16 U.S.C. § 698j

Hunting, fishing, and trapping in Big Cypress Preserve and Addition authorized in accordance with applicable Federal and State laws; consultation with appropriate State agency prior to implementation of regulations restricting activities; land use and retention rights of Miccosukee and Seminole Indian Tribes

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The Secretary shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the preserve and the Addition in accordance with the applicable laws of the United States and the State of Florida, except that he may designate zones where and periods when no hunting, fishing, trapping, or entry may be permitted for reasons of public safety, administration, floral and faunal protection and management, or public use and enjoyment. Except in emergencies, any regulations prescribing such restrictions relating to hunting, fishing, or trapping shall be put into effect only after consultation with the appropriate State agency having jurisdiction over hunting, fishing, and trapping activities. Notwithstanding this section or any other provision of sections 698f to 698m–4 of this title, members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary, to continue their usual and customary use and occupancy of Federal or federally acquired lands and waters within the preserve and the Addition, including hunting, fishing, and trapping on a subsistence basis and traditional tribal ceremonials.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2012–2025 · leading case: Nat'l Parks Conservation Ass'n v. United States Dep't of Interior, 46 F. Supp. 3d 1254 (M.D. Fla. 2014).

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Nat'l Parks Conservation Ass'n v. United States Dep't of Interior, 46 F. Supp. 3d 1254 (M.D. Fla. 2014). · cites it 2× “” 16 U.S.C. § 698j. The legislative history of the Act made clear Congress’ expectations that ORVs would be allowed in the Preserve, but restricted to designated trails.”

Defenders of Wildlife v. Salazar, 877 F. Supp. 2d 1271 (M.D. Fla. 2012). “” 16 U.S.C. § 698j. The legislative history of the Act made clear Congress’ expectations that ORVs would be allowed in the Preserve, but restricted to designated trails: Since the area to be included in the Preserve is largely undeveloped at the present time and because it will…”

Osceola (M.D. Fla. 2025). · cites it 2× “6 5 This law, codified at 16 U.S.C. § 698j, provides that “members of the Miccosukee Tribe of Indians of Florida and members of the Seminole Tribe of Florida shall be permitted, subject to reasonable regulations established by the Secretary, to continue their usual and customary…”

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