Barred from Fort Mchenry.

Started Feb 12, 2009 | Discussions thread
Joseph S Wisniewski Forum Pro • Posts: 34,130
Good examples, Gary...

Gary Papilsky wrote:

Hi Joseph,

Hi Gary.

So let me give you another example, I put on a website that I will
give you a guided tour of an NPS unit for a fee, you pay me and we go
to the unit and I give you the tour.

That is an excellent example. Thank you for being so specific.

I have violated park policy,

No, you have not. As long as all the money has changed hands before you and your customers enter the park, you have not conducted business in the park.

So, if you are within the rules for maximum size of a group, you are fine.

Collect any money in the park, whether its as big as the price of your tour or as small as 50 cents for a candy bar, and you are in violation of the rules concerning a CUA (commercial use authorization). I've conducted activities that required CUA, and activities that didn't, and had NPS management explain the difference to me.

because I cannot make a profit/living by giving guided tours without
prior approval. Think of what would happen if everyone decided to do
mule trains into the Grand Canyon.

In sections of the Grand Canyon under NPS administration, they would likely be in violation of rules concerning damage to the park (bringing in animals, and disposal of animal waste) and group sizes. There are also detailed rules unique to the Grand Canyon National Park

http://www.nps.gov/grca/planyourvisit/permits.htm#CP_JUMP_339863

concerning the operation of commercial tours (hiking, bicycle, and mule) that are not part of the "boilerplate" rules package on the Fort McHenry National Park website.

However, the original poster had neither mules, nor a group, nor was he in the Grand Canyon.

Lets say Buzz stated taking pictures of tourist and handing them his
card and telling them they can buy them later from his web site.

That is a violation of the rules against "engaging in business" and would requite a CUA.

But he didn't do that.

That is how the Ranger sees it.

That is totally incorrect. You are describing the "potential" to break rules, and we all have that potential. There are rules against activities that may damage the park, and we all have the potential to uproot small plants, tamper with wildlife, litter, etc. You cannot arrest or sanction someone because of what they "could do", only what they actually do.

I know that is not what he said, but that
is the scenario that the Ranger is looking for.

Then she would have to ban everyone, including herself.

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Rahon Klavanian 1912-2008.

Armenian genocide survivor, amazing cook, scrabble master, and loving grandmother. You will be missed.

Ciao! Joseph

http://www.swissarmyfork.com

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