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1443GA532000010 GENERAL AGREEMENT TO MANAGE HUNTING Article I - Background and Objectives This Agreement is entered into this 15th day of December, 2000, by and between, the State of Florida Fish and Wildlife Conservation Commission, hereinafter referred to as the State, and the Gulf Islands National Seashore, National Park Service, U.S. Department of the Interior, hereinafter referred to as the Park. The Parties may choose to use this General Agreement as the framework for future modifications or other agreements. The purpose of this Agreement is to manage hunting in the Florida District of the Park. The Parties share an interest in providing opportunities for hunting in the Park, consistent with visitor safety and the conservation, management and protection of Park wildlife resources for the enjoyment and education of present and future generations. The Parties also share an interest in ensuring the recovery of the Perdido Key beach mouse, a species listed as endangered by the U.S. Fish and Wildlife Service and the State of Florida. The Fish and Wildlife Conservation Commission exercises regulatory and executive powers of the State with respect to wild animal life, fresh water aquatic life, and marine life (State Constitution, Article IV, Section 9). The Commission also provides research and management to conserve and protect game, nongame, and imperiled wildlife and marine life pursuant to the State Constitution and pertinent Florida Statutes. The Park's enabling legislation (16 U.S.C. §459h) states the purposes of the Park are to preserve for public use and enjoyment areas possessing outstanding natural, historic and recreational values. Section 459h-4 authorizes the Park to conserve and manage its wildlife natural resources. Section 459h-2 authorizes the Park to permit hunting and fishing on lands and waters within the seashore in accordance with applicable Federal and State laws. It also authorizes the Park to determine in which Park areas, and during which times, hunting is permitted consistent with public safety, administration, fish or wildlife management, or other public use and enjoyment. The statute also requires that, before implementing hunting regulations for Park areas, the Park consult with the State. Article II - Responsibilities of Parties A. The Parties agree as follows: 1. To consult with each other annually with respect to waterfowl populations and hunter use and success on the dedicated waters under Park jurisdiction on the soundside of Santa Rosa Island. 2. To cooperate to conserve the dune areas of Perdido Key by reducing human foot traffic through a moratorium on dove hunting in the Perdido Key Unit of the Park for the life of this Agreement. 3. To work cooperatively on law enforcement and safety issues associated with hunting in the Park. B. The Park agrees: 1. To permit waterfowl hunting between the western boundary of Section 1, Township 3 South, Range 28 West, Tallahassee meridian and the eastern boundary of Section 35, Township 2 South, Range 27 West, Tallahassee meridian in the waters of Santa Rosa Sound under Park jurisdiction for the life of the Agreement. This area will be opened to waterfowl hunting under statewide regulations, with further restriction listed in a-d below. Waterfowl hunting will continue to be allowed in Big Lagoon under statewide regulations, with further restriction listed in a, c-d below. a. A reasonable separation, 300 yards, shall be required between blinds. b. A 150 yard no hunting buffer shall be maintained west and east of the sound side picnic area at Opal Beach. c. Combustion engines shall not be operated over seagrass beds. d. All access for hunting shall be by boat. Shoreline hunting in temporary beach blinds located at or below the ordinary high tide line shall be permitted. Hunters shall remove temporary blinds at the end of each day. 2. To close the Perdido Key Area to dove hunting for the life of the Agreement. C. The State agrees: 1. Upon written request from the Park before each hunting season, to provide the Park with data on the expected take and the number and species composition of waterfowl counted on nearby mid-winter waterfowl surveys. Article III - Term of Agreement This General Agreement shall commence upon execution and shall terminate one year from that date, provided however, that, dependent on the condition of threatened or endangered species in the area, the Parties may renew this General Agreement each year for an additional one year term. Renewals shall not extend beyond five years from the date of execution of this General Agreement. Renewal shall be effected by signature of the key officials of both Parties to a modification to this General Agreement renewing this General Agreement for one year. Article IV - Key Officials The authorizing officials for the Parties are: Florida Fish and Wildlife Conservation Gulf
Islands National Seashore Commission Dr. Allan L. Egbert Jerry
A. Eubanks The principal contacts are: Timothy E. O'Meara Hank
Snyder Article V - Property Utilization (not applicable) Article VI - Prior Approval No prior approvals are required for this General Agreement. No modification of this Agreement shall be binding on either Party unless such modification is in writing, executed in duplicate by both Parties and attached to this Agreement. Article VII - Termination Either Party may terminate this Agreement by providing 30 days advance written notice to the other Party. Article VIII - Standard Clauses A. During the performance of this Agreement, the Parties agree to abide by the terms of USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex or national origin. The Parties will take affirmative action to ensure that applicants are selected without regard to their race, color, religion, sex or national origin. B. No member or delegate to Congress shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. C. The Parties shall not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies the other Party's Governmental, Departmental, bureau or Government employee endorsement of a product, service, or position which the Party represents. No release of information relating to this Agreement may state or imply that the other Party approves of the Party's work product, or considers the Party's work product to be superior to other products or services. Both Parties may, however, use their usual and customary channels of communication to inform hunters of hunting opportunities and regulations with respect to hunting in the Park. D. The State must obtain prior approval from the Park for any public information releases which refer to the Department of the Interior, any bureau, park unit, or employee (by name or title) or this Agreement. The Park must obtain prior approval from the State for any public information releases which refer to the Florida Fish and Wildlife Conservation Commission, any bureau, park unit, or employee (by name or title) or this Agreement. The specific text, layout, photographs, etc., of the proposed release must be submitted with the request for approval. However, the State or the Park may include the State or the Park by name in its usual and customary communications to the public about areas in the State or the Park open and closed to hunting and regulations pertaining thereto, without prior approval from the other Party. E. This Agreement confers no benefits to third parties, nor does it afford third parties the right to enforce any of the provisions hereof. F. The State reserves the right to unilaterally cancel this Agreement for refusal by the Park to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119 Florida Statutes, and made or received by the Park in conjunction with this Agreement. Article IX - Authorizing Signatures IN WITNESS HEREOF, the Parties hereto have signed their names and executed this General Agreement. FLORIDA FISH AND WILDLIFE CONSERVATION NATIONAL PARK SERVICE COMMISSION GULF ISLANDS NATIONAL SEASHORE Name: _______________________Name:___________________________
Allan L. Egbert,
Ph.D. Jerry
A. Eubanks |
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December 15, 2000 Compendium Addendum Justification The following sections of the Gulf Islands National Seashore Compendium have been amended to avoid conflict with the General Agreement between the National Park Service and the State of Florida to manage hunting within the Florida District of Gulf Islands National Seashore (Agreement Number 1443GA532000010). Section 1.5 - 7 The following waters are closed to certain types of propulsion motors, as indicated below: (a) The lakes, ponds, lagoons and inlets of East Ship Island, West Ship Island, Horn Island and Petit Bois Island are closed to the use of motorized vessels, except that vessels with motors are not prohibited if the motor(s) are turned off and tilted up so as to be out of the water, or removed from the transom or gunnels. (b) The lagoons of the Perdido Key unit within Big Lagoon adjacent to Spanish Point and Langley Point are closed to all combustion engines (inboard and outboard motors, jet motors, etc). (c) All seagrass beds in Santa Rosa Sound between Big Sabine Point and Navarre Beach Determination: Horn Island and Petit Bois Island, including the lakes, ponds, lagoons and inlets are within the designated wilderness area of Gulf Islands National Seashore and are required to be closed to all motorized vessels. The lakes, ponds, lagoons and inlets of East Ship Island and West Ship Island are very small, shallow bodies of water that are not conducive to motorized boat use and which are used as nesting areas for herons, egrets, alligators and other wildlife. Additionally, this closure provides for protection of the shallow bottom and grassy banks of the waters and enhances the scenic values of the islands. The lagoons of Perdido Key and seagrass beds within Santa Rosa Sound are extremely important grassbed habitat, which need to be protected. Propellers from combustion engines cut trenches though the grassbeds in these shallow waters and cause bottom sediments to be mixed into the water column. This sedimentation increases water turbidity and the suspended sediments smother grasses as they settle on the grassbeds. Less restrictive measures allowing for the use of motorized vessels in these waters would not provide sufficient protection to protect nesting wildlife or preserve shallow water bottoms or fragile banks. Section 2.2 - 2 Hunting is prohibited in the following areas and times: (a) Naval Live Oaks Reservation area, at all times. (b) Okaloosa area, at all times. (c) Santa Rosa area at all times, except on the Santa Rosa Sound during designated waterfowl hunting seasons pursuant to applicable times and other regulations established by the State of Florida. The hunting area is designated between the western boundary of Section 1, Township 3 South, Range 28 West, Tallahassee meridian and the eastern boundary of Section 35, Township 2 South, Range 27 West, Tallahassee meridian in the waters of Santa Rosa Sound under park jurisdiction. The sound side picnic area and adjunct waters located within the Opal Beach Complex is closed to hunting at all times. The designated areas open to hunting are marked with signs located on the beach. (d) The designated waterfowl hunting within Santa Rosa Sound as described in section (c) can only be accessed by water. No overland access to this designated hunting area is permitted. (e) Temporary hunting blinds are permitted at or below the ordinary high tide line. There will be 300-yard separation between blinds. All blinds will be removed at the end of each hunting day. (f) Fort Pickens area, at all times. (g) Pensacola Naval Air Station areas, at all times. (h) Perdido Key, ½ mile east of the end of the paved road to the western boundary of the Perdido Key area is closed to hunting at all times. (i) Perdido Key Hunting Unit, is ½ mile east of the end of the paved road and then east to the end of the island and is open to hunting of waterfowl only, pursuant to applicable seasons, times and other regulations established by the State of Florida. (j) The designated waterfowl-hunting unit within the Perdido Key Unit as described in section (h) and (i) can only be accessed by water. No overland access to this designated hunting area is permitted. (k) Temporary hunting blinds are permitted at or below the ordinary high tide line within the Perdido Key Hunting Unit. There will be a 300-yard separation between blinds. All blinds will be removed at the end of each hunting day. (l) The Gulf Islands Wilderness, comprised of Horn and Petit Bois Islands, at all times. (m) Ship Islands, at all times. (n) Davis Bayou area, at all times. (o) The waters of the Seashore, at all times, except those waters immediately adjacent to those described in (c) and (i) where hunting is allowed. Determination: The park's enabling legislation (16USC459h) authorizes the Superintendent to close areas when and where hunting should not be permitted due to reasons of public safety, administration, fish or wildlife management, or public use and enjoyment after consultation with state authorities. Hunting within the Florida District of Gulf Islands National Seashore is managed in cooperation with the Florida Fish and Wildlife Conservation Commission under General Agreement # 1443GA532000010. The areas closed above receive approximately 4 million visitors annually, and hunting and the firing of weapons are not conducive to public safety with that level of visitation. Even the offshore islands making up the Gulf Islands Wilderness receive almost 70,000 visitors annually. The vast majority of those visitors, according to surveys, come to the Seashore to enjoy swimming and relaxing on the beaches, activities that are not well suited to coexist with hunting. The Perdido Key and Santa Rosa Hunting Units are the only areas of the Seashore meeting the current criteria to allow hunting. Less restrictive measures would not provide the degree of safety necessary for Seashore visitors, or provide for the appropriate separation of conflicting visitor activities. Section 2.4 - 1 Firearms authorized for waterfowl by the State of Florida may be possessed, carried, and used by licensed hunters only during the appropriate season when actually being used for such hunting and only in the locations designated as open to hunting within the Santa Rosa and Perdido Key Hunting Units and the transportation of such weapons is in compliance with 2.4(a)(3) and (b). Determination: Possession and use of firearms in authorized hunting activities is appropriate and necessary. Outside of the authorized area and season, possession and use of firearms is not necessary for use and enjoyment of the National Seashore. Less restrictive measures would not be in compliance with the intent of the regulations found at 36 CFR 2.4. Section 2.15 - 4 Dogs may be unleashed while being used for waterfowl hunting in the Santa Rosa and Perdido Key Hunting Units. Determination: Retrieval of slain waterfowl is more efficient using trained bird dogs. Using bird dogs is an accepted aspect of waterfowl hunting and requires that the dog be allowed to run off- leash. Less restrictive measures would not allow this type of hunting experience. ______________________ _________________ |