Forest Order 09-09-04-06: Occupancy and Use, Fire, Roads and Trails

Forest Order

Forest Order (pdf)

Order of the Forest Supervisor

Occupancy and Use Restrictions for the Superior National Forest

Under authority of the Act of Congress of June 4, 1897, 16 USC 551, and pursuant to the Secretary of Agriculture's Regulations set forth at 36 CFR 261.50(a) and 261.50(b), effective September 14, 2004, the following acts or omissions are prohibited on National Forest System lands, roads, and trails in St. Louis, Lake, and Cook Counties, Minnesota, on the Superior National Forest:

Fire

1. Possessing, discharging, or using any kind of firework or other pyrotechnic device. 36 CFR 261.52(f)
2. Operating or using an internal or external combustion engine without a spark arresting device properly installed, maintained, and in effective working order meeting either (1) Department of Agriculture, Forest Service Standard 5100-la; or (2) appropriate Society of Automotive Engineers (SAE) recommended practice J335(b) and J350(a). 36 CFR 261.52(j)
3. Violating any State law concerning burning, fires or which is for the purpose of preventing, or restricting the spread of fires. 36 CFR 261. 52(k)

National Forest System Roads and Trails

1. Operating any type of motor vehicle on Forest System roads that has been signed to temporarily prohibit such use. 36 CFR 261.54(d)
2. Using a road for commercial hauling without a permit or other written authorization. 36 CFR 261.54 (c)
3. Operating a vehicle in violation of the posted speed, load, weight, height, length, width, or in violation of State law. 36 CFR 261.54(d)
4. Operating a vehicle carelessly, recklessly, or without regard for the rights or safety of other persons or in a manner or at a speed that would endanger or be likely to endanger any person or property. 36 CFR 261.54(f)
5. Possessing an open beverage container that is defined as an alcoholic beverage by Minnesota State law (MS 169A.35), while operating a motor vehicle on or off Forest System roads. 36 CFR 261.58(bb)
6. Use of any type of traffic or mode of transport on a trail that has been signed to prohibit such use. 36 CFR 261.55(c)
7. Operating a vehicle on a trail in violation of posted width, weight, height, length, or in violation of State law. 36 CFR 261.55(d)

Occupancy and Use

1. Camping within a developed recreation site for a period longer than 14 days, except as otherwise posted. 36 CFR 261.58(a)
2. Camping for a period longer than 14 consecutive days at a single location, or longer than 30 consecutive days anywhere on National Forest lands. 36 CFR 261.58(a)
3. Entering or using a developed recreation site or portion thereof when that site or facility is posted closed. 36 CFR 261.SS(b)
4. Entering or remaining in a campground between 10 p.m. and 6 a.m., except those persons who are occupying such campgrounds. 36 CFR 261.58(c)
5. Using a developed campsite by more than nine (9) users unless otherwise posted. 36 CFR 261.58(f)
6. Parking or leaving a vehicle in violation of posted instructions. 36 CFR 261.58(9)
7. Parking or leaving a vehicle outside a parking space assigned to one's own camp unit within a developed recreation site. 36 CFR 261.58(h)
8. Possessing, parking, or leaving more than two (2) vehicles, except motorcycles or bicycles, per camp unit in a developed recreation site, except for designated overflow parking areas. 36 CFR 261.SS(i)
9. Being publicly nude in a developed recreation site. 36 CFR 261.58(j)
10. Possessing or operating a motorboat or watercraft in violation of State law. 36 CFR 261.58(n)
11. Storing or leaving a boat, canoe or watercraft, not used in conjunction with a current visit on National Forest System lands. 36 CFR 261.58(p)
12. Riding, hitching, tethering or hobbling a horse or other saddle or pack animal in violation of posted instructions. 36 CFR 261.SS(aa)
13. Possessing a beverage that is defined as an alcoholic beverage by Minnesota State law, by person(s) under the age of 21. 36 CFR 261.SS(bb)

Prohibited Camping Areas

1. Camping is prohibited at the areas listed below. 36 CFR 261.58(e):
   1. Mayhew Lake, Gunflint Ranger District; T65N, R2W, Section 34, NW¼
   2. Big Lake Camping Site, Kawishiwi Ranger District; T65N, R13W, Section 27, NW 1/4
   3. North Arm Burntside Lake, Kawishiwi Ranger District; T65N, R13, Section 27, NW¼
   4. Eight Pool Temperance River, Totte Ranger District; T59N, R4W, Section 30, SE¼
   5. Elephant Lake, Kawishiwi Ranger District; T66N, R19W, Section 23, Lot 5, and Lot 8
   6. Jeanette Lake well site, Lacroix Ranger District; T65N, R15W, Section 7, Lot 7
   7. Astrid Lake Portage, Lacroix Ranger District; T65N, R16W, Section 13, Lot 10

These restrictions are in addition to the general prohibitions found at 36 CFR Part 261, Subpart A, and will remain in effect from th date of this order until terminated or rescinded by the Forest Supervisor.

This order supersedes and rescinds Forest Order No 4909-04-02, Signed April 19, 2004.

Pursuant to 36 CFR 261.50(e), the following persons are exempt from this order:

1. Persons with a permit specifically authorizing the otherwise prohibited act or omission
2. Any Federal, State, or local officer or member of any organized rescue or fire fighting force in the performance of an official duty.

Dated this 10 day of September 2004, in Duluth, Minnesota.
Forest Supervisor
Superior National Forest

Violations of these prohibitions are punishable by a fine of not more than $5,000 for an individual, or $10,000 for an organization, or imprisonment for not more than 6 months, or both. [16 USC§ 551, 18 USC§§ 3559 and 3571].

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