Record of Determination to close Fort Sumter to unregulated private boats and visitors

March 25, 2019

Pursuant to 36 CFR § 1.5, the National Park Service (NPS) is closing visitation to Fort Sumter by unregulated private boats and visitors. Visitors may access Fort Sumter via the ferry boats run by the park concessionaire, permit, or written authorization of the Superintendent

1. The island on which Fort Sumter is located has changed over time. Now, there is a beach that is exposed at low tide. The current use of this beach includes people consuming alcohol and "partying" rather than coming to the fort for a historical visit. Consequently, there is an increase in people coming into the fort bringing sand, debris and alcohol. Alcohol is not permitted in the fort. While this beach area is not regulated by the NPS, the island on which Fort Sumter sits is under the jurisdiction of the NPS.
2. Security in the era of the active shooter requires a change from previous times. Charleston is keenly aware of the pain created by active shooters. The Mother Emanuel African Methodist Episcopal Church shooter had previously visited Fort Moultrie and documented his visit in photographs which were shared on social media. Controlling access, instead of leaving the entire island border open to anyone, unregulated, is an unacceptable risk.
3. The fort is a historic structure that has a visitor capacity in the same manner as a museum or any other building. Visitors arrive at Fort Sumter by traveling on the NPS concession-operated ferry. When the fort capacity is reached, the arrival of uncounted private boat visitors has the potential to exceed a safe capacity and create risk to resources and safety, in general.
4. The fort is an archaeological site. Visitors to the fort occasionally and illegally take artifacts, bricks, or cause damage to the resource. When no government staff is on the island, the irreplaceable resources are vulnerable. Private boat visitors have been observed taking "souvenirs" from areas where archaeological artifacts are present. These illegal actions are able to be mitigated, at times, when staff is on the island. Keeping the island open to unregulated visitation risks resource damage and visitor safety. For example, if a visitor from a private boat is injured on the rocks, there is no one is there to assist. Additionally, when staff help visitors inside the fort who arrived on the concession-operated ferry, they are not available to help unknown numbers of private boaters outside the fort.
5. The amount of pedestrian traffic coming from the low tide area where boats beach is causing increased erosion/damage to the grass area (natural resources) adjacent to the fort.
6. The dock at Fort Sumter has been closed to private boats for over a year. The dock is used by the concession-operated boats, government boats, and when needed, emergency boats. The height of ladders at the dock vary in height up to 5-6’ depending on tides. Access using these ladders is a hazard. Danger caused from congestion at the dock due to an unpredictable number of boats is an unacceptable risk to park visitors, staff, and emergency responders. When the dock was still open, government vessels were, at times, blocked by private boats using the government dock.
7. The fort will be undergoing a breakwater rehabilitation in the next few years. The rehabilitation area is in the same area visitors walk through when they beach their vessels and walk into the fort. Keeping the area open during this construction period creates unacceptable risk.

Other measures will not suffice due to the nature of this management issue. Accordingly, the National Park Service determines publication as rulemaking in the Federal Register is unwarranted Under 36 C.F.R. § 1.5(c). Finally, pursuant to 36 C.F.R. § 1.5(c), this determination is available to the public upon request.


Superintendent J. Tracy Stakely /s/ March 26, 2019