Superintendent's Compendium

SUPERINTENDENT'S COMPENDIUM: of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority - 36 CFR 1.7(b)

March 2018

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 New River Gorge National River, Gauley River National Recreation Area and Bluestone National Scenic River. 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 identified by italicized print.

Visitors may obtain a copy of this compendium, additional information or permit applications by contacting:

P.O. Box 246
104 Main Street
Glen Jean, WV 25846

Approved: /s/ Lizzie Watts, March 15, 2018
Lizzie Watts, Superintendent
New River Gorge National River
Bluestone National Scenic River
Gauley River National Recreation Area

Contents

Updates and Changes
Introduction
36 CFR 1.5 Visiting Hours, Public Use Limits, Closures and Area Designations
Unmanned Aircraft
Visiting Hours
Public Use Limits
Closures
36 CFR 1.6 Activities that Require a Permit
36 CFR Part 2 Resource Protection, Public Use and Recreation
36 CFR 2.1 Preservation of Natural, Cultural, and Archeological Resources
(a)(4) Firewood
(a)(5) Climbing
(c)(2) Gathering
(c)(3) Prohibitions
36 CFR 2.2 Wildlife Protection
(b)(1)/(b)(2) Hunting
(b)(3) Trapping
36 CFR 2.3 Fishing
(d)(2) Bait
(d)(8) Fishing from Boat Launches
36 CFR 2.10 Camping and Food Storage
36 CFR 2.11 Picnicking
36 CFR 2.13 Fires
36 CFR 2.15 Pets
(a)(5) Pet Excrement
36 CFR 2.16 Horses and Pack Animals
36 CFR 2.20 Skating, Skateboarding, and Similar Devices
36 CFR 2.21 Smoking
36 CFR 2.35 Alcoholic Beverages
(a)(3)(i) Areas Closed to Alcohol Consumption
Appendix A Locations for Public Assemblies and Meetings AND the Sale or Distribution of Printed Material
Appendix B Supporting Maps
 

Introduction

1. Superintendent's Compendium Described


The 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.

This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment of all the areas of the national Park System.

A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at:

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet at: http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.html

2. Laws and Policies Allowing the Superintendent to Develop This Compendium


The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1916, as amended) to" ... regulate the use of the Federal areas known as national parks, monuments, and reservations... by such means and measures as conform to the fundamental purposes of the said parks... which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations" (16 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to "make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service" (16 U.S.C. Section 3).

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 (16 U.S.C. Sections 1a1-1a8), 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.

In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating "Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States."

16 U.S.C. Section 1c defines the National Park System as "any areas 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."

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. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.

3. Consistency of This Compendium with Applicable Federal Law and Requirements


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.

The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.


4. Development of the Superintendent's Compendium


The requirements of the Superintendent's Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
  • Is there use or activity consistent with the NPS Organic Act and NPS policy?
  • Is the use or activity consistent and compatible with the park's enabling legislation, management objectives, and corresponding management plans?
  • Will the use or activity damage the park's protected natural and cultural resources and other protected values?
  • Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
  • Will the use or activity conflict with or be incompatible with traditional park uses and activities?
  • Will the use or activity compromise empioyee or public safety?
5. Applicability of the Compendium

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.

6. Enforcement of Compendium Requirements


NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent's Compendium.

7. Penalties for Not Adhering to the Compendium Requirements


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 Chief Ranger at the park address found below.

8. Comments on the Compendium


The Compendium is reviewed annually and r:evised as necessary. The park welcomes comments about its programs and activities at any time.

9. Effective Date of the Superintendent Compendium


The Superintendent's Compendium is effective on the approval date listed on the first page of this document, and remains in effect until revised.

10. Availability


Copies of the Compendium are available at Park Headquarters, 104 Main Street, Glen Jean, West Virginia. It may also be found at www.nps.gov/neri.

CCTV Policy Statement


In accordance with National Park Service Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that the New River Gorge National River , Gauley River National Recreation Area and the Bluestone National Scenic River may use 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 AudioNisual 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.
 

Updates and Changes

  1. Introduction added based on language provided by the Northeast Regional Office.
  2. Closed Circuit Television (CCTV) Policy Statement added in Introduction.
  3. No regulations were abolished for the 2018 update.
 

36 CFR PART 1 - GENERAL PROVISIONS

I. 36 CFR 1.5 Visiting Hours, Public Use Limits, Closures, and Area Designations for Specific Uses or Activites.


(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:

A. Unmanned Aircraft
  1. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of New River Gorge National River, Gauley River National Recreation Area, or the Bluestone National Scenic River are prohibited.
Definition:
Unmanned Aircraft - a device that is used or intended to be used for flight in the air without the possibility of 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 camera, sensors, communication links). This term includes all types of devices that meet this definition (e.g. model airplanes, quad-copters, drones) that are used for any purpose, including recreation or commerce.

Justification: With the dramatic growth in the use of unmanned aircraft in the country, and the observed use of these types of craft operating within the New River Gorge, Gauley and Bluestone, the superintendent has determined that a careful review of the use of these devices is necessary because of the unacceptable impact potential including possible harm to visitors, interference with rescues, excessive noise, impact to view sheds, and disturbance of wildlife. These issues have been observed at other National Park Service areas. NPS Management Policy, Section 1.5, provides that a new form of park use may be allowed only C?fter a determination has been made that it will not result in unacceptable impacts on park resources and values. Similarly, Section 8.2 also states that a new form of recreation will not be allowed within a park until a superintendent has made a determination that it will be appropriate and not cause unacceptable impacts.

B. Visiting Hours
  1. Except for park buildings and other structures identified as open to the public, all buildings, historical ruins, and other structures are closed.
  2. Visiting hours are sunrise to sunset as follows:
a) On the Sandstone Visitor Center grounds (including the parking lots and grounds associated with or adjacent to the visitor center).

b) On National Park Service property associated with the Park Headquarters complex in Glen Jean.

Justification: Sandstone Visitor Center and the NPS property associated with Park Headquarters in Glen Jean offer no visitor services after regular business hours and also have a history of inappropriate behavior and vandalism after daylight hours.

c) At Dun Glen, except for the group campsite and the parking area next to it.

Justification: The area known as Dun Glen is located between NPS maintenance facilities and a private residence currently owned by the Dragan family. The area includes NPS support buildings, seasonal quarters, a picnic shelter, a restroom, a large pavilion, and central trash dumpsters. No visitor services are available after hours.

d) The area of Beauty Mountain from Short Creek to Beauty Mountain electrical substation isclosed to public use one-half hour after sunset until sunrise.

Justification: The area known as Beauty Mountain formerly owned by the Nuttall Estate is closed one-ha(l hour after sunset until sunrise. The area used to be host to late night and often rowdy parties which not only disturbed park neighbors, but also placed the parties involved in great danger due to the close proximity of sheer cliffs and uneven terrain.
C. Public Use Limits
  1. The size of group and the frequency of use for certain activities will be restricted as follows (see APPENDIX B for additional information):
a) Commercial Climbing. In order to limit the impact to the climbing complex known as the Bridge Area, all groups will be limited to a maximum of 15 persons per trip, including the guide(s}, with guest-to-guide ratio not to exceed four guests to one guide. Groups in all other climbing areas will be limited to a maximum of 10 persons per trip, including the guides(s}, with guest-to-guide ratio not to exceed four guests to one guide. Guest count will include individuals in the group watching the climbing activity. All climbing groups are limited to four trips per day park-wide.

Justification: Group size limits are computed to ensure adequate safety and support for visitors on guided commercial trips, and to help ensure non-commercial visitors have access to visitor use areas both for parking and trail use.

b) Commercial Hiking/Biking. In order to limit the impact to park trails and other park visitors, all groups biking and hiking on designated trails will be limited to a maximum of 22 persons, including the guide(s) per trip, with a guest-to-guide ratio not to exceed 10 guests to one guide. In addition, biking and hiking groups will be limited to four trips per day park-wide.

c) Commercial Horse Trips. In order to limit the impact to permitted trails and minimize conflict with other trail users, horse packing trips will be limited to a maximum of 22 horses and 22 persons (including the guides) per trip, with a guest-to-guide ratio not to exceed 10 guests to one guide. Trips are confined to the Brooklyn Mine Access Trail and Bluestone Turnpike Trail and are limited to day use only with a maximum of four trips per day per designated horse trail. In order to reduce trail damage and minimize conflict with other trail users, a time period of 30 minutes must lapse between the start of each trip onto a designated horse trail. Grazing is not permitted. Horses are prohibited from being tied to trees, shrubs or vegetation and must maintain a distance of at least 100 feet from a water source. Noxious weed-seed free pellets may be utilized if necessary, but hay is prohibited.

Justification: Group size limits are computed to ensure adequate safety and support for visitors on guided commercial trips, and to help ensure non-commercial visitors have access to visitor use areas both/or parking and trail use.
D. Closures
  1. All park roads are open only to vehicles that:
a) Are registered with valid state registration
b) Have proof of insurance
c) Have a current valid state safety inspection sticker (if required by the state where registered), and
d) Display a current valid state license plate
Justification: All park roads are open to vehicles meeting accepted state registration and safety requirements.
2. All park roads are closed to all vehicles that are designed for off-highway use as defined by West Virginia Motor Vehicle Code, Section 17A-1-1 (ii) [ATVs].

Justification: Off-road vehicles are designed for off-highway use and do not meet the requirements set forth for use on park roads. Travel OFF road by ANY vehicle on park land is prohibited.

3. To limit the spread of the exotic forest pest known as the emerald ash borer, it is prohibited to transport firewood into the New River Gorge National River and the Gauley River National Recreation Area.

Justification: Resource management has ident/fied imported wood increases the spread of the emerald ash borer.

4. The area known as Beauty Mountain Boulders is closed to the possession of spray paint, paint, and marking pens.

Justification: This area is heavily vandalized by taggers. Thousands of square feet of boulders and cliff edges have been painted with often offensive language and pictures. Numerous efforts to prevent the vandalism have been unsuccessful.

5. The eagle nesting site on Brooks Island.

Justification: This area currently has an active eagle nest occupied by a breeding pair of eagles. Currently, they reside year round. Resource Management staff have indicated ground disturbance near the nesting site can cause the pair to abandon the nest.
 

II. 36 CFR 1.6 Activities that Require a Permit


(f) The following is a compilation of those activities for which a permit (approved in advance) from the superintendent is required (See APPENDIX A):
A 1.5 (d) Reservation of Burnwood, Dun Glen, and Grandview picnic shelters; group climbing,hiking, biking, horse packing and tours (see Public Use Limits, page 2 for group sizes).

B. 2.5 (a) Collecting (form PRP-1, research specimens)

C. 2.10 (a) Use of Burnwood and Dun Glen group camping areas

D. 2.12 Audio Disturbances
(a)(2) Operating a chain saw 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
E. 2.17 Air Craft and Air Delivery
(a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means parachuting (or BASE jumping), whether from an aircraft, structure, or natural feature, is generally prohibited. The issuance of a permit will be considered for organized BASE landings from 9:00 AM to 3:00 PM during the annual Bridge Day event.
(c)(1) Removal of downed aircraft
F. 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)

G. 2.38 Explosives
(a) Use, possess, store, transport explosives, blasting agents
(b) Use or possess fireworks

H. 2.50 (a) Special events, weddings, marathons and any other activities of organized groups

I. 2.51 (a) Public assemblies, meetings, gatherings, demonstrations, parades and other public expressions of view of groups over 25.
Public assemblies, meetings, gatherings, demonstrations, and other public expressions of views will be permitted if a permit has been issued in accordance with 36 CFR 2.51 at locations designed to balance the legitimate need of persons to express their views while allowing for the needs of park visitors to enjoy the park and its resources.

Designated areas for such activities at New River Gorge National River, Gauley River National Recreation Area and Bluestone National Scenic River include the areas listed in APPENDIX A Some specific sites may not be available at all times due to the constraints listed in 36 CFR 2.51. Permit conditions specific to each site and event may be established in accordance with 36 CFR 2.51. See APPENDIX A
J. 2.52 (a) Distribution or sale of printed matter that is not solely commercial advertising.
The sale or distribution of printed matter will be permitted at locations designed to balance the legitimate need of persons to express their views while allowing for the needs of park visitors to enjoy the park and its resources.

Designated areas at New River Gorge National River, Gauley River National Recreation Area and Bluestone National Scenic River where the sale or distribution of printed matter is allowed pursuant to a written permit are listed in APPENDIX A Some specific sites may not be available at all times due to the constraints listed in 36 CFR 2.52. Permit conditions specific to each site and event may be established in accordance with 36 CFR 2.52. See APPENDIX A.

K.. 2.60 (b) Agricultural Use

L. 2.62 (b) Scattering of Human Ashes

M. 5.1 Advertisements (Display, posting, or distribution)

N. 5.3 All commercial operations

O. 5.5 Commercial Photography
Filming and photography activities - whether commercial or noncommercial - will be allowed provided that activities do not cause unacceptable impacts to park resources or public use.

All commercial and certain non-commercial filming requires a permit. Commercial filming is defined as digital or film recording of a visual image or sound recording by a person, business, or other entity for a market audience, such as for a documentary, television or feature film, advertisement, or similar project.

Still photography activities, whether commercial or non-commercial, require a permit when: (a) the activity takes place at location(s) where or when members of the public are generally not allowed; or (b) the activity uses model(s), sets(s), or prop(s) that are not a part of the location's natural or cultural resources or administrative facilities; or (c) the park would incur additional administrative costs to monitor the activity; or (d) the park needs to provide management and oversight to (1) avoid impairment or incompatible use of the resources and values of the park, or (2) limit resource damage, or (3) minimize health or safety risks to the visiting public. Note: News coverage does not require a permit, for either filming or still photography, but is subject to time, place, and manner restrictions, if warranted, to maintain order and ensure the safety of the pubic and the media, and to protect natural and cultural resources.

P. 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).

Q. 5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.

For more information on permit requirements and to obtain appropriate applications, please contact
the office of the Program Specialist for Commercial/Special Park Uses at 304-465-6517 or visit www.nps.gov/neri/.
 

36 CFR PART 2- RESOURCE PROTECTION, PUBLIC USE, AND RECREATION


36 CFR 2.1 - Preservation of Natural, Cultural, and Archeological Resources

(a)(4) Firewood
A. Dead wood on the ground may be collected only for use as campfire fuel in campsites within parkboundaries.

The collection of dead wood on the ground for immediate use as campfire fuel does not pose any particular threat to the ecosystem as fluctuating river levels regularly replenish wood in the areas where camping is popular.Justification:

(a)(5) Climbing
A. Recreational climbing and rappelling is prohibited at Grandview.

Rock climbing at Grandview would cause a conflict between user groups. With over 1,400 established climbing routes in the park, Grandview is one area where the focus around the cliffs is the enjoyment of the scenery in a peaceful, non sport-like setting.Justification:

(c)(2) Gathering
A. The following berries and other fruits growing on federally-owned lands within the park may be gathered for personal consumption:
ITEMS Collection Limits
Blueberries
Blackberries
Cheries
Elderberries
Gooseberries
Grapes
Huckleberries
Raspberries
Serviceberries
Sumac Berries
One (1) Gallon Per Person Per Day
Apples
Black Walnuts
May Apples
Peaches
Pears
Persimmons
Plums
1/2 Bushel Per Person Per Day
Morel Mushrooms
Ramps (Allium tricoccum)
1/8 Bushel (1/2 Grocery Bag)
Per Person Per Day

The berries, other fruits, mushrooms and roots set forth in this section are sufficiently available so as to sustain gathering in limited quantities for personal use. Justification:

(c)(3) Prohibitions
A. Except for those plants and plant parts specifically designated above, it is prohibited to possess, destroy, injure, deface, remove, dig, or otherwise disturb from its natural state all other plants or the parts or products thereof on federally-owned lands within the park [36 CFR §2.1 (1 )(1 )(ii)]. This includes various other fruits, berries, nuts, greens, bulbs, tubers, roots, and other plant parts or products which may, traditionally, have been considered to be edible or to have medicinal uses. Of particular note is American Ginseng which is regulated by the state of West Virginia but illegal to harvest or possess on NPS land.
Justification: The gathering or possession of other fruits, berries, nuts, greens, bulbs, tubers, roots, etc. not designated in 2.1 (c)(2) is prohibited

 

II. 36 CFR 2.2 Wildlife Protection

(b)(1 ), (b)(2) Hunting. Hunting is allowed on federally-owned lands within the park except as noted below:

A. Hunting shall be in accordance with regulations established by the West Virginia Division of
Natural Resources or in accordance with posted National Park Service safety zone signs.

B. At Grandview, hunting is permitted only within the portion of the former state park land that lies between Glade Creek Road and the New River as posted. All other land within the boundaries of the former state park is closed to all firearms and hunting. Legally taken game shall not be transported across this closed area. All hunting access and possession of firearms in this area are prohibited. (see attached maps).

Justification: Under the park's enabling legislation, the superintendent may allow hunting. Within the area formerly known as Grandview State Park, specifically Grandview Top, hunting is not allowed as it was traditionally closed under State ownership.

C. Hunting is not allowed within the Burnwood area (from the north rim of the New River Gorge along the western and northernmost boundary and south along U. S. 19 to the rim of the gorge as posted) (see attached maps).

Justification: The area known as Burnwood is closed to hunting as an established safety zone.

D. Hunting is not allowed in the Park Loop Trail area from Wolf Creek along the eastern cliff line to the northern old road trace, then following the western park boundary to area behind cemetery and south back to Wolf Creek (see attached maps).

Justification: The Park Loop Trail area is closed to hunting as a safety measure as this is a heavy visitor use area.
E. Hunting is not allowed within 150 yards of any trail in the Arrowhead stacked loop trail system.

Justification: The Arrowhead Trail area has hunting restrictions as a safety measure as this is a heavy visitor use area.

F. Hunting is not allowed within 150 yards of any established campground.

Justification: Established campgrounds have hunting restrictions as a safety measure as these are heavy visitor use area.

G. Hunting is not allowed at the Camp Brookside Area.
Justification: This area is a designated youth activities camp in use for various overnight and daytime functions year-round. Hunting in this small area would pose a significant hazard to visitors
(b)(3) Trapping
A. Trapping is not allowed on federally-owned lands or federally-controlled waters within New River Gorge National River.

B. Trapping is allowed on federally-owned lands and federally-controlled waters within Gauley River National Recreation Area and Bluestone National Scenic River.
Justification: Trapping within the Gauley NPS areas is allowed under the parks' enabling legislation. Trapping on the Bluestone National Scenic River is allowed under the state license agreement; trappers must be registered with the Bluestone Wildlife Management Area Department of Natural Resources manager pursuant to WV state law.
 

III. 36 CFR 2.3 Fishing

(d)(2) Bait
A. Live or dead minnows, other bait fish, and amphibians, except as identified below, may be possessed or used as bait or fishing in the waters of the park, in accordance with West Virginia fishing regulations. The commercial collection of bait is prohibited. The collection and possession of the following rare salamanders is prohibited:
  • Green Salamander (Aneides aeneus)
  • Blackbelly Salamander (Desmongnathus quadramaculatus)
Justification: Bait collection and use are consistent with West Virginia fishing regulations. Salamanders listed as protected species. The prohibition on commercial collecting is consistent with NPS service-wide policy.

(d)(8) Fishing From Boat Launch Areas
A. Fishing is not allowed within 100 feet of boat launch/take-out areas while watercraft are using the launch/take-out area.
Justificaton: This restriction is in place to provide for visitor safety.
 

IV. 36 CFR 2.10 Camping and Food Storage

(b) Camping
A. Camping is permitted on federally-owned lands within the park except where specifically excluded. Camping is defined as "the erecting of a tent or shelter or natural synthetic materials, preparing a sleeping bag or other bedding material for use, parking of a motor vehicle, motor home or trailer, or mooring of a vessel for the apparent purpose of overnight occupancy" 36 CFR 1.4(a).

B. Camping is permitted at established campsites on NPS-owned riverfront land as long as no unacceptable impacts result.

C. Camping is allowed by permit only at the Dun Glen and Burnwood group camping areas.

D. Opportunities for "primitive" drive-in camping on a first-come, first-served basis have been developed at Army Camp, Grandview Sandbar, Glade Creek, Hellems Beach, and Gauley Tailwaters. Opportunities for "primitive" walk-in camping on a first-come, first-served basis have been developed at Glade Creek, Grandview Sandbar, Thayer, Stone Cliff and Brooklyn.

E. Camping by commercial groups is not permitted in any developed campground from the third Saturday in May through September 30.
Justification: Developed campgrounds are closed to commercial use May through September to eliminate conflicts between user groups. Only a limited number of spaces are available and would not support commercial use during peak season.
F. Camping is prohibited within 100 feet of any of the following unless designated or developed sites are offered (see APPENDIX B for additional information):
  1. Developed Day Use and River Access areas (parking and boat launch areas)
  2. Developed trails and trailhead areas
  3. Park structures or historical ruins
  4. Water source or improved areas (unless otherwise stated).
Note: Walk-in camping along the New River is permitted except in restricted areas as listed above.

G. Specifically, camping is prohibited at the following:
  1. Grandview Top (see attached maps in APPENDIX B)
  2. Former Laing property adjacent to Burnwood
  3. Visitor centers at Canyon Rim, Sandstone and Thurmond (the parking lots and grounds associated with or adjacent to the visitor centers)
  4. Within the Kaymoor historic area (between the metal gate to the south, Butcher Branch to the north, and the historic area from rim top to the river
  5. The Nuttall historic area from rim top to the river
  6. The area known as The Pines at the Gauley Tailwaters area (see attached map)
  7. The areas known as Fern Creek and Beauty Mountain, from Workman Road to the North, through Short Creek and ending at the Beauty Mountain Electrical Substation (see attached map in APPENDIX B)
  8. Keeney's Creek Flatrock area (see attached map)
  9. Within 300 feet of any cliff top or cliff bottom (unless otherwise designated)
  10. Within the boundaries of Bluestone National Scenic River
  11. Camp Brookside on Brooks Island unless approved by the superintendent

H. In developed/designated camping areas, there will be a maximum of one tent and one RV (a vehicle designed for overnight accommodations) or two tents, eight people, and two vehicles per site.

I. No person, party, or organization shall be permitted to camp for more than a total of 14 days within a 28-day period within any park campground and/or camping area. The moving from one campsite or camping area to another, or the changing of the registered name of the group or individual in order to circumvent the 14-day camping limit is prohibited.

J. Campers will be required to register with park rangers when and as requested.
Justification: Camping is an intensive use of park resources. All of the camping regulations are in effect to protect 1) the natural features of the park from abuses which can result when camping activities go unchecked, and 2) the quality of the visitor's camping experience. Limitations on camping days and site capacities seek to achieve this protection while still providing adequate camping opportunities to park visitors. Commercial and group size restrictions seek to avoid exposing visitors to hazards or conflicts with other user groups (commercial trips, heavy day use).
 

V. 36 CFR 2.11 - Picnicking

A. A reserved shelter at Burnwood, Dun Glen, and Grandview will be for the entire day and for the exclusive use of the party which holds the reservation. Use of picnic shelters at Dun Glen and Burnwood are by reservation only. Shelters at Grandview may be used by non-commercial groups on a first-come, first-served basis if not already reserved.

B. Picnickers using vacant designated campsites will yield the site to those wishing to occupy the site for camping.

C. No picnicking within the Camp Brookside area is allowed without the approval of the superintendent.
Justification: Picnicking is allowed throughout the park, with the exception of Camp Brookside, and in all park campgrounds in accordance with the food storage regulations of Section 2. JO(d). Picnicking in Camp Brookside is limited due to the nature and use of the property as a residential or leasedfacility.
 

VI. 36 CFR 2.13 Fires

(a)(1) Fires
A. Campfires are allowed at developed sites and must be contained within the receptacles that are provided. Campfires are also allowed at established backcountry and riverfront campsites and must be contained within a fire pan or existing fire ring.

B. Lighting or maintaining a fire is prohibited at:
  1. Canyon Rim and Sandstone Visitor centers (the lots and grounds associated with or adjacent to the visitor centers)
  2. Camp Brookside, unless approved by the superintendent. Any fire approved by the superintendent will be overseen by NPS employees, and only be set in the designated fire ring.
  3. Islands at Sandstone Falls
  4. Keeney's Creek Flatrock area (see attached map)
  5. The areas known as Fern Creek and Beauty Mountain, from Workman Road to the North, through Short Creek and ending at the Beauty Mountain Electrical Substation (see attached map)
  6. Within the boundaries of the Bluestone National Scenic River
C. Unless a receptacle is provided, lighting or maintaining a fire is prohibited within 300 feet of any:
  1. Developed River Access Areas (this closure includes Gauley Tailwaters, Fayette Station, Cunard, Mccreery, Glade Creek, and Meadow Creek; it does not include Stone Cliff and Dun Glen)
  2. Developed trailhead area
  3. Top edge and the bottom of any cliff
  4. Park structure or historical ruin
Justification: The prohibitions within this section serve the purpose of protecting park natural, historic and archaeological resources.from the detrimental effects of campfires. In addition, restricting.fires to receptacles (where provided) prevents fire scars from affecting campers sleeping on the ground and contains fire debris to a small area.

 

VII. 36 CFR 2.15 Pets

(a)(3) Pets
A. At park visitor centers, pets may be left unattended and tied, on a leash not to exceed six feet, to an object, specified by visitor center personnel, for up to one hour.

B. At other locations of federally-owned lands, pets may be left unattended and tied, on a leash not to exceed six feet, to objects for up to four hours. Pets will not be tied to trees or other woody plants. Pets will not be tied to trash cans.

C. Pets left unattended and tied to an object must have direct access to drinking water, fresh air, and shade. At all times and in all places, pets must be secured on a leash not to exceed six feet.

D. No pets will be permitted at Camp Brookside (service animals excepted).
Justification: Leash requirement provides for the protection of the pet as well as other park visitors, while preventing pets from disturbing or harassing native wildlife. All other regulations in this section are in effect to protect unattended pets from exposure to high temperatures and dehydration. Camp Brookside is a designated youth programs area and pets would be detrimental to programs and activities at the camp.

(a)(5) Pet Excrement
A. At all campgrounds, visitor centers, and developed areas, pet excrement must be immediately picked up and disposed of by the person in control of the pet.

Justification: Pet excrement poses a public health hazard in high use areas such as park campgrounds, visitor centers, and developed areas.
 

VIII. 36 CFR 2.16 Horses and Pack Animals

(b) Horses and Pack Animals

A. Horses and pack animals are prohibited on all park trails unless the trail is signed as open to horse/pack animal use.

B. Administrative roads that are closed to motorized vehicles are also closed to horse use.

C. Overnight horse use is prohibited except in designated areas.
Justification: The use of horses and pack animals is restricted to areas where they will not present a safety hazard or other user group conflicts to visitors. The impact of stock on trail surfaces is also a consideration in determining where they can be used.
 

IX. 36 CFR 2.20 Skating, Skateboards, and Similar Devices

A. These deviced are prohibited within the park except at Grandview overflow lots when they are closed to vehicle traffic.
Justification: The overflow lots at Grandview (when closed to motor vehicles) are the only areas in the park where skateboards, skates and similar devices may be safely operated without interfering with other visitor uses or vehicle traffic.
 

X. 36 CFR 2.21 Smoking

(a) Smoking

A. All National Park Service buildings and other structures are closed to smoking and the use of all electronic cigarettes and other electronic nicotine delivery systems (ENDS).
Justification: Smoking within any public building or structure poses a health and fire risk. Acting (1) out of an abundance of caution in light of the scientific findings and uncertainty to date, and (2) in the interest of equity, the purpose of this regulation is to afford all NPS employees and park visitors the same protections from exposure to nicotine and other harmful substances that may be found in electronic cigarettes and other electronic nicotine delivery systems (ENDS) vapor that are currently in place for exposure to tobacco smoke.

1. The use of ENDS will be treated as tobacco smoking. All provisions of Director's Order #50D­including in particular sections 4. I. I and 4. 1.2-will apply to ENDS use.
a) ENDS use will not be permitted within any Government-owned or -leased vehicle, including heavy equipment, watercraft or aircraft.
b) ENDS will be prohibited in shared government quarters, but generally permissible in non­shared residential accommodation.
c) With regard to concessions facilities, ENDS use will be treated just the same as smoking. Generally, all NPS concessions facilities will be smoke free. The only exceptions-which the Service does not encourage-will be specifically designated smoking areas and rooms if allowed by State and local law.

 

XI. 36 CFR 2.35 Alcoholic Beverages

(a)(3)(i) Closures

A. The following public use areas are closed to the consumption of alcoholic beverages and the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal is broken or the contents of which have been partially removed:
  1. Within the Park Headquarters complex in Glen Jean
  2. At Dun Glen, within the developed area, unless specifically permitted by the Superintendent (This prohibition does not apply to the government housing at Dun Glen).
  3. At Grandview Top
  4. Within Bluestone National Scenic River
  5. Stone Cliff visitor use area, including the area from the entrance road at the junction of State Route 25 to the upstream end of the "beach area", and the overnight camping and day use areas
  6. Public use areas at Thayer
Justification: At Park Headquarters and Dun Glen, the use of alcoholic beverages is inappropriate given the nature of the government business which occurs on or near these properties. At Stone Cliff visitor use areas, the irresponsible, unsafe and often violent behavior which traditionally resulted/ram alcohol use is inappropriate and was not able to be controlled by traditional enforcement means. The area known as Grandview Top was formerly a WV State Park where alcohol was prohibited. The public use activities at Grandview include large gatherings, family reunions, church groups and an outdoor drama theater. Bluestone National Scenic River is co-managed with the state of West Virginia, which does not permit the use of alcoholic beverages in the wildl[fe management area. The Thayer visitor use area is located within the residential community of Thayer and the use of alcohol would be inappropriate due to the proximity of local residents.
 

APPENDIX A

36 CFR 2.51 PUBLIC ASSEMBLIES, MEETINGS
36 CFR 2.52 SALE OR DISTRIBUTION OF PRINTED MATTER


A. Canyon Rim Visitor Center. Grassy area to the left of the visitor center when facing the building (see attached map).

B. Fayette Station. Grassy area to right of park road just past the Wolf Creek bridge heading into main parking area (see attached map).

C. Park Headquarters. Across from Park Headquarters on NPS tract 173-08 in the lawn area on east end (right) of private property adjacent to the Bank of Glen Jean when facing the bank building (see attached map).

D. Gauley Tailwaters. Grassy area on right side of Tailwaters access road 0.3 miles from Route 129 entrance to access road (see attached map).

E. McCreery. Area 50' by 50' in field north of boathouse adjacent to the bridge abutment (see attached map).

F. Grandview. Grassy area to the right of trailhead to main overlook (when facing the trail) OR grassy area directly across park road from front of amphitheater (see attached map).

G. Sandstone Visitor Center. The mowed grass portion of the island adjacent to the visitor center parking lot (see attached map).

H. Sandstone Falls. Area 50' by 50' in the grassy picnic area 50' downstream (left) of the boardwalk entrance when facing the boardwalk entrance (see attached map).
 

Last updated: March 22, 2018

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Mailing Address:

P.O. Box 246, 104 Main Street
Glen Jean, WV 25846

Phone:

(304) 465-0508

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