Wrangell St. Elias NP&P Regulation Excerpts

Code of Federal Regulations (CFR)

The following list of federal regulations are excerpts to assist you in understanding your responsibilities when operating in Wrangell-St. Elias National Park and Preserve. They represent those regulations we feel are most applicable to your activities in the park. However, this is not an exhaustive list and YOU ARE STILL REQUIRED TO KNOW AND FOLLOW ALL APPLICABLE REGULATIONS, INCLUDING THOSE NOT LISTED BELOW. For a complete list of all regulations – CFR Title 36 and Title 43 please visit: http://www.nps.gov/wrst/parkmgmt/lawsandpolicies.htm.

Business Operations 36 CFR 5.3
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.

Advertisements 36 CFR 5.1
Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent. Such permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the park area and such notices and advertisements are found by the Superintendent to be desirable and necessary for the convenience and guidance of the public.

Commercial Photography 36 CFR 5.5 & 43 CFR 5.1

• Motion pictures, television. Before any motion picture may be filmed or any television production or sound track may be made, which involves the use of professional casts, settings, or crews, by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent.
• Still photography. The taking of photographs of any vehicle, or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.

Special Events 36 CFR 2.50
Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed: Provided, however, there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the Superintendent.

Camping 36 CFR 2.10(b)
The following are prohibited:

• Digging or leveling the ground at a campsite.
• Leaving camping equipment, site alterations, or refuse after departing from the campsite.
• Camping within 25 feet of a water hydrant or main road, or within 100 feet of a flowing stream, river or body of water, except as designated.
• Creating or sustaining unreasonable noise between the hours of 10:00 p.m. and 6:00 a.m., considering the nature and purpose of the actor's conduct, impact on park users, location, and other factors which would govern the conduct of a reasonably prudent person under the circumstances.
• The installation of permanent camping facilities.
• Failing to obtain a permit, where required.
• Violating conditions which may be established by the Superintendent.
• Camping outside of designated sites or areas.

Food Storage 36 CFR 2.10(d)

• Definition: A bear resistant container (BRC) means an item constructed to prevent access by a bear. BRC’s include:
• Items approved by the Department of Interior and Agriculture’s Interagency Grizzly Bear Committee: http://www.igbconline.org/html/container.html
• Additional items listed by the State of Alaska, Department of Fish and Game, Division of Wildlife Conservation: http://www.adfg.alaska.gov/index.cfm?adfg=livingwithbears.bearcontainers, with the concurrence of the Superintendent;
• Items or methods approved by the Superintendent.
• Throughout the park, all food (except legally taken game) and beverages, food and beverage containers, garbage, harvested fish and equipment used to cook or store food must be stored in a bear resistant container (BRC) or secured:
• Within a hard-sided building;
• Within lockable and hard-sided section of a vehicle, vessel, or aircraft; or
• By caching a minimum of 100 feet from camp and suspending at least 10 feet above the ground and 4 feet horizontally from a post, tree trunk or other object on a line or branch that should not be able to support a bear’s weight.
• The Superintendent may, upon request, waive or modify food storage requirements in circumstances where compliance with these requirements is not possible or overly burdensome, as long as the waiver or modification is consistent with public safety and wildlife conservation interests.

Note: This provision does not apply to:

• Clean dishes and cooking equipment that are free of food odors. We strongly recommend that these items be securely stored; but clean and odor-free items are not required to be stored in secure containers.
• Food that is being transported, consumed or prepared for consumption.
• The use of bait for trapping and hunting under the provisions of state and federal law.
• Food carried by persons climbing or traveling above the tree line on snow covered terrain.

The intent of these designations is to prevent bears and other wildlife from obtaining and becoming conditioned to food and garbage, thus protecting wildlife and park visitors alike. Unapproved Ice chests and coolers, tents, dry bags or stuff sacks, plastic packing boxes (Totes, Action Packers, etc.) and unmodified kayaks are not approved as BRC. The park offers, at no charge, bear resistant containers for temporary use to the public. A refundable deposit is required, and the containers can be obtained at the park’s visitor center in Copper Center, AK.

Camping Site Time-Limits 36 CFR 13.25(b)
Camping is authorized for 14 consecutive days in one location. Camping is prohibited after 14 consecutive days in one location unless the camp is moved at least 2 miles or unless authorized by the Superintendent. A camp and associated equipment must be relocated immediately if determined by the Superintendent to be interfering with public access or other public interests or adversely impacting park resources.

Fires 36 CFR 2.13
The following are prohibited:

• Lighting or maintaining a fire, except in designated areas or receptacles and under conditions that may be established by the Superintendent.
• Using stoves or lanterns in violation of established restrictions.
• Lighting, tending, or using a fire, stove or lantern in a manner that threatens, causes damage to, or results in the burning of property, real property or park resources, or creates a public safety hazard.
• Leaving a fire unattended.
• Throwing or discarding lighted or smoldering material in a manner that threatens, causes damage to, or results in the burning of property or park resources, or creates a public safety hazard.

Fires shall be extinguished upon termination of use and in accordance with such conditions as may be established by the Superintendent. Violation of these conditions is prohibited.During periods of high fire danger, the Superintendent may close all or a portion of a park area to the lighting or maintaining of a fire.Campfires and picnic fires are authorized in all areas of the park and preserve except:

• The Headquarters/Visitor Center Developed Area
• The mill site within the Kennecott National Historic Landmark. See 13.1904-13.1906.
• In the designated boundary of the Kendesnii Campground (shown on map in Superintendent’s compendium) lighting or maintaining a fire shall be allowed only in designated camp fire rings.

Where fires are permitted, all trash (tin foil, food, glass, and cans) must be removed from the fire site after use.

Kendesnii Campground Specific Regulations 36 CFR 3.8(a)(2), 36 CFR 13.25(c)
Discharging a firearm May 1 through September 30 in the Kendesnii Campground is prohibited unless required for defense of life and property.Within the boundaries of the Kendesnii Campground, the following is the designated vessel launch and recovery site:

• Location on the west side of the designated Kendesnii Campground, at the end of the boat launch trail, an approximate 20 feet section on the Twin Lake shoreline.

Fireworks 36 CFR 2.38(b)
Using or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and conditions of a permit.

Smoking 36 CFR 2.21
All park offices and visitor facilities are closed to smoking.

Gathering of Firewood 36 CFR 13.35(c)(4)
The following is permitted:

• Gathering or collecting, by hand and for personal use only, dead wood on the ground for use as fuel for campfires within the park area.

Sanitation and Refuse 36 CFR 2.14
The following are prohibited:

• Disposing of refuse in other than refuse receptacles.
• Using government refuse receptacles or other refuse facilities for dumping household, commercial, or industrial refuse, brought as such from private or municipal property, except in accordance with conditions established by the Superintendent.
• Depositing refuse in the plumbing fixtures or vaults of a toilet facility.
• Draining refuse from a trailer or other vehicle, except in facilities provided for such purpose.
• Bathing, or washing food, clothing, dishes, or other property at public water outlets, fixtures or pools, except at those designated for such purpose.
• Polluting or contaminating park area waters or water courses.
• Disposing of fish remains on land, or in waters within 200 feet of boat docks or designated swimming beaches, or within developed areas, except as otherwise designated.
• In developed areas, the disposal of human body waste, except at designated locations or in fixtures provided for that purpose.
• In non-developed areas, the disposal of human body waste within 100 feet of a water source, high water mark of a body of water, or a campsite, or within sight of a trail, except as otherwise designated.
• The Superintendent may establish conditions concerning the disposal, containerization, or carryout of human body waste. Violation of these conditions is prohibited.

Preservation of Natural, Cultural and Archeological Resources 36 CFR 2.1
The following are prohibited:

• Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
  • Living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests.
  • Plants or the parts or products thereof (but see Preservation of Natural Features 36 CFR 13.35 below).
  • Non-fossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof.
  • Cave formation or the parts thereof.
• Possessing, destroying, injuring, defacing, removing, digging or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources is prohibited.

Inadvertent Discoveries 43 CFR 10.4
In the event that human remains, funerary objects, sacred objects, or objects of cultural patrimony are encountered, immediately cease permitted commercial activities in the area of the finds and notify the Superintendent of the discoveries as soon as is reasonable and practical. A good faith effort must be made to protect the human remains, funerary objects, sacred objects, or objects of cultural patrimony that are encountered in the course of conducting permitted commercial activities. Permitted commercial activities in the area of the finds cannot resume until the Permittee receives the express written permission of the Superintendent.

Pets 36 CFR 2.15
The following are prohibited:

• Possessing a pet in a public building, public transportation vehicle, or location designated as a swimming beach, or any structure or area closed to the possession of pets by the Superintendent. This subparagraph shall not apply to guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing-impaired persons.
• Failing to crate, cage, restrain on a leash which shall not exceed six feet in length, or otherwise physically confine a pet at all times.
• Leaving a pet unattended and tied to an object, except in designated areas or under conditions which may be established by the Superintendent.
• Allowing a pet to make noise that is unreasonable considering location, time of day or night, impact on park users, and other relevant factors, or that frightens wildlife by barking, howling, or making other noise.
• Failing to comply with pet excrement disposal conditions which may be established by the Superintendent.
• Pets or feral animals that are running-at-large and observed by an authorized person in the act of killing, injuring or molesting humans, livestock, or wildlife may be destroyed if necessary for public safety or protection of wildlife, livestock, or other park resources.
• Pets running-at-large may be impounded, and the owner may be charged reasonable fees for kennel or boarding costs, feed, veterinarian fees, transportation costs, and disposal. An impounded pet may be put up for adoption or otherwise disposed of after being held for 72 hours from the time the owner was notified of capture or 72 hours from the time of capture if the owner is unknown.

Wildlife Protection 36 CFR 2.2
The following are prohibited:

• The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.

Preservation of Natural Features 36 CFR 13.35
Gathering or collecting, by hand and for personal use only, of the following renewable resources is permitted:

• Natural plant food items, including fruits, berries and mushrooms, but not including threatened or endangered species;
• Driftwood and uninhabited seashells;
• Such plant materials and minerals as are essential to the conduct of traditional ceremonies by Native Americans; and
• Dead wood on the ground for use as fuel for campfires within the park area

Surface collection, by hand (including hand-held gold pans) and for personal recreational use only, of rocks and minerals is permitted, with the following exceptions:

• Collection of silver, platinum, gemstones and fossils is prohibited; and
• Collection methods that may result in disturbance of the ground surface, such as the use of shovels, pickaxes, sluice boxes, and dredges, are prohibited.

Grazing of Pack Animals 36 CFR 2.60(a)(3)
Grazing of pack or saddle animals by private parties, not to exceed 14 days, is authorized without a permit within the Park and Preserve. Any feed brought in must conform to the Alaska Weed Free Forage Certification Program. For more information on this certification, contact your local Soil & Water Conservation District. The Copper River Valley Soil & Water Conservation District office phone number is 907-259-5999.Grazing in support of commercial operations is only allowed under permit from the Superintendent.

Cave Management 36 CFR 1.5(a)(2), 2.1, 2.21
Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state a cave formation or the parts thereof is prohibited.Smoking is prohibited within all caves and caverns.In order to prevent spreading White-Nose Syndrome (WNS) to bats, any person entering a cave or any part or passage of any cave, except glacier ice caves, shall:

• Ensure all gear, equipment, and clothing are not contaminated with the fungus associated with WNS by either:
• Utilizing only gear, equipment, and clothing that has not been used to enter caves outside of Wrangell-St. Elias National Park and Preserve (WRST), or
• Utilizing only gear, equipment, and clothing that has been entirely disinfected in accordance with the latest approved protocols which are found at http://www.fws.gov/WhiteNoseSyndrome/caves.html. These procedures are also available at NPS visitor centers.
• Contact the Chief of Resources at [phone] at least 72 hours prior to entering a cave.

Trespassing, Tampering and Vandalism 36 CFR 2.31
The following are prohibited:

• Trespassing. Trespassing, entering or remaining in or upon property or real property not open to the public, except with the express invitation or consent of the person having lawful control of the property or real property.
• Tampering. Tampering or attempting to tamper with property or real property, or moving, manipulating or setting in motion any of the parts thereof, except when such property is under one's lawful control or possession.
• Vandalism. Destroying, injuring, defacing, or damaging property or real property.
• Harassment. Intentional or reckless harassment of park visitors with physical contact.
• Obstruction. Intentional or reckless obstruction of any sidewalk, trail, highway, building entranceway, railroad track, or public utility right-of-way, or other public passage, whether alone or with others. The mere gathering of persons to hear a speaker communicate, or simply being a member of such a gathering, does not constitute obstruction. An official may make a reasonable request or order that one or more persons move in order to prevent obstruction of a public passage, and refusal of such an order constitutes obstruction.

Interfering with Agency Function 36 CFR 2.32
The following are prohibited:

• Interference. Threatening, resisting, intimidating, or intentionally interfering with a government employee or agent engaged in an official duty, or on account of the performance of an official duty.
• Lawful Order. Violating the lawful order of a government employee or agent authorized to maintain order and control public access and movement during firefighting operations, search and rescue operations, wildlife management operations involving animals that pose a threat to public safety, law enforcement actions, and emergency operations that involve a threat to public safety or park resources, or other activities where the control of public movement and activities is necessary to maintain order and public safety.
• False information. Knowingly giving a false or fictitious report or other false information: (i) To an authorized person investigating an accident or violation of law or regulation or; (ii) on an application for a permit.
• False Report. Knowingly giving a false report for the purpose of misleading a government employee or agent in the conduct of official duties, or making a false report that causes a response by the United States to a fictitious event.

Report of Injury or Damage 36 CFR 2.33
A person involved in an incident resulting in personal injury or property damage exceeding$300, shall report the incident to the Superintendent as soon as possible. Failure to report an incident is prohibited.

Violation of U. S. Coast Guard Regulations 36 CFR 3.2
In addition to the regulations contained in this part, the NPS adopts applicable laws and regulations of the United States Coast Guard.

Commercial Float Trip Equipment Requirements 33 CFR Part 175

• No person may use a recreational vessel unless at least one PFD of the following types is on board for each person:
  • Type I PFD;
  • Type II PFD; or
  • Type III PFD.
• No person may use a recreational vessel 16 feet or more in length unless one Type IV PFD is on board in addition to the total number of PFDs required in paragraph (a) of this section.
• No person may operate a recreational vessel under way with any child under 13 years old aboard unless each such child is either:
• Wearing an appropriate PFD approved by the Coast Guard; or
• Below decks or in an enclosed cabin.

Construction of Buildings, Roads, Trails, Airstrips or Other Facilities 36 CFR 5.7
Constructing or attempting to construct a building, or other structure, boat dock, road, trail, path, or other way upon across, over, though, or under any park areas, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States, is prohibited.Maintenance of established landing strips utilizing non-motorized hand tools is not considered construction or repair and no permit is required.

Firearms Prohibited in Federally Owned Buildings 36 CFR 2.4 (a)(2)(i)
Individuals are authorized to possess firearms in NPS areas in accordance with applicable state and federal law. With the exception of public use cabins, possession of firearms is prohibited in Federally owned or leased buildings. The laws regarding discharge of firearms remain unchanged.

Access for Recreational Purposes (not applicable to subsistence or access to inholdings)43 CFR 36.11, 36 CFR 2.17 (e), 36 CFR 3.8 (1), 36 CFR 4.10(a)

• The use of snowmachines (during periods of adequate snow cover and frozen river conditions) for traditional activities (where such activities are permitted by ANILCA or other law) and for travel to and from villages and home sites and other valid occupancies is permitted.

Adequate snow cover shall mean snow of sufficient depth, generally 6-12 inches or more, or a combination of snow and frost depth sufficient to protect the underlying vegetation and soil.

• Motorboats may be operated on all area waters.
• The operation or use of hovercraft or airboats is prohibited.
• The use of non-motorized surface transportation such as domestic dogs, horses and other pack or saddle animals is permitted.
• Fixed-wing aircraft may be landed and operated on lands and waters within WRST. The operation of aircraft resulting in the harassment of wildlife is prohibited.

Salvaging, removing, possessing or attempting to salvage, remove or possess any downed aircraft or component parts thereof is prohibited, except in accordance with a removal procedure established under this paragraph and as may be controlled by the other laws and regulations.

• The use of a helicopter in any area other than at designated landing areas pursuant to the terms and conditions of a permit is prohibited.
• The use of off-road vehicles (ORV) in locations other than established roads and parking areas is prohibited, except on designated routes, pursuant to a valid permit.

ORVs may be operated on existing trails pursuant to a permit issued under 43 CFR 36.11(g)(2). Existing trails where ORVs may be operated are shown on a map available at park headquarters in Copper Center or the Slana Ranger Station. Pneumatic tired vehicles and tracked vehicles are authorized. Recreational ORVs may not be operated in designated wilderness. These designations and restrictions do not apply to subsistence use of ORVs traditionally used for subsistence activities.

• Operating a motor vehicle is prohibited except on park roads, in parking areas and on routes and areas designated for off-road motor vehicle use.

The use or possession of domestic goats or sheep, including as pack animals, is prohibited. Use of llamas, alpacas, or any other domestic animal of the Camelidae or Bovidae Family as pack animals requires written authorization from the Superintendent.

Obstruction of Airstrips 36 CFR 13.20
A person may not place an object on the surface of an airstrip that, because of its nature or location, might cause injury or damage to an aircraft or person riding in the aircraft.A person may not dig a hole or make any kind of excavation, or drive a sled, tractor, truck, or any kind of vehicle upon an airstrip that might make ruts, or tracks, or add to an accumulation of tracks so as to endanger aircraft using the airstrip or persons riding in the aircraft.

Salvage of Downed Aircraft 43 CFR 36.11
The owners of any aircraft downed after December 2, 1980, shall remove the aircraft and all component parts thereof in accordance with procedures established by the appropriate Federal agency.In establishing a removal procedure, the appropriate Federal agency is authorized to establish a reasonable date by which aircraft removal operations must be complete and determine times and means of access to and from the downed aircraft.The appropriate Federal agency may waive the requirements of this paragraph upon a determination that the removal of downed aircraft would constitute an unacceptable risk to human life, or the removal of a downed aircraft would result in extensive resource damage, or the removal of a downed aircraft is otherwise impracticable or impossible.

Violation of FAA regulations 36 CFR 2.17(d)
The use of aircraft shall be in accordance with regulations of the Federal Aviation Administration. Such regulations are adopted as a part of these regulations.

Public Use CabinsEmergency Use of Cabins 36 CFR 13.124
During an emergency involving the safety of human life, a person may use any cabin designated by the Superintendent for official government business, general public use or shared subsistence use. The person shall report such use to the Superintendent as soon as is practicable.

Commercial Use of Cabins in Wilderness Areas 36 CFR 13.176 (c)
A cabin or other structure located in a designated wilderness area may not be designated, assigned or used for commercial purposes, except that designated public use cabins may be used in conjunction with commercial guided visitor services, but not to the exclusion of the general public.

Designated Cabins for General Public Use 36 CFR 13.176 (c)
Reservations are required at the following public use cabins and may be made year round:

• Esker Stream: at recreation.gov
• Nugget Creek: at e-mail us
• Caribou Creek Cabin: at e-mail us
• Viking Lodge: at e-mail us

Cabins available for public use that do not require a reservation include:

• May Creek
• Jakes Bar
• Peavine 1
• Peavine 2
• Orange Hill
• Too Much Johnson
• Solo Mountain
• Chelle Lake
• Huberts Landing
• Glacier Creek

The following conditions apply to use of all public use cabins:

• Use of any single designated public cabin shall not exceed seven days in a 30-day period without a permit from the Superintendent.
• All food and personal items brought to the cabin must be removed after use.

Kennecott Specific RegulationsKennecott National Historic Landmark 36 CFR 13.1904
A map showing the boundaries of the KNHL is available at the park visitor center. The following activities are prohibited within the KNHL:

1. Entering closed structures or passing beyond barricades;
2. Entering mine tunnels and other mine openings;
3. Camping in or on any historic structure; and
4. Camping within the mill site of the KNHL. The mill site consists of the collection of buildings clustered around the mill building on both sides of National Creek. For purposes of this subpart, the mill site is the area bounded by Bonanza Creek to the north, the Kennicott Glacier to the west, the 2,200 foot contour line to the east, and Sweet Creek to the south. The mill site is depicted on a map available at the park visitor center; and
5. Lighting or maintaining a fire within the mill site as defined in paragraph (d) of this section.

Discharging a firearm on federal lands from May 1 through September 30 within the mill site as defined in 13.1904(d) is prohibited unless required for defense of life or property.