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Student Publications Homepage
ARTICLE CONTENTS
[Pages 243-278]
TOP OF ARTICLE
Introduction
I. The National Park System
A. The National Park Service Act of 1916 and Subsequent Amendments
B. Park Unit Enabling Legislation
C. Judicial Interpretations
1. The Scope of NPS’s Authority to Regulate
2. The Scope of the Exceptions Clause
D. NPS Management Policies
II. The Characteristics and Effects of Personal Watercraft
III. The Current Status of Personal Watercraft Law
A. Federal Law
B. State and Local Law
IV. The NPS Proposed Ban on Personal Watercraft
A. Text of the Proposed Rule
B. Background
C. Criticism
V. Analysis
A. NPS’s Proposed Ban Is a Reasonable Solution to a System-Wide Problem
1. A General PWC Ban Is Appropriate
2. The PWC Ban Does Not Violate the Organic Act’s “Use” Mandate
3. Singling Out PWC Use Is Within NPS’s Discretion
B. NPS Should Favor the Special Regulation Alternative for Authorizing
PWC Use
1. Applicable Regulations Should Be Read Narrowly in PWC Context
2. A PWC Ban in Units Established for Water-Related Recreation Does Not Per Se Violate Specified System Units’ Enabling Legislation
3. Policy Considerations Support a Stricter Approach
Conclusion
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