The Law Mind

01/06/2025: Fine Schedule: US Forest Service

D.N.D. Standing Order — 01/06/2025: Fine Schedule: US Forest Service

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA IN THE MATTER OF: ) ) STANDING ORDER FORFEITURE OF COLLATERAL ) IN LIEU OF APPEARANCE FOR ) OFFENSE CITATIONS ISSUED BY ) THE UNITED STATES FOREST ) SERVICE ) The United States Attorney has submitted on behalf of the United States Department of Agriculture, Forest Service, a proposed bond and forfeiture schedule to be applicable to lands administered by the United States Forest Service in the State of North Dakota. The Court has reviewed the proposed schedule and finds it is within a range of comparable schedules approved for other agencies for comparable offenses. IT IS ORDERED that the Collateral Forfeiture Schedule of the Forest Service as set out in Exhibit 1, which is made part of this Order, is hereby adopted, effective the date of this Order. IT IS FURTHER ORDERED that this Collateral Forfeiture Schedule supersedes any and all previous Collateral Forfeiture Schedules adopted in the District of North Dakota for petty offenses under the jurisdiction of the United States Forest Service. IT IS FURTHER ORDERED that a copy of this Order be made a part of the record of standing orders of this Court and of the Central Violations Bureau pertaining to the clerical, administrative, and fiscal operations it maintains on behalf of this District. Dated this 6th day of January, 2025. /s/ Peter D. Welte Peter D. Welte, Chief Judge United States District Court PART 261 – PROHIBITIONS & COLLATERAL SCHEDULES FOR VIOLATIONS OF TITLE 36 CFR, PART 261 (FOR CFRs REVISED AS OF December 26, 2024) 261.3 INTERFERING WITH A FOREST OFFICER, VOLUNTEER, OR HUMAN RESOURCE PROGRAM ENROLLEE OR GIVING FALSE REPORT TO A FOREST OFFICER The following are prohibited: ND 3(a) Threatening, resisting, intimidating, or interfering with any Forest $500 Officer engaged in or on account of the performance of his/her official duties in the protection, improvement, or administration of the National Forest System. 3(b) Giving any false, fictitious, or fraudulent report or other information to $200 any Forest Officer engaged in or on account of the performance of his official duties knowing that such report or other information contains false, fictitious, or fraudulent statement or entry. 3(c) Threatening, intimidating, or intentionally interfering with any Forest $500 Officer, volunteer, or human resource program enrollee while engaged in, or on account of, the performance of duties for the protection, improvement, or administration of the National Forest System or other duties assigned by the Forest Service. [42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 FR 25450, June 21, 1984] 261.4 DISORDERLY CONDUCT The following are prohibited when committed intentionally to cause, or recklessly to create a substantial risk of causing, public alarm, nuisance, ND jeopardy, or violence: 4(a) Engaging in fighting or any threatening or other violent behavior. $200 4(b) Making an utterance or performing an act that is obscene or threatening $150 or that is made or performed in a manner that is likely to inflict injury or incite an immediate breach of peace. 4(c) Making noise that is unreasonable considering the nature and purpose of $125 for the conduct, location, and time. 1st offense $200 for 2nd Offense [89 FR 92815, November 25, 2024, 46 FR 33520, June 30, 1981] 261.5 FIRE The following are prohibited: ND 5(a) Carelessly or negligently throwing or placing any ignited substance or $400 other substance that may cause a fire. 5(b) Firing any tracer bullet or incendiary ammunition. $400 5(c) Causing timber, trees, slash, brush or grass to burn except as authorized $250 by permit. 5(d) Leaving a fire without completely extinguishing it. $250 5(e) Causing and failing to maintain control of a fire that is not a prescribed $250 fire that damages the National Forest System. 5(f) Building, attending, maintaining, or using a campfire without removing $150 all flammable material from around the campfire adequate to prevent its escape. 5(g) Negligently failing to maintain control of a prescribed fire on Non- $250 National Forest System lands that damages the National Forest System. 5(h) Possessing or using an exploding target or any kind of firework or other $250 pyrotechnic device. Possessing $500 Using 5(i) Violating any State law concerning burning or fires or any State law that $350 is for the purpose of preventing or restricting the spread of fire. 5(j) Operating or using any internal or external combustion engine without $100 a spark arresting device that is properly installed, maintained, and in effective working order in accordance with USDA Forest Service Standard 5100-1. [89 FR 92815, November 25, 2024; 42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 73 FR 30307, May 27, 2008] 261.6 TIMBER & OTHER FOREST PRODUCTS The following are prohibited: ND 6(a) Cutting or otherwise damaging any timber, tree, or other forest product, $200 except as authorized by special use authorization, timber sale contract, Federal Law or Reg 6(b) Cutting any standing tree, under permit or timber sale contract, before a $250 Forest Officer has marked it or has otherwise designated it for cutting. 6(c) Removing any timber or other forest product cut under permit or timber sale $500 contract, except to a place designated for scaling, or removing it from that place before it is scaled, measured, counted, or otherwise accounted for by a Forest Officer. 6(d) Stamping, marking with paint, or otherwise identifying any tree or other $500 forest product in a manner similar to that employed by Forest Officers to mark or designate a tree or any other forest product for cutting or removal. 6(e) Loading, removing, or hauling timber or other forest product acquired under $250 any permit or timber sale contract unless such product is identified as Comm. required in such permit or contract. $150 non- Comm. 6(f) Selling or exchanging any timber or other forest product obtained under free $350 use pursuant to Sec. 223.5 thru 223.11. 6(g) Violating any timber export or substitution restriction in Sec. 223.160 thru $500 223.164. 6(h) Removing any timber, tree, or other forest product, except as authorized by $175 permit, timber sale contract, Federal Law, or Reg. 6(i) Violating the Forest Resources Conservation and Shortage Relief Act of $500 1990 (16 U.S.C. 620, et seq.), or its implementing regulations at 36 CFR 223.185-223.203. [42 FR 2957, Jan. 14, 1977; 42 FR 24739, May 16, 1977, as amended at 49 FR 25450, June 21, 1984; 51 FR 1250, Jan. 10, 1986; 60 FR 46934, Sept. 8, 1995] 261.7 LIVESTOCK The following are prohibited: ND 7(a) Placing or allowing unauthorized livestock to enter or be in the National $250 Forest System or other lands under Forest Service control. + $50 per animal per day 7(b) Not removing unauthorized livestock from the National Forest System or $250 other lands under Forest Service control when requested by a Forest Officer. 7(c) Failing to reclose any gate or other entry. $100 7(d) Molesting, injuring, removing, or releasing any livestock impounded under $200 262.10 while in the custody of the Forest Service or its authorized agents. [42 FR 35959, July 13, 1977, as amended at 51 FR 1251, Jan. 10, 1986] 261.8 FISH & WILDLIFE The following are prohibited to the extent Federal or State Law is violated: ND 8(a) Hunting, trapping, fishing, catching, molesting, killing, or having in Current possession any kind of wild animal, bird, or fish, or taking the eggs of State Bond any such bird. Or $200 if no State Bond Available 8(b) Possessing a firearm or other implement designed to discharge a missile $200 capable of destroying animal life. 8(c) Possessing equipment which could be used for hunting, fishing, or $200 trapping. 8(d) Possessing a dog not on a leash or otherwise confined. $50 8(e) Curtail the free movement of any animal or plant life into or out of a cave, $100 except as authorized to protect a cave resource. 42 FR 2957, Jan. 14, 1977; as amended at 46 FR 33520, June 30, 1981; 59 FR 31152, June 17, 1994] 261.9 PROPERTY The following are prohibited: ND 9(a) Damaging any natural feature or other property of the United States. $250 9(b) Removing any natural feature or other property of the United States. $250 9(c) Damaging any plant that is classified as a threatened, endangered, $200 sensitive, rare, or unique species. 9(d) Removing any plant that is classified as a threatened, endangered, $200 sensitive, rare, or unique species. 9(e) Entering any building, structure, or enclosed area owned or controlled by $300 the United States when such building, structure, or enclosed area is not open to the public. 9(f) Using any pesticide except for personal use as an insect repellent or as $200 provided by special use authorization for other minor uses. 9(g) Digging in, excavating, disturbing, injuring, destroying, or in any way $500 damaging any prehistoric, historic, or archaeological resource, structure, site, artifact, or property. 9(h) Removing any prehistoric, historic, or archaeological resource, structure, $500 site, artifact, property. 9(i) Excavating, damaging, or removing any cave resource from a cave without a $300 special use authorization, or removing any cave resource for commercial purposes. 9(j) Damaging or removing without authorization any personal property that $250 belongs to another person. [89 FR 92815, November 25, 2024; 46 FR 33520, June 30, 1981, as amended at 49 FR 25450, June 21, 1984; 51 FR 30356, Aug. 26, 1986; 59 FR 31152, June 17, 1994; 80 FR 21629, Apr. 17, 2015] 261.10 OCCUPANCY & USE The following are prohibited: ND 10(a) Constructing, placing, or maintaining any kind of road, trail, structure, $300 fence, enclosure, communications equipment, sign, or other improvement on National Forest System lands or facilities or making a significant surface disturbance on National Forest System lands without a special use authorization, contract, approved plan of operations, or other written authorization when that written authorization is required. 10(b) Construction, reconstructing, improving, maintaining, occupying, or using $200 a residence on National Forest System lands unless authorized by a special- use authorization or approved operating plan when such authorization is required. 10(c) Selling or offering for sale any merchandise or conducting any kind of work $300 activity or service unless authorized by Federal law, regulation, or special- use auth 10(d) Discharging a firearm or any other implement capable of taking human life, $300 causing injury, or damaging property as follows: (1) In or within 150 yards of a residence, building, campsite, developed recreation site or occupied area, or (2) Across or on a National Forest System road or a body of water adjacent thereto, or in any manner or place whereby any person or property is exposed to in-jury or damage as a result in such discharge. (3) Into or within any cave. 10(e) Leaving personal property unattended for longer than 72 hours, except in $200 locations where longer periods have been designated. 10(f) Placing a vehicle or other object in such a manner that it is an impediment $100 or hazard to the safety or convenience of any person. 10(g) Commercial distribution of printed material without a special-use $75 authorization 10(h) When commercially distributing printed material, delaying, halting, or $100 preventing administrative use of an area by the Forest Service or other scheduled or existing uses or activities on National Forest System lands; misrepresenting the purposes or affiliations of those selling or distributing the material; or misrepresenting the availability of the material without cost. 10(i) Operating or using in or near a campsite, developed recreation site, or over $75- an adjacent body of water without a permit, any device which produces 1st noise, such as a radio, television, musical instrument, motor or engine, in offense such a manner and at such a time so as to unreasonably disturb any person. $150 2nd Offense 10(j) Operating or using a public address system, whether fixed, portable, or $100 vehicle mounted, in or near a campsite or developed recreation site or over an adjacent body of water without a special-use authorization. 10(k) Use or occupancy of National Forest System land or facilities without $250 special-use authorization when such authorization is required. 10(l) Violating any term or condition of a special-use authorization, contract or $150 approved operating plan. 10(m) Failing to stop a vehicle when directed to do so by a Forest Officer. $175 10(n) Failing to pay any special-use fee or other charges as required. $100 10(o) Use or occupancy of National Forest System lands or facilities without $500 a special use authorization, contract, approved plan of operations, or 1st offense other written authorization when that written authorization is required. $1000 2nd offense 10(p) Knowingly or intentionally possessing any controlled substance in $500 violation of Federal law. 10(q) Knowingly or intentionally possessing any drug paraphernalia in $250 violation of State law. 10(r) Possessing any alcoholic beverage in violation of State law. $150 10(s) Providing any alcoholic beverage to a minor in violation of State law. $400 [89 FR 92815-92816, November 25, 2024; 42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 FR 25450, June 21, 1984; 53 FR 16550, May 10, 1988; 59 FR 31152, June 17, 1994; 60 FR 45295, Aug. 30, 1995; 66 FR 3218, Jan. 12, 2001; 69 FR 41965, July 13, 2004; 73 FR 65999, Nov. 6, 2008] 261.11 SANITATION The following are prohibited: ND 11(a) Depositing in any toilet, toilet vault, or plumbing fixture, any substance $200 which could damage or interfere with the operation or maintenance of the fixture. 11(b) Possessing or leaving refuse, debris, or litter in an exposed or unsanitary $150 condition. 11(c) Placing in or near a stream, lake, or other water any substance which $300 does or may pollute a stream, lake, or other water. 11(d) Failing to dispose of all garbage, including any paper, can, bottle, $200 sewage, wastewater, or material, or rubbish either by removal from the site or area, or by depositing it into receptacles or at places provided for such purposes. 11(e) Dumping of any refuse, debris, trash, or litter brought as such from $500 private property or from land occupied under permit, except where a container, dump, or similar facility has been provided and is identified as such, to receive trash generated from private lands or lands occupied under permit. [42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981] 261.12 NATIONAL FOREST SYSTEM ROADS & TRAILS The following are prohibited: ND 12(a) Violating the load, weight, height, length, or width limitations $100 prescribed by State law except by special-use authorization or written agreement or by order issued under Sec. 261.54 of this Chapter. 12(b) Failing to have a vehicle weighed at a Forest Service weighing station, $100 if required by a sign. 12(c) Damaging and leaving in a damaged condition any such road, trail, or $300 segment thereof. 12(d) Blocking, restricting, or otherwise interfering with the use of a road, $150 trail, or gate. 12(e) Operating a motor vehicle without a valid license as required by State Current law. State Bond Or $100 if no State Bond Available 12(f) Operating a motor vehicle while under the influence of an alcoholic MA beverage or a controlled substance in violation of State law. 12(g) Operating a motor vehicle in violation of any State law other than those Current described in paragraph (e) or (f) of this section. State Bond Or $100 if no State Bond Available 12(h) Operating a vehicle or motor vehicle carelessly, recklessly, or in a 200 manner or at a speed that would endanger or be likely to endanger any Careless person or property. 350 Reckless, or in a manner or at a speed… 12(i) Operating a motor vehicle in violation of a posted sign or traffic control $100 device. Speed as follows: 1-10 over $100 11-20 over $200 20+ over $500 [89 FR 92816, November 25, 2024; 42 FR 2957, Jan. 14, 1977, as amended at 46 FR 33520, June 30, 1981; 49 FR 25450, June 21, 1984; 55 FR 25832, June 25, 1990] 261.13 MOTOR VEHICLE USE ND 13 After National Forest System roads, National Forest System trails, and $250 areas on National Forest System lands have been designated pursuant to 36 CFR 212.51 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on a motor vehicle use map, it is prohibited to possess or operate a motor vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations, provided that the following vehicles and uses are exempted from this prohibition: (a) Aircraft; (b) Watercraft; (c) Over-snow vehicles; (d) Limited administrative use by the Forest Service; (e) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes; (f) Authorized use of any combat or combat support vehicle for national defense purposes; (g) Law enforcement response to violations of law, including pursuit; (h) Motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations; and Use of a road or trail that is authorized by a legally documented right-of- way held by a State, county, or other local public road authority. [70 FR 68291, Nov. 09, 2005] 261.14 USE BY OVER SNOW VEHICLE ND 14 After National Forest System roads, National Forest System trails, and areas on National Forest System lands have been designated for over- $250 snow vehicle use pursuant to 36 CFR 212.81 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on an over-snow vehicle use map, it is prohibited to possess or operate an over-snow vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations, provided that the following vehicles and uses are exempted from this prohibition: (a) Limited administrative use by the Forest Service; (b) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes; (c) Authorized use of any combat or combat support vehicle for national defense purposes; (d) Law enforcement response to violations of law, including pursuit; (e) Use by over-snow vehicles that is specifically authorized under a written authorization issued under Federal law or regulations; and Use of a road or trail that is authorized by a legally documented right-of- way held by a State, county, or other local public road authority. [80 FR 4512, Jan. 28, 2015] 261.15 USE OF VEHICLES OFF ROAD It is prohibited to operate any vehicle off National Forest System, State or County roads: ND 15(a) Without a valid license as required by State law. $75 15(b) Without an operable braking system. $75 15(c) From 1/2 hour after sunset to 1/2 hour before sunrise unless equipped $100 with working head & taillights. 15(d) In violation of any applicable noise emission standard established by any $50 Federal or State agency. 15(e) While under the influence of an alcoholic beverage or a controlled $500 substance in violation of State law. 15(f) Creating excessive or unusual smoke. $75 15(g) Carelessly, recklessly, or in a manner or at a speed that endangers or is $200 likely to endanger any person or property. Careless $350 Reckless, or speed 15(h) In a manner which damages or unreasonably disturbs the land, wildlife, $350 or vegetative resources. 15(i) In violation of State law established for vehicles used off roads. Current State Bond Or $100 if no State Bond Available [89 FR 92816, November 25, 2024; 42 FR 2957, Jan. 14, 1977, as amended at 42 FR 35959, July 13, 1977; 66 FR 3218, Jan. 12, 2001. Re-designated at 70 FR 68291, Nov. 9, 2005] 261.16 DEVELOPED RECREATION SITES The following are prohibited: ND 16(a) Occupying any portion of the site for other than recreation purposes. $75 16(b) Building, attending, maintaining, or using a fire outside of a fire ring $75 provided by the Forest Service for such purpose or outside of a stove, grill, or fireplace. 16(c) Cleaning or washing any personal property, fish, animal, or food or bathing or $50 washing at a hydrant or water faucet not provided for that purpose. 16(d) Discharging or igniting a firecracker, rocket, or other firework, or explosive. $300 16(e) Occupying between 10 p.m. & 6 a.m. a place designated for Day Use Only $75 16(f) Failing to remove all camping equipment or personal property when vacating $150 the area or site. 16(g) Placing, maintaining, or using camping equipment except in a place specifically $75 designated or provided for such equipment. 16(h) Without permission, failing to have at least one person occupy a camping area $75 during the first night after camping equipment has been set up. 16(i) Leaving camping equipment unattended for more than 24 hours without $75 permission. 16(j) Bringing in or possessing an animal, other than a service animal, unless it is $50 crated, caged, or upon a leash not longer than six feet, or otherwise under physical restrictive control. 16(k) Bringing in or possessing in a swimming area an animal, other than a service $50 animal. 16(l) Bringing in or possessing a saddle, pack, or draft animal except as authorized $50 by posted instructions. 16(m) Operating or parking a motor vehicle or trailer except in places developed or $50 designated for this purpose. 16(n) Operating a bicycle, motorbike, or motorcycle on a trail unless designated for $75 this use. 16(o) Operating a motorbike, motorcycle, or other motor vehicle for any purpose 1st other than entering or leaving the site. $75 2nd $150 16 (p) Depositing any bodily waste except into receptacles provided for that $250 purpose. 261.17 RECREATION FEES ND 17 Failure to pay any recreation fee is prohibited. Notwithstanding 18 U.S.C. $50 3571(e), the fine imposed for the first offense of nonpayment shall not exceed $100. 261.18 NATIONAL FORES WILDERNESS The following are prohibited in a National Forest Wilderness: ND 18(a) Possessing or using a motor vehicle, motorboat, or motorized equipment $500 except as authorized by Federal Law or regulation. 18(b) Possessing or using a hang glider or bicycle. $300 18(c) Landing of aircraft, or dropping or picking up of any material, supplies, or $500 person by means or aircraft including a helicopter. 261.21 NATIONAL FOREST PRIMITIVE AREAS The following are prohibited in any area classified as a National Forest Primitive Area on Sep 3, 1964: ND 21(a) Landing of aircraft or using a motorboat unless such use had become well $500 established before September 3, 1964. 21(b) Possessing or using a motor or motorized equipment, except small battery $300 powered, hand-held devices, such as cameras, shavers, flashlights, and Geiger-counters. 261.22 UNAUTHORIZED USE OF “SMOKEY BEAR” & “WOODSY OWL” SYMBOL The following are prohibited: ND 22(a) Manufacture, importation, reproduction, or use of “Smokey Bear” except as $100 provided under Sec. 271.2, 21.3, or 271.4, is prohibited 22(b) Manufacture, importation, reproduction, or use of “Woodsy Owl” except as $100 provided under Sec. 271.2, 21.3, or 271.4, is prohibited 261.23 WILD FREE ROAMING HORSES & BURROS The following are prohibited: ND 23(a) Removing or attempting to remove a wild free-roaming horse or burro from $250 the National Forest System unless authorized by law or regulation. 23(b) Causing or allowing the inhumane treatment or harassment of a wild $250 free-roaming horse or burro. 23(c) Removing or attempting to remove, alter or destroy any official mark used $250 to identify a wild horse or burro or its remains unless authorized or permitted by law or regulation. 23(d) Violating any terms or conditions specified in a care and maintenance $200 agreement or permit. 261.52 FIRE When provided by an order, the following are prohibited: ND 52(a) Building, maintaining, attending, or using a fire, campfire, or stove $250 fire. Or $350 When in Fire Restrictions 52(b) Using an explosive. $500 52(c) Smoking. $150 52(d) Smoking, except within an enclosed vehicle or building, at a recreation $200 site, or while stopped in an area at least 3 feet in diameter that is barren or cleared of all flammable material. 52(e) Entering or being in an area. $300 52(f) Entering an area without any firefighting tool prescribed by the order. $100 52(g) Operating an internal combustion engine. $100 52(h) Welding, or operating an acetylene or other torch with open flame. $250 261.53 SPECIAL CLOSURES When provided by an order, it is prohibited to go into or be in any area which is closed or restricted for the protection of: ND 53(a) Threatened, endangered, rare, unique, or vanishing species of plants, $200 animals, birds, or fish. 53(b) Special biological communities. $150 53(c) Objects or areas of historical, archaeological, geological, or $300 paleontological interest. 53(d) Scientific experiments or investigations. $300 53(e) Public health or safety. $150 53(f) Property. $100 53(g) The privacy of tribal activities for traditional and cultural purposes. MA Closure to protect the privacy of tribal activities for traditional and cultural purposes must be requested by an Indian tribe; is subject to approval by the Forest Service; shall be temporary; and shall affect the smallest practicable area for the minimum period necessary for activities of the requesting Indian tribe. 261.54 NATIONAL FOREST SYSTEM ROADS When provided by an order, the following are prohibited: ND 54(a) Using any type of vehicle prohibited by the order. $200 54(b) Use by any type of traffic prohibited by the order. $200 54(c) Using a road for commercial hauling without a permit or written $200 authorization. 54(d) Operating a vehicle in violation of the speed, load, weight, height, Current length, width, or other limitations specified by the order. State Bond Or $100 if no State Bond Available 54(e) Being on the road. $200 261.55 NATIONAL FOREST SYSTEM TRAIL When provided by an order issued in accordance with Sec. 261.50 of this subpart, the following are prohibited on a National Forest System Trail: ND 55(a) Being on the trail. $200 55(b) Using any type of vehicle prohibited by the order. $200 55(c) Use by any type of traffic or mode of transport prohibited by the order. $200 55(d) Operating a vehicle in violation of the width, weight, height, length, or Current other limitations specified by the order. State Bond or $75 if no State Bond Available 55(e) Shortcutting a switchback in a trail. $150 261.56 USE OF VEHICLES OFF NATIONAL FOREST SYSTEM ROADS ND 56 When provided by an order, it is prohibited to possess or use a vehicle off $200 National Forest System roads. 261.57 NATIONAL FOREST WILDERNESS When provided by an order, the following are prohibited: ND 57(a) Entering or being in the area. $100 57(b) Possessing camping or pack outfitting equipment, as specified in the order. $100 57(c) Possessing a firearm or firework. $150 Firearm 300 Firework 57(d) Possessing any non-burnable food or beverage containers, including $100 deposit bottles, except for non-burnable containers designed and intended for repeated use. 57(e) Grazing. $100 57(f) Storing equipment, personal property or supplies. $250 57(g) Disposing of debris, garbage, or other waste. $200 57(h) Possessing or using a wagon, cart, or other vehicle. $300 261.58 OCCUPANCY & USE When provided by an order, the following are prohibited: ND 58(a) Camping for a period longer than allowed by the order. $200 58(b) Entering or using a recreation site or portion thereof. $75 58(c) Entering or remaining in a campground during night periods prescribed in $75 the order except for persons who are occupying such campgrounds. 58(d) Occupying a recreation site with prohibited camping equipment $50 prescribed by the order. 58(e) Camping. $75 58(f) Using a campsite or other area described in the order by more than the $150 number of users allowed by the order. 58(g) Parking or leaving a vehicle in violation of posted instructions. $150 58(h) Parking or leaving a vehicle outside a parking space assigned to one’s own $25 camp unit. 58(i) Possessing, parking, or leaving more than two vehicles, except $25 motorcycles or bicycles per camp unit. 58(j) Being publicly nude. $100 58(k) Entering or being in a body of water. $100 58(l) Being in the area after sundown or before sunrise. $75 58(m) Discharging a firearm, air rifle, or gas gun. $300 58(n) Possessing or operating a motorboat. $100 58(o) Water skiing. $75 58(p) Storing or leaving a boat or raft. $50 58(q) Operating any watercraft in excess of a posted speed limit. $75 58(r) Launching a boat except at a designated launching ramp. $75 58(s) Possessing, storing, or transporting any bird, fish, or other animal or parts 1st thereof, as specified in the order. offense $150 2nd offense $400 58(t) Possessing, storing, or transporting any part of a tree or other plant, as $100 specified in the order. 58(u) Being in the area between 10 p.m. and 6 a.m. except a person who is $150 camping or who is visiting a person camping in that area. 58(v) Hunting or fishing. $150 58(w) Possessing or transporting any motor or mechanical device capable of $75 propelling a watercraft through water by any means. 58(x) Using any wheel, roller, or other mechanical device for the overland $75 transportation of any watercraft. 58(y) Landing of aircraft, or dropping or picking up any material, supplies, or $500 person by means of an aircraft, including a helicopter. 58(z) Entering or being on lands or waters within the boundaries of a component $200 of the National Wild and Scenic Rivers System. 58(aa) Riding, hitching, tethering, or hobbling a horse or other saddle or pack $50 animal in violation of posted instructions. 58(bb) Possessing an alcoholic beverage. $200 58(cc) Possessing or storing any food or refuse, as specified in the order. 1st offense $150 2nd offense $400 58(dd) [Reserved] - 58(ee) Depositing any body waste in caves except into receptacles provided for $150 that purpose. [89 FR 92816, November 25, 2024; 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] NOTE In the presence of aggravated circumstances, i.e. where the result of a person’s actions exceeds the bond, when it can be shown that the person had been fully informed of the prohibition prior to the violation or when a serious threat exists to forest property, resources or personnel, an enhanced bond forfeiture of up to $1000 may be established on any violation of preceding Subpart A or B Prohibitions. Special Agent or Patrol Captain approval is required for enhancing bond on a Notice of Violation, form FS-5300-4. An analysis of the violation and circumstances, including recidivism, must be conducted prior to the issuance of any Notice of Violation with enhanced bond. Justification, including name of authorizing Officer or Agent must be included in the probable cause statement on such Notice of Violation, form FS-5300-4. Inappropriate demeanor by itself will not necessarily constitute aggravated circumstances. Mandatory Appearances: may only be required after consultation with and approval of a Patrol Captain, Special Agent, or an Assistant U.S. Attorney.
Official source: https://www.ndd.uscourts.gov/StandingOrders/2025_01_06.pdf · retrieved 2026-07-23