Gulf Islands National Seashore; Personal Watercraft

Issuing agencies

Abstract

The National Park Service revises special regulations governing the use of personal watercraft at Gulf Islands National Seashore. This rule reduces the distance of flat wake speed zones from certain shorelines and codifies existing closures at West Petit Bois Island and the Fort Pickens ferry pier.

Full Text

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<title>Federal Register, Volume 91 Issue 162 (Monday, August 24, 2026)</title>
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[Federal Register Volume 91, Number 162 (Monday, August 24, 2026)]
[Rules and Regulations]
[Pages 54661-54664]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17198]


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DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 7

[NPS-GUIS-41942; PPSEGUISA0 PPMPSAS1Z.Y00000]
RIN 1024-AE55


Gulf Islands National Seashore; Personal Watercraft

AGENCY: National Park Service, Interior.

ACTION: Final rule.

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SUMMARY: The National Park Service revises special regulations 
governing the use of personal watercraft at Gulf Islands National 
Seashore. This rule reduces the distance of flat wake speed zones from 
certain shorelines and codifies existing closures at West Petit Bois 
Island and the Fort Pickens ferry pier.

DATES: This rule is effective September 23, 2026.

ADDRESSES: The comments received on the proposed rule are available on 
<a href="http://www.regulations.gov">http://www.regulations.gov</a> in Docket ID: NPS-2021-0001.

FOR FURTHER INFORMATION CONTACT: Richard A. Clark, Superintendent, Gulf 
Islands National Seashore, <a href="/cdn-cgi/l/email-protection#314358525a6e525d50435a715f41421f565e47"><span class="__cf_email__" data-cfemail="790b101a12261a15180b123917090a571e160f">[email&#160;protected]</span></a>, (850) 934-2600/(228) 
230-4100. Individuals in the United States who are deaf, deafblind, 
hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States.

SUPPLEMENTARY INFORMATION:

Background

    Gulf Islands National Seashore (the Seashore) encompasses the 
longest stretch of federally protected seashore in the United States. 
The Seashore includes seven barrier islands that span nearly 160 miles, 
coastal mainland, and adjacent waters in the northeastern part of the 
Gulf of Mexico. The Seashore comprises 139,175 acres within Mississippi 
and Florida, 4,630 acres of which (consisting of Horn and Petit Bois 
Islands) are designated wilderness. The resources of the Seashore vary 
widely, including marine, bayou, salt marsh, live oak, and southern 
magnolia forests.
    Congress established the Seashore in 1971 in order to preserve for 
public use and enjoyment areas possessing outstanding natural, 
historic, and recreational values. 16 U.S.C. 459h(a). The National Park 
Service (NPS) administers the Seashore as a unit of the National Park 
System and has the authority to regulate the use of and management of 
the Seashore as it considers necessary or proper. 54 U.S.C. 100751(a). 
This includes the authority to regulate boating and other activities on 
waters located within System units that are subject to the jurisdiction 
of the United States. 54 U.S.C. 100751(b).
    The Seashore is one of the most heavily visited units in the 
National Park System. The Seashore attracts several million visitors 
from throughout the nation, who come to enjoy the beach and cultural 
and historic features. More than 80% of the Seashore is marine habitat 
and accessible only by boat or other watercraft. Many visitors use 
personal watercraft (PWC) to access and enjoy the Seashore.

Compliance and PWC Regulations

    NPS general regulations at 36 CFR 3.9 state that PWC may be used 
only where authorized by special regulation and only in the 21 System 
units that are identified in those regulations, including the Seashore. 
In 2006, the NPS promulgated special regulations to manage the use of 
PWC at the Seashore. 71 FR 26244 (May 4, 2006). These regulations, 
which are codified at 36 CFR 7.12, establish where PWC may be used, how 
they may be operated, and where they may be landed. Among other things, 
they permit PWC use in all waters of the Seashore where other motorized 
vessels are allowed.
    In 2008, Bluewater Network and The Wilderness Society filed a 
lawsuit claiming that the environmental assessment (EA) supporting the 
special regulations was inadequate and violated the National 
Environmental Policy Act, the NPS Organic Act, and the Administrative 
Procedure Act. In 2010, the U.S. District Court for the District of 
Columbia held that the impact analysis in the EA was inadequate and 
remanded the EA to the NPS. Bluewater Network v. Salazar, 721 F. 
Supp.2d 7 (D.D.C. 2010). The court did not vacate the special 
regulations, however, which have continued to govern the use of PWC 
within the Seashore.
    In June 2019, consistent with the court's decision, the NPS 
completed a Final Personal Watercraft Plan/Environmental Impact 
Statement (FEIS) that contains a more comprehensive analysis of the 
impacts of PWC use within the Seashore. The Record of Decision (ROD) 
for this project was originally approved by the NPS Regional Director 
of Interior Region 2 on August 13, 2019. The NPS then revised the 
selected alternative to remove a

[[Page 54662]]

prohibition on PWC landing below the mean high tide on Horn and Petit 
Bois Islands. On December 17, 2020, the Acting Regional Director signed 
an amended ROD with the PWC landing prohibition removed but all other 
elements of the original selected action retained. The NPS believes the 
selected alternative will protect natural and cultural resources at the 
Seashore, minimize conflicts between various users, and promote visitor 
safety while allowing for a variety of recreational experiences. A copy 
of the FEIS, ROD, and amended ROD which contain a full description of 
the purpose and need for taking action, the alternatives considered, 
maps, the environmental impacts associated with the rule, and the basis 
for the selected alternative, can be found online at <a href="https://parkplanning.nps.gov/guis-PWC-EIS">https://parkplanning.nps.gov/guis-PWC-EIS</a>, by clicking on the link entitled 
``Document List.''

Final Rule

    This rule implements the selected alternative identified in the 
amended ROD for the management of PWC use within the Seashore. The 
selected alternative maintains the existing special regulations at 36 
CFR 7.12, except as explained below.

Flat Wake Zones

    The existing special regulations prohibit the use of PWC at more 
than flat wake speed less than 0.5 miles from (i) either side of the 
pier of West Ship Island, and (ii) the shorelines of West Ship Island 
and the designated wilderness islands of Horn and Petit Bois. The 
existing flat wake speed zone extends 300 yards from all other 
shorelines within the Seashore. This rule reduces the size of the flat 
wake zone to (i) 300 yards from any shoreline in Mississippi (including 
the shorelines of Ship, Horn and Petit Bois islands) and (ii) 150 yards 
from any shoreline in Florida. Establishing consistent flat-wake zone 
distances within each district of the Seashore (Florida and 
Mississippi) should result in increased compliance with and easier 
enforcement of flat-wake zones. Reducing the size of the flat-wake 
zones will benefit visitors who use PWC by creating more freedom to 
operate PWC at higher speeds. The boundaries of the flat wake zones are 
based on near-shore bathymetric information and research on PWC impacts 
to submerged aquatic vegetation that shows that in a water depth of 3 
feet or more, PWC have little negative impact to seagrass beds 
(Continental Shelf Associates 1997; MDNR 2002). The average distance 
from shorelines in the Florida district to the 3-foot depth contour is 
150 yards. The 300 yard flat wake zone in the Mississippi district is 
based on the average distance to the 4-foot depth contour because 
similar 3-foot bathymetric data were not available for Mississippi. NPS 
law enforcement staff may place temporary floating buoys in the water 
as reference points to show PWC users what 150 yards and 300 yards from 
the shoreline looks like. This will be done on an as-needed basis, 
determined by NPS personnel, and will likely occur on select high-use 
days and weekends.

Other Modifications

    The existing special regulations allow PWC use anywhere within the 
Seashore except at specific locations listed in the regulations. 36 CFR 
7.12(c)(1). This rule adds two locations to the list of closed areas: 
(i) the lakes, ponds, lagoons, and inlets of West Petit Bois Island in 
the Mississippi District; and (ii) within 200 feet of the ferry pier at 
Fort Pickens in the Florida District. West Petit Bois Island is a fast-
changing barrier island. According to historic aerial imagery at the 
time the existing special regulations were promulgated in 2006, West 
Petit Bois Island did not have lakes, ponds, or inlets as it does now. 
The Fort Pickens ferry pier did not exist in 2006. Construction was 
completed in 2012. These closures have been implemented for years using 
the superintendent's discretionary authority in 36 CFR 1.5 to establish 
closures that are necessary for the protection of public safety and 
natural resources. They are consistent with existing closures in the 
special regulations that prohibit PWC use (i) in the lakes, ponds, 
lagoons, and inlets of other islands within the Seashore; and (ii) 
within 200 feet of the fishing piers at Fort Pickens. 36 CFR 
7.12(c)(1).
    This rule also replaces references to West Ship Island and East 
Ship Island in the existing regulations with a reference to Ship 
Island. In 2019, West Ship Island and East Ship Island were restored to 
a single island as part of the Mississippi Coastal Improvements Program 
Comprehensive Barrier Island Restoration Project.

Summary of Public Comments

    The NPS published a proposed rule in the Federal Register on 
January 15, 2021 (86 FR 3903). The NPS accepted public comments on the 
proposed rule for 60 days via the mail, hand delivery, and the Federal 
eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Comments were 
accepted through March 16, 2021. The NPS received eight comments on the 
proposed rule. Several comments supported the proposed rule and did not 
raise any issues or suggest any changes. A summary of the pertinent 
issues raised in other comments and responses to them are provided 
below. Several comments raised concerns about the environmental impacts 
of PWC use. The NPS provides a brief response to these comments below. 
More information about the environmental impacts of PWC use under the 
selected alternative can be found in the FEIS, including responses to 
comments on the FEIS that are available in Appendix J. After 
considering the public comments on the proposed rule and after 
additional review, the NPS did not make any changes in the final rule.
    1. Comment: One commenter recommended the NPS ban PWCs on all 
public waterways within the National Park System.
    NPS Response: Although PWC use may not be appropriate in some units 
of the National Park System that have navigable waters, there are other 
units where it may be appropriate and creates another way for the 
American public to responsibly recreate and access park areas. The NPS 
prepared the FEIS and conducted a robust scientific analysis of the 
impacts of PWC use at the Seashore. Although the impact analysis in the 
FEIS indicates that resources at the Seashore would be affected as a 
result of continued PWC use, it concludes that those impacts would not 
rise to an unacceptable level, and that park resources would continue 
to exist in a condition that would allow visitors to enjoy them now and 
into the future.
    2. Comment: One commenter stated that reducing the size of the flat 
wake zones based upon the average distance from shore that reaches a 
target water depth does not adequately protect submerged resources that 
are shallower than the target water depth but outside of the flat wake 
zones. This commenter suggested the NPS extend the flat wake zones 
further from shore to adequately protect these resources.
    NPS Response: As described in Appendix J of the FEIS, the NPS 
acknowledges that the flat-wake zone distances established by this rule 
would expose additional submerged aquatic vegetation (SAV) habitat to 
impacts from PWC use. Although this would allow full throttle PWC use 
in a greater amount of shallow-water SAV habitat, impacts to SAV would 
be minimal because PWCs do not have propellers, which can cause 
physical damage to SAV, and are operated mostly above water when 
traveling at full speed. This is consistent with the findings from the 
PWC studies in 1997 and 2002 (Continental Shelf Associates 1997; MDNR 
2002). Impacts could occur as a result of sudden starts in shallow-
water

[[Page 54663]]

SAV habitat, which can cause ``blowouts.'' However, such impacts would 
be localized and the NPS does not anticipate that those impacts would 
be noticeable in large areas of SAV.
    3. Comment: Several commenters suggested that reducing the size of 
the flat wake zones will cause erosion to shoreline areas from 
increased PWC wake.
    NPS Response: The FEIS describes the potential impacts to shoreline 
habitats from erosion. Because of their light hulls and shallow drafts, 
PWCs cause only relatively small wakes. For this reason, the FEIS 
concludes that PWC use is not expected to result in a measurable amount 
of shoreline erosion when compared to storms and other natural events. 
This rule establishes 300 yard flat-wake zones in the Mississippi 
District and 150 yard flat wake zones in the Florida District. These 
distances are considerable and will limit impacts from PWC wake to 
shorelines.
    4. Comment: One commenter stated that reducing the flat wake zones 
around Horn and Petit Bois islands does not align with the stated goals 
of the Wilderness Act to preserve the natural conditions of wilderness. 
This commenter suggested that extending the flat wake zones further 
from shore would benefit those seeking a quiet and primitive 
recreational experience on the islands in a manner that would outweigh 
any adverse impacts to PWC users from having to reduce speed or take a 
longer route around the islands.
    NPS Response: As stated in the FEIS, the NPS recognizes that 
reducing the size of flat-wake zones from existing conditions would 
result in increased noise levels from PWC use adjacent to wilderness. 
The 300 yard flat wake zone around the wilderness islands, however, 
will continue to provide a buffer to reduce the effects of PWC noise on 
visitors to the wilderness areas. The impacts to qualities of 
wilderness character will be minimal due to the low level of PWC use 
around the Mississippi District islands (as shown on pages 25-26 of the 
FEIS). Also, the NPS expects that continued transition to newer, 
quieter PWC models over time will result in reduced impacts to 
wilderness over the long term.
    5. Comment: One commenter suggested that the benefits produced by 
flat wake zones in the form of less erosion and disruption to the 
shoreline ecosystem outweigh any costs to commercial businesses. This 
commenter suggested that the goals of increased compliance and more 
effective enforcement of flat wake zones could be achieved by extending 
the flat wake zones further from shore in a uniform manner.
    NPS Response: As described in the FEIS and discussed above, the NPS 
does not expect PWC use at the Seashore under this rule to result in 
measurable erosion impacts or disruption of shoreline ecosystems due to 
the relatively small wakes created by PWCs and the implementation of 
150 and 300 yard flat-wake zones. The economic analysis prepared for 
this rule concluded that the changes would not have any effect on 
regional businesses that provide services to PWC users (e.g., PWC 
rental companies) because the rule is unlikely to affect visitation 
levels at the Seashore. The revised flat-wake zone distances in the 
FEIS were based on water depths and limiting impacts to SAV beds. As 
described in the FEIS, extending flat-wake zones further from the 
shorelines will not provide substantial environmental benefits. The NPS 
believes that the scientifically-based flat-wake zones in the rule 
provide a reasonable balance between environmental protection and 
recreation and access by the American public.
    6. Comment: One commenter recommended the NPS place floating buoys 
along the entire shoreline in order to reduce confusion by the public 
about where wake is prohibited.
    NPS Response: The NPS considered placing buoys along the entire 
shoreline but determined that the effort necessary to install and 
maintain the buoys and their anchors would be too labor intensive and 
costly. Installing buoys requires anchors to be screwed into the 
seafloor or set in place with 600-pound anchor blocks, which during 
installation and storm events could disturb the seafloor sediments, 
water resources, benthic organisms, seagrass roots, and essential fish 
habitat. In addition, the visual impacts of large numbers of buoys 
would hamper the viewshed and the visitor experience. The selected 
alternative considers the use of a limited number of temporary floating 
buoys to mark the boundary of the flat-wake zone on high visitation 
days.

Compliance With Other Laws, E.O.s, and Department Policy

Regulatory Planning and Review (E.O.s 12866 and 14192)

    This rule has been determined to be not significant for purposes of 
E.O 12866. This rule is a ``one-time'' enabling regulation that expands 
consumption options for the American public by increasing opportunities 
for recreation at the Seashore. As a result, this rule qualifies as an 
E.O. 14192 deregulatory action pursuant to M-25-20, ``Guidance 
Implementing Section 3 of Executive Order 14192, Titled `Unleashing 
Prosperity Through Deregulation' '' issued by the Office of Management 
and Budget, Office of Information and Regulatory Affairs, on March 26, 
2025.

Regulatory Flexibility Act (5 U.S.C. 601 et seq.)

    This rule will not have a significant economic effect on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). This certification is based on information 
contained in the economic analyses found in the report entitled ``Final 
Economic Analysis of the Personal Watercraft Rule at Gulf Islands 
National Seashore.'' The document can be found online at <a href="https://parkplanning.nps.gov/guis-PWC-EIS">https://parkplanning.nps.gov/guis-PWC-EIS</a>, by clicking on the link entitled 
``Document List.''

Congressional Review Act (CRA)

    This rule is not a major rule under 5 U.S.C. 804(2), the CRA. This 
rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.)

    This rule does not impose an unfunded mandate on State, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on State, 
local or tribal governments or the private sector. It addresses public 
use of national park lands, and imposes no requirements on other 
agencies or governments. A statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.

Takings (E.O. 12630)

    This rule does not effect a taking of private property or otherwise 
have takings implications under Executive Order 12630. A takings 
implication assessment is not required.

Federalism (E.O. 13132)

    Under the criteria in section 1 of Executive Order 13132, the rule 
does not have sufficient federalism

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implications to warrant the preparation of a Federalism summary impact 
statement. This rule only affects use of federally-administered lands 
and waters. It has no outside effects on other areas. A Federalism 
summary impact statement is not required.

Civil Justice Reform (E.O. 12988)

    This rule complies with the requirements of Executive Order 12988. 
This rule:
    (a) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (b) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

Consultation With Indian Tribes (E.O. 13175 and Department Policy)

    The Department of the Interior strives to strengthen its 
government-to-government relationship with Indian Tribes through a 
commitment to consultation with Indian tribes and recognition of their 
right to self-governance and tribal sovereignty. The NPS has evaluated 
this rule under the criteria in Executive Order 13175 and under the 
Department's tribal consultation policy and has determined that tribal 
consultation is not required because the rule will have no substantial 
direct effect on federally recognized Indian tribes. Nevertheless, in 
support of the commitment of the Department of the Interior and the NPS 
for government-to-government consultation, the NPS submitted a letter 
to 14 Indian tribes during the development of the FEIS. The Choctaw 
Nation of Oklahoma responded that the locations considered in the FEIS 
are within the Nation's area of historic interest, and because of the 
potential adverse impact to the coastal sites, requested to be a 
consulting party. NPS staff held a conference call with representatives 
of the Muscogee Creek Nation, Jena Band of Choctaw Indians, and Choctaw 
Nation of Oklahoma to discuss their concerns. The tribal 
representatives expressed concern over looting and vandalism, but were 
not very concerned about wakes from PWC damaging resources. The NPS 
explained how law enforcement actions and closures established by the 
superintendent when necessary could help address their concerns.

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)

    This rule does not contain information collection requirements, and 
a submission to the Office of Management and Budget under the Paperwork 
Reduction Act is not required. We may not conduct or sponsor and you 
are not required to respond to a collection of information unless it 
displays a currently valid OMB control number.

National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et 
seq.)

    This rule implements, in part, a comprehensive management action 
for PWC at the Seashore that constitutes a major Federal action 
significantly affecting the quality of the human environment. The NPS 
has prepared the FEIS, ROD and amended ROD under the National 
Environmental Policy Act of 1969. A copy of the FEIS, ROD and amended 
ROD, which contain a full description of the purpose and need for 
taking action, the alternatives considered, maps, the environmental 
impacts associated with this rule, and the basis for the selected 
alternative can be found online at <a href="https://parkplanning.nps.gov/guis-PWC-EIS">https://parkplanning.nps.gov/guis-PWC-EIS</a>, by clicking on the link entitled ``Document List.''

Effects on the Energy Supply (E.O. 13211)

    This rule is not a significant energy action under the definition 
in Executive Order 13211; the rule is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy, and the 
rule has not otherwise been designated by the Administrator of OIRA as 
a significant energy action. A Statement of Energy Effects is not 
required.

List of Subjects in 36 CFR Part 7

    National parks, Reporting and Recordkeeping requirements.

    For the reasons stated in the preamble, and under the authority of 
54 U.S.C. 100751, the National Park Service amends 36 CFR part 7, as 
set forth below:

PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM

0
1. The authority citation for part 7 continues to read as follows:

    Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also 
issued under D.C. Code 10-137 and D.C. Code 50-2201.07.


0
2. Amend Sec.  7.12 by revising paragraph (c)(1)(i) and (iii), (c)(2), 
(c)(3) introductory text and (c)(3)(i) to read as follows:


Sec.  7.12   Gulf Islands National Seashore.

* * * * *
    (c) * * *
    (1) * * *
    (i) The lakes, ponds, lagoons, and inlets of Cat Island, Ship 
Island, Horn Island, West Petit Bois Island, and Petit Bois Island;
* * * * *
    (iii) Within 200 feet from the remnants of the old fishing pier at 
Fort Pickens, within 200 feet from the new fishing pier at Fort 
Pickens, and within 200 feet from the ferry pier at Fort Pickens; and
* * * * *
    (2) PWC may not be operated at greater than flat wake speed in the 
following locations:
    (i) Within 300 yards from all shorelines in Mississippi; and
    (ii) Within 150 yards from all shorelines in Florida.
    (3) PWC are allowed to land at any point along the shore except as 
follows:
    (i) PWC are prohibited on any shoreline adjacent to the closed 
areas listed in paragraph (c)(1) of this section; and
* * * * *

Kevin J. Lilly,
Principal Deputy Assistant Secretary, Exercising the Delegated 
Authority of the Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2026-17198 Filed 8-21-26; 8:45 am]
BILLING CODE 4312-52-P


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