A. INTRODUCTIONThe Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level. The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public. Superintendent of Documents The National Park Service (NPS) is granted broad statutory authority under Title 54 of the United States Code (U.S.C.) § 100101(a) (formerly 16 U.S.C. § 1a-1, “Organic Act”) to:
In addition, 54 U.S.C. § 100751(a) allows the NPS, through the Secretary of the Interior, to:
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.
Additionally, 16 U.S.C. § 1c defines the National Park System as:
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on a number of small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act. As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters. NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium. A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Administrative Officer at New Bedford Whaling National Historical Park, 33 William Street. New Bedford, MA 02740. The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time. The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year. Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions. Copies of the Compendium are available at New Bedford Whaling National Historical Park 33 William Street. New Bedford, MA 02740. It may also be found at nps.gov/nebe/learn/management/compendium. B. SUPERINTENDENT’S COMPENDIUMIn accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Federal Regulations, Chapter 1 (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of New Bedford Whaling National Historical Park. This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.
This Compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print. C. DefinitionsNational Park Service regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this Compendium are defined as follows: means the limits of lands or waters administered by the National Park Service as specified by Congress, or denoted by presidential proclamation, or recorded in the records of a state or political subdivision in accordance with applicable law, or published pursuant to law, or otherwise published or posted by the National Park Service. means any area of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes. means a written authorization to engage in uses or activities that are otherwise prohibited, restricted, or regulated. means the number of persons; number and type of animals; amount, size and type of equipment, vessels, mechanical modes of conveyance, or food/beverage containers allowed to enter, be brought into, remain in, or be used within a designated geographic area or facility; or the length of time a designated geographic area or facility may be occupied. means trash, garbage, rubbish, waste papers, bottles or cans, debris, litter, oil, solvents, liquid waste, or other discarded materials. means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. means a device that is used or intended to be used for flight 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, and drones) that are used for any purpose, including for recreation or commerce.
means sidewalks, paths, trails, or hard-surfaced areas that are closed to the use of bicycles and motorized vehicles. 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: Visiting Hours:
Public Use Limits:
Closures:
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 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 for recreation or commerce. The use of unmanned aircraft within the boundaries of New Bedford Whaling National Historical Park has the potential to harm visitors, disturb wildlife, impact view sheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This prohibition is implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim prohibition will safeguard these values while the NPS considers how to address this new use on a long-term basis. NPS Management Policies (1.5) require Park Superintendents to use caution when a park is confronted with a new park use such as unmanned aircraft. This type of activity is completely foreign to the historical nature of the park. Less restrictive measures will not suffice due to the historically inaccurate presence of motorized flying objects in the vicinity of the park visitor center and sites with the noise that they may produce. Determination: The closure is in effect to maintain the historical significance of New Bedford Whaling National Historical Park, to protect the park's natural and cultural resources and to provide for public safety.
Definition: The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). Determination: The closure is in effect to maintain the historical significance of New Bedford Whaling National Historical Park, to protect the park's natural and cultural resources and to provide for public safety. Areas Designated for a Specific Use or Activity:Special uses and activities are managed through the Special Use Permit process. When applying for a permit, the applicant must specify what area of the park they would like to use for the intended special use. Each application will be handled individually. In the instance that two separate applicants are requesting use of the same area on the same day, they will be handled on a “first come, first served” basis. CCTV Policy Statement The park’s use of Closed Circuit Television (CCTV) for law enforcement and security purposes will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. (RM-9, 26.1) II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMITActivities requiring a permit are listed above under Public Use Limits and throughout this document under the specific 36 CFR Section that authorizes or requires the issuance of a permit. (f) The following is a compilation of those activities for which a permit from the superintendent is required: Special Use Permits may be obtained by accessing an application at www.nps.gov/nebe and clicking on “Reserve” on the main page, or by calling the Park at (508) 996-4095. Activities requiring a permit are listed above under Public Use Limits and throughout this document under the specific 36 CFR Section that authorizes or requires the issuances of a permit. Any activity that would otherwise violate operating hours, closures or limits listed in this compendium requires a permit. III. GENERAL REGULATIONS36 CFR §2.4 – WEAPONS, TRAPS, AND NETSIndividuals are authorized to possess, carry, and transport concealed, loaded, and operable firearms within NPS areas in accordance with applicable state and federal law. Possession of firearms is prohibited in Federally-owned or leased buildings. The law regarding discharge of firearms remains unchanged. 36 CFR §2.12 – AUDIO DISTURBANCES(a)(2) Operating a power saw in developed areas is prohibited, except pursuant to the terms and conditions of a permit. 36 CFR §2.15 – PETS(a)(1) Possessing pets in public buildings, public transportation vehicles, swimming beaches, and the following structures and/or areas is prohibited:
This subparagraph does not apply to guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing-impaired persons. 36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICESUsing roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited. Restrictions are intended to protect the health and safety of visitors. 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 is prohibited to protect park resources, reduce the risk of fire, or prevent conflicts among visitor use activities. [§2.21(a)] 36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:
36 CFR §2.37 – NONCOMMERCIAL SOLICITINGSoliciting or demanding gifts, money, goods or services is prohibited except pursuant to the terms and conditions or a permit that has been issued under §2.50, §2.51, or §2.52. 36 CFR §2.38 – EXPLOSIVES(a) Using, possessing, storing, or transporting explosives, blasting agents or explosive materials is prohibited, except pursuant to the terms and conditions of a permit. 36 CFR §2.50 – SPECIAL EVENTS(a) Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided 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. 36 CFR §2.51 -- DEMONSTRATIONS(b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph (c)(2) when the superintendent has issued a permit for the activity. See §2.51(b)(1) for permitting criteria. Demonstrations involving 25 persons or fewer may be held without a permit in designated park areas, provided that the requirements in §2.51(b) are met. The 25 person maximum for the small group permit exception may be reduced pursuant to §2.51(b)(3). (c)(2) The following locations are designated as available for demonstrations:
36 CFR §2.52 -- SALE OR DISTRIBUTION OF PRINTED MATTER(b) The sale or distribution of printed matter by more than 25 persons is allowed within park areas designated as available under §2.51(c)(2) (see above) when the superintendent has issued a permit. See §2.52(b) for permitting criteria. Sale or distribution activity by 25 persons or fewer may be conducted without a permit in designated park areas, provided that the requirements in §2.52(b) are met. The 25 person maximum for the small group permit exception may be reduced for a designated available area, pursuant to §2.52(b)(3). 36 CFR §2.62 – MEMORIALIZATION(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited. 36 CFR §4.30 – BICYCLES(a) The use of a bicycle is prohibited except on park roads, in parking areas, and on routes designated for bicycle use. Park roads and parking areas that are closed to bicycle use are listed in §1.5 of this document. e-Bikes The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). The following additional routes, in developed areas or special use zones, have been designated for bicycle use:
The closure is in effect to maintain the historical significance of New Bedford Whaling National Historical Park, to protect the park's natural and cultural resources and to provide for public safety. 36 CFR §5.1 – ADVERTISEMENTSCommercial 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. 36 CFR §5.3 – BUSINESS OPERATIONSEngaging 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. 36 CFR §5.5 – COMMERCIAL FILMING, PHOTOGRAPHY and AUDIO Recording(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR part 5, subpart A. Failure to comply with any provision of 43 CFR part 5 is a violation of this section. See 43 CFR 5.2 for provisions. (b) Audio recordings require a permit if any 36 CFR 5.5(b)(1-4) are met. All commercial filming requires a permit. Photography requires a permit if 43 CFR 5.2(b) conditions are met. Potential location fees and cost recovery fees could be required. See above “Activities that require a permit” for more information. ![]() NPS Photo Designated First Amendment Area |
Last updated: May 8, 2025