Superintendent's Compendium

 

 

A. INTRODUCTION

 

 

B. SUPERINTENDENT’S COMPENDIUM

In 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.

The compendium actions in this document apply in addition to all other laws that apply to the lands and waters administered by the NPS within the boundaries of New Bedford Whaling National Historical Park. These include:

  • Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found www.ecfr.gov. Click on “Title 36” and then “Chapter 1” to access 36 CFR.
  • Status codified in U.S. Code, in particular provisions in Titles 16 and 54.

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.

Please contact Superintendent’s Office if you have any questions or comments about the Superintendent’s Compendium.

 

C. Definitions

National 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:

 

 

Section I. General Regulations

36 CFR Part 1 - General Provisions

 

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:

  • Visitor Center Hours:
    • Open from 9:00 AM to 5:00 PM.
    • December 1 - April 30: Wednesday through Saturday
    • May 1 - November 30: Wednesday through Sunday
  • Holiday Closures:
    • The Visitor Center is closed on New Year’s Day, Thanksgiving Day, and Christmas Day.
  • Visitor Center Garden:
    • The garden is open daily from dawn until dusk.
  • Note on Operating Hours:
    • The operating hours of the Visitor Center and Garden may differ from those of other organizations, businesses, and buildings located within the park boundary.

Public Use Limits:

  • Corson Building Theater is limited to 55 people
  • Visitor Center is limited to 30
  • Visitor Center Garden is limited to 60 people (standing) and 30 people (sitting)
  • Assembly use/standing room only of the Corson Building MakerSpace (2nd floor) is limited to 200 people
  • Assembly use with seating of the Corson Building MakerSpace (2nd floor) is limited to 100 people
  • Educational use of the Corson Building MakerSpace (2nd floor) use is limited to 80 people

Closures:

  • Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of New Bedford Whaling National Historical Park 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 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.

  • The use of bicycles including e-bikes (see Definition below), roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited in on park property

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.

The permit process allows NPS to protect park resources and guarantees groups a priority for a space when multiple groups or individual demonstrators want to use a designated first amendment area in a park.

CCTV Policy Statement
In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that New Bedford Whaling National Historical Park uses Closed Circuit Television (CCTV) security camera monitoring.

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)

This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities (RM-9, 26.3.7), revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers. (RM-9, 26.1).

Operation of CCTV cameras, maintenance of recorded images and use of recorded images will be in accordance with NPS and Department policy and applicable laws and regulations. (RM-9, 26.1-26.4) No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. (RM-9, 26.4.2)

Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.

 

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

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 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 REGULATIONS

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

Individuals 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.

This wording reflects implementation of 512, P.L. 111-24, Credit Card Accountability Responsibility and Disclosure Act of 2009, 123 Stat. 1764-65 § 512 effective February 22, 2010

 

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.

(a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in no developed areas is prohibited, except pursuant to the terms and conditions of a permit.

(a)(4) Operating a public address system is prohibited, except in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51.

 

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:

  • Visitor Center
  • Corson Theater

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 DEVICES

Using 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:

  • All park buildings and grounds

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:

  • All park buildings and grounds

36 CFR §2.37 – NONCOMMERCIAL SOLICITING

Soliciting 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:

  • Brick-paved area of exterior courtyard between Corson Building and Visitor Center

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:

  • Bicycles to include “e-Bikes “are not permitted within the boundaries of the Park.

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 – ADVERTISEMENTS

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.

36 CFR §5.3 – BUSINESS OPERATIONS

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.

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.

 
 
Designated First Amendment area at New Bedford Whaling National Historical Park
Designated First Amendment Area at New Bedford Whaling National Historical Park

NPS Photo

Designated First Amendment Area

Last updated: May 8, 2025

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Contact Info

Mailing Address:

33 William Street
New Bedford, MA 02740

Phone:

508-996-4095
To reach the New Bedford Whaling National Historical Park, you can contact us by phone at (508) 996-4095. Whether you have questions about visiting the park, upcoming events, or general information, our team is available to assist you during our regular business hours. We look forward to helping you make the most of your visit!

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