Superintendent's Compendium

CANAVERAL NATIONAL SEASHORE

SUPERINTENDENT’S COMPENDIUM - 2024

SUPERINTENDENT’S COMPENDIUM of designations, closures, request requirements and other restrictions imposed under the discretionary authority of the Superintendent for Canaveral National Seashore.

In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations, Chapter 1, Parts 1 through 7, authorize by Title 16, United States Code, Section 3, the following regulatory provisions are established for the property management, protection, government, use of the portions of Canaveral National Seashore under the jurisdiction of the National Park Service. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1.

 

INTRODUCTION

The purpose of this compendium is to provide a written document which provides the special designations, closures, public use limits, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent. The preparation of a compendium is required under Section 1.7, Title 54, Code of Federal Regulations and shall be made available to the public upon request. The compendium will be reviewed and updated annually to ensure adequate protection of the park’s resources, provide for public safety and enjoyment and to meet changes in recreational use patterns.

It is important to utilize this document in conjunction with Title 54 Code of Federal Regulations, since the compendium only addresses restrictions imposed under the discretionary authority of the Superintendent or regulations that authorize special designations, closures or use limits. The use of this compendium in conjunction with park brochures, maps, signs, and other media will provide a clear understanding of Canaveral National Seashore rules and regulations for both National Park Service employees and our visitors.

Justification for Restrictions, Closures and Public Use Limits are established by the Superintendent of Canaveral National Seashore, Pursuant To 16 U.S. Code, Section 3, And Title36, U.S. Code of Federal Regulations, Chapter 1, Parts 1-7.

 

Part 1 – GENERAL PROVISIONS

Section 1.5 CLOSURES AND PUBLIC USE LIMITS

1.5(a) The authorization of activities shall be construed, and the protection, management, and administration of these areas shall be conducted in light of the high public value and integrity of the National Park System and shall not be exercised in derogation of the values and purposes for which these various areas have been established, except as may have been or shall be directly and specifically provided by congress.

1.5(a) The following areas are closed to all public entry, permitted camping, authorized special events and specified interpretive programs, during the period indicated for the protection of park resources. NPS staff, volunteers, contractors, partner agencies and research personnel who have an active research permit or cooperative agreement

a. The emergent and submerged lands, administered by the National Park Service, with Canaveral National Seashore, bounded by Apollo Beach parking lot #1 and entrance gate on the north, from the Apollo entrance gate south along the west shoreline of the barrier island, the mean low water line of the barrier island on the east, to the Seashore’s southern boundary at Playalinda Beach, and are Closed from 6:00 p.m. to 6:00 a.m. (Eastern standard time) and 8:00 p.m. to 6:00 a.m. (Daylight savings time). The park inbound lanes close 1 hour prior to closing time to allow staff time to clear all areas of the park prior to locking the gates. The park staff will commence clearing the park of visitors from beaches and parking lots 30 minutes prior to closing.

b. The area defined as Bill’s Hill -- Closed year-round to public vehicular traffic where posted and closed from sunset to sunrise year-round. Not available for horse use. The “Bill’s Hill” area located in the city Oak Hill, FL is closed to horseback riding as there are no visitor facilities. These roads are closed to public vehicular traffic for the

c. protection of natural resources and to provide a natural experience for visitors traveling by non-motorized traffic (General Management Plan (GMP) 2015).

d.The road commonly known as the Sand Road from Apollo Beach south of parking lot #5, south of the unpaved surface of roadway (sand road) to the north end of the Playalinda Beach paved road is closed year-round to public motorized vehicular traffic and foot traffic. (Approximately 12 miles).

e. Klondike Beach is defined as the area of Canaveral National Seashore bounded on the west by the dune line, on the east by the Atlantic Ocean, on the south by a line running perpendicular to the dune line grid at marker number 73 and on the north by a line running perpendicular to the dune line at grid marker number 29. The Klondike Beach section of Canaveral National Seashore is designated as “backcountry” and is limited to 25 persons per day on the south end of the beach and 25 persons per day on the north end of the beach. Daily permit required. The purpose of the limit is to maintain the “backcountry” experience in these areas; ensure public health and safety; and to protect the natural resources.

f. Dune areas are closed except for administrative and protection purposes to all traffic including pedestrian. Traffic is only permitted on elevated boardwalks. Dune areas are defined as the zone paralleling to open beach bounded by the eastern-most extent of vegetation on the east side and the eastern edge of the paved roads/parking areas or unpaved areas of the sand road on the west side. Dune areas are closed to all foot and motorized traffic to preserve and protect the natural dune vegetation and formation.

g. The emergent lands within Canaveral National Seashore except those administered by the United States Fish and Wildlife Service are closed to all hunting and trapping activities. The waters of Mosquito Lagoon and adjacent water impoundments administered by the National Park Service within Canaveral National Seashore are closed to all public hunting and trapping, except waterfowl hunting in areas administered by the United States Fish and Wildlife Service (USFWS) within established seasons, in accordance with applicable Federal and State regulations, and subject to security closures on lands owned by the National Aeronautics and Space Administration (NASA).

The legislation creating Canaveral National Seashore allows for the closure of portions of the seashore to public hunting and trapping for reasons of public safety (93-626).

Because of the intensive recreational use that occurs on the narrow barrier island portion of the Seashore and the small islands of Mosquito Lagoon, these areas are closed to public hunting and trapping as per consultation with the Florida Fish and Wildlife Conservation Commission. The area is closed to hunting except for administrative use and in designated as USFWS waterfowl hunting areas.

h. All parking areas and roadways associated with parking will be closed when they reach maximum capacity. Parking areas and roadways will reopen to incoming traffic when parking spaces become available. Parking areas and roadways, including the fee entrance area will be temporarily closed to incoming traffic when parking areas are full to protect persons and property within the parking areas and to protect park resources.

i. Designated portions or all the NASA-owned lands within Canaveral National Seashore are closed to all public access. NASA may close any of these areas to the public as deemed necessary for space operations and or defense programs of the Nation (PL93-626, H.R. 5773, Jan 3, 1975).

j. The 25-acre area known as Seminole Rest in Oak Hill, Volusia County Florida is closed to all vehicles and activities, such as motor-boat launching, bicycles, golf carts, inline skating (or similar devices), and gathering fruit, except to pedestrian traffic restricted on the designated constructed pathway. Pets are allowed on the pathway, and must be on a leash and fishing is allowed from the dock. Seminole Rest is closed from sunset to sunrise year- round. These lands were authorized by Congress to be acquired “for the primary purpose of protecting and interpreting their archeological and historical resources”.

k. Personal Watercraft, as defined below, are prohibited on all waters under the legislative jurisdiction of Canaveral National Seashore (36CFR,3.24a). This excludes watercraft for emergency search and rescue missions for law enforcement operations carried out by National Park Service, U.S. Coast Guard, or other federal, state, or local jurisdiction. Personal watercraft refers to a vessel, usually less than 16 feet in length, which uses an inboard, internal combustion engine powering a water jet pump as its primary source of propulsion. The vessel is intended to be operated by a person or persons sitting, standing, or kneeling on the vessel, rather than within the confines of the hull. Personal watercraft includes but is not limited to vessels referred to as Jet skis, Seadoos, Waverunner, Wavejammer, Wetjet, Wetbike, and Surf jet. The use of airboats is also prohibited in all waters under the legislative jurisdiction of Canaveral National Seashore except for approved contractors for exotic plant eradication, St. John’s River Water Management District, Volusia County Mosquito Control staff, and U.S. Fish and Wildlife Service for administrative use and access.

l. Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Canaveral National Seashore is prohibited.

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 to operate or control the device (such as cameras, sensors, communication links.) The 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.

m. Crab fishing along beach road, vistas, and Eddy Creek is prohibited due to methods used to attract crabs. This method also attracts alligators causing safety and visitor use conflicts.

n. Small sections of the lower dune and on the lagoon islands may be closed due to shorebird and sea turtle nesting.

o. During rocket launches at the adjacent Kennedy Space Center or within Cape Canaveral Space Force Station, park vistas will be closed along with the beach ¼ mile south of parking area #1 at the Playalinda District. Parking will only be allowed within beach parking lots and other approved parking spaces.NASA may set up road-blocks and/or close the NASA owned portions of the park at any time for the needs of the space program.

During rocket launches, the Playalinda District will close one half hour (30 minutes) prior to the launch to inbound traffic to allow vehicles to safely travel from the fee entrance booth to a beach parking lot or other approved parking.

1.5(a)(1)(2) Vessels may not operate or anchor within 500 feet (160 yards) of the mean low tide on any part of Canaveral National Seashore’s ocean shoreline. This closure applies to all vessels including but not limited to any type of boat, sailboat, seaplane, personal watercraft, or any other type of motorized vessel. This is established to protect wading fishermen, surfers, and swimmers year-round. This excludes non-motorized boats or other boats used in cases of emergency to protect life and property.

NASA does not permit motorized vessels landing or launching from any part of the beach, which includes Canaveral National Seashore.

1.5(a) (2) Visitors are prohibited from possessing glass containers on the beach, boardwalks, and parking lots. Beach and boardwalks are bounded by the eastern edge of the paved roads or unpaved areas of the Sand Road on the west side, to the eastern most boundary of the Seashore, extending the length of the Seashore.

Glass containers have been determined to be unsafe and detrimental to public health.

Playalinda Beach Closure

1.5 (b) Due to structural and resources damage caused by hurricanes Ian and Nicole, conditions north of boardwalk number 7 in Playalinda Beach may at times be unsafe for visitor use therefore, the portion of the park north of boardwalk 7 may be temporarily closed to allow for sand removal, visitor safety, and repair resource damage.

Section 1.6 Permits

Permits are required for the following activities:

• Backcountry permit: §1.5(a)(1)

• Backcountry camping permit: §2.10(a)

• Commercial harvesting permit: §2.3

• Horse or pack animal use: §2.16

• Special events: §2.50

• Public assemblies, meetings: §2.51

• Sale or distribution of printed matter: §2.52

• Commercial or business activities (CUA): §5.3

Harvesting within oyster leased submerged lands is restricted to leaseholder only.

Part 2 – RESOURCE PROTECTION, PUBLIC USE AND RECREATION

Section 2.1 Preservation of natural, cultural, and archeological resources

Driftwood is considered a hazard to navigation and may be collected from the beach east of the dune area (dune area previously described). All archeological resources and cultural resources are protected by law and may not be removed except by authority of the Superintendent.

2.1(c)(1) Amounts not to exceed one gallon/per person/per day of the following items that are not located within the dune area may be gathered for personal use or consumption: sea grapes, hickory nuts, prickly pear fruit, and unoccupied seashells taken from above the waterline.

It has been determined that the gathering or consumption of these items will not adversely affect wildlife at Canaveral National Seashore, the reproductive potential of a plant species, or otherwise adversely affect the resources.

Section 2.10 Camping

2.10(a)(1) Backcountry island camping is only permitted at designated areas within Volusia County. A permit is required. Fee includes $20/site/night. No person, party, or organization shall be permitted to camp for more than a total of 30 days in a calendar year. Backcountry camping is being permitted in accordance with the General Management Plan. This activity is being analyzed for impact upon the natural resources. Beach Camping is not permitted at Canaveral National Seashore.

Section 2.13 Fires

2.13(a)(1) Fires are permitted in grills or self-contained units designed for fires throughout the seashore or in designated areas at backcountry camping sites. Coals must be completely extinguished and removed from the beach. The park will implement and enforce fire bans set forth by the county during extreme drought conditions, propane and charcoal grills for cooking are allowed on the camping islands during this time.

Fires are restricted in use for the safety of the visitor and for the prevention of resource damage from uncontrolled visitor-lit fires and potential harm to nesting sea turtles.

Section 2.15 Pets

2.15(a)(1) Pets are prohibited from the boardwalks and the beach. In all other areas, they must be on a leash and waste must be removed by the owners.

Pets were determined to be detrimental to public health and safety. Canaveral National Seashore allowed pets on the beach from 1975 until 1981. During this period, pets were allowed on a leash. In 1981 a total of 181 warnings were given for dogs running loose and several incidents were recorded concerning dog fights and dogs biting humans. Pets also interfere with native wildlife on the beach. Due to the confined space on a boardwalk, pets and leashes may impede the safe flow of foot traffic.

Section 2.16 Horses and Pack Animals

2.16(g)(1) A permit is required for the use of horses or pack animals and must be approved prior to the scheduled use date. Each horse MUST have a current Coggins certificate. The use of horses or pack animals is permitted only in designated areas of Apollo Beach beachside. Feces from horses or pack animals must be removed from the Seashore. Horses must not be allowed to consume vegetation. Horses must be walked across specifically designated boardwalks unless a waiver has been obtained from the Superintendent, to ride across the boardwalk.

Commercial horseback or pack animal operations are not permitted within the park.

Horseback riding has been allowed since Canaveral National Seashore was created in 1975 and will continue unless it is determined to conflict with other Seashore activities. Horseback riding on the beach is prohibited from March 15 to December 15 due to sea turtle and shorebird nesting. Horseback riding is prohibited in the Playalinda district due to security concerns of NASA.

Section 2.2 Hunting

2.2(a) Waterfowl hunting is authorized within the boundaries of Canaveral National Seashore, only in designated areas administered by the U.S. Fish and Wildlife Service (hunting areas previously described). Hunter access along Beach Road is prohibited in USFWS hunting regulations. Vehicles left unattended alongside the road pose a safety

hazard to park traffic, impact routine maintenance operations, and are not in accordance with the desired aesthetics of this road as a Florida Scenic Highway.

Section 2.21 Smoking

2.21 Smoking is prohibited within the interior portions of and within 15 feet of entrance to all buildings due the health effects on visitors and employees.

Section 2.22 Property

2.22(a)(2) Visitors on authorized backcountry trips are permitted to leave vehicles unattended for the period specified on their camping permits. All sections of 2.22 apply.

Section 2.23 Recreational Fees

2.23 Fees are established as provided for in 36 CFR 71.2 and The Federal Land Recreation Enhancement Act, 16 USC 6801-6814. Collection of fees is suspended for the day on August 25th each year and additional “Fee Free” days approved by the Department of Interior and the National Park Service. When park closures are necessary for administrative or emergency needs and approved by the Superintendent fees will be suspended until the park or the respective park district re-opens.

Section 2.50 Special Park Uses

2.50(a)(4) Permits will be denied for activities that would adversely affect access to or operation of parking areas, restroom accommodations, or boardwalks.

2.50(a)(5) Commercial filming. Please refer specifically to 43 CFR 5.2.

Some still photography (if conditions are met). Please refer specifically to 43 CFR 5.2.

2.50(a)(6) Permits will be denied for activities that would adversely affect access to the beach or park water areas. Limits are placed on the location of special events due to the limited number of parking areas, limited points of access to the beach areas, and limited number of restrooms available.

Section 2.51 Public Assemblies, Meetings

2.51(e) Areas available for first amendment activities include specific parking lots designated as follows:

• In Playalinda District: Eddy Creek parking lot

• In Apollo District: parking lots 1

The dunes, boardwalks, or the seashore proper are not available for first amendment activities. The special park conditions are listed and located in page 13 and they are incorporated in the Special Use Permit required for this activity.

Section 2.52 Sale or Distribution of Printed Matter

2.52 The special park conditions are listed and located on page 7, which is part of the Special Use Permit for this activity.

Section 2.6 Sand Holes

Digging holes on the beach has been determined to be inherently dangerous. It is prohibited to dig a hole beyond knee deep or leaving it unattended. Visitors must fill in holes prior to leaving the park.

Digging holes on the beach is dangerous due to the weight and instability of sand. When a collapse occurs, rescue operations are hindered because as sand is being removed to free the victim, the hole created continues to collapse upon itself, making a successful rescue very difficult and dangerous. As the tide changes, sand holes near the water’s edge fill in and act like quicksand. In addition to the potential danger of suffocation, holes dug in the beach present a danger to lifeguards and Law Enforcement rangers patrolling the beach, biological technicians working at night in low-light conditions to protect sea turtle nests, and park visitors (especially small children) walking on the beach. Sand holes are also hazardous to wildlife and can trap nesting sea turtles and hatchlings.

Part 3 – BOATING AND WATER USE (PROHIBITED OPERATIONS)

Section 3.21 Swimming and Bathing

3.21(b) Swimming is permitted within the boundaries of Canaveral National Seashore, except where closed by the posting of signs.

Section 3.6 Boating and Water Use (prohibited operations)

3.6(h) Visitor launching of any type of vessel is prohibited along both sides of the park’s entrance road, this includes all of Beach Road, including the road shoulder areas, Vistas, and the grassy areas.

Launching is not allowed to the general public because the waters on the southern side of the road, as you’re heading east, are within the NASA Security buffer zone. Launching is only allowed for researchers with a valid permit and for cooperators conducting invasive plant treatment. Waters within the northern side of the road, as you’re heading east, are managed by the U.S. Fish and Wildlife Service. Designated launch sites are identified as follows:

• Apollo Beach paved boat ramp into Mosquito Lagoon

• Apollo Beach dirt boat ramp at #5 into Mosquito Lagoon

• Playalinda Beach boat ramp at Eddy Creek into Mosquito Lagoon

• Apollo Beach dirt boat ramp north of the Boat ramp into Mosquito Lagoon (canoes and kayaks)

• Apollo Beach dirt boat ramp at # 7 into Mosquito Lagoon (canoes & kayaks)

Part 4 – SPEED LIMITS

Section 4.21 Speed Limits

4.21(b) Unless otherwise designated, the speed limit of motorized vehicles traveling the road surface of Canaveral National Seashore will be a maximum of 35 miles per hour. The 35 mile per hour limit is selected as the maximum allowable safe limit due to a variety of factors, such as the large number and frequency of visitor vehicle access points, parking along the roadway, blind curves, bicyclists use, and unprotected water hazards along the roadway.

The speed limit is 15 miles per hour within all parking areas, other places of public assembly, and at emergency scenes.

Section 4.30 Bicycles

4.30(b) The beaches of Canaveral National Seashore are designated as a natural environment subzone, special use zone, and as such, the use of bicycles is permitted. It has been determined that the use of bicycles on the beaches of Canaveral National Seashore is not detrimental to the resources of the seashore and does not interfere with other visitor uses of the beach. Visitors must follow state law 316.2065, Chapter 316 Bicycle Regulations.

36 CFR § 1.5(a) (2) E-Bikes

E-bikes are new, emerging devices increasingly seen and used in parks and public lands. NPS regulations at 36 CFR 1.4 define an "electric bicycle" as a two- or three-wheeled bicycle with fully operable pedals and an electric motor. Over a year ago the park did an impact analysis and began allowing e-bikes in the park where traditional bikes are allowed. Traditional bicycle use in the park was analyzed in the 2014 General Management Plan Environmental Assessment and was found to have no adverse effect. In 2020, a categorical exclusion was done for compliance to allow for the addition of e- bike usage.

The park has reevaluated the use of e-bikes in the park using the decision tree and the information in the Executive Summary of the e-bike literature review. CANA has not experienced any adverse effects of allowing e-bikes and has found their use to be comparable to traditional bikes. Thus far, the park has not encountered any user conflicts.

After thorough review, the park has elected to allow e-bikes under the 36 CFR 1.4 and 4.30(I) authority.

Class 1 e-bikes are allowed where traditional bicycles are allowed. E-bikes are not allowed where traditional bicycles are prohibited. No e- bikes or bicycles are allowed on administrative roads.

Definition of E-bike

An e-bike is a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 hp) that provides propulsion assistance. A Federal definition of “low speed electric bicycle” is included in the Consumer Product Safety Act.

Many States have adopted policies for regulating e-bikes consistent with this Federal definition, including in some cases a labeling requirement identifying an e-bike’s compliance with the following classifications:

“Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

“Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

“Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

Devices with electric motors of 750 watts (1 hp.) or more of power and not included as Class 1, Class 2 or Class 3 in the classification system above should be managed as motor vehicles under 36 CFR part 4. Under 36 CFR 4.10, motor vehicles are allowed on park roads and on routes and areas designated for off-road motor vehicle use.