorandum entitled Protecting Our Workforce by Requiring Mask-Wearing. This memorandum reaffirmed the Administration’s commitment to an urgent, robust, and professional response to the COVID-19 pandemic. The Memorandum requires all onsite employees, contractors, and volunteers to wear a mask or face covering at all times while in Department buildings or on federal public lands when physical distancing of 6 feet or more is not possible.

The CDC has issued detailed considerations for wearing masks. Some of these considerations are summarized below;

• In addition to physical distancing and hand washing, masks are a critical step to help prevent peoplefrom getting and spreading COVID-19. When you wear a mask, you protect others as well as yourself.
• COVID-19 spreads mainly from person to person through respiratory droplets. Masks are a simplebarrier to help prevent respiratory droplets from reaching others.
• Masks can prevent the spread of the disease even when the wearer is not sick. This is because severalstudies have found that people with COVID-19 who never develop symptoms (asymptomatic) and thosewho are not yet showing symptoms (pre-symptomatic) can still spread the virus to other people.
• Masks may not be necessary when you are outside by yourself away from others, or with other people who live in your household.
• It is especially important to wear a mask indoors with people you do not live with and when you areunable to stay at least 6 feet apart because COVID-19 spreads mainly among people who are in close contact with one another.
•  Recommended masks include non-medical disposable masks, masks that fit properly (cover nose andmouth and fit snugly around the nose and chin with no large gaps around the sides of the face), masks made with breathable fabric (such as cotton), masks made with tightly woven fabric (i.e., fabrics that do not let light pass through when held up to a light source), masks with two or three layers, and masks with inner filter pockets. Novelty/non-protective masks, masks with ventilation valves, or face shields are not a substitute for the recommended masks.

Geo-caching

The creation or maintenance of a “geo-cache” containing any physical items within the Monument is prohibited. “Virtual” caches may be created and maintained if they meet the designated management conditions of the location. Conditions include consistency with park management plans such as not encouraging off-trail travel or travel in closed areas, visitor safety considerations, and the protection of resources. (Abandoning or leaving property unattended is also a violation of 36 CFR, Section 2.22(a) – Property).

Determination: The purpose of this restriction is to protect the natural, cultural and archaeological resources from damage due to geo-caching, and to preserve the landscape in as pristine a visual condition as possible.

Passenger Carrying Buses

Allowing bus engines to idle for more than 10 minutes is prohibited.

Determination: The idling of bus engines adds unnecessary exhaust fumes in the air and diminishes theenjoyment by visitors of the peace and tranquility of the park.

First Amendment Activities

Public gatherings or demonstrations including, but not limited to, religious observances or distribution of related materials may be held only in the following designated area:

• The First Amendment site is northeast of the Visitor Center (See Figure 1). All activities are to remainwithin this area and not extend further in any direction.
• This section shall not be interpreted to interfere with the rights of Native Americans as delineated inthe Native American Religious Freedom Act, nor any other applicable regulation or policy.

The following restrictions and/or conditions are in effect for the specific uses or activities:

• Implementation of a public use limit: Groups of 25 or more engaged in public gatherings ordemonstrations including, but not limited to, religious observances or distribution of related materials,must obtain a permit in accordance with the criteria and procedures of 36 CFR 1.6. Individuals orgroups of less than 25 do not need a permit but must remain within the designated area.
• Groups of 25 or more may not circumvent the permit process by breaking into smaller groups.
• Activities may include the use of hand-carried signs, but not stages, platforms, or structures.
• The use of loudspeakers or other sound amplifying devices is prohibited.
• Normal pedestrian traffic may not be impeded by activities under this section.

Determinations: In order to accommodate Freedom of Speech Activities, the Superintendent hasdesignated this area (Figure 1) where such activities may take place. Groups of 25 or more are required to obtain a permit. The Superintendent will issue permits upon request after making a determination that the requested activity will not have an adverse impact on public health and safety, environmental or scenic values, natural or cultural resources, scientific research, implementation of management responsibilities, proper allocation and use of facilities, or the avoidance of conflict among visitor use activities. The Superintendent must remain content neutral when evaluating the issuance of a permit for First Amendment activities. Use of these areas will be on a “first come, first served” basis. A group holding a permit will NOT have priority over a smaller group already in place.

 

36 CFR § 1.6 - ACTIVITIES THAT REQUIRE A PERMIT

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

§1.5(d) The following activities related to Public Use Limits:

•  After hours visitation or use

§2.4(d) Carry or possess a weapon, trap, or net.

§2.5(b) Specimen collecting, research, and some science education activities:                                                               

• Permits are available from Resources Management○
• Refer to 36 CFR §2.5 RESEARCH SPECIMENS

Note: When permits are required for scientific activities pertaining solely to cultural resources,including archeology, ethnography, history, cultural museum objects, cultural landscapes, andhistoric and prehistoric structures, other permit procedures apply and will be outlined during thepermitting process.

§2.12 Audio Disturbances:

• (a)(2) Operation of a chainsaw in developed areas
• (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
• (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51

§2.17 Aircraft & Air Delivery:

• (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne mean

• (c)(1) Removal of a downed aircraft

§2.37 Soliciting or demanding gifts, money, goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)

§2.38 Explosives

• (a) Use, possess, store, transport explosives, blasting agents

• (b) Use or possess fireworks

§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, wedding ceremony, and similar events

§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views.

§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising.

§2.62 Memorialization:

• (a) Erection of monuments (Requires approval from Regional Director

• (b) Scattering ashes from human cremation.

§5.1 Advertisements: Display, posting or distribution.

§5.3 Engaging in or soliciting any business (Requires a permit, contract or other written agreement with the United States, or must be pursuant to special regulations).

§5.4(a) Commercial transportation of passengers by motor vehicles.

§5.5 Commercial Photography/Filming:

• (a) Commercial filming of motion pictures or television involving the use of professional casts, settings, or crews, other than bona fide newsreel or news television. (See above section 1.5(a)(2) for additional information)

• (b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising

§5.6(c) Use of commercial vehicles on park area roads. (The Superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available.)

§5.7 Construction of buildings, facilities, trails, roads, path, structure, etc.

§6.9(a) Operation of a solid waste disposal site.

 

36 CFR § 2.1- PRESERVATION OF NATURAL, CULTURAL, AND ARCHEOLOGICAL RESOURCES

(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas:

The collection of dead and down wood is prohibited anywhere in the Monument.

(a)(5) The following conditions are in effect for walking, climbing, entering, ascending or traversing the listed archeological or cultural resource, monuments or statues:

All the following are prohibited:

• All public pedestrian use is restricted at all times to the Inscription Loop Trail and Headland Trail, the visitor center, campground, picnic area, and the paved, established roadways. Leaving an established trail at any time or to shortcut between portions of trail is prohibited.
• Visitation to undeveloped areas or after-hours visitation may only occur with written permission of theSuperintendent.

The following archeological sites and historic resources are open to the public, as viewed fromexisting, maintained trails and during posted visitation hours:

• Inscriptions along the Inscription Loop Trail (stops numbered 1 to 23)
• Atsinna Pueblo, on the Headland Trail
• All other archeological sites are closed to the public.

Determination: Unrestricted travel by either foot or vehicle is likely to unacceptably impact fragile resources. There are numerous documented cases on file where archeological resources have been illegally removed from their original locations or disturbed within the boundaries of El Morro National Monument by those walking off-trail through these dense archeological sites. Such disturbance or removal of artifacts damages the otherwise virtually intact archeological record and constitutes disruption to the prehistoric timeline represented at El Morro National Monument.

The historic and archeological sites listed above are open to viewing by the public. These sites are identified as being open to viewing by the public since they are 1) the primary cultural resources for which the monument was established; 2) adequately protected by allowing visitors to view them from a distance that does not threaten the sites themselves; 3) well documented and monitored regularly; and, 4) (in the case of Atsinna Pueblo) have been previously modified by visitor impacts or stabilization efforts.The undeveloped areas outside of the established roads, trail system and physical structures of El Morro National Monument contains numerous and relatively pristine archeological resources and sensitive biological soil crust.

(c)(1), (c)(2) 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, collection sites and/or use or consumption restrictions:

The gathering of any plant product or part such as fruits, berries, nuts, seeds, and mushrooms is prohibited.

Determination: Nominal quantities of these resources are in the Monument and therefore public gathering will affect the propagation of the species and deprive the natural wildlife of sustainable browse.
 

 

36 CFR § 2.2 - WILDLIFE PROTECTION

(e)The following areas are closed to the viewing of wildlife with the use of an artificial light:

The use of artificial light sources (such as spotlighting) to deliberately illuminate or view wildlife including infrared, thermal imaging, or ultra-violet (black light) devices of any kind is prohibited.

Determination: Hunting or the taking of any wildlife is prohibited by 36 CFR. Activities such as spotlighting or intentionally illuminating wildlife represent deliberate actions that cause significant disturbance to wildlife and are often associated with the illegal taking (poaching) of wildlife.

 

36 CFR § 2.3 - FISHING

Fishing is prohibited in the historic El Morro pool.

Determination: Fish have not historically been a portion of the pool's ecosystem. The introduction of fish, fish bait, and/or worms into this ecosystem, will harm the delicate balance of life in this pool

 

36 CFR § 2.4 - WEAPONS, TRAPS, and NETS

(e)A special use permit signed by the Superintendent or designee is required to transport weapons, traps, or nets across park lands in order to access inaccessible private lands.

• The carriage of firearms within the boundaries of El Morro National Monument is allowed pursuant to New Mexico State law, provided that the individual is not otherwise prohibited by law frompossessing the firearm.
• The actual USE of firearms within the Monument is PROHIBITED. Use includes aiming, sighting, orusing a scope to view wildlife.
• Firearms are prohibited in all federal facilities
• In the State of New Mexico, you must be 19 years of age to carry a firearm “open carry” and must be 21 years of age to obtain a Concealed Weapons permit and “carry concealed.”
• All other weapons, traps and nets remain prohibited to possess or use in the Monument except asauthorized by a permit in accordance with 36 CFR 2.4.

Determination: As of February 22, 2010, federal law changed to allow the carriage of firearms in National Parks and Monuments pursuant to state law. While that section of the CFR has changed, it remains prohibited to use a firearm within NPS boundaries. (Use of a firearm includes pointing, looking through an optic mounted on the firearm, display or brandishing, and the actual firing of the weapon.) Carriage of a loaded firearm through the Monument while engaged in a legal or illegal hunt outside of the Monument is not allowed as that activity meets the definition of “take.

Firearm means a loaded or unloaded pistol, rifle, shotgun or other weapon, which is designed to, or may be readily converted to, expel a projectile by the ignition of a propellant.

Weapon means a firearm, compressed gas or spring-powered pistol or rifle, bow and arrow, crossbow, blowgun, spear gun, hand-thrown spear, slingshot, irritant gas device, explosive device, or any other implement designed to discharge missiles, and includes a weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located.”

 

36 CFR § 2.10 - CAMPING and FOOD STORAGE

a)The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:

The following establish the conditions for camping:

• Overnight camping within the boundaries of the monument is restricted to the establishedcampground.
• All campsites are available on a first come, first served basis, unless specifically authorized by theSuperintendent.
• All campsites are for the express use of legitimate campers. Loitering and other non-camping relateduse is prohibited, unless specifically authorized by the Superintendent.
• The Superintendent may designate sites or areas and establish conditions for camping. Campers arerestricted to not more than two (2) vehicles per campsite and not more than eight (8) people percampsite.
• No more than two tents will be used, and the tents will be restricted to the actual confines of eachcampsite
• Those using the El Morro National Monument campground are required to remain within a distance of150 feet from the campground loop road.
• Camping by any person, party or organization during any calendar year shall not exceed 14 days,either in a single period or combined separate times.
• The length limit on all recreational vehicles utilizing campsites will be 27 feet overall. This ismeasured from the front of the truck to the end of the trailer.
• Camping is limited to the nine (9) numbered sites in the campground. Camping at the amphitheaterarea within the campground is prohibited.

Determination: The campground at El Morro National Monument is quite small (nine sites total) and receives significant yearly visitation. Damage has occurred to the surrounding natural and cultural resources and is likely to continue if camper movement and use is not restricted to specifically developed and designated areas. The design of the campground site pullouts will not practically or safely accommodate recreational vehicles longer than 27 feet without damaging adjacent resources or creating a traffic hazard.Subsection 2.10 (b)(4): Quiet hours in the El Morro National Monument Campground will be maintained between the hours of 10:00 PM (2200 hours) and 6:00 AM (0600 hours).

During these periods, the following are prohibited:

• The operation of an electrical generator
• Creating unreasonable noise that would impact Monument users

Determination: El Morro National Monument's tranquility, dark skies, and natural sounds contribute to the experience of camping. Unreasonable human-caused noise intrudes on this unique resource, detracts from the visitor experience, and could disrupt natural wildlife behavior.

Subsection 2.10 (b)(7): The filling of any water containers, tanks, or trailers at any water source at the El Morro National Monument campground for residential or commercial use external to the boundaries of El Morro National Monument is prohibited.

Determination: The domestic water supply at the El Morro National Monument campground is intended for use by visitors immediately utilizing park facilities. This water supply is limited in capacity and is not designed or intended for unrestricted use by those residing outside the monument. Private utilization of the water system may also result in a potentially hazardous backflow of tainted water from unsanitary drums, water tanks, or trailers resulting in the widespread contamination of the monument's water system.

Subsection 2.10 (d): Food, dishes, items with a scent, and trash will be stored in vehicles unless they are being actively used to prepare a meal.

Determination: Wildlife will seek food and scented items such as food if left out in the campsites. This disrupts the foraging abilities of wildlife, trains wildlife to be dependent on this food source, and can make the wildlife ill. Wildlife that becomes dependent on human food can become very aggressive in order to get the food and thus is also a danger to visitors.

(d)Conditions for the storage of food are in effect, as noted, for the following areas:

Food must be securely stored at all times, except during the actual preparation of the meal, to prevent animal access. Coolers and other food containment devices must be secured to prevent access and should be kept in vehicles, trailers, bear boxes, or other protection devices to prevent access by large mammals (bear, deer, elk, etc.)

 

36 CFR § 2.11 - PICNICKING

Picnicking (i.e. non/camping, day use) is limited to the picnic tables and associated areas directly adjacent to the RV/bus parking lot, north of the visitor center.

Visitors wishing to carry and consume food on the trail system must carry out all uneaten food and associated trash for disposal in an appropriate trash receptacle.

Determination: Trash receptacles are not provided along the trail system. Food and other trash not properly disposed of will disfigure the landscape and may encourage nuisance and/or hazardous wildlife behavior.

 

36 CFR § 2.13 - FIRES

(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:

Designated Areas

• Within the fire grills within the established picnic area

• Within the fire grills or pits within the campgroundEstablished Conditions for FiresCampfires must be attended in person by the user at all times and shall not be abandoned.

(b) Fires must be extinguished according to the following conditions:

Water and stirring must be used on the fires for extinguishing to make sure the fire is cold to the touch. No smoke showing and no heat is detected with the back of your hand.

Determination: El Morro National Monument contains seasonally flammable plant communities such as grasslands, dense stands of pinon/juniper trees and ponderosa pines. Ground fires and open fires outside of the developed fire pits in the campground create an undue risk of wildfire that would put the visiting public, park neighbors, staff, and resources in jeopardy.

 

36 CFR § 2.14 - SANITATION and REFUSE

(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is allowed under the following conditions:

• Disposal of household refuse, other than that generated by NPS employees/residents, is prohibited.

• he disposal of human body waste is restricted to developed restrooms at the Visitor Center and campground.

Determination: Due to heavy public use, all human waste will be properly disposed of in restrooms provided by the National Park Service, otherwise highly unsanitary conditions would prevail that would potentially detract from a safe, healthy, and positive visitor experience. Such conditions are not compatible with the recreational activities and opportunities available at El Morro National Monument.

 

36 CFR § 2.15 - PETS

(a)(1) The following structures and/or areas are closed to pets:

Pets are allowed on the Inscription Loop and Headland Trails provided they are on a leash, which shall not exceed 6 feet in length, and under physical control at all times. Pets are prohibited from drinking water from or entering the water of the historic El Morro pool at all times. Pets are not allowed in the visitor center, with exceptions for certified guide dogs.

(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:

Pets are not to be left unattended in a vehicle or tied to an object, at any time.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions

Owners or persons having custody or control of any animal(s) will immediately remove and dispose of excrement voided by an animal(s) under their control. Excrement will be disposed of in trash containers.

Determination: Unrestrained pets are likely to cause resource damage or possibly threaten visitors when encountered within the relatively close confines of the monument's trail system. Large animals such as mountain lions and black bears are occasionally found in the monument that could easily injure or kill pets or their owners. Diseases carried by pets can have an adverse effect on wildlife. Interaction with pets can cause wildlife to change daily patterns.The historic El Morro pool is a sensitive cultural and natural resource and could be adversely impacted by the entrance of household pets.

 

36 CFR § 2.16 - HORSES and PACK ANIMALS

(b)The use of horses or pack animals is allowed on the following trails, routes or areas

Horses and other pack animals are prohibited within the boundaries of the monument except when used for park operations or interpretive demonstrations or approved by the Superintendent for special purposes.

Determination: Horses and other pack animals may cause long-term resource damage during their passage on soft soils or while grazing on native plants. Manure from these animals may contain seeds from exotic plant species and noxious weeds that will spread, causing disruption to the natural ecosystem. Horses and other pack animals traveling in closed areas may also trample and damage sensitive archeological resources. The historic El Morro pool is a sensitive cultural and natural resource and could be adversely impacted by the entrance of horses and pack animals.

 

36 CFR § 2.17 AIRCRAFT and AIR DELIVERY

(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent through written authorization.

Request permits through the Chief Ranger’s Office.

 

36 CFR § 2.20 - SKATING, SKATEBOARDS and SIMILAR DEVICES

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:

No areas are authorized within the Monument.

Determination: The steep terrain encountered on the trail system along with the high traffic on the roadway and in the parking lots at El Morro National Monument precludes the safe use of roller-skates, in-line skates, skateboards, and similar devices.

 

36 CFR § 2.21 - SMOKING

(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted, smoking restrictions apply to all cigarettes, pipes, smoking instruments, and electronic cigarettes

• All the trails are closed to smoking

• All government buildings are closed to smoking

• Within 50 feet of fuel/paint storage areas

• Within 50 feet of propane tanks/enclosures

• At all archeological sites.

Determination: The inappropriate disposal of cigarette butts negatively impacts natural and cultural resources. The presence of burning smoking materials of any type represents a fire risk during periods of elevated fire danger.

 

36 CFR § 2.22 - PROPERTY

Property may not be left unattended for periods longer than 24 hours, except in the following areas and under the following conditions:

A permit may be obtained from the Chief Ranger’s office for property to be left longer than 24 hours in the following areas:

• All roadside and visitor center parking areas

• All NPS maintenance areas

 

36 CFR § 2.35 - ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) The following areas are closed to the consumption of alcoholic beverages and/or the possession of a bottle, can, or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken, or the contents of which have been partially removed:

• Inside visitor center and on adjacent patio/porch areas

• At all interpretive activities within NPS jurisdiction

• On all trails.

 

36 CFR § 2.38 - EXLOSIVES

(b)Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:

No areas are authorized within the Monument.

Determination: Using or possessing fireworks, firecrackers or other explosives devices is inherently hazardous, constitutes a fire hazard, and is not appropriate within a heavily visited and protected natural and cultural resource area.

 

36 CFR § 2.62 - MEMORIALIZATION

(a)The placement of memorials within the monuments is prohibited.

Determination: The placement of memorials may cause damage to sensitive natural and cultural resources. Increased human activity at such areas may promote adverse effects such as ground compaction, disruption to vehicle traffic flow, damage, or disturbance of archeological or historic heritage sites, and interference with normal patterns of wildlife behavior or movement.

(b)The scattering of human ashes from cremation is prohibited.

Determination: The scattering of human remains, or ashes can conflict with the spiritual or cultural practices of indigenous people traditionally associated with the Monument. In addition, the presence of modern remains could affect the National Park Service's ability to preserve and protect human remains that are themselves cultural resources.

 

36 CFR § 3.21 - SWIMMING and BATHING

(a)(1) The following areas are closed to swimming and bathing:

Swimming in the historic El Morro pool is prohibited.

Determination: The historic El Morro Pool is a sensitive cultural and natural resource and is not an appropriate location for a recreational use, such as swimming.

 

36 CFR § 3.23 - SCUBA and SNORKELING

(a)SCUBA diving and snorkeling is permitted in the following swimming, docking, and mooring areas under the terms and conditions noted:

Scuba diving and snorkeling in the historic El Morro pool is prohibited.

Determination: The Historic El Morro Pool is a sensitive cultural and natural resource and is not an appropriate location for a recreational use, such as snorkeling or scuba diving.

 

36 CFR § 4.21 - SPEED LIMITS

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

Unless otherwise designated, the speed limit is 15 miles-per-hour.

Determination: The Superintendent has determined that these restrictions are necessary to promote traffic and visitor safety, and to reduce wildlife mortalities caused by vehicular collisions.

 

36 CFR § 4.30 - BICYCLES

(a) Park roads – The use of a bicycle is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public.

Determination: The use of bicycles on trails is destructive to the resources. Bicycles are unsafe on the trails due to the narrow, uneven terrain with pedestrian traffic. Bicycles are unsafe on the Administrative Roads due to the potential destruction to the resources and the use of the roads by NPS vehicle use. Traditional bicycles are prohibited within our proposed Wilderness areas as established by Federal statute.

(i)(1) Electric bicycles – The use of an electric bicycle is allowed on park roads and parking lots that are otherwise open to traditional bicycles.

Determination: The use of electric bicycles on trails is destructive to the resources. Electric bicycles are unsafe on the trails due to the narrow, uneven terrain with pedestrian traffic. Electric bicycles are unsafe on the Administrative Roads due to the potential destruction to the resources and the use of the roads by NPS vehicle use. Electric bicycles are prohibited within our proposed Wilderness areas as established by Federal statute.

 

36 CFR § 4.31 - HITCHHIKING

Hitchhiking is permitted in the following areas under the conditions noted:

Hitchhiking is prohibited on all roadways within El Morro National Monument in accordance with applicable New Mexico State Traffic Statute 66-7-340.

Determination: Compliance with New Mexico State Traffic Statute 66-7-340- Pedestrians soliciting rides or business.