(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
(i) Living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests.
(ii) Plants or the parts or products thereof.
(iii) Nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof.
(iv) A mineral resource or cave formation or the parts thereof.
(2) Introducing wildlife, fish or plants, including their reproductive bodies, into a park area ecosystem.
(3) Tossing, throwing or rolling rocks or other items inside caves or caverns, into valleys, canyons, or caverns, down hillsides or mountainsides, or into thermal features.
(4) Using or possessing wood gathered from within the park area: Provided, however, That the superintendent may designate areas where dead wood on the ground may be collected for use as fuel for campfires within the park area.
(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the superintendent.
(6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or subbottom profiler.
This paragraph does not apply to:
(i) A device broken down and stored or packed to prevent its use while in park areas.
(ii) Electronic equipment used primarily for the navigation and safe operation of boats and aircraft.
(iii) Mineral or metal detectors, magnetometers, or subbottom profilers used for authorized scientific, mining, or administrative activities.
(b) The superintendent may restrict hiking or pedestrian use to a designated trail or walkway system pursuant to §§ 1.5 and 1.7. Leaving a trail or walkway to shortcut between portions of the same trail or walkway, or to shortcut to an adjacent trail or walkway in violation of designated restrictions is prohibited.
(c)(1) The superintendent may designate certain fruits, berries, nuts, or unoccupied seashells which may be gathered by hand for personal use or consumption upon a written determination that the gathering or consumption will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
(2) The superintendent may:
(i) Limit the size and quantity of the natural products that may be gathered or possessed for this purpose; or
(ii) Limit the location where natural products may be gathered; or
(iii) Restrict the possession and consumption of natural products to the park area.
(3) The following are prohibited:
(i) Gathering or possessing undesignated natural products.
(ii) Gathering or possessing natural products in violation of the size or quantity limits designated by the superintendent.
(iii) Unauthorized removal of natural products from the park area.
(iv) Gathering natural products outside of designated areas.
(v) Sale or commercial use of natural products.
(d) This section shall not be construed as authorizing the taking, use, or possession of fish, wildlife, or plants for ceremonial or religious purposes, except for the gathering and removal of plants or plant parts by enrolled members of an Indian tribe in accordance with § 2.6, or where specifically authorized by federal statutory law, treaty, or in accordance with § 2.2 or § 2.3.
Note 1 to § 2.1:
The Secretary's regulations concerning archeological resources are found in 43 CFR part 3. The regulations concerning paleontological resources are found in 43 CFR part 49.
[48 FR 30282, June 30, 1983, as amended at 81 FR 45037, July 12, 2016; 87 FR 47319, Aug. 2, 2022]
Notes of Decisions
Cited in
17
cases (
1 in the last 5 years), 1986–2024 · leading case:
United States v. Baca, 610 F. Supp. 2d 1203 (E.D. Cal. 2009).
United States v. Baca, 610 F. Supp. 2d 1203 (E.D. Cal. 2009).
· cites it 11× “3 ; and (2) for traversing a cultural resource in violation of 36 C.F.R. § 2.1 (a)(5). Baca raises three issues on appeal: (1) that the magistrate judge abused his discretion in refusing to recuse himself for creating the appearance of a lack of impartiality; (2) that there was…”
Mahoney v. Doe, 642 F.3d 1112 (D.C. Cir. 2011).
· cites it 2× “See 36 C.F.R. §§ 2.1 (a)(6), 2.31(a)(3).”
United States v. Knauer, 707 F. Supp. 2d 379 (E.D.N.Y 2010).
· cites it 10× “3 (d)(4) and harming or harassing wildlife in violation of 36 C.F.R. § 2.1 (a)(1)®. PROCEDURAL HISTORY On April 23, 2008, a bench trial was held before Magistrate Judge Go.”
United States v. Knauer, 635 F. Supp. 2d 203 (E.D.N.Y 2009).
· cites it 3× “3 (d)(4) and harming/harassing wildlife in violation of 36 C.F.R. § 2.1 (a)(1)® for harvesting horseshoe crabs from the waters of Jamaica Bay, a unit of Gateway National Recreation Area (“Gateway”).”
Edmonds Inst. v. Babbitt, 42 F. Supp. 2d 1 (D.D.C. 1999).
· cites it 2× “and it is subject to the arbitrary-and-capricious standard of review It is also relevant that the plaintiffs’ first amended complaint specifically alleges that the defendants have also violated the regulations implementing the NPSOA, including 36 C.F.R. § 2.1 (c)(3)(v), which…”
Mahoney v. Dist. of Columbia, 662 F. Supp. 2d 74 (D.D.C. 2009).
“resources,” 36 C.F.R. § 2.1 (a)(6), and of “real property” on park lands under federal legislative jurisdiction.”
Lathrop v. Unidentified, Wrecked & Abandoned Vessel, 817 F. Supp. 953 (M.D. Fla. 1993).
“See 36 C.F.R. § 2.1 . One month later, Plaintiff filed a Motion for Preliminary Injunction (the first motion), seeking to invoke this Court’s admiralty jurisdiction and to enjoin the United States from interfering with Plaintiffs maritime right of salvage.”
United States v. Carroll, 813 F. Supp. 698 (E.D. Mo. 1993).
· cites it 2× “§§ 2 and 371, by conspiring with John Christopher Vincent on or about September 14, 1992, to violate 36 C.F.R. §§ 2.1 (a)(5) [1] and 2.17(a)(3) [2] .”
Edmonds Inst. v. Babbitt, 93 F. Supp. 2d 63 (D.D.C. 2000).
· cites it 2× “” 36 C.F.R. § 2.1 (e)(3)(v). As explained below, this court disagrees with plaintiffs’ contentions and finds that defendants have offered a reasoned basis explaining how the CRADA is consistent with the organic statutes and regulations.”
Thomas v. United States, 696 F. Supp. 702 (D.D.C. 1988).
“Injuring federal property, including snow fencing, grass, and other vegetation or structures (See 36 C.F.R. § 2.1 (a) and § 2.31); 2. Failing to have dogs or cats entirely under control and caged or on a leash not more than six feet long (See 36 C.”
United States v. Moore, 640 F. Supp. 164 (S.D.W. Va 1986).
· cites it 3× “Foremost is the regulation found at 36 C.F.R. § 2.1 (a). It provides as follows: “Except as otherwise provided in this chapter, the following is prohibited: (1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state: (i) living or…”
Lunsford v. US Nat'l Park Serv. (D. Utah 2024).
· cites it 9× “First, 36 C.F.R. § 2.1 (a)(1)(iv) prohibits “[p]ossessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state” a “mineral resource or cave formation or the parts thereof.”
— 36 C.F.R. § 2.1(a) — 1 case
United States v. Baca, 610 F. Supp. 2d 1203 (E.D. Cal. 2009).
“3 ; and (2) for traversing a cultural resource in violation of 36 C.F.R. § 2.1 (a)(5). Baca raises three issues on appeal: (1) that the magistrate judge abused his discretion in refusing to recuse himself for creating the appearance of a lack of impartiality; (2) that there was…”
— 36 C.F.R. § 2.1(a)(1) — 1 case
— 36 C.F.R. § 2.1(a)(1)(ii) — 1 case
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