When provided by an order, the following are prohibited:
(a) Camping for a period longer than allowed by the order.
(b) Entering or using a recreation site or portion thereof.
(c) Entering or remaining in a campground during night periods prescribed in the order except for persons who are occupying such campgrounds.
(d) Occupying a recreation site with prohibited camping equipment prescribed by the order.
(e) Camping.
(f) Using a campsite or other area described in the order by more than the number of users allowed by the order.
(g) Parking or leaving a vehicle in violation of posted instructions.
(h) Parking or leaving a vehicle outside a parking space assigned to one's own camp unit.
(i) Possessing, parking or leaving more than two vehicles, except motorcycles or bicycles per camp unit.
(j) Being publicly nude.
(k) Entering or being in a body of water.
(l) Being in the area after sundown or before sunrise.
(m) Discharging a firearm, air rifle, or gas gun.
(n) Possessing or operating a motorboat.
(o) Water skiing.
(p) Storing or leaving a boat or raft.
(q) Operating any watercraft in excess of a posted speed limit.
(r) Launching a boat except at a designated launching ramp.
(s) Possessing, storing, or transporting any bird, fish, or other animal or parts thereof, as specified in the order.
(t) Possessing, storing, or transporting any part of a tree or other plant, as specified in the order.
(u) Being in the area between 10 p.m. and 6 a.m. except a person who is camping or who is visiting a person camping in that area.
(v) Hunting or fishing.
(w) Possessing or transporting any motor or mechanical device capable of propelling a watercraft through water by any means.
(x) Using any wheel, roller, or other mechanical device for the overland transportation of any watercraft.
(y) Landing of aircraft, or dropping or picking up any material, supplies, or person by means of an aircraft, including a helicopter.
(z) Entering or being on lands or waters within the boundaries of a component of the National Wild and Scenic Rivers System.
(aa) Riding, hitching, tethering or hobbling a horse or other saddle or pack animal in violation of posted instructions.
(bb) Possessing an alcoholic beverage.
(cc) Possessing or storing any food or refuse, as specified in the order.
(dd) [Reserved]
(ee) Depositing any body waste in caves except into receptacles provided for that purpose.
[42 FR 2597, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 43 FR 32136, July 25, 1978; 46 FR 33521, June 30, 1981; 52 FR 19347, May 22, 1987; 59 FR 31152, June 17, 1994; 89 FR 92816, Nov. 25, 2024]
Notes of Decisions
Billings v. Wyoming Bd. of Outfitters & Prof'l Guides, 2004 WY 42 (Wyo. 2004).
· cites it 8× “) The complaint also alleged that Billings had violated significant federal regulations pertaining to wildlife, game, and fish by (1) improperly disposing of a mule carcass, in violation of 36 C.F.R. § 261.58 (s); and (2) caching items in the wilderness without permission from…”
United States v. Thomas Kriesel, Jr., 720 F.3d 1137 (9th Cir. 2013).
· cites it 2× “16(c)); water skiing in an area where prohibited by order ( 36 C.F.R. § 261.58 (o)); allowing a pet dog off its leash ( 36 C.”
United States v. Hells Canyon Guide Serv., Inc., an Oregon Corp., & Forest O. Garrigus, Jr., Individually, 660 F.2d 735 (9th Cir. 1981).
“36 C.F.R. § 261.58 (z). On May 22, 1979, pursuant to these regulations, Forest Order 3 was issued jointly by the Forest Supervisors of the Payette, Nez Perce, and Wallowa-Whitman National Forests, prohibiting: “Entering or being on the waters in any rivercraft, amphibious craft,…”
United States v. Lex, 300 F. Supp. 2d 951 (E.D. Cal. 2003).
“See 36 C.F.R. § 261.58 (a). A Klamath National Forest order, issued pursuant to section 261.”
Riverhawks v. Zepeda, 228 F. Supp. 2d 1173 (D. Or. 2002).
“Beginning in 1979, the Forest Service acquired regulatory duties over the wild segment, and in 1986, the Forest Service required special use permits for commercial motorboat use pursuant to 36 C.F.R. § 261.58 (z). AR Comp. 1173-77.”
United States v. Karen S. Harper, 946 F.2d 1373 (8th Cir. 1991).
“10 (a), and also with camping within the National Forest for more than thirty days, in violation of 36 C.F.R. § 261.58 (a). After trial before the Court sitting without a jury, she was found guilty.”
United States v. Tooley, 521 F. App'x 644 (10th Cir. 2013).
“§ 551 and 36 C.F.R. § 261.58 (e). We affirm. BACKGROUND On November 19, 2010, the government filed a one-count information against Mr.”
Raleigh Amesbury v. Marsha Kearney, 154 F. App'x 118 (11th Cir. 2005).
“Amesbury also alleged that he was again unlawfully arrested and imprisoned in April 2003 based on a separate incident at the same site, claiming that Florida Fish & Wildlife Conservation Commission Officer Thomas Groff wrongfully wrote him a state citation for parking in a…”
United States v. Mollee McWhorter (4th Cir. 2020).
· cites it 2× “McWhorter was convicted by a magistrate judge of possessing less than two ounces of marijuana in the George Washington and Jefferson National Forest, in violation of 36 C.F.R. § 261.58 (t) (2019). The magistrate judge imposed a $10 fine and a $10 special assessment.”
United States v. Stone, 121 F. App'x 812 (10th Cir. 2005).
· cites it 2× “Stone was found guilty by a magistrate judge of camping longer than permitted in a National Forest in violation of 36 C.F.R. § 261.58 (a). The district court affirmed Stone’s conviction and he now appeals pro se.”
United States v. Monica Francis (9th Cir. 2018).
“Monica Francis was convicted after a trial before a magistrate judge of violating 36 C.F.R. § 261.58 (a) by camping for a period longer than that allowed by * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.”
United States v. Tooley (10th Cir. 2013).
“§ 551 and 36 C.F.R. § 261.58 (e). We affirm. BACKGROUND On November 19, 2010, the government filed a one-count information against Mr.”
— 36 C.F.R. § 261.58(s) — 1 case
Billings v. Wyoming Bd. of Outfitters & Prof'l Guides, 2004 WY 42 (Wyo. 2004).
“) The complaint also alleged that Billings had violated significant federal regulations pertaining to wildlife, game, and fish by (1) improperly disposing of a mule carcass, in violation of 36 C.F.R. § 261.58 (s); and (2) caching items in the wilderness without permission from…”
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