Big Cypress Superintendent Compendium

compendium
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.
 

Table of Contents

 
 
 
 

36 CFR PART 4: VEHICLES AND TRAFFIC SAFETY

Section 4.10 (b) Areas designated for off-road motor vehicle use

Section 4.11(a) Load weight and size limits - permit requirement

Section 4.21(b) Speed limits - designation of a different speed limit

Section 4.30(b) Bicycles - designated routes

 
 
36 CFR PART 1
GENERAL PROVISIONS
Section 1.5 - Closures and public use limits.

(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)
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 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.
The following areas are closed to motorized vessels and airboats:
      • 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.
      • 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 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 and sidewalks are governed by FL Statute 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:
      • All designated developed campgrounds that include; Bear Island, Pink Jeep, Gator head, Midway, Monument, Pinecrest, Mitchell Landing, and Burns Lake campgrounds
      • Oasis Visitor Center
      • Big Cypress Swamp Welcome Center
      • Big Cypress National Preserve Headquarters Complex
      • Environmental Education Field Use Areas on Birdon Road
      • Loop Road Ranger Station
      • Kirby Starter Boardwalk
      • HP Williams
      • Tuner River Road
      • Boat launches at Sea Grape, Dona Drive and Turner River
      • Loop Road Environmental Education Center and trail
The boundary of the NO SHOOTING and NO HUNTING zone for these areas is 1600 feet 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.
  • 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:
  • Big Cypress Swamp Welcome Center Boardwalk
  • Oasis Visitor Center Boardwalk
  • Kirby Starter 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.
    • 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:
    • 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
        • Fire Operations Center
        • Deep Lake Fire building
        • 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:
    • 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 environmental concerns.


Motor vehicle access into the Bear Island Unit from State Road 29 is prohibited except for the following:
    • 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 Special Use Permits, issued by the Superintendent 's Office
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.

CLOSURES RELATED TO ORV USE

Section 1.5-Closures and public use limits.

(a)(2) Designated areas for specific use or activity or conditions

Areas Closed to ORV Use

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 Addition Lands are closed to the use of recreational off-road vehicles (ORV) until designated as open by the Superintendent.
Nightly Closures:
    • Nightly Closures: Recreational ORV use is prohibited throughout the Preserve between 10:00 PM and 5:00 AM
Superintendent Announced Closures

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:
    • 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.

AREA DESIGNATIONS FOR ORV USE


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 authorized the 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
  • Swamp Buggy
  • 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
  • Swamp Buggy
  • 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
  • Concho Billie
  • Windmill Tram
  • Burns Lake
  • Skillet Strand North
  • Oasis Visitor Center
  • Monroe Station North
Corn Dance Unit
    • Swamp Buggy
    • 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)
    • Oasis Visitor Center
    • Jetport

Stairsteps Unit-

(this unit is further subdivided by zone)

Zone 1
    • Closed to all ORV use

Zone 2
    • Swamp Buggy
    • All-Terrain Vehicle (ATV)
    • Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Point 11 (See Stairsteps ORV map)
    • Monroe Station South
Zone 3
    • Swamp Buggy
    • All-Terrain Vehicle (ATV)
    • Utility Task Vehicle (UTV)
Permitted ORVs must enter/depart the unit at designated Access Points 13 (See Stairsteps ORV map)
    • Pace's Dike
Zone 4
    • Airboat
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 14 or 15 (See Stairsteps ORV map)
    • Red Bird Lane (Mitchell Landing Campground)
    • Boundary Line
Access Points 7 and 12 are not established as ORV trails at this time.

ACTIVITIES REQUIRING A PERMIT

Section 1.6(f)-Activities requiring a permit
  • §1.5(a) Access to inholdings via 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 power 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 matter
  • §2.60(a)(1),(2) Grazing
  • §2.61(a) Residing on federal lands
  • §2.62(a) Installing a monument or other commemorative 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
  • §5.7 Construction 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

PERMITS RELATED TO ORV USE

Section 1.6(f) - ORV Permits Required


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's General 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).


Authorized ORVs and ORV Specifications

AIRBOATS:
  • Total width cannot exceed 8 feet.
  • Maximum length cannot exceed 14 feet (excluding grass rake).
  • The exhaust of every engine used on any airboat operated in Florida must use:
    • An automotive-style factory muffler,
    • An underwater exhaust, or
    • Other manufactured device capable of adequately muffling the sound of the engine exhaust.
    • The use of cutouts or flex pipe as the sole source of muffling is prohibited.
  • Must meet all State of Florida and U.S. Coast Guard rules and regulations for vessels, including lighting and registration.
  • 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.
  • Must display vessel registration numbers that are a contrasting color from the underlying surface and a minimum size of 3 inches.
  • Registration sticker must be affixed: o
    • On each side of the bow,
    • On both sides of the rudder, or
    • Outside of dual rudders.
SWAMP BUGGIES:
  • Four Wheel Drive Capability
  • Cannot exceed 8 feet in total width including tires
  • All tires must have a minimum of 9 inches of tread face
STREET LEGAL 4X4s:
  • Four Wheel Drive Capability
  • Cannot exceed 8 feet in total width including tires
  • All tires must have a minimum of 9 inches of tread face
ATVS
  • Four Wheel Drive Capability
  • Cannot exceed 8 feet in total width including tires
  • Rear tires must have a minimum of 9 inches of tread face
  • Front tires must have a minimum of 7 inches of tread face
UTVS
  • Four Wheel Drive Capability
  • Cannot exceed 8 feet in total width including tires
  • All tires must have a minimum of 9 inches of tread
Authorized ORV use must also:
  • Conform to all applicable federal and state law.
  • 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 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.
  • ORV utility trailers must comply with all applicable federal and state laws and regulations.

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).
 

36 CFR PART 2

RESOURCE PROTECTION, PUBLIC USE AND RECREATION

Section 2.1-Preservation of natural, cultural, and archaeological resources

(a)(4) Designated areas for collection of dead and downed timber for firewood

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.


Section 2.2-Wildlife Protection

  1. Established conditions and procedures for transporting lawfully taken wildlife through park areas
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.

  1. Designated areas for wildlife viewing with artificial light
The Preserve is closed to the viewing of wildlife with an artificial light, except that artificial lights may be used during frogging activities.

Determination: Wildlife viewing with an artificial light may disrupt natural wildlife activities and condition wildlife to human presence. This regulation also provides increased protection of wildlife from poaching activity.

Section 2.3-Fishing

(c) During situations involving a potentially aggressive alligators, an area may be closed to fishing.

Determination: An alligator may attempt to capture and eat a struggling fish on the end of a fishing line. The alligator may pursue the fish onto shore as it is reeled in. This is a behavior of some alligators that have maybe habituated and food conditioned.
Alligators that have been thrown food/fish or have caught a fish on the end of a fishing line demonstrate this behavior. Such closure will be for human life safety and preservation of wildlife.

Section 2.4-Weapons, traps, and nets


(a)(2)(i) Carrying of weapons at designated locations and times

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.

Section 2.10-Campinq and food storage

(a) Camping - designated sites, areas, conditions and permits

The Volunteers-In-Parks (VIP) campsites are closed to public use.

Determination: The VIP sites are not designated camping sites for public use; they are reserved in order to support Preserve operations.

Recreational vehicle camping and the use of camping trailers in the Preserve are restricted to these designated campgrounds:
    • Bear Island Campground
    • Monument Lake Campground
    • Burns Lake Campground
    • Midway Campground
    • Mitchell's Landing Campground
    • Pinecrest Group Campground

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:
    • Archery Season
    • 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's office 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.

    1. (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.

    1. (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.

    1. (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.
    1. (g) Horses and pack animals - conditions of use
  • 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.
    1. Skateboards
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.

    1. Smoking
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.

    1. (a)(2) Property-leaving property unattended for longer than 24 hours
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:
      • Archery Season
      • 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.

2.35(a)(3)(i) Alcoholic beverages-areas closed to consumption

The consumption of alcoholic beverages by the public is prohibited within Headquarters offices, Oasis Visitor Center, Big Cypress Swamp Welcome Center, Fire Operations Center and parking areas.

Determination: These areas are where the public engages in business with the government or participates in educational opportunities. Alcohol consumption under these circumstances is inappropriate.

2.52(e) Sale and distribution of printed matter-areas designated for such use

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.

 
36 CFR PART 3
BOATING AND WATER ACTIVITITIES

Section 3.8-Prohibited Vessel Operations


(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
  • Mitchell's Landing
  • Boundary Line Canoes/kayaks/non-powered boats
  • 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.
Motorized boats
  • Dona Drive boat ramp
  • 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.

 
36 CFR PART 4
VEHICLES AND TRAFFIC SAFETY

See 36 CFR 7.86(a) and section 1.5(a)(1) of this compendium.

4.11(a) Load weight and size limits- permit requirements and restrictive conditions

Maximum gross weight is 6000 lbs. on all backcountry ORV trails.

4.21(b) Speed limits-designation of a different speed limit

The speed limits for the following areas are established as prescribed below or as posted on site:
      • Dona Drive: 15 mph
      • Seagrape Drive: 15 mph
      • 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.
 

36 CFR PART 7

SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM
Section 7.86 Big Cypress National Preserve

(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.

  1. Hunting, Fishing, Trapping and Gathering
(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.
 

Last updated: March 27, 2018

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33100 Tamiami Trail East
Ochopee, FL 34141

Phone:

(239) 695-2000

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