The superintendent's compendium (14.1 MB pdf) is a compilation of special designations, closures, public use limits, permit requirements, and other restrictions imposed under the discretionary authority of the superintendent, in addition to what is contained in Title 36 of the Code of Federal Regulations (Chapter 1, Parts 1-7 and 34) (3.69 MB pdf), and other applicable federal statutes and regulations.
(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:
Big Cypress Swamp Welcome Center: is generally open from 9:00 a.m. to 4:30 p.m., 7 days a week
Oasis Visitor Center: is generally open from 9:00 a.m. to 4:30 p.m., 7 days a week
Big Cypress National Preserve Headquarters: is generally open from 8:00 a.m. to 3:30 p.m. Monday-Friday
Kirby Starter 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.
(a)(2) Designated areas for specific use or activity or conditions.
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:
Snakedance site, south of Highway 41
Corndance site, north of Hwy 41
NE Addition site, east of the L-28 Canal.
Public use closure does not preclude the National Park Service from carrying out normal operational responsibilities.
Determination: This regulation ensures that local 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 (NAGPR)
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 purpose, 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.
Use of Electric Personal Assistive motorized and similar devices:
Use of Electric Personal Assistive Mobility Devices as defined in FL Statute Title XXIII Chapter 316.003 on roads, streets, bicycle paths andsidewalks are governed by FLStatute 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 pedestriantraffic.
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.
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:
Big Cypress Swamp Welcome Center Boardwalk
Oasis Visitor Center Boardwalk
Kirby Starter 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.
Preserve Headquarters Complex,except for official business during posted hours
Oasis Visitor Center Complex
Maintenance and Living Areas
Loop Road Education Center
Fire Operations Center
Deep Lake Fire building
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 AMuntil 10:00 PM
Florida National Scenic Trail: 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:
Addition Lands: All National Park Service (NPS) lands located in what is referred to as the AdditionLands 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
The Superintendent will announce all seasonal, hydrologic, safety, and Threatened & Endangered (T&E) Species closures by issuing a Superintendent's order in accordance with §§ 1.5 and 1.7 of this Chapter. Hydrologic Conditions:
Hydrologic Conditions: High or low water conditions in a given area which place greater than normal demands 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.
T&E Species Protection Closures:
Threatened and Endangered (T&E) Species Protection Closures: Periodic unit or trail closures may be required due to the presence of threatened or endangered species.
Off-Road Vehicle (ORV) 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 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 the Superintendent found in section §1.5 and §1.6 of this part and are included there.
Section 1.5-Closures and public use limits.
(a)(2) Designated areas for specific use or activity or conditions ORVs shall only be operated on open, designated trails Definitions Related to ORVs
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).
All-Terrain Vehicle (ATV): As defined by the State of Florida Title 23, Motor Vehicles; Chapter 316, State Uniform Traffic Control, Section 316.2074 (2): 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.
Designated Trail: A trail that has been authorized for public ORV use by the Superintendent. To be authorizedthe trail must appear on a current official map designating the trail for the appropriate management unit and marked as such. 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. Prairie: A mostly treeless area dominated by grasses and/or grass-like plants. Off-Road Vehicle (ORV): Any ATV, swamp buggy, airboat, street-legal 4-wheel drive vehicle, and UTV. 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.
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. " 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. 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.
ORV Access Points; Authorized Use 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, Big Cypress Swamp Welcome Center, and the Preserve's web site:
Bear Island Unit
All-Terrain Vehicle (ATV)
Street Legal 4X4 Vehicle
Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Point 1 or 1A (See BIU ORV map)
Bear Island 1
Bear Island 1A
Turner River Unit
All-Terrain Vehicle (ATV)
Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Points 2-6, 8 or 10 (See TRU ORV map)
Turner River Road North
Skillet Strand North
Oasis Visitor Center
Monroe Station North
Corn Dance Unit
All-Terrain Vehicle (ATV)
Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Points 8 or 9 (See CDU ORV map)
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. Determination : These permit restrictions are included as part the Big Cypress National Preserve Land Protection Act;Implementation of the Preserve'sGeneral Management Plan (GMP) ; and Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000). 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.
Any permit required by this section must be carried or displayed appropriately by a person operating an ORV within the Preserve. Authorized persons may check permits and ORVs for compliance with applicable laws and regulations.
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). 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).
Have a muffler in good working condition and constant operation.
Demonstrate that mechanical systems important for safe operation are in good operating condition.
Any wheeled ORV when operatedoff 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.
ORV utility trailers must comply with all applicable federal and state laws and regulations.
Any tire chain, bar grip, or otherdevice affixed to a tire in any way
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).
Only dead wood lying on the ground may be collected as fuel for campfires within the Preserve. This wood cannot be removed from the Preserve. Determination: There are sufficient quantities of dead wood on the ground so that this use is not environmentally detrimental. If monitoring indicates an adverse effect is occurring, this will be revised. (c)(1-3) Designated fruits and berries, to harvest by hand
Citrus fruits and bananas may be collected for personal consumption. Determination: This designation serves to provide the broadest use and enjoyment of the Preserve in the least restrictive manner so long as there is no adverse effect to preserve the resources.
Hunters are required to identify themselves and the location the wildlife that is being transported across Preserve land was taken when requested by a ranger. Identification of the site may consist of specific directions, maps, or upon request the hunter may be required to accompany the ranger to the location to verify the kill site. Determination: This requirement is intended to allow transport of legally taken game across Preserve lands, protects public safety and avoids unwarranted public accusations that an illegal hunt may have taken place in the Preserve.
Individuals are authorized to possess firearms in NPS areas in accordance with applicable state and federal law.
The possession of firearms in all federally owned or leased buildings is prohibited. Determination: This wording reflects implementation of 512, P.L. 111-24, Credit Card Accountability Responsibility and Disclosure Act of 2009, 123 Stat. 1764-65 § 512 effective February 22, 2010. (b)(2)(iii) When used for target practice The discharge of firearms for target shooting or any non-hunting related activity is prohibited. Determination: Target shooting or practice shooting is prohibited by regulation. The discharge of a firearm is only permitted while engaged in the legal take of game species during an open hunt season.
ORV use is prohibited within designated camping areas. Maximum occupancy and vehicle capacity permitted at a single campsite:
6 people per site at all campgrounds except Pinecrest
2 vehicles per site (only one of which can be an RV) except Pinecrest
Pinecrest - 15 people per site, 4 vehicles (only two of which can be an RV) ORVs are not counted as vehicles for the purpose of this section.
Determination: This regulation establishes campsites in accordance with the General Management Plan. Use limits on campgrounds and campsites are established to minimize resource impacts, visitor conflict and site degradation. No camping gear may be left in the backcountry when the user is not actively occupying the site overnight. Exception: For the periods indicated below:
Muzzle Loading Gun Season
General Gun Season
Spring Turkey Season
Individuals occupying an undeveloped backcountry camp site may bring camping equipment onto the Preserve after 8:00 a.m. one day before the opening of the specific season and must remove camping equipment from the Preserve before 6:00 p.m. one day after the above stated seasons end.
Individuals who leave their camping equipment for longer than 24 hours must mark the equipment with their identification (name, address, telephone number). It must be clearly visible with or on the camping equipment. Determination: The use of the backcountry for extended periods of time has been a traditional activity in the Preserve. This regulation establishes extended occupancy and unattended property guidelines which coincide with the established hunting periods. These periods will be adjusted annually as season dates are established. In order to reduce inconvenience to primitive weapons hunters, equipment may be left during the six days between archery and muzzle loading seasons.
Backcountry tent camping is permitted in established campgrounds and in nondeveloped areas throughout the Preserve, except as restricted in the Bear Island Unit and Zone 4 (see below). Backcountry Camping Restrictions:
Backcountry tent camping is prohibited within Yi mile of any developed area or established park, county or state roads.
Backcountry camping in the Bear Island Unit is permitted only at designated campsites (Gator Head Campground, 9 sites and Pink Jeep Campground, 9 sites).
Backcountry camping in Zone 4 via airboat is permitted only in designated campsites (1-17).
Backcountry camping in Zone 4 via foot travel or non-motorized vessel is permitted in other areas so long as the campsite:
Is located at least 1/2 mile from Loop Road
Is located at least 1/4 mile from any designated campsite or airboat trail
No camping equipment may be left in the backcountry anywhere in Zone 4 when the user is not actively occupying the site overnight, regardless of hunting season.
There is no camping permitted anywhere inside the Cape Sable seaside sparrow closure area.
No person shall be permitted to camp in the Preserve backcountry for more than 180 days total,per calendar year.
Determination: This regulation establishes campsites in accordance with the General Management Plan. Use limits on campgrounds are established to minimize resource impacts and site degradation. Length of Stay Restrictions:
No person, party, or organization shall be permitted to camp in designated areas for more than the total maximum number of days as follows:
January 1 through April 30, 10 days maximum
May 1 through December 31, 14 days maximum
Once the daily limit has been reached for each time period, the person, party, or organization must move as instructed to another designated camping area. Determination: This regulation establishes length of stay periods for each developed camping facility. South Florida experiences a significant influx of visitors from September to April.Without length of stay restrictions, individuals would establish long-term use patterns. Stay limits may be extended with permission through the Chief Ranger'soffice based on availability. 2.10(d) Food storage - designated areas and methods
Food must be kept sealed in a vehicle or a camping unit constructed of solid non-pliable material, stored in a sealed plastic or metal container, or suspended at least 10 feet above the ground. Determination: The intent of these designations is to prevent wildlife from obtaining and habituating to food and garbage, thus protecting wildlife and Preserve visitors alike. 2.13(a)(1) Fires - Designated areas and conditions
Developed Campgrounds allow campfires within provided fire rings.
Dispersed backcountry camping permits one small contained campfire per site.
Campfires must be attended at all times.
Fires shall be completely extinguished prior to leaving the campsite.
Determination: The south Florida ecosystem experiences high wildfire fire danger. This regulation will minimize the risk of human-caused wildfires. 2.15(a)(1) Pets
Dogs and cats must remain on leash, crated, or otherwise under physical constraint. The leash may not be longer than six feet. Pets are not permitted on established trails, boardwalks, and in the backcountry. Exception:
Private landowners within the Preserve may transport dogs to their private property via a designated route as authorized by a Special Use Permit (SUP).
Determination: This restriction serves to protect wildlife and visitors.
(a)(5) Pets - pet excrement
Visitors in the following areas will be responsible for disposing of excrement from their pets:
All parking, picnic and camping areas.
Areas around the Oasis Visitor Center, Big Cypress Swamp Welcome Center and Ochopee Headquarters.
Excrement must be collected and disposed of in sealed containers or bags and placed into a designated garbage can. Determination: Proper disposal of pet waste in developed areas through collection and disposal eliminates a water quality, health and aesthetic problem.
2.15 (b) Pets - hunting dogs
Bird dogs and retrievers that are authorized by the state of Florida may be used in support of hunting activities within the Preserve, except the Loop Unit. Owner must carry identification tags or dogs must be tattooed and radio colored. The identification shall include the owner's name and current address or current telephone number.
Determination: Identification requirements will assist in locating the owner of a lost dog.
(e) Pets - Preserve employees residing within Preserve residential areas may retain pets in accordance with the Preserve's Quarters Policy. Pets must be restrained at all times and owners are subject to all applicable regulations.
Determination: Employees residing in government quarters are entitled to maintain their private lives similar to other citizens of Florida, providing their actions do not prevent the preservation or protection of Preserve resources.
(b) Horses and pack animals - designated areas of use
The use of horses or pack animals is permitted,except in developed areas such as visitor center parking areas, campgrounds, or picnic areas. Determination: The use of horses and pack animals in the Preserve is limited by field conditions and has not been shown to be resource impacting.
Stockowners must scatter all manure dropped at trailheads.
Stock shall only be fed weed-free feed.
Riding horses on the Florida Trail is prohibited.
Tying horses or pack animals to live trees or other plants is prohibited if the tying causes damage to vegetation.
Determination: The scattering of manure promotes rapid decomposition and reduces odors. Weed-free feed will help to prevent the spread of exotic plants. The use of horses and pack animals on the Florida Trail would create a conflict of use with hikers, for whom the trail is designed and authorized. Tying horses or pack animals to live trees or plants presents a heightened risk of resource damage,which is a violation.
Visitors may use roller skates, roller blades, skateboards, and other coasting vehicles on Dona Drive and Seagrape Drive. The use of roller skates, roller blades, skateboards, and other coasting vehicles by NPS quarters occupants or their guests is allowed in the Preserve residential areas.
Determination: This extends additional recreational opportunities to visitors and residents.
Smoking, vaping, and using smokeless tobacco are prohibited in all interior spaces of all Service facilities (Housing Quarters refer to Preserve housing policy) and within motor vehicles, heavy equipment, aircraft, and watercraft owned, rented, leased, or controlled by the National Park Service. Smoking and vaping is prohibited within 25 feet of a public building. Smoking is prohibited within 100 feet of the Preserve's fuel and aviation gas storage facilities.
Determination: These restrictions are intended to protect public and safety from fire or explosion around fuel storage and dispensing facilities and to comply with State and Federal law.
Visitors involved in extended backcountry use, e.g., hunting or hiking on the Florida Trail, may leave their vehicles and trailers unattended in the designated parking area for the duration of their permitted trip. An individual may leave tree stands or similar devices unattended for the length of the specific hunting seasons as follows:
Muzzle Loading Gun Season
General Gun Season
Spring Turkey Season
Individuals may bring equipment into the Preserve after 8:00 a.m. one day before the opening of the specific season, and must remove the equipment from the Preserve before 6:00 p.m., one day after the above stated season ends. Individuals who leave their tree stands and similar equipment for longer than 24 hours must mark the equipment with their identification (name, address, telephone number). It must be clearly visible with or on the camping equipment. They must list equipment and location of all equipment left in the backcountry longer than 24 hours. Determination: The use of the backcountry for extended periods of time has been a traditional activity in the Preserve. This regulation establishes extended unattended property guidelines which coincide with the established hunting periods. These periods will be adjusted annually as season dates are established.
The Oasis Visitor Center, Big Cypress Swamp Welcome Center and Preserve Headquarters have designated locations for the sale and distribution of printed matter. Determination: The sites selected are based on the activities ' impact on Preserve operations, public use facilities and visitor experience.
(a)(1) Boating, prohibited operations - Launching or operating airboats Superseded by 36 CFR 7.86 Determination: Airboats are included as an authorized vehicle type in the Recreational ORV Management Plan for the original Preserve. (a)(1) Boating: prohibited operations - designated launching areas The following areas are designated as boat launch areas: Airboats
Boundary Line Canoes/kayaks/non-poweredboats
Turner River Canoe Launch
Dona Drive boat ramp
Seagrape Drive boat ramp
Any body of water accessible to a hand-carried or dolly-equipped boat.
Dona Drive boatramp
Seagrape Drive boat ramp
Behind the Carnestown Chamber of Commerce building.
Determination: Designated launch areas minimize environmental impacts by concentrating activity in an area that can be properly maintained. They also ensure public safety by providing areas with sufficient space to allow the launch/retrieval operation to occur without adversely impacting other area traffic.
Eleven Mile Road/Oil Industry Roads: 35 mph daylight, 20 mph night time
Loop Road: 25 mph on unpaved, 30 mph on paved, 15 mph in curves
Mahogany Drive: 15 mph
Satinwood Drive: 15 mph
ORV Trails: 15 mph
Determination: Speed limits on Dona Drive, Mahogany Drive, and Satinwood Drive, which are residential areas, help ensure the safety of visitors and residents. Oil roads are used by heavy vehicles, many of which are hauling petroleum products, with limited stopping capability and located in Florida panther habitat. Speed limits will result in appropriate resource and visitor protection. 4.30(b) Bicycles-designated routes The use of bicycles is allowed on all:
Designated ORV trails
Bear Island Grade including within the addition lands
The Fire Prairie Trail
The trail known as Noble's Grade located north of Interstate 75.
Determination: Bicycle use is extended to ORV routes and other listed locations suitable for their use.
(a) Motorized Vehicles Sections of this regulation have been modified and further defined, with the implementation of the Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000). The modifications have been established and regulated with the authority of the Superintendent's Compendium under section §1.5 and §1.6.
Determination: Big Cypress National Preserve's implementation of Final Recreational Off-Road Vehicle Management Plan Supplemental Environmental Impact Statement (2000). Necessary regulations are implemented in §1.5and §1.6 of this document pending rulemaking.
(2)(i) Gathering or Collecting Tree Snails (Liguus fasciatus) is prohibited. Under the authority of 36 CFR 2.1 (a)(1)(i), 2.2 (a)(1), 2.2 (a)(3), the Big Cypress National Preserve General Management Plan and after consultation with The Florida Fish and Wildlife Conservation Commission, effective May 16, 2005, the collection of snails within the boundaries of the Preserve is prohibited.
Determination: Orthalicus reses, the Stock Island tree snail, is protected by the State of Florida as an Endangered Species. Liguus fasciatus, the Florida tree snail, is protected by the State of Florida as a Species of Special Concern. Pomacea paludosa, the apple snail, is the primary food source of the snail kite,an Endangered Species. The Big Cypress National Preserve's General Management Plan recognizes the need to protect species listed federally by the United States of America and the State of Florida as endangered, threatened or of special concern. Additionally the taking of these species would constitute a significant adverse impact on Preserve resources and wildlife populations. Therefore, the provisions of 36 CFR 7.86 (e)(2)(i) allowing collection of Liguus fasciatus , even for personal use, must be rescinded.