36 CFR PART 1
GENERAL PROVISIONS
(a)(1) Visiting hours, public use limits, closures. and areas designated for specific use or activities .
VISITING HOURS
- Big Cypress National Preserve: is open 24-hours-per-day, with the following exceptions:
- Nathaniel P. Reed Visitor Center: is generally open from 9:00 a.m. to 4:30 p.m., 7 days a week. Closed Christmas Day
- Oasis Visitor Center: is generally open from 9:00 a.m. to 4:30 p.m., 7 days a week. Closed Christmas Day
- Big Cypress National Preserve Headquarters: is generally open from 8:00 a.m. to 3:30 p.m. Monday-Friday
- Kirby Storter Boardwalk: day use area is open one hour before dawn and closes one hour after sunset
- H.P. Williams Boardwalk: day use area is open one hour before dawn and closes one hour after sunset
- Turner River Canoe Launch: day use area is open one hour before dawn and closes one hour after sunset
Determination: Preserve visitor contact stations are open based upon personnel availability and may be closed on holidays. Areas are closed at night for the security of facilities. Overnight parking, night hikes and stargazing may be authorized with prior permission.
CLOSURES
Miccosukee Tribe of Indians of Florida and Seminole Tribe of Florida religious sites are closed to public use and the closure extends 1/2 mile around designated sites.
Public use closure does not preclude the National Park Service from carrying out normal operational responsibilities.
Determination: This regulation ensures that local federally recognized Native American tribes can conduct religious and ceremonial activities with privacy. The National Park Service and Big Cypress National Preserve have additional legislative obligations beyond the Native American Graves Protection and Repatriation Act (NAGPRA)
During the bald eagle nesting period, October 1 to May 15, the area extending 1500 feet outward from the designated nest tree is closed to public use.
Determination: This restriction is necessary to protect bald eagles during a critical phase of their life cycle.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Big Cypress National Preserve is prohibited except as approved in writing by the Superintendent.
Definition: The term "unmanned aircraft" means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quad copter, drones) that are used for any purposes, including recreation or commerce.
Determination: The prohibition will minimize potential environmental and/or public safety impacts of unmanned aircraft use. The Preserve provides important wildlife habitat. Unmanned aircraft can disturb wildlife, including species protected by the Migratory Bird Treaty Act, Endangered Species Act, and other federal and state laws and regulations.
The following areas are closed to motorized vessels and airboats:
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- Turner River Canoe Trail: north and south of Highway 41
Determination: The General Management Plan (GMP) designates this section of the Turner River as a canoe trail, and this closure ensures that conflicts of use with motorized vessels will not occur.
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- Preserve borrow pits: Only non-motorized boats are permitted in Preserve borrow pits.
Determination: This closure is implemented to mitigate safety hazards associated with operation of motorized vessels on a small body of water and to reduce noise impacts in campground areas.
Use of Electric Personal Assistive mobility and similar devices:
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- Use of Electric Personal Assistive Mobility Devices as defined in FL Statutes Title XXIII Chapter 316.003 on roads, streets, bicycle paths and sidewalks are governed by FL Statutes Title XXIII Chapter 316.2068.
- Use of Electric Personal Assistive devices by persons with disabilities as a means of mobility is authorized on surfaces open to pedestrian traffic.
- Electric Personal Assistive devices used by persons with disabilities as a means of mobility must be operated at a speed no greater than pedestrian walking pace and in a manner consistent with pedestrian traffic. The safe operation of Electric Personal Assistive devices is dependent on their integration into the normal flow of pedestrian traffic.
Determination: The National Park Service has set a goal of ensuring that all people, including persons with disabilities, have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards. These areas have surfaces amenable to safe operation of Electric Personal Assistive devices.
The following areas are closed to hunting, shooting, and dressing of game:
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- All designated developed campgrounds that include; Bear Island, Pink Jeep, Gator head, Midway, Monument, Pinecrest, Mitchells Landing, and Burns Lake campgrounds
- Oasis Visitor Center
- Nathaniel P. Reed Visitor Center
- Big Cypress National Preserve Headquarters Complex
- Environmental Education Field Use Areas on Birdon Road
- Loop Road Ranger Station
- Kirby Storter Boardwalk
- HP Williams
- Boat ramps at Sea Grape Drive, Dona Drive and Turner River Canoe Launch
- Loop Road Environmental Education Center and hiking trail
- Birdon Road Environmental Education Hiking trail and picnic area
The boundary of the NO SHOOTING, NO HUNTING, and NO DRESSING GAME zone for these areas is 1600 feet (0.3 miles) from the perimeter of stated facility.
Determination: This restriction will help prevent a conflict of use and potential visitor safety issues by preventing the discharge of weapons in close proximity to occupied areas. It will also help prevent wildlife interactions, and nuisance behavior of wildlife in campgrounds.
The following areas are closed to fishing:
- Turner River canoe launch
- Turner River canal from the bridge on U.S. Highway 41 to 1/10-mile north
- Fishing is prohibited from all wildlife viewing boardwalks including:
- Nathaniel P. Reed Visitor Center Boardwalk
- Oasis Visitor Center Boardwalk
- Kirby Storter Boardwalk
- H.P. Williams Boardwalk
Determination: This prohibition is for public use and safety and reduces the possibility of alligators becoming habituated to human presence, of their being fed by humans through the discarding of bait or unwanted catch, and the disturbance of alligator behavior in an area set aside for the viewing of wildlife in a natural state.
The following areas are closed to swimming: This regulation does not apply to customary uses by members of the Seminole Tribe of Florida and Miccosukee Tribe of Indians of Florida.
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- Burns Lake Campground Borrow Pit
- Gator Head Campground Borrow Pit
- Midway Campground Borrow Pit
- Monument Lake Campground Borrow Pit
Determination: This prohibition reduces the possibility of alligators that may have become habituated to human presence from presenting a safety problem.
Additionally, the borrow pits have little or no sloping shoreline but do have steep drop offs which create an additional hazard in their use.
The following areas are closed to the public:
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- Preserve Headquarters Complex, except for official business during posted hours
- Oasis Visitor Center Complex
- Airstrip
- Aviation Hanger
- Maintenance and Living Areas
- Loop Road Education Center
- Environmental Education Field Use Areas on Birdon Road (closed Oct.1st-Apr.1st)
- Fire Operations Center
- Deep Lake Fire building
- Employee residential areas
Determination: These areas are closed to public use for the security and safety of the residents and operational needs. Employees, residents of park housing and guests are permitted to use the swimming pool and Pavilion from 6:00 AM until 10:00 PM
The Eleven Mile Road is closed to the public except for the following authorized vehicles:
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- Petroleum industry vehicles
- Vehicles of persons hired to carry out the activities essential to oil exploration and production
- Government vehicles
- Vehicles/ORVs of mineral owners whose lands are in active exploration or production
Access by vehicles of mineral owners shall be limited to activities directly associated with pursuing or protecting mineral interests.
Off-road vehicles may cross Eleven Mile Road at designated locations, but may not travel on the road.
Authorized vehicles using Eleven Mile Road must use citizen band radios at designated intervals.
Pedestrians may cross Eleven Mile Road at any time, but may not walk along the road.
Determination: Eleven Mile Road and its authorized uses are restricted in order to mitigate safety and enhance environmental protection. Reference Florida Statute 68A-11.007 - Eleven-Mile Rd, Big Cypress Wildlife Management Area.
Motor vehicle access into the Bear Island Unit from State Road 29 is prohibited except for the following:
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- Government vehicles
- Exempt landowners, lessees and their guests
- Public utility vehicles providing service within the unit
- Vehicles of mineral owners whose lands are in active exploration or production
- Petroleum industry vehicles
- Vehicles of persons hired to carry out the activities essential to oil exploration and production
- Holders of Permits, issued by the Superintendent 's Office; including Special Use Permits, Scientific Collection Permits, Administrative Acess Permits, and Authorizations.
Determination: The area at this intersection is part of the "Addition Lands'' and is not currently designated for vehicle use at this time.
See specific sections in this document for additional information regarding designated areas and conditions for engaging in certain activities.
§1.5-Closures and public use limits.
§1.5(a)(2) Designation of areas for specific use or activities.
The following types of fiming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
- Outdoor filming activities (outside of areas managed as wilderness) involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:
- maintain public health and safety;
- protect environmental or scenic values;
- protect natural or cultural resources;
- allow for equitable allocation and use of facilities; or
- avoid conflict among visitor use activities.
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.
The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 days advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
The following are prohibited:
- Engaging in a filming activity without providing advance notice to the Superintendent when required.
- Engaging in a filming activity with a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.
- Violating a term and condition of a permit issued under this action.
Violating a term or condition of a permit issued under this action may also result in the suspension and revocation of the permit by the Superintendent.
Determination: The NPS has a legal obligation to protect the resources within the National Park System and to provide for visitor enjoyment of the same. In recent years, the NPS has seen an increase in low impact filming activities within the park areas. These activities involve minimal equipment and crews, such as individuals or small groups that film using smartphones or other handheld devices, in many cases with nothing more than a tripod for equipment. These types of productions are highly unlikely to need a permit because the potential for impacts to resources and the visitor experience is no greater than the potential for impacts from visitors engaged in casual filming. This is true whether or not the footage is used for commercial purposes, such as posting footage online for profit.
However, not all filming activities are low impact. Projects with multiple people or complex filming operations may adversely impact park resources and visitor enjoyment. 36CFR1.5(a)(2) allows superintendents to impose restrictions on activities within park areas when necessary for: the maintenance of public health and safety; protection of environmental or scenic values; protection of natural and cultural resources; aid to scientific research; implementation of management responsibilities; equitable allocation and use of facilities; or the avoidance of conflict among visitor use activities.
Activities Prohibited unless authorized in writing by the Superintendent
- §1.5(a)Access to inholdings via Off Road Vehicle (ORV)
- §1.5(a) ORV use
- §1.5(a) Backcountry access
- §1.5 Scientific research
- §2.5 Collecting research specimens
- §2.12(a)(2) Operating a powered saw in developed areas
- §2.12(a)(3) Operating a portable motor or engine in undeveloped areas
- §2.12(a)(4) Operating a public address system
- §2.17(a)(3) Air delivery
- §2.37 Non-Commercial soliciting
- §2.38(a) Using, possessing, storing, or transporting explosives, blasting agents, or explosive materials
- §2.50(a) Special events
- §2.51(a) Public assemblies and meetings
- §2.52(a) Sale and distribution of printed materials
- §2.60(a)(1),(2) Grazing
- §2.61(a) Residing on federal lands
- §2.62(a) Installing a monument or other commeorative installation
- §2.62(b) Scattering of human ashes
- §3.19 Operation of a submersible
- §5.1 Commercial notices or advertisements
- §5.3 Commercial operations
- §5.5 Commercial photography or filming
- §5.7Construction or repair of any building, structure, facility, road, trail, or airstrip on federal lands.
- §9.9(a) Mining operations or an approved Plan of Operations (in lieu of permit)
- §9.32(a) Oil and gas operations
Off Road Vehicle (ORV) Use
Off Road Vehicle use within Big Cypress National Preserve is authorized by 36 CFR, §7.86, the Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000), and the Big Cypress National Preserve -- Addition, Final General Management Plan/Wilderness Study/Off-Road Vehicle Management Plan/Environmental Impact Statement (2010). This regulation has been refined and is under the authority of hte Superintendent found in 36 CFR §1.5 and §1.6 §1.5(a)(2) Designated areas and conditions for specific use or activity, and §1.6.
ORV Access Points: Authorized Use:
ORVs shall only be operated on open, designated trails and through designated access points.
The following units of the Preserve allow for ORV use and are designated to type of ORV permitted. Maps are available at the Oasis Visitor Center, Nathaniel P. Reed Visitor Center, and the Preserve's web site: http://www.nps.gov/bicy/planyourvisit/orv-use.htm
Bear Island Unit (BIU)
- Swamp Buggy
- All-Terrain Vehicle (ATV)
- Street Legal 4X4 Vehicle
- Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Points (See BIU ORV map)
Turner River Unit (TRU)
- Swamp Buggy
- All-Terrain Vehicle (ATV)
- Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Points (See TRU ORV map)
- Turner River North
- Concho Billie
- Windmill Tram
- Burns Lake
- Skillet Strand North
Corn Dance Unit (CDU)
- Swamp Buggy
- All-Terrain Vehicle (ATV)
- Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Points (See CDU ORV map)
Stairstep Unit - this unit is further subdivided by zone
Zone 2
- Swamp Buggy
- All-Terrain Vehicle (ATV)
- Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at the designated Access Point (See Stairsteps ORV map)
Zone 3
- Swamp Buggy
- All-Terrain Vehicle (ATV)
- Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Points (See Stairsteps ORV map)
Zone 4
Designated airboat trails width is 100 feet, 50 feet on either side of the marked center line of trail. A straight-line path from trail marker to trail marker denotes the center line of trail.
Permitted ORVs must enter/depart the unit at designated Access Points (See Stairsteps ORV map)
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Mitchell's Landing
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Boundary Line
Areas Closed to ORV Use
Florida National Scenic Trail (FNST):
In order to avoid or minimize user conflicts and to meet the intent of the National Trails System Act of 1968 (16 U.S.C. 1241-1249), ORV travel on the FNST is prohibited. ORVs may cross the FNST at or near a right angle on trails designated for ORV use.
Addition Lands:
Stairsteps Unit:
Zone 1 Closed to all ORV use
All National Park Service (NPS) lands located in the Addition Lands are closed to the use of recreational off-road vehicles (ORV) until designated as open by the Superintendent.
Nightly Closures:
Recreational ORV use is prohibited throughout the Preserve between 10:00 PM and 5:00 AM
Superintendent Closures:
The Superintendent will announce all seasonal, hydrologic, Threatened & Endangered (T&E) Species and safety closures by issuing a Superintendent's order in accordance with § 1.5 and §1.7 of 36 CFR.
Determination: Hydrologic conditions resulting in high or low water levels that place greater than normal stress on wildlife may result in the prohibition or limitation of recreational ORV use. Safety Closures during periods of time when conditions present a safety hazard to visitor use, recreational and/or non-recreational ORV use may be prohibited or limited for visitor protection. Threatened and Endangered Species protection closures are used to avoid impacts and provide the greatest opportunity for species recovery.
Definitions and Specifications Related to ORVs
Designated Trail: A trail that has been authorized for public ORV use by the Superintendent, and appears on a current Big Cypress National Preserve ORV Trail map delineating the trail within the appropriate management unit and marked as such.
Off Road Vehicle (ORV): Any All Terrain Vehicle, swamp buggy, airboat, street-legal 4-wheel drive vehicle, or Utility Task Vehicle meeting the following descriptions and requirements:
Airboat: A commercially or custom designed/manufactured vessel consisting of a shallow, rectangular hull powered by an aircraft or automobile engine mounted on the rear of the vessel that drives a large aircraft propeller(s).
- Airboats cannot exceed 8 feet total width (beam).
- Airboats cannot exceed 14 feet maximum length (excluding grass rake)
- Airboats must use:
- An automotive-style factory muffler,
- An underwater exhaust, or
- Other manufactured device capable of adequately muffling the sound of the engine exhaust.
- Airboats must not use cutouts or flex pipe as the sole source of muffling
- Airboats must meet all State of Florida and U.S. Coast Guard rules and regulations for vessels, including lighting and registration.
- Airboats must fly a solid, orange-colored safety flag, 10 inches by 12 inches or larger, at a minimum of 10 feet above the bottom of the airboat.
- Airboats must display vessel registration numbers that are a contrasting color from the underlying surface, a minimum size of 3 inches and be affixed:
- On each side of the bow,
- On both sides of the rudder, or
- Outside of dual rudders.
All-Terrain Vehicle (ATV): Any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 1,200 pounds or less, designed to travel on four or more nonhighway tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator with no passenger. An ATV must be 4X4 capable to be permitted in the Preserve. (As defined by State of Florida Title 23, Motor Vehicles: Chapter 316, State Uniform Traffic Control: §316.2074(2))
- ATVs cannot exceed 8 feet in total width including tires
- ATVs must have a minimum of 9 inches of tread face on the rear tires
- ATVs must have a minimum of 7 inches of tread face on the front tires
Swamp Buggy: A vehicle that is not a registered vehicle and therefore cannot operate legally on roadways. It is typically a modified vehicle that will have 4 or more tires that does not utilize "skid steering. "
- Swamp Buggies must have four wheel drive capability
- Swamp Buggies cannot exceed 8 feet in total width including the tires
- Swamp Buggies must have a minimum of 9 inches of tread face on all tires
Utility-Task Vehicle (UTV): Also known as a Recreational Off-Highway Vehicle (ROV), any motorized recreational off-highway vehicle 64 inches or less in width, having a dry weight of 2,000 pounds or less, designed to travel on four or more non-highway tires, having non-straddle seating and a steering wheel, and traveling on four or more pneumatic tires that are six inches or more in width and that are designed for wheels with a rim diameter of 14 inches or less. A UTV must be 4X4 capable to be permitted in the Preserve.
- UTVs cannot exceed 8 feet in total width including tires
- UTVs must have a minimum of 9 inches of tread on all tires
Tread Face: The portion of the outer surface of the tire that actually makes contact with the trail substrate during normal use. This includes those portions of tread which extend onto the sides of the tire, since they are designed as such, to aid in cornering and in soft ground are load bearing.
Measurement of Tread Face: The measurement of a tire will be carried out using a flexible tape measure capable of conforming to a rounded surface. The measurement will be from one edge of the tread face to the other, along the flat or curved tread surface of the tire as viewed in a cross section.
Street Legal: A vehicle that is currently registered, inspected and insured, as required, by state law to be operated on public roadways. A street legal vehicle must be 4X4 capable to be permitted on designated ORV trails of the Preserve.
ORV Permit Process:
§1.6(f) ORV Operator's Permit
All ORV operators must possess a valid state driver's license or learner's permit to operate an authorized ORV in the Preserve. The driver must successfully complete a vehicle operator's course offered by Big Cypress National Preserve and must be carried by the ORV operator.
Big Cypress National Preserve assimilates State of Florida Title 23, Motor Vehicles; Chapter 316, State Uniform Traffic Control; related to minors operating an ORV under direct supervision of an adult Big Cypress National Preserve permitted operator.
Persons under 16 years of age shall operate, ride, or be otherwise propelled on an all-terrain vehicle (ATV) must wear a helmet meeting Department of Transportation standards and eye protection. (State of Florida Title 23, Chapter 316, §316.2074)
Operators under the age of 16 while operating an ATV on public land or roads in Florida must have proof of completion of a Florida Department of Agriculture and Consumer Services (FDACS) safety course and must be supervised by an adult. (State of Florida Title 23, Chapter 316, §261.20)
§1.6(f) ORV Recreational Permit
Recreational ORV permits require a fee.
Number of permits: Big Cypress National Preserve may issue a maximum of 2000 Recreational Off-Road Vehicle Permits per year in the original Preserve.
Period of permit validity: January 1 of each year through January 31 of the following year.
This 13-month period allows a month-long grace period to obtain a new permit should there be a random drawing in a given year and the applicant is successful in the drawing.
Allocation of permits: If the number of ORV Recreational Permits purchased for a given area meets the limit specified above, a lottery-style random drawing will be held for the next year’s issuance.
Transferability of permits: ORV Recreational Permits are not transferable to other vehicles owned by the same person or family, or to other ORV owners.
Renewal of permits: Authorized ORVs will be registered to only one person and only that person is authorized to renew the permit. Permits must be renewed annually.
Determination: Permitting requirements are included as part of the implementation of the Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000).
§1.6(f)ORV Inspection Program
All ORVs must be inspected and meet compliance standards for that ORV type. Successful compliance will result in the issuance of an inspection sticker marked with an expiration date.
Inspection stickers must be affixed to the ORV as follows:
- Airboat - steering bar (joystick)
- Swamp Buggy- steering column
- Street Legal 4X4 - inside the driver's door
- ATV 4X4 - center of steering mechanism
- UTV 4X4 - steering column
Determination: Vehicle inspection requirements are included as part of the implementation of the Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000).
Authorized ORV use must also:
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Conform to all applicable federal and state law.
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Have a muffler in good working condition and constant operation.
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Demonstrate that mechanical systems important for safe operation are in good operating condition.
- Any wheeled ORV when operated off road and in parking areas during the period from one-half hour after sunset to one-half hour before sunrise shall display at least one forward facing white headlight and one red lighted taillight, each of which shall be visible for a distance of 500 feet in their respective directions under clear atmospheric conditions
Prohibited ORV Use
- Any tire chain, bar grip, or other device affixed to a tire in any way
- Tracked vehicles
- Campers or trailers on ORV trails
Determination: Types of permitted vehicles and vehicle specifications have been developed by the Preserve's managers and implemented in accordance with the Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000).
Landowners, Lessees and their Guests
A Special Use Permit (SUP) is required for all landowner, lessees and guests to operate an ORV on any designated trail within Big Cypress National Preserve in order to access a privately owned property.
Landowners, lessees and their guests are not required to purchase a recreational ORV permit when traveling to and from private property when in possession of a valid SUP. The SUP will designate a route of travel and authorized vehicle type. The SUP holders must meet all requirements for ORV use in the Preserve including a valid ORV operator permit, vehicle specifications, and completion of the education course.
If landowners, lessees or guests wish to recreate on or hunt from landowner access trails within Big Cypress National Preserve, they must purchase a recreational permit.
Landowners may be approved to use utility trailers on designated routes through their Special Use Permit on a case by case basis.
Determination : These permit restrictions are included as part the Big Cypress National Preserve Land Protection Act; Implementation of the Preserve's General Management Plan (GMP) ; and Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000).
