TITLE 800. DEPARTMENT OF WILDLIFE CONSERVATION CHAPTER 30. DEPARTMENT OF WILDLIFE LANDS MANAGEMENT SUBCHAPTER 1. USE OF DEPARTMENT MANAGED LANDS

Transcription

1 TITLE 800. DEPARTMENT OF WILDLIFE CONSERVATION CHAPTER 30. DEPARTMENT OF WILDLIFE LANDS MANAGEMENT SUBCHAPTER 1. USE OF DEPARTMENT MANAGED LANDS 800: Camping (a) Camping is limited to a maximum of 14 days, except at areas open only to hunter camping for special season(s). Camping on these areas is limited to 2 days longer than the period which the camper (hunter) is authorized to hunt. (b) Quiet shall be maintained in all camping areas between the hours of 11:00 p.m. and 7:00 a.m. Excessive noise during such times which unreasonably disturbs persons is prohibited. (c) All dogs or other pets must be kept on a leash or otherwise confined while in a camping area. (d) No overnight camping is permitted at the following areas unless otherwise authorized by the Department: (1) Altus-Lugert WMA. (2) Arcadia Conservation Education Area - Any authorized camping must have education or conservation purpose. (3) Broken Bow WMA. (4) Canton WMA (waterfowl refuge portion). (5) Cherokee (GMA portion). (6) Dewey County WMA. (7) Drummond Flats WMA. (8) Eufaula WMA (9) Fort Gibson WMA. (10) Gist WMA. (11) Grady County WMA (12) Grassy Slough WMA. (13) Hackberry Flat (waterfowl refuge portion). (14) Hugo WMA (waterfowl refuge portion). (15) Major County Lands. (16) McClellan-Kerr WMA (includes waterfowl refuge portion). (17) McCurtain County Wilderness. (18) Okmulgee WMA (GMA portion). (19) Osage WMA (Western Wall Unit). (20) Ozark Plateau WMA. (21) Red Slough WMA. (22) Sparrow Hawk WMA. (23) Tenkiller WMA. (24) Van Osdol WMA. (25) Washita County WMA. (26) Whitegrass Flats WMA. (27) Wister WMA (waterfowl refuge portion). (e) Hunter and fishermen camping is permitted only in designated camping areas at: (1) Arbuckle Springs WMA (1)(2) Atoka WMA (includes PHA portion). (2)(3) Beaver River WMA including McFarland Unit.

2 (3)(4) Candy Creek WMA (4)(5) Canton WMA (except waterfowl refuge portion). (5)(6) Cherokee WMA (PHA portion). (6)(7) Chickasaw NRA (Arbuckle). (7)(8) Cimarron Bluff WMA. (8)(9) Cimarron Hills WMA (9)(10) Cooper WMA. (10)(11) Copan WMA. (11)(12) Cross Timbers WMA (12)(13) Ellis County WMA. (13)(14) Fobb Bottom WMA. (14)(15) Fort Cobb WMA. (15)(16) Fort Supply WMA. (16)(17) Hackberry Flat WMA (except waterfowl refuge portion). (17)(18) Heyburn WMA. (18)(19) Hickory Creek WMA. (19)(20) Hugo WMA (except waterfowl refuge portion). (20)(21) Hulah WMA. (21)(22) James Collins WMA. (22)(23) Kaw WMA. (23)(24) Lexington WMA. (24)(25) Mountain Park WMA. (25)(26) Okmulgee WMA (PHA portion, i.e., the area north and east of the Deep Fork River). (26)(27) Oologah WMA (27)(28) Optima WMA. (28)(29) Osage WMA (Rock Creek Unit). (29)(30) Pushmataha WMA. (30)(31) Sandy Sanders WMA. (31)(32) Stringtown WMA (32)(33) Schultz WMA. (33)(34) Skiatook WMA. (34)(35) Texoma-Washita Arm WMA. (35)(36) Tishomingo WMU. (36)(37) Waurika WMA. (37)(38) Yourman WMA. (f) Hunter camping is permitted only in designated camping areas and only during specified hunting seasons at: (1) Cookson Hills WMA, only during open hunting seasons on the area. (2) Ouachita WMA (Homer L. Johnston portion), only during deer and turkey seasons. (3) John Dahl WMA, only during hunting seasons. (4) Packsaddle WMA, only during open hunting seasons. (5) Robbers Cave WMA, only during open deer and turkey seasons. (6) Spavinaw Hills WMA, only during open hunting seasons on the area. (g) Hunter and fishermen camping is permitted only within 50 yards of roads designated as open for public use at: (1) Deep Fork WMA.

3 (2) Gary Sherrer WMA, only during open hunting seasons on the area. (3) Keystone WMA. (4) Love Valley WMA. (5) Pine Creek WMA. (6) Wister WMA, (except waterfowl refuge portion). (h) Camping is permitted in accordance with U.S. Forest Service regulations at: (1) Ouachita WMA - Le Flore Unit (Ouachita National Forest), except Homer L. Johnston Unit. (2) Ouachita WMA - McCurtain Unit (Ouachita National Forest). (3) Black Kettle WMA (Cibola National Forest) - Black Kettle National Grasslands. (4) Rita Blanca WMA (Cibola National Forest) - Rita Blanca National Grasslands. (i) Camping is permitted in designated camping areas only at McGee Creek WMA. 800: Vehicles (a) Except as otherwise provided, all motorized vehicles are required to stay on roads designated as open for public or hunter use. There are no exceptions for motorcycles, four-wheel drive vehicles, snowmobiles or all terrain vehicles. Travel on roads which are gated and locked or designated as closed is prohibited, unless otherwise specified in annual regulations for nonambulatory persons holding valid permits. (b) Only those vehicles registered as legal to operate on Oklahoma public roadways may be used or parked on lands owned or managed by the Oklahoma Department of Wildlife Conservation, except on specified areas designated for off-road use; unless otherwise provided for nonambulatory persons holding valid permits. All vehicles used by nonambulatory permittees must conspicuously display a sticker designating the vehicle is being used by a nonambulatory permittee and motor vehicle permittees must conspicuously display a sticker designating the vehicle is being used by a motor vehicle hunt permittee. (c) Maximum speed limit shall be 25 mph unless otherwise posted. (d) Off-highway vehicle (OHV) use on the Ouachita WMA shall be the same as U.S. Forest Service rules and regulations for the Ouachita National Forest. (e) Off-highway vehicle (OHV) use on the Black Kettle and Rita Blanca WMAs shall be the same as U.S. Forest Service rules and regulations for the Cibola National Forest. (f) It shall be unlawful to operate an all-terrain vehicle (ATV) or off-road vehicle (ORV) on the Three Rivers WMA and Honobia Creek WMA except under the following restrictions: (1) During any open deer season. (2) Any deer hunter licensed in Oklahoma, unless otherwise exempt. (3) Any hunter while operating an ATV/ORV shall comply with daylight fluorescent orange head and chest covering as required for hunting deer gun seasons. If a crash helmet is worn, only the fluorescent orange chest covering is required. (4) ATV/ORV use is restricted to WMA roads that are delineated on the current Three Rivers WMA map and Honobia Creek WMA map unless otherwise closed. (5) Only unaltered standard manufactured ATV/ORV s with a 700 cc motor displacement or less are allowed. (6) ATV/ORV use shall be restricted to a maximum speed of 25 mph. (7) Operator and/or passenger under the age of 18 shall wear a crash helmet of a type which complies with standards established by C.F.R., Section (8) No operator of an ATV/ORV shall carry a passenger unless that ATV/ORV has been specifically designed by the manufacturer to carry passengers in addition to the operator.

4 (9) Leaving any ATV/ORV, treestand, or game camera unattended on the Three Rivers and Honobia Creek WMA s without the owner s name and address affixed thereto in a conspicuous manner is prohibited. (10) Use of ATV/ORV off of delineated roads for retrieval of lawfully taken deer shall be permissible only with the following restrictions: (A) ATV/ORV s shall not travel more than ½ mile from the nearest road. (B) ATV/ORV s shall not cross rivers and streams unless on a road with constructed stream crossing structures. (C) ATV/ORV s used for deer retrieval shall not be used in areas otherwise closed to the use of motor vehicles (walk-in only hunting areas, etc.) (g) It is unlawful for any person to hunt, chase, capture, shoot, attempt to shoot, wound or kill any wildlife from a motor driven vehicle on any Department managed areas, except as provided for persons holding a nonambulatory motor vehicle hunting permit. (h) It is unlawful for any person to transport a loaded firearm on any Department managed area. No crossbow may be transported in a motor vehicle unless uncocked or disassembled. No bow that is at full or partial draw may be transported in a motorized vehicle. In addition, no person may take, catch, capture, kill or pursue wildlife or otherwise attempt to use for any purpose a vehicle mounted spotlight or other powerful light at night for any purpose on Department managed lands, except as otherwise provided for hunting of furbearers and predators, taking of frogs, or for navigational purposes while in a water conveyance. (i) Grassy Slough WMA, Hackberry Flat WMA, Mountain Park WDU, Red Slough WMA, Tishomingo WMU, Walker Creek WDU, Washita Arm WDU, Waurika WDU and Whitegrass Flats WMA are closed to all air driven water craft. (j) It shall be unlawful for any person to use, transport, park, or unload any personal watercraft within the land and/or water boundaries of the Fort Gibson Wildlife Management Area. (k) Air drive water craft use on the Tishomingo National Wildlife Refuge shall be the same as U.S. Fish and Wildlife Service rules and regulations. 800: Restricted public use areas (a) The following Wildlife Management Areas are closed to all non-hunting activities except hunter camping (areas where camping is allowed) during the period October 1 - February 15: Beaver River, Canton, Lexington, except fishing and angler camping is permitted at Lake Dahlgren, Okmulgee, and Ellis County except fishing and angler camping is permitted at Lake Vincent, Fort Supply and Sandy Sanders.The following Wildlife Management Areas are closed to all non-hunting activities except hunter camping (areas where camping is allowed) during the period October 1 February 15: Beaver River, Beaver River McFarland Unit, Canton, and Okmulgee. The following Wildlife Management Areas are closed to all non-hunting activities except for hunter and/or angler camping (areas where camping is allowed) and fishing during the period of October 1 February 15: Arbuckle Springs, Ellis County (Lake Vincent), Fort Supply, Lexington (Lake Dahlgren), and Sandy Sanders. (b) The following Wildlife Management Areas are closed to all non-hunting activities except hunter camping (on areas where camping is allowed) during the period October 1 - January 31and spring turkey season: Atoka, Cherokee, Cookson, Cross Timbers, James Collins, McGee Creek, Osage, Pushmataha, and Spavinaw. (c) Lake Dahlgren shall be closed to all other activities during Lexington Wildlife Management Area designated controlled hunt dates.

5 (d) The following Conservation Education Areas are closed to all non-hunting and non-fishing activities during the period of October 1 - January 15 unless authorized by ODWC; camping and fires of any kind are not permitted unless authorized by ODWC: Arcadia Conservation Education Area. (e) The following Wildlife Management Areas are closed to the possession of a dog(s) from 1 hour before official sunrise to 1 hour after official sunset during the deer firearms, primitive, and youth seasons, except under the provision of the Americans with Disabilities Act: Honobia Creek WMA, Pine Creek WMA, and Three Rivers WMA. SUBCHAPTER 9. PRIVATE LAND ACCESS THROUGH DEPARTMENT OWNED OR MANAGED LANDS [NEW] 800: Purpose The following rules of this Subchapter were to establish guidelines for private land access through Department owned or managed lands. 800: General provisions (1) Private land access through Department owned or managed lands may be granted only if no other practical means of accessing that property is available and at the discretion of the Department, which retains the right of refusal unless otherwise directed by court action. Access for private landowner versus commercial lessee enterprise will also be at the discretion of the Department. Said access will be avoided in or near any previously identified fragile, unique, or cultural areas. However, fragile or unique areas will not preclude utilization if damage to said fragile or unique areas can be prevented. Some examples of fragile and unique areas include but are not limited to: (A) Red-cockaded woodpecker colonies. (B) Potential red-cockaded woodpecker restoration sites. (C) Fragile environments such as natural lakes and bogs. (D) Turkey roosts. (E) Wetlands. (F) Wintering bald eagle roost. (G) Populations of endangered plants. (H) Prairie chicken leks. (I) Highly erodible soils. (J) Prairie dog colonies. (K) Bald eagle nests. (L) Nesting birds. (M) Areas of archeological importance. Archeological surveys will be at the expense of the permittee. (2) At no time will personnel crossing Department lands (except authorized security personnel) be permitted to carry firearms or other hunting, trapping, or fishing tackle or equipment unless the equipment is appropriate to an open season at the time and the individual(s) would otherwise be authorized to hunt/fish and be in possession of the appropriate license(s) or proof(s) of exemption, as stated in the Oklahoma Hunting/Fishing Regulation Guide booklet published by ODWC. Well sites and/or lease roads may not be used as access points for recreational activity

6 (ies) on wildlife management areas unless they are open to the public. (3) At no time shall activities of the access agreement interfere with primary use of Department land objectives. 800: Non-Commercial Activity (1) Landowner submits a request for access which includes landowner contact information, location of land to be accessed, purpose for requesting access, time frame of activity, map of wildlife management area with the existing roads to be traveled highlighted (construction of new roads may not be permitted). (2) The application will be reviewed. (3) If access is granted, the Department and landowner will enter into an annual access agreement or until agreed upon by both parties. The landowner will observe the following rules: (A)The road must be gated and locked at all times unless directed otherwise by the Area Biologist. Use of this road to participate in, or facilitate, illegal activities is grounds for termination of the access agreement and violators will be prosecuted accordingly. (B)The road may not be used to access a commercial hunting operation nor may it be used for any commercial purposes. Only the landowner of said property and the landowner's immediate family and friends shall be granted access. Use of the access road for commercial purposes is grounds for agreement termination. (C)Only existing management area roads depicted on the published WMA map will be used. All roadways, signs, gates, etc. are not to be altered or removed. (D)Designated roads must be maintained by the permittee in a passable condition for all motor vehicles during the proposed activities. Within thirty (30) days of notification by the Oklahoma Department of Wildlife Conservation, the permittee will be required to repair, all damage to roads, fences, trails, signs, cattle guards, structures, and/or any other improvements caused by the permittee activities. If the permittee fails to make the required repairs, damages shall be paid by permittee as assessed by the Oklahoma Department of Wildlife Conservation. These damages shall include the actual cost of restoration of roads, fences, signs, gates, structures and other area improvements damaged by permittee. Permits will be terminated if the permittee fails to either make repairs or pay the assessed fee. (E)Access will be in compliance with regulations governing the use of department managed lands. (F)Permittees are not to use this agreement solely to obtain vehicle access to portions of Department owned lands that are otherwise inaccessible to the general public. (G)All activities occurring on the access road must be coordinated with Area Biologist. Upon request from the Area Biologist, permittees may be periodically required to suspend activities to accommodate hunting seasons, prescribed management actions, etc. (H)The Department is not responsible for any illegal access of the permittee land via Department lands or any resulting damage that may occur. 800: Commercial Activity (1) The operator submits a request for an access permit. At a minimum, this request is to include the operator's contact information, location of land to be accessed, purpose, time frame of activity, and map of the wildlife management area that clearly highlights all planned routes (2) The operator is to deposit with the Department, a performance surety bond of Fifty Thousand Dollars ($50,000) from a surety company licensed to do business in Oklahoma. This

7 bond will be conditioned on the observances and compliance with the terms of the limited use and access agreement. This bond will be maintained at Fifty Thousand Dollars ($50,000) and shall remain in effect until released by the Department in writing. (3) The operator is to obtain approval from the Oklahoma Archeological Survey Office (OASO) and State Historic Preservation Office (SHPO). Written approval from the OASO and SHPO must be provided to the Department before any type of soil disturbance occurs. If applicable environmental surveys may be required, examples of environmental reviews may include but are not limited to storm water and/or wetland permits and endangered species survey. (4) The operator and Department shall enter into a written limited use and access agreement, as provided by the Department. The operator is to promptly remit payment for any damage and usage. Predetermined damages shall be paid to the Department under the written limited use and access agreement prior to beginning of any work activity. If additional damage and usage is determined by the Department after completion of proposed project, additional charges will be imposed. Activity that impacts marketable timber will be considered as part of damages. 800: Road development Existing management area roads are to be used for access whenever possible and are the Department's preferred procedure. If new roads must be constructed by the operator, they shall: (1) Agree to flag and notify Department personnel of this action prior to any construction in order to obtain approval for the planned route. (2) Follow the natural land contour if at all possible. (3) Roads and ditches are to be a maximum of 40' in width; dimensions and location MUST be approved by the Department prior to construction. The operator will be charged only for the width of road that is actually constructed. (4) Roads are to possess a base sufficient to support vehicles and equipment using it. "Base" guidelines will be predetermined by the Department. In addition, road maintenance materials at the rate of 2,000 cubic yards or tons equivalent per mile, will be provided to the Department, on site, prior to road construction and will be used to determine annual road maintenance costs. Size and location of material shall be determined by the Department. (5) Constructed roads shall include ditches, culverts, water bars, and turnoffs in order to provide adequate drainage and prevent erosion. (6) After completion, all new roads will be gated, locked and, if necessary, bermed to exclude all unauthorized access. Locks and non-reproducible keys may be provided by the Department at cost. Such measures shall not be necessary when the operator's roads are secured by existing Department gates. Locks need to be clearly labeled with the name of the company or person they belong to. (7) Cattle guards are to be installed wherever deemed necessary by the Department. Cattle guards are to include a 16 ft. pipe gate placed in the fence line adjacent to each cattle guard to allow passage of livestock. Exact location of gates shall be determined by the Department. (8) The operator is responsible for keeping the road free of trash and litter at all times. Litter blown or thrown out of the work area is to be picked up immediately by operator. The access area is to be free of litter at all times and litter removal is the total responsibility of operator before, during, and after road construction. (9) If any trees and shrubs are removed by road construction or any other site preparation, they will be piled at nearby locations for wildlife shelter, as determined by the Area Biologist. (10) Unless otherwise directed by the Department, a minimum of 6 inches of topsoil will be

8 removed for road construction or any site preparation. Removed soil is to be restored in topsoil stockpiles for later restoration. When topsoils are less than 6 inches, the available topsoil will be stockpiled and stored according to provisions of the operator's stormwater management plan (if applicable). (11) Disposal of solid waste will be in accordance with the "Oklahoma Solid Waste Management Act" and "Rules and Regulations" of the State Board of Health promulgated thereto. 800: Road maintenance Roads constructed by or used by the operator, including culverts, ditches, turnouts, water bars, gates and cattle guards will be maintained at the operator's expense. (1) The operator is required to maintain access road(s) and wildlife management area road(s) that are used by the operator, employees, or anyone working for the operator or hauling equipment through the wildlife management area. Roads will need to be graded at least once a year, while repair to ditches, turnouts and culverts is to occur whenever requested by the Department. (2) Constructed roads no longer needed for access and not adopted as part of the wildlife area road system are to be restored at the operator's expense. Restoration shall include returning the land to its original shape, slope and contour that existed prior to disturbance. Additionally, the operator is to recover the area with topsoil, native vegetation, and fertilizer (at a rate approved by the nearest NRCS office). All restoration, both plans and materials used, shall be approved by the Department prior to implementation. (3) Within thirty (30) days of notification by the Oklahoma Department of Wildlife Conservation, the operator is to repair all damage done to roads, fences, trails, signs, cattle guards, structures, and/or any other improvements damaged beyond ordinary wear and tear. 800: Damage and use charges Minimum damage and use charges for commercial land access roads are as follows: (1) Monitoring Fee: $1, The monitoring fee is per project. The Area Biologist will oversee the project from start to finish. This process begins with initial route selection, concludes with project completion, and includes all steps occurring in-between, (2) Roadways: (A) $10, per acre if new road. (B) Pipelines and electric lines proposed in new or existing roadways will be subject to corresponding damage and use charges. (3) If any activity resulting from the agreement damages Department crops, wildlife, or other land improvements, such damage will be taken into consideration and will be in addition to the minimum charges listed above. (4) Crop damage: Any activity relating to road access that damages Department agriculture or grazing leases must be negotiated separately with the lessee. All negotiations must be completed prior to beginning any work activity. The Department will provide the name and a contact number for any lessees potentially impacted by planned activities. (5) In addition to the damage costs above, the full value of any marketable timber (as determined by the Department) removed from roads or other construction activity shall also be paid by the permittee prior to construction based on ODWC timber cruise.