    [From the U.S. Government Printing Office, www.gpo.gov]

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                                       APALACHICOLA BAY

                                     UATIC PRESERVE MANAGEMENT PLAN

                     QH                                              1992
                     90.75
                     T6
                     A61
                     19Y2                    DEPARTMENT OF             NATURAL RESOURCES

                                           APALACHICOLA BAY

                                 AQUATIC PRESERVE MANAGEMENT PLAN

                                                ADOPTED

                                            JANUARY 22, 1992

                                           VIRGINIA WETHERELL

                                             Executive Director

                                      Department of Natural Resources

                                        This plan was prepared by the
                                  Bureau of Submerged Lands and Preserves
                                           Division of State Lands

                                                    Of

                  Funds for this management   plan were provided by the Department of
                  Environmental Regulation, Office of Coastal Management using funds made
                  available through the National Oceanic and Atmospheric Administration under the
                  Coastal Zone Management Act of 1972, as amended.

                                     This document, was print ed on recycLed paper.

                                                  EXECUTIVE SUMMARY

                    The Apalachicola Bay Aquatic Preserve lies along the northeast coast of the Gulf
                    of Mexico in Franklin County. The preserve, designated by the Governor and
                    Cabinet in 1969, covers an area of 80,000 acres of sovereignty submerged lands
                    including all tidal lands and islands, sandbars, shallow banks, submerged bottoms
                    and lands waterward of mean high water to which the state holds title.

                    Apalachicola Bay produces 90% of Florida's oyster crop and 10% of the nation's
                    oyster harvest. In addition, the estuary is a major breeding ground for the blue
                    crab and an important nursery for shrimp and finfish. The Apalachicola River, which
                    empties into the bay, has the largest flow of any river in Florida. The upper basin
                    has the greatest number of endangered plant species of any comparably sized area
                    in Florida and the highest density of amphibians and reptiles in the continent north
                    of Mexico.

                    Tidal flats are located on the bayward sides of the barrier islands, along the
                    mainland, and in the shallow waters associated with salt and freshwater marshes.
                    Little is known about these tidal flats, and they are often ignored because their
                    values to the aquatic ecosystem are not readily visible. However, marine biologists
                    consider them to be even more productive than the submerged grassbeds because
                    of their high microalgae production.

                    Population density in Franklin County and adjoining counties is low--less than 12.5
                    people/square mile. With few notable exceptions (i.e., cities of Apalachicola and
                    Eastpoint, part of St. George Island, and the coastal strand between Eastpoint and
                    Carrabelle), the major land uses in the Apalachicola Bay are forestry and federally
                    or state-owned conservation areas. About 93% of Franklin County is in forestry,
                    owned for conservation purposes, or is submerged. under rivers, streams or lakes.
                    In recent years, considerable acreage has been purchased in close proximity to the
                    estuary for environmental rather than recreational reasons--to protect the estuary
                    from impacts associated with habitat alteration.
                    The aquatic preserve has been divided into individual management areas. The'
                    management areas are classified and delineated based on the types and locations
                    of existing and planned uses of the adjacent uplands, as well as on the types,
                    occurrence and characteristics of the natural resources on submerged lands.
                    Specific rule criteria and allowable uses are defined in the plan for each area.

                    The major objective of the aquatic preserve management program is to ensure the
                    maintenance of an essentially natural condition within the preserve. Management
                    will also be directed to ensure public recreational opportunities' while assuring the
                    continued propagation of-fish and wildlife resources.

                    An additional management objective is the review and comment on application of
                    the use of state-owned submerged lands. Meeting these objectives will require a
                    fully implemented management program with on-site field personnel for the aquatic
                    preserve.

                    Various state, federal and regional agencies oversee laws and regulations which
                    apply to the lands and waters within the aquatic preserve. Therefore, management
                    of the aquatic preserve will complement agency programs whenever it is in the
                    preserve's interest. The Apalachicola National Estuarine Research Reserve, another
                    arm of DNR, has a strong presence in the estuary and coordinates closely with
                    aquatic preserve staff on management initiatives. Field personnel and central office
                    staff work together with many agencies to assume effective management and
                    pr otection.

                    The management of the preserve and protection of the resources included within
                    its boundaries will be enhanced by continually identifying and resolving specific
                    program needs. Meeting these needs, which may include legislative support,
                    administrative rule changes, resource protection capabilities, and funding and
                    staffing needs, will relieve some stress on the resources or personnel involved in
                    the management of the preserve. In the future, the field staff will develop and
                    submit a status report that summarizes the program's needs and suggests
                    measures to be taken to resolve these needs.

                                                  TABLE OF CONTENTS

                    CHAPTERI          INTRODUCTION.      ................................               1

                    CHAPTER 11        MANAGEMENT AUTHORITY            ......................          13
                                      Background     ..................................               14
                                      Administrative Rules for Aquatic Preserves     ............     15
                                      Relation to Other Applicable Plans and
                                      Programs    ....................................                17

                    CHAPTER 111       RESOURCE DESCRIPTION            ......................          19
                                      Physiography    .................................               19
                                      Geology    .....................................                20
                                      Climate    .....................................                29
                                      Hydrology     ....................................              30
                                      Physico-Chemical Parameters       .....................         31
                                      Water and Sediment Quality     .......................          38
                                      Biota and Habitat    ..............................             39
                                      Cultural Resources    ..............................            62

                    CHAPTERIV         HUMAN USES OF THE RESOURCE                S AND ASSOCIATED
                                      IMPACTS     ....................................                67
                                      Harvesting of Marine Resources     .....................        67
                                      Commercial Waterborne Navigation       ..................       75
                                      Adjacent Land Uses      ............................            82
                                      Basinwide Management      .........................           . 91

                    CHAPTER V         SITE SPECIFIC MANAGEMENT ISSUES             ..............      93
                                      Management Initiatives    ..........................            95

                    CHAPTER VI        MANAGEMENT AREAS          ..........................            97
                                      Introduction   .........                                        97
                                      Management Area Classifications     ......................      98
                                      Minimum Criteria for Allowable Uses   ................        100
                                      Management Areas     ............................             105

                   CHAPTER VII     MANAGEMENT ACTION PLAN          ...................      113
                                   Resource Management Program       ..................     114
                                   Resource Protection Program    ....................      119
                                   Research and Monitoring Program    .................     120
                                   Environmental Education/ Information Program   ........  124

                   CHAPTER Vill    PRESERVE MANAGEMENT COORDINATION NETWORK
                                   Federal Agencies   .........................        .... 127
                                   State Agencies   ...............................         130
                                   Regional Agencies  ...............................       135
                                   Local Government   .............................         136
                                   Other Organizations   ...........................        137

                   CHAPTERIX       STAFFING AND FISCAL NEEDS       ...................      139

                   CHAPTER X       RESOURCE AND ACTIVITY MONITORING PROGRAM              ... 143
                                   Resource Monitoring   ...........................        143
                                   Activity Monitoring ..............................       144
                                   Accomplishments and Progress Monitoring    ...........   144
                                   BIBLIOGRAPHY     ................................        145

                                                     LIST OF FIGURES

                     Figure 1.         Florida Aquatic Preserve System     ....................          3

                     Figure 2.         Apalachicola Bay Aquatic Preserve     ...................         5

                     Figure 3.         The Apalachicola-Chattahoochee-Flint
                                       River Basin  ....................................                 7

                     Figure 4.         Land in Public Ownership and Proposed for
                                       Acquisition in Proximity to the Apalachicola
                                       Bay Aquatic Preserve     ...........................            11

                     Figure 5.         The Apalachicola Estuary    .........................           21

                     Figure 6.         The Evolution of St. George Island    ..................        25

                     Figure 7.         Bottom Sediment Types in Apalachicola Bay       ...........     27

                     Figure 8.         Average Monthly Flows of the Apalachicola
                                       River   ........................................                33

                     Figure 9.         Effects of the Reservoir System on Flow in
                                       the Apalachicola River   ...........................            35

                     Figure.10.        Location of Major Oyster Bars in Apalachicola
                                       Bay   ........................................                  45-

                     Figure 11.        Submerged Aquatic Vegetation Distribution
                                       in Apalachicola Bay   .............................             49

                     Figure 12.        Emergent Aquatic Vegetation Distribution
                                       in Apalachicola Bay   .............................             53
                     Figure 13.        Apalachicola Bay Shellfish Harvesting Map      .............    71

                     Figure 14.        Federal Navigation Channels within the Aquatic
                                       Preserve   .....................................                77

                     Figure 15.        Future Land Use Map of Franklin County      .............       85

                     Figure 16.        Future Land Use Map for the city of
                                       Apalachicola   ..................................               87

                     Figure 17.        Management Areas of the Apalachicola Bay
                                       Aquatic Preserve  ..............................                111

                                                    LIST OF TABLES

                    Table 1.         Submerged Vegetation Acreage in the
                                     Apalachicola Bay System    .........................           51

                    Table 2.         Endangered and Potentially Endangered
                                     Flora and Fauna of the Apalachicola Bay
                                     Aquatic Preserve  ............................              58-61

                    Table 3.         Summary of Selected Franklin County
                                     Shellfish Landings  ..............................             68

                    Table 4.         Summary of Fin Fish Landings for Estuarine
                                     Dependent Species     .............................            69

                    Table 5.         Estimated Budget for FY 1991-1992 for the     '
                                     Apalachicola Bay Aquatic Preserve   .................        141

                                            LIST OF APPENDICES

                  Appendix A.    Administrative Codes ...........................       159

                  Copies of the legal description of the Apalachicola Bay Aquatic Preserve, as well
                  as copies of Chapter 253 and 258, F.S., and Chapter 18-21, F.A.C., may be
                  obtained from:

                                   Bureau of Submerged Lands and Preserves
                                        Department of Natural Resources
                                         3900 Commonwealth Boulevard
                                                Mail Station 125
                                         Tallahassee, Florida 32399-3000

                                                           CHAPTERI

                                                        INTRODUCTION

                     Apalachicola Bay is in Franklin County, Florida along the northeast coast of the Gulf
                     of Mexico. It was designated an aquatic preserve by the Governor and Cabinet in
                     1969 and is one of 42 such preserves in Florida (Figure 1). This aquatic preserve
                     covers an area of about 80,000 acres of sovereignty submerged lands. The
                     boundaries of the preserve (Figure 2) include all tidal lands and islands, sandbars,
                     shallow banks, submerged bottom, and lands waterward of mean high water
                     (MHW) to which the state holds title.

                     For many years, the Apalachicola estuary has supported the largest oystering
                     industry in Florida, providing 90% of the state's and 10% of the nation's oyster
                     harvest. The estuary also provides sizable shrimp, blue crab, and finfish yields. It
                     is a major blue crab breeding ground for the entire west Florida coast (Oesterling
                     and Evink, 1977) and an important nursery area for penaeid shrimp. Current
                     annual seafood landings are typically in excess of $14 million dockside and the
                     bay's seafood yield is an important part of the county's economy. The high
                     productivity of the estuary is a result of the overall. good quality of water in the bay,
                     the physical form of the bay, the salinity regime in the estuary -as defined by the
                     flow of the river, and the nutrient and detrital transport from the river's floodplain
                     (Livingston, 1984).

                     The estuary lies at the mouth of the Apalachicola-Chattahoochee- Flint (ACF) River
                     system (  Figure 3). The basin extends up into northern Georgia and drains 19,800
                     square miles in Alabama, Florida, and Georgia. Only 12% of the watershed lies in
                     Florida. The Apalachicola River has the largest flow of any river in Florida, with a
                     mean annual flow of 25,000 cubic feet per second (cfs). The drainage basin is a
                     unique and important biological resource. The upper basin has the greatest
                     number of endangered plant species of any comparably sized area in Florida
                     (FCREPA, 1981) and the highest density of amphibians and reptiles on the
                     continent north of Mexico (Means, 1977). The floodplain represents one of the
                     largest tracts of bottomland hardwoods in the Southeast outside the Mississippi
                     River system. The unusual biological diversity is attributable to geographical
                     location which allows the basin to receive floral and faunal influences from five
                     distinct physiographic areas (the Appalachian mountains, the Piedmont, the Atlantic
                     coastal plain, the Gulf coastal plain, and peninsular Florida) and variability of
                     physical environments.

                     The goal of the Florida Aquatic Preserve Program        as specified in Section 258.36,
                     Florida Statutes (F.S.), is to set aside forever state-owned submerged lands which
                     have exceptional biological, aesthetic, or scientific value for the benefit of future

                                                                 1

                    generations. Aquatic preserves include only lands or water bottoms owned or
                    leased by the State and lands owned by other governmental bodies specifically
                    authorized for inclusion in the preserve. Any publicly owned and maintained
                    navigation channel or other public works project authorized by the United States
                    Congress and designed to improve or maintain commerce and navigation are
                    excluded from the aquatic preserve boundaries.

                    It was the intent of the Florida Legislature that aquatic preserves be maintained in
                    an essentially natural or existing condition. Therefore, a program has been
                    established in the Department of Natural Resources to develop and oversee
                    implementation of a special management program and statutory guidelines for
                    aquatic preserves to assure that the overall goal of setting aside aquatic preserves
                    for future generations is realized. This management plan outlines that program.
                    As more information is learned about the preserve, management strategies outlined
                    in this plan may need to be modified. Specific goals included in the Apalachicola
                    Bay Aquatic Preserve are: 1) to conduct those resource management actions
                    necessary to conserve or enhance the natural resource-oriented values of the
                    preserve for future generations; 2) to ensure that all laws, rules, ordinances, and
                    permit conditions protecting the natural resources are complied with; 3) to conduct
                    research and monitoring activities that enhance the understanding of the Preserve's
                    dynamics and that maintain its natural conditions for future generations; and 4) to
                    educate people to use the environment in ways that conserve it and to take part
                    in making decisions that will affect their local natural resources.

                    Twenty-six management plans, of the 42 designated aquatic preserves in the state,
                    have been adopted by reference into the existing aquatic preserves rule, Chapter
                    18-20 Florida Administrative Code (F.A.C.). This management plan will be
                    subsequently incorporated into rule following its approval by the Board of Trustees
                    of the Internal Improvement Trust Fund. As such, the special criteria in this plan
                    will carry the same authority as current rule criteria.

                    Previous management plans were designed to be generic in nature, with policies
                    and management guidance generally applicable to all aquatic preserves. However,
                    this plan and all future aquatic preserve management plans will be more site-
                    specific and contain policy guidance and directives applicable to each individual
                    preserve.

                    Implementation of this plan rel  ies heavily on authorities and activities existing
                    outside the aquatic preserve program per se. Aquatic preserve's management
                    emphasize maintenance and enhancement of natural resources. Section 18-
                    20.004(2)(a), F.A.C. states that proposed development pi@qjects and lease requests
                    to utilize sovereign bottoms in less developed aquatic preserves, such as
                    Apalachicola Bay, shall be subject to a higher standard than similar projects in the
                    more developed preserves. As more     information is learned about the preserve and

                                                             2

    AQUATIC
    PRESERVES

    AQUATAIC PRESERVES ARE ESTABLISHED
    BY THE FLORIDA LEGISLATURE AND
    INCLUDE ONLY STATE OWNED
    SOVEREIGNTY SUBMERGED LANDS.
    THE GOVERNOR AND CABINET SITTING
    AS TRUSTEES OF THE INTERNAL
    IMPROVEEMENT TRUST FUND ARE
    MANAGERS OF THESE AREAS.

    FOR MORE INFORMATION REGARDING
    AQUATIC PRESERVES CONTACT:

    DEPARTMENT OF NATURAL RESOURCES
    DIVISION OF RECREATION AND PARKS
    BUREAU OF LAND AND AQUATIC
    RESOURCE MANAGEMENT
    3800 COMMONWEALTH BLVD
    TALLAHASSEE, FLORIDA  322303

    CREATED BY CAROL A. KNOX

    Figure 1	FLORIDA AQUATIC PRESERVE SYSTEM

    3

                                                                       Figure 2

                                                    APALACHICOLA        BAY AQUATIC PRESERVE

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                                                              APALACHICOL

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                                                                  APALACHICOLA*

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                  PASS

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                                             WE T
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                                                                 ... St. Ge
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                                             GULF OF MEXICO

                                                            Figure 3

                                     LOCATION OF THE APALACHICOLA
                          CHATTAHOOCHEE- FLINT (ACF1 RVIER -BASIN

                                                                     AL.
                            TN.           N.C.                       FL.

                                         S C.                        JACKSON

                            AL.     G A.
                                     FL.                                            S
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                                                        MARIANNA
                                                                                    Jim  "CHATTAHOOCHEE
                                                                             WOODRUFF
                                                                                    DAM  GADSDEN

                                                                                 Z
                           A-C-F BASIN
                                                                          Blount$-
                                                                           town*

                                                            CALHOUN

                                                               Dead
                                                              Lakes

                                                                      X

                                                                       . ..............

                                                                        .. ..........
                                                                 Walmlahitchk

                                                                                 vx.
                                  N                                              X."
                                                                 GULF

                            0    5    10 MILES                                        FRANKLIN

                                                                           A L-A-C -HI C _0L A
                                                                   St.                          C.'eo 6
                                                                               I'lps
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                                                                  Isis
                                                                           Cape
                                                                         St. George
                                   Lands in                             GULF OF MEXICO
                                   Public Ownership

                                                              7

                     ambient conditions analyzed, efforts to restore or enhance the productivity of
                     certain areas may be undertaken.

                     To effectively manage natural resources they must be understood and managed
                     in context to the greater whole of which they are a part. How the resource
                     functions as an ecological system and the sensitivity or vulnerability of the resource
                     to disturbance must be understood. The resource must be managed from a long-
                     term perspective.

                     This management plan is divided as follows: Chapter 11 cites authorities upon which
                     this management program and plan are built. Chapters [it and IV discuss the
                     resource, man's use of the resource, past problems associated with use of the
                     resource, and status and content of applicable local government comprehensive
                     plans. Chapter V focuses on site specific management issues and needs, and
                     Chapter VI discusses designated management areas. Chapter VII provides a
                     management action plan for the aquatic preserve. Chapter VIII the management
                     coordination network. And, Chapters IX and X the staffing and fiscal needs and
                     resources and activity monitoring program.

                     A considerable portion of the land adjacent to the Apalachicola Aquatic Preserve
                     are in public ownership (Figure 4). St. Vincent Island is a National Wildlife Refuge
                     owned by the U.S. Department of the Interior; Cape St. George Island is a subunit
                     of the Apalachicola National Estuarine Research Reserve administered by the
                     Department of Natural Resources; and much of the land surrounding East Bay was
                     purchased through the Conservation and Recreation Lands (CARL) and
                     Environmentally Endangered Lands (EEL) Programs. In addition, a high priority
                     acquisition on the current CARL list includes the acquisition of additional lands
                     which border the aquatic preserve.

                     One incorporated (Apalachicola) and one unincorporated (Eastpoint) urban area
                     border the preserve. In 1985 their combined population was less than 6,000 people
                     (BEBR, 1986). St. George Island is also developed with a current residential
                     population of less than 1,000 and a maximum seasonal tourist population of over
                     20,000 (DCA, 1986). Over half the water front on St. George Island adjacent to the
                     preserve is zoned at a maximum of one unit per acre, with the remainder zoned at
                     one unit per quarter acre. The mainland shore along St. Vincent Sound is owned
                     by St. Joe Paper Company and is largely undeveloped.

                     Apalachicola Bay Aquatic Preserve lies within the Apalachicola National Estuarine
                     Research Reserve. The Estuarine Research Reserve Program is intended to confer
                     protection and management on an area for the long-term-.benefit and enjoyment of
                     the public. Through this designation resource-oriented research and education
                     activities, and the integration of research findings into management decisions are
                     enhanced. The designation, however, does not afford any additional protection to
                     the resource and has limited direct management capabilities.

                                                               9

                   The preserve also lies within an International Biosphere Reserve Unit. International
                   recognition was conferred on the area in 1983 by the United Nations Educational,
                   Scientific, and Cultural Organization as part of their Man and the Biosphere
                   Program. The Biosphere Reserve Program emphasizes resource protection,
                   research, and education.

                                                       10

                                                                                     Figure 4
                                        LAND CURRENTLY IN PUBLIC OWNERSHIP AND LAND PROPOSED
                                          AQUISITION IN PROXIMITY TO APALACHICOLA BAY AQUATIC PRESE

                                                                                                  LEGEND

                                                                                                  AQUATIC PRESERVE

                                                                                                  CURRENTLY OWNED

                                                                                                  PROPOSED AQUISITION
                                                                 :1  N'.
                                      SR 381

                                                               X.
                                                E. E. L.
                                                Lands                                         TATES     HELL    SWAMP
                                                                                             East Bay Lands                  CARRABELLE

                                       lp

                                                               x

                                                           X.
                                                                            X
                                                                             ....                  'EAST-
                                                                                                  -POINT-

                                                       APALACHICOL'                                  CAT
                                                                                                    POINT
                                                                                   ACHICOLA
                                                                                   SAYFRONT

                                                                                                                        HELLPOINT
                                E.N.4-,
                     INDIAN       .1% N,,*-,*-:::::::j;::::@
                                                                                                                       BAYFRONT
                                                                                     NICKS
                      PASS
                                      ...... . ...                                                           60
                                                                                     MULE
                                       .. ........
                                                                                                                            Of
                                                                                                     U
                                                                                                       nit 4
                                              WEST      -----::'---SIKES CUT
                             N

                                              PASS                                                                               0
                                                                                   Sikes
                                 St. Vincent
                                                                                    Cut
                                 Island Nationa
                                 Wildlife Refuge
                                                                     State Reserve

                                                         CHAPTER 11

                                               MANAGEMENT AUTHORITY

                    The primary laws providing management authority for aquatic preserves are
                    Chapters 253 and 258, F.S.. These statutes establish the proprietary role of the
                    Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement
                    Trust Fund as trustees over all sovereignty submerged lands. They also empower
                    the Trustees to adopt and enforce rules and regulations for managing all
                    sovereignty submerged lands, including aquatic preserves.

                    The jurisdiction of the Florida Aquatic Preserve Program relates to the use of
                    sovereign submerged lands within the boundaries of the aquatic preserve.
                    Activities which cannot be controlled directly through an aquatic preserve
                    designation include use of the adjacent uplands, federal navigation projects within
                    an aquatic preserve, commercial fishing, water uses (i.e., boat speeds, wake zones,
                    etc.), and water quality. Although the Aquatic Preserve Program does not directly
                    control water quality, by virtue of the aquatic preserve designation the water body
                    has been declared an Outstanding Florida Water (OFW) and therefore, ambient
                    water quality at the time of the designation is the water quality standards for the
                    estuary.

                    The principle differences between submerged bottoms designated as aquatic
                    preserves and other submerged bottoms within the state are in regard to activities
                    which would disturb the submerged bottoms such as in the drilling of oil and gas
                    wells, excavation of minerals, construction of seawalls, the placement of rip rap, the
                    construction of docks and boathouses, dredging and filling, and the placement of
                    utilities. In addition, a public interest test must be met *within aquatic preserves,
                    whereas on other sovereign lands no public interest test exists except in regard to
                    the sale of sovereign land.

                    Sections 258.35-258.46, F.S., enacted in 1975 comprise the Florida Aquatic
                    Preserves Act. These sections set forth a standardized set of management criteria
                    for all designated aquatic preserves and represent the primary laws governing use
                    of sovereignty submerged lands within aquatic preserves.

                    Management responsibilities may be fulfilled directly by the Governor and Cabinet
                    or indirectly by staff of the Division of State Lands through delegations of authority
                    from the Board of Trustees. Staff of the Division of -State Lands, Bureau of
                    Submerged Lands and Preserves serve as on-site managers for the Board of
                    Trustees and review requests for uses affecting state-*owned sovereignty
                    submerged lands within the aquatic preserves. Project assessments and reviews

                                                              13

                    are evaluated in accordance with the criteria in Sections 258.35-.42, F.S., (Florida
                    Aquatic Preserves Act) and Chapter 18-20, F.A.C.

                    BACKGROUND

                    The laws supporting aquatic preserve management are the direct result of the
                    public's awareness of the importance of preserving Florida's coastal environment.
                    resulting from the rampant dredge and fill activities in the late 1960s.

                    In 1967 the Florida Legislature passed the Randall Act (Chapter 67-393, Laws of
                    Florida), which established procedures regulating previously unrestricted dredge
                    and fill activities on state-owned submerged lands. That same year the legislature
                    provided statutory authority (Section 253.03, F.S.) for the Board of Trustees to
                    exercise proprietary control over state-owned lands. Also in 1967, government
                    focus on protecting Florida's productive estuaries from development led to the
                    Board of Trustees establishment of a moratorium on the sale of submerged lands
                    to private interests. In the same year, an interagency advisory committee on
                    submerged lands was created. In late 1968, the committee issued a report
                    recommending the establishment of twenty-six aquatic preserves. Also in 1968, the
                    Florida Constitution was revised, declaring in Article 11, Section 7, the State's policy
                    of conserving and protecting the natural resources and scenic beauty. That
                    constitutional provision also established the authority for the legislature to enact
                    measures for abatement of air and water pollution.

                    On October 21, 1969 the Governor and Cabinet acted upon the recommendations
                    of the Interagency Advisory Committee and adopted by resolution eighteen of the
                    water bodies as aquatic preserves, including Apalachicola Bay. Other preserves
                    were similarly adopted at various times through 1971. Prior to the October 1969
                    action, the Legislature had created the Boca.Ciega Aquatic Preserve. Subsequent
                    legislation in 1972, 1973, and 1974 created the Pinellas County, Lake Jackson and
                    Biscayne Bay Aquatic Preserves, respectively.

                    In 1975, the legislature established the Florida Aquatic Preserve Act (Chapter 258,
                    F.S.), bringing all existing preserves under a standardized set of maintenance
                    criteria. Subsequent acts added Cockroach Bay in 1976, Rookery Bay in 1977 and
                    Gasparilla Sound-Charlotte Harbor in 1978 to the Aquatic Preserve Program.

                    In June,   1985, the Legislature passed Senate Bill 762 which expanded the
                    boundaries of the Rookery Bay, Banana River, Indian River-Malabar to Vero Beach,
                    Loxahatchee River-Lake Worth Creek, and Wekiva River. Aquatic Preserves, and
                    created the Guana River Marsh and Big Bend Seagrasses Aquatic Preserves.
                    Lemon Bay and Rainbow Springs were added as'aquatic preserves by SB 607 in
                    1986.

                                                               14

                     ADMINISTRATIVE RULES FOR AQUATIC PRESERVES

                     Chapters 18-20 and 18-21, F.A.C., are rules adopted by the Board of Trustees
                     designating the allowable uses of aquatic preserves and other submerged lands.
                     Chapter 18-20, F.A.C. addresses the aquatic preserves specifically and derives its
                     authority from Sections 258.35, 258.36, 258.37, and 258.38, F.S. The intent of this
                     Chapter is found in Section 18-20.001, F.A.C. which states:

                             110) All sovereignty lands within a preserve shall be managed primarily for
                             the maintenance of essentially natural conditions, the propagation of fish and
                             wildlife, and public recreation including hunting and fishing where deemed
                             appropriate by the board and the managing agency.
                             (2) The aquatic preserves which are described in 73-534, Laws of Florida,
                             Sections 258.39, 258.391, 258,392, and 258.393, Florida Statutes, future
                             aquatic preserves established pursuant to general or special acts of the
                             legislature, and in Rule 18-20-002, Florida Administrative Code, were
                             established for the purpose of being preserved in essentially natural or
                             existing condition so that their aesthetic, biological and scientific values may
                             endure for the enjoyment of future generations.

                             (3) The preserves shall be administered and managed in accordance with
                             the following goals:

                                     (a) to preserve, protect, and enhance these exceptional areas of
                                     sovereignty submerged lands by reasonable regulation of human
                                     activity within the preserves through the development and
                                     implementation of a comprehensive management program;

                                     (b) to protect and enhance the waters of the preserves so that the
                                     public may continue to enjoy the traditional -recreational uses of those
                                     waters such as swimming, boating, and fishing;

                                     (c) to coordinate with federal, state, and local agencies to aid in
                                     carrying out the intent of the Legislature in creating the preserves;

                                     (d) to use applicable federal, state, and local management programs,
                                     which are compatible with the intent and provisions of the act and
                                     these rules, and to assist in managing the preserves;

                                     (e) to encourage the protection, enhancement, or restoration of the
                                     biological, aesthetic,.or scientific values of th@ preserves, including but
                                     not limited to the modification of existing manmade conditions toward
                                     their natural condition, and discourage activities which would degrade
                                     the aesthetic, biological, or scientific values, or the quality, or utility of

                                                                 15

                                    a preserve, when reviewing applications, or when developing and
                                    implementing management plans for the preserves;

                                    (f) to preserve, promote, and utilize indigenous life forms and
                                    habitats, including but not limited to: sponges, soft coral, hard corals,
                                    submerged grasses, mangroves, salt water marshes, fresh water
                                    marshes, mudflats, estuarine, aquatic and marine reptiles, game and
                                    non-game fish species, estuarine aquatic, and marine invertebrates,
                                    estuarine, aquatic, and marine mammals, birds, shellfish and
                                    mollusks;

                                    (g) to acquire additional title interests in lands wherever such
                                    acquisitions would serve to protect or enhance the biological,
                                    aesthetic, or scientific values of the preserve;

                                    (h) to maintain those beneficial hydrologic and biologic functions, the
                                    benefits. of which accrue to the public at large."

                     Chapter 18-21, F.A.C., controls activities conducted on sovereignty submerged
                     lands in general and is predicated upon the provisions of Sections 253.03 and
                     253.12, F.S. The general rules in Chapter 18-20, F.A.G. are supplemental to the
                     rules in Chapter 18-21, F.A.C. in the regulation of activities in the aquatic preserve.
                     The stated intent of this administrative rule is:

                             "(1) to aid in fulfilling the trust and fiduciary responsibilities of the Board of
                             Trustees of the Internal Improvement Trust Fund for the Administration,
                             management, and disposition of sovereignty lands;

                             (2) to insure maximum benefit and use of sovereignty lands for all the
                             citizens of Florida;

                             (3) to manage, protect, and enhance sovereignty lands so that the public
                             may continue to enjoy traditional uses including, but not limited to,
                             navigation, fishing, and swimming;

                             (4) to manage and provide maximum protection for all sovereignty -lands,
                             especially those important to public drinking water supply, shellfish
                             harvesting, public recreation, and fish and wildlife propagation and
                             management;

                             (5) to insure that all public and private activities on sovereignty lands which
                             generate revenues or exclude traditional public uses provide just
                             compensation for such privileges; and,

                             (6) to aid in the implementation of the State Lands Management Plan."

                                                                 16

                     RELATION TO OTHER APPLICABLE PLANS AND PROGRAMS

                     The State Comprehensive Plan, established by Chapter 187, F.S., provides long-
                     range policy guidance for the orderly social, economic, and physical growth of the
                     State. As such, the State Comprehensive Plan provides direction for management
                     of physical resources within the State. The goals, objectives, and policies set forth
                     in this aquatic preserve management plan are designed to be consistent with those
                     of the State Comprehensive Plan.

                     The Conceptual State Lands Management Plan, adopted on March 17, 1981, and
                     amended by the Board of Trustees on July 7,-1981 and March 15, 1983 contain
                     specific policies concerning spoil islands, submerged lands leases, "Outstanding
                     Native Florida Landscapes", unique natural features, seagrass beds, archaeological
                     and historical resources, and endangered species. These policies provide some
                     of the fundamental direction for formulating management plans and policies for the
                     Aquatic Preserve Frogram.

                     Local Government Comprehensive Plans (LGCP) for Franklin County and the city
                     of.Apalachicola are required by Section 163.3161, F.S. These comprehensive plans
                     are intended to guide the future development in the city and county. Both are
                     required by law to conform to criteria, policies, and practices listed in their
                     comprehensive plan. The Division of State Lands reviews these local plans to
                     assure their compliance with submerged land policies of the state and of the
                     Aquatic Preserve Program.         Aquatic preserve management plans provide
                     management guidance for state sovereign lands which are beyond the jurisdiction
                     of the Local Government Comprehensive Planning Act. Therefore, if coordinated
                     properly the management plan for an aquatic preserve can serve as the waterward
                     extension of the city's and county's Local Government Comprehensive Plan. The
                     city of Apalachicola's LGCP was formally adopted in 1990, whil Franklin County's
                     was adopted in 1991 because of the need to resolve several comments by state
                     agencies. In March 1990, the Beach Restoration Management Plan was adopted
                     by the Governor and Cabinet for Gulf County. The Aquatic preserve management
                     plan should be consistent with the beach management plan for the area.

                     Submerged areas are subject to the provisions of Section 161.041, F.S. and. inlet
                     management plans are subject to the provisions of Section 161.161, F.S., and
                     would apply if promulgated for Indian Pass, West Pass, and Sikes Cut. Of these
                     inlets, the Beach. Restoration Management Plan of the Division of Beaches and
                     Shores recommends that maintenance dredged materials from Sikes Cut be placed
                     back on beaches.

                                                              17

                           Apalachicola River and Bay SWIM Program

                    The SWIM Program on the Apalachicola River and Bay consists of a multifaceted
                    plan encompassing all aspects of water resource management in the basin. While
                    not having specific authority to regulate or mandate management decisions, a
                    major objective of the program includes establishing and monitoring the
                    implementation of a basinwide management strategy. This effort requires a
                    perspective which incorporates a long-term, comprehensive view with the details
                    of specific, day-to-day management operations.

                    The SWIM Program will attempt to provide funding for a diversity of projects
                    including those with a long term, basinwide focus, as well as site specific projects
                    of an immediate and timely nature. All projects regarding management issues in
                    the basin which may affect the water quality and aquatic habitat of the Apalachicola
                    River and Bay are candidates for inclusion in the program. Since the Florida
                    portion; of the Apalachicola Basin remains in a relatively undisturbed state, a main
                    thrust of the program will provide a framework in which effective and cooperative
                    management decisions can be formulated to limit further degradation of the
                    ecosystem.     Restoration of areas that are beneficial to the functioning and
                    enhanced use of the system should also be pursued concurrently.

                    An understanding of how.the entire system functions is essential to successful
                    implementation of a program designed to preserve and restore the natural
                    resources of the Apalachicola Basin. Funding of baseline research projects and
                    comprehensive review of previous studies is needed to adequately assess the
                    various components and interrelationships within the basin. Such assessments of
                    the natural cycles and functions of biota and hydrologic flow reqime are needed to
                    develop effective and rational management decisions.

                    With such broad-based criteria to-satisfy, allocation of limited funds to such a wide
                    range of potential projects is-a difficult task. To assist with this task, a Technical
                    Advisory Committee (TAC), consisting of federal, state and local government
                    representatives was formed to advise the NWFWMD.

                    A subcommittee of the. TAC was created to review and rank all potential projects.
                    After concurrence by the full TAC, funding allocations will be made based on these
                    priority rankings and the existence of available funds.

                                                              18

                                                       CHAPTER III

                                                RESOURCE DESCRIPTION

                    To adeq  uately manage and protect the resources of an aquatic preserve it is
                    essential to understand the physical and biological resources of the preserve, how
                    they function and interact within the preserve boundaries, and how the resources
                    within the preserve interact with the larger natural system of which they are part.
                    The Apalachicola Bay Aquatic Preserve lies at the mouth of the Apalachicola-
                    Chattahoochee- Flint (AFC) River system which extends up into northern Georgia
                    and drains 19,800 square miles in Alabama, Florida, and Georgia.                  The
                    Apalachicola River is the largest in Florida in terms of flow, and plays a major role
                    in defining the salinity regime and ecology of Apalachicola Bay. The estuary covers
                    an area of about 210 square miles, with about 60% of this area included within the
                    aquatic preserve's boundaries.

                    PHYSIOGRAPHY

                    The Apalachicola estuary is bounded on the Gulf side by four barrier islands: St.
                    Vincent Island, St. George Island, Cape St. George Island, and Dog Island (Figure
                    5). St. Vincent is a triangular-shaped island about 9 miles long and up to 4.5 miles
                    wide. Dog Island, St. George Island, and Cape St. George Island range -from 0. 1
                    to 1.0 miles wide, and are 7, 22, and 9 miles long, respectively.

                    Between the islands are inlets and passes to the Gulf of Mexico. The bay system
                    may be divided into four sections based both on natural bathymetry and man-made
                    structural alterations. These are East Bay, St. Vincent Sound, Apalachicola Bay,
                    and St. George Sound. East Bay, north and east of the Apalachicola delta, is
                    surrounded by extensive marshes and swamps, and has an average depth of about
                    three feet (Dawson, 1955). The John Gorrie Bridge is considered its southern limit.
                    A causeway extending from Eastpoint, and a causeway island near the mouth of
                    the Apalachicola River form partial barriers between East Bay and Apalachicola Bay.

                    St. Vincent Sound is shallow, with an average depth of about 4 feet (Gorsline,
                    1963). It contains numerous oyster bars and lumps, and separates St. Vincent
                    Island from the mainland. It is linked to the Gulf by Indian Pass, whose maximum
                    water depth is about 12 feet. Apalachicola Bay is the central and widest portion of
                    the estuary. It is separated from StVincent Sound by shoal areas and oyster bars.
                    To the north it is separated from the river mouth, delta, and East Bay by the John
                    Gorrie Memorial Bridge. The bay is connected to the Gulf through West Pass, a
                    deep tidal inlet, and Sikes Cut, a man-made navigation channel which separates St.
                    George and Cape St. George Islands. Depths in Apalachicola Bay average 6 to 9

                                                              19

                    feet at mean low water (MLW). Oyster lumps are scattered throughout the central
                    bay area and near the Gorrie Bridge. To the east, Apalachicola Bay is bounded by
                    Bulkhead Shoal, a natural submerged bar that extends from the mainland to St.
                    George Island. Construction of a causeway island in the center of the bar and a
                    causeway extension at St. George Island raise part of the bar above sea level.

                    St. George Sound, with an average depth of about 9 feet, extends from Bulkhead
                    Shoal to the Carrabelle River and East Pass. East Pass connects the sound with
                    the Gulf of Mexico and seperates St. George and Dog Islands.

                    GEOLOGY

                    The Apalachicola coast is a classic example of a cuspate foreland and delta. The
                    present bay delta, however, is a bay head delta of the compound lobate-birdfoot
                    form and is filling in a drowned river valley. The presence of Pleistocene age
                    alluvial sediments in a 50 mile wide band extending from Panama City to the
                    present day Ochlockonee River indicates that the Apalachicola delta has migrated
                    between these points in recent geologic time, with the most recent movement being
                    in an easterly direction (Schnable and Goodell, 1969). The original source of sands
                    that make up the barrier island system off the Apalachicola coast is the Appalachian
                    Piedmont to the north (Schnable, 1966). These sands are extensively reworked
                    coastal plain sediments deposited at. lower sea levels. Kofoed (1961) concluded
                    that no significant amount of quartz sand material is currently being.supplied to the
                    long shore drift system from outside the chain of barrier islands. Most of the sand-
                    sized load of the Apalachicola River is being deposited at the delta front of the
                    distributary channels. Isphording (1985) estimated that sand represents only about
                    one percent of the river-borne sediment load deposited in the bay from the river.
                    Some clay and some silt sized materials do reach the Gulf, however, the bulk of the
                    sediment load of the Apalachicola River, both coarse and fine, is believed to have
                    been deposited in the modern prograding, or forward moving, delta front since sea
                    level attained its present position (Schnable, 1966). This was confirmed in a
                    recently completed study of river and delta sediments and sedimentation rates by
                    Donoghue (1987). That study found that most.. of the river's sediment is being
                    deposited in the delta prograding into East Bay, with the remainder residing in the
                    floodplain or Apalachicola Bay. Over this time period the delta is believed to have
                    prograded about 5 to 10 miles.

                    The Apalachicola Bay system is considered to be less than 10,000 years old with
                    the general outline of bay stable over the last 5,000 years, except for the migration
                    of the delta front southward into the estuary (Tanner, 1983). The developrnent and
                    evolution of a barrier rim med estuary such as Apalachico%- Bay is an attempt by the
                    physical environment to achieve. a dynamic equilibrium with the hydraulic regime.
                    Barrier islands are ephemeral features which are a response to the post-glacial

                                                             20

                                                    10
                                                      ets
                                                          '0@

                          cl

                                 SR 381

                                                                                  TATES HELL      SWAMP

                                                                                                              CARRABELLE
                                                         _j
                                                         0

                                                                                 EAST
                                                                                BAY    EAST-
                                                                                     -POINT-

                                      S'98      APALACHICOLA           jolAn G

                                           SOUND
                                V 114C EN
                                                         APALACHICOLA
                  IN  IAN
                   PASS              r I                        BAY                           'to
                                                                                               to
                                        SLAIJVD
                                                                                                            0*
                                         W'EST-
                                         PASS,   cl                     Sikes                                   0
                                                    01                   Cut

               Figure 5        APALACHICOLA ESTUARY

                     submergence of the continental shelf. Therefore, to understand the evolution of250
                     to 400 feet below its present level (Schade, 1985). No conclusive evidence exists
                     for a stand of the sea higher than its present level during recent time. The most
                     commonly accepted theory has sea level rising asymptotically, with the sea level
                     4,500 years ago being 2.0 to 4.0 meters below its current level; 1.0 meter below
                     3,000 years ago; and 0.3 to 0.7 meters below 2,500 years ago (Schade, 1985).
                     However, Stapor and Tanner (1977) derived an alternative theory in which sea level
                     has fluctuated in the last several thousand years. Their theory has sea level 0.5 to
                     1.5 meters below its current level 3,000 to 5,000 years ago; at its present level
                     2,100 to 3,000 years ago; and 1.0 to 2.0 meters below its current level 1,500 to
                     2, 100 years ago. Schade (1985) concluded that this alternative theory fits well with
                     geological evidence and data on St. George and St. Vincent Islands.

                     Schade (1985) noted that three models exist to explain the evolution of barrier
                     islands: 1) the up-building of submarine bars; 2) spit growth and subsequent
                     separation by inlets; and 3) submergence of inland beach ridges. These models
                     can operate independently or in combination. Schade (1985) concluded that St.
                     George Island is a relatively young island (less than 3,000 years) composed of two
                     smaller island cores grown together plus Gap Island upon which it has welded
                     itself. Gap Island represents the first emergent feature on what is now St. George
                     Island, dating back about 3,500 years. St. Vincent Island. is believed to be the
                     oldest of the barrier islands off the Apalachicola coast dating back over 3,500 years
                     .(Stapor, 1973). Schade (1985) hypothesized that during the sea level decline
                     believed to have occurred 1,,500 to 2,100 years ago, two other island cores
                     emerged between Gap Island and St. Vincent Island. These two island cores are
                     believed to have grown laterally mostly by spit progradation and eventually closing
                     the inlet between them less than a 1,000 years ago to form a single island
                     (Figure 6).

                     On a geologic time scale estuaries are ephemeral features having a life span which
                     measures from a few thousand years to a few tens of thousands of years (Schubel
                     and Hirschberg, 1978). The principle factor which leads to an estuary's demise is
                     in-filling by river-born sediment load (Isphording, 1985). In-filling rates greater than
                     10 millimeters (mm) per year have been measured in the bay (Donoghue, personal
                     communication), and Isphording (1985) calculated an average rate of 5.44 mm/year
                     for the entire estuary, 2.87 mm/year for Apalachicola Bay, 17.2 mm/year St.
                     George Sound, 1.31 mm/year for East Bay, and 0.37 mm/year for St. Vincent
                     Sound. Bedosky (1987) found sedimentation rates in East Bay to average 2.6
                     mm/year, and where mixing occurs Donoghue found rates to be as large as 15
                     cm/year. Bedosky (1987) found long-term sedimentation rates in East Bay to be
                     relatively constant over the last 100 years. These rates are large when compared
                     to other Gulf and Atlantic estuaries, and consequently Isphording (1985) concluded
                     that the combination of high rates of deposition and the absence of any appreciable
                     subsidence in the estuary will inevitably lead to its demise. Donoghue (1987)
                     estimated the expected lifetime of East Bay to be less than 400 years, whereas

                                                                23

                    Isphording and I msand (1987) estimated the estuary could be filled in less than 800
                    years. However, they also noted that hurricanes such as those in 1985 can scour
                    out the bay and significantly prolong its existence. Bathymetric changes in the
                    estuary are not only important from a long-term physical perspective. Changes in
                    bathymetry induce changes in other parameters such as salinity, water temperature,
                    and dissolved oxygen, and thereby influence the overall ecology of the System.

                    Kofoed and Gorsline (1963) concluded that the sedimentary characteristics of the
                    Apalachicola Bay system are the result of several integrated factors including:.
                    bathymetry; reworking of sediments by wind, wave, and current action; the
                    production of organic material by local faunal assemblages; and sediment from the
                    Apalachicola River. Bathymetry is considered to be the most important single factor
                    controlling the distribution and textural properties of bottom material. Waves and
                    currents within the bay are also important in keeping material in suspension until
                    it eventually reaches areas where energy is low enough to permit deposition.

                    In general, the sedimentary floor of the bay system is formed by quartz sand with
                    a thin cover of clay in the central basin. The sediment cover in the central bay
                    measures 30 to 60 feet thick (Gorsline, 1963). Oyster reefs have contributed
                    substantial calcareous debris to estuarine sediments. The bottom sediment types
                    in Apalachicola Bay are shown in Figure 7. St. George Sound is shown to be
                    predominantly sandy, whereas the rest of the bay sediments have varying degrees
                    of clay mixed with sand. Isphording (1985) compared the present bottom sediment
                    types with those in 1825 by dating core samples. There was little difference in'St.
                    George Sound sediments; however, in the rest of the bay, there was a considerable
                    shift from silts to clays. Clays, sandy clays, and clayey sands which are so
                    widespread on the present map were formerly silty clays, silty sands, and sand-silt-
                    claymixtures. Isphording (1985) hypothesized that the present scarcity ofsilt in the
                    Apalachicola Bay sediments is due to either: a change in the sediment carried by
                    the Apalachicola River due to the upstream reservoirs; events taking place in the
                    bay which have acted to remove or bury silt; or, a combination of both.

                    Biological assemblages contribute varying amounts of organic material and
                   -calcareous debris to the sediment. Once in the sediment, organic material
                    becomes food for burrowing organisms, and is acted upon by bacteria and
                    returned to the water column as inorganic nutrients. Kofoed and Gorsline, (1963)
                    found that a correlation exists between bathymetry and organic content of the
                    sediments. Organic carbon values were found to be low in elevated areas where
                    organic material is easily re-suspended from the sediment by current action. In
                    depressions, the organic carbon content tends to increase. Organic carbon and
                    nitrogen are deposited under the same energy conditions-as clay and the percent
                    composition is therefore greater in the finer sediments.

                                                             24

                                       mmmmmm Ill@=

                                                          Figure 6
                                  THE EVOLUTION OF              ST. GEORGE ISLAND

                 -C,
                   0,(
                                                                                                            C/-

                                  GAPISLAND
                                    SHOAL

              CAPE ST.       > 3500 B. P.                   3500-2500 B.P.                     <2000 B.P
            GEORGE SHOAL      SHOAL                        EMERGENCE AND                       EMERGENCE OF ST.
                              AGGRADATION                 CONSTRUCTION OF*                     GEORGEISLAND
                                                             GAPISLAND                         NUCLEI

                          < 2000-1000 B.P.                      0000 B.p                               1984
                          ISLAND GROWTH                         INTEGRATION        f
               f          FROM OFFSHORE                                                             KILOMETERS
                          SOURCES              I
                                                                                   /                   0   5   10
                           S L

                                                                                               Source: Schade,1985

                                                                         Figure 7

                                      BOTTOM SEDIMENT TYPES OF                           APALACHICOLA BAY

                  N

                                                                Apalachic
                                                                            .............

        14

                                                       ..........

                                                       .. ........

                                                                                                       0 1 2 3 4 5
                                                                    %S
            Source: Isphording, 1985                         Geotgo                                       Kilometers

                    Heavy minerals are uniformly distributed over the bay, rarely exceeding 1% of the
                    sediment by weight. Dominant clay minerals in the bay are derived from rocks in
                    the piedmont province (Bedosky, 1987). Glauconite is common in the small pellets
                    and cavity fillings of silt and clay-sized material found throughout the bay. It is
                    believed that these grains originated within the bay (Barackman, 1964). Kofoed
                    and Gorsline (1963) and Bedosky (1987) found kaolinite to be the most abundant
                    clay-mineral in the bay, but Isphording (1985) found montmorillonite to be the most
                    abundant clay mineral. Other clay minerals present in the bay include smectite,
                    muscovite, gibbsite, and palygorskite (Bedosky, 1987).

                    The only mineral materials of potential economic importance in the bay are road fill,
                    foundation fill, and peat. Although the area is believed to have some potential for
                    oil, no economically recoverable oil has been found to date in test wells drilled in
                    the region, and there are no active leases within the estuary.

                    Coastal Franklin County has historically undergone moderate and systematic shifts
                    in in shoreline location which can be tied, in large part, directly to longshore
                    transport cells (DNR, 1990). The primary causative factors for beach and dune
                    erosion in the vicinity of the Apalachicola Bay Aquatic Preserve are periodic major
                    storm events, long term sea level rise, and inlet and cape effects (DNR, 1990). The
                    pattern of erosion problem areas suggest a _complex coastal regime which is
                    somewhat dependent on shoreline alignment and shoal geometry and their effects
                    on wave refraction and wave energy levels.

                    Clark (1989) identified a number of sites on barrier islands fronting Apalachicola
                    Bay undergoing beach erosion. These included: 3.2 miles of the center portion of
                    St. Vincent Island; a 0.4 mile segment near West Pass, a 1.3 mile segment of shore
                    near Cape St. George, and a 3.2 mile segment west of Sikes Cut on Cape St.
                    George Island; and, a 3.3 mile segment east of Sikes Cut and the eastern tip on St.
                    George Island.

                    CLIMATE

                    The Apalachicola estuary is located in a transitional climatic zone between the semi-
                    tropical climate of peninsular Florida and the subtropical climate of the southeastern
                    United States. Average annual rainfall is about 56 inches. Maximum rainfall occurs
                    during the summer and fall months, with September being the wettest. The dry
                    season occurs from October through December. Mean rainfall from June to
                    September accounts for about 55 percent of the annual total. Convection type
                    storms are the predominant source of rainfall in the summer and frontal storms are
                    the typical source in the winter.

                                                              29

                     Hurricanes and tropical storms occasionally further influence the late summer and
                     fall weather of the region, bringing extremes in wind, rainfall, and tides. Twelve
                     minor hurricanes (winds between 74 mph and 110 mph) and four major hurricanes
                     (winds greater than 110 mph) passed within 50 miles of the island in the last 100
                     years. Over this same time period 16 minor and nine major hurricanes passed
                     within 100 miles of island (Isphording and Imsand, 1987).

                     Apalachicola Bay is in an area of transition from the semi-diurnal tides of
                     southwestern Florida and the diurnal tides of northwest Florida. Its tides are.
                     therefore classified as mixed. High tide arrives progressively later to the western
                     and mainland portions of the bay. The normal tidal range is 1 to 2 feet, with a
                     maximum of 3 feet. Because of the gentle slope of the continental sheff, wave
                     energy along the Gulf coast beaches is generally moderate.

                     Mean monthly temperatures range from 54.4 degrees Fahrenheit in January to 81.4
                     degrees Fahrenheit in July and August. Periods of below freezing temperatures are
                     generally brief, not lasting more than a few days.

                     There is large variability in wind direction over the course of the year. Cold, dry
                     fronts from Canada cause winds to come from a north to north-easterly direction
                     during the fall and winter. In contrast, warm, moist, southerly flow from the Gulf of
                     Mexico dominates the weather pat-tern in the spring and summer.

                   .HYDROLOGY

                     Water currents in Apalachicola Bay are due primarily to the astronomical tides, but
                     are also strongly influenced by the direction and speed of prevailing winds, river
                     flow, and the physical structure of the bay (Dawson, 1955). Roughly 700,000 cubic
                     feet of Water per second leave the bay system at maximum velocity during ebb flow
                     (Gorsline, 1963). Although the Apalachicola River is the largest among Florida
                     rivers with an annual discharge at the river's mouth of about 25,000 cubic feet per
                     second (cfs), it has only a limited influence on the hydrodynamics of the bay except
                     in the immediate receiving areas (Conner et al., 1982). The river does, have a
                     profound influence on the estuary's salinity regime. Net movement of water is from
                     east to west. The more saline Gulf water enters through St.George Sound, and
                     moves west mixing with water in East Bay and Apalachicola Bay, and eventually
                     moves back into the bay through Sikes Cut, West Pass, and Indian Pass (Ingle and
                     Dawson, 1953). Although the western passes account for only ten percent of the
                     inlet area in the bay, they serve as outlets for about two-thirds of the bay discharge
                     (Gorsline, 1963).

                     In a typical year flow in the Apalachicola River range from below 10,000 cfs; to
                     above 80,000 cfs. Upstream rainfall has a much greater influence on Apalachicola
                     River flows than Florida rainfall because the majority of the basin is in Georgia and

                                                              30

                      Alabama (Meeter et al., 1979; Leitman et al., 1983). Figure 8 summarizes average
                      monthly flows of the Apalachicola River at Chattahoochee, Florida, from 1957 to
                      1984. As can be seen from this figure, discharge peaks in the winter and early
                      spring months, and declines until fall when low flows occur. Average monthly flow
                      in the winter and early spring months is two to three times average summer flows.
                      Over a typical year, average daily flow can vary tenfold. The fact that there is no
                      peak in river flow associated with increased rainfall in the basin in late summer is
                      believed to be caused by: seasonal differences in evapotranspiration rates in
                      associated wetlands (Meeter et al., 1979); the climatic condition of summer rainfall
                      being more localized than winter frontal storms; and, the management of up-basin
                      Corps reservoirs.

                      Because of both the limited storage capacity of the reservoirs in the ACF basin and
                      the fact that the period since the federal reservoirs which have the most storage
                      capacity were constructed has been the wettest of any period since hydrologic
                      records have been kept on the river, these reservoirs have not had a noticeable
                      affect on the annual distribution of flow in of the Apalachicola River (Maristany,
                      1981; Leitman et al., 1983; Leitman et al., 1984; Alabama et al., 1984; and, Raney
                      et al., 1985). Figure 9 summarizes the d ischarge-d u ration frequencies for the
                      Apalachicola River before and after the construction of the federal reservoirs.

                      The Apalachicola Bay system is a shallow, mostly well-mixed system. However,
                      deeper areas in the bay can become stratified, especially when river discharge is
                      @high and northerly winds are blowing (Clarke, 1975). Weisberg (1987) found the
                      bay to be generally stratified with respect to salinity, and for changes in stratification
                      to be primarily weather induced as opposed to tidal induced.

                      Strong winds can modify water movement to the point of obscuring tidal effects.
                      When strong north and northeastern winds blow across Apalachicola Bay, the net
                      effect is a deflection of water to the west and south with greater flows through
                      Indian Pass and West Pass. In the bay, water velocities rarely exceed 1.5 feet per
                      second, but in the passes velocities greater than 10 feet per second are common
                      (Gorsline, 1963). Strong winds may thoroughly mix the shallow water of the bay,
                      but winds of lesser velocity affect only the surface layer, resulting in stratification of
                      the water column (Estabrook, 1973).

                      PHYSICO-CHEMICAL PARAMETERS

                             Temperature

                      Water temperature in Apalachicola Bay closely approximates that of the air. There
                      is little spatial variation in temperature over the bay, and vertical stratification of
                      temperature is minimal. Temperature peaks occur in July and August, and winter
                      lows occur in January and February. Throughout the year the water temperature

                                                                 31

                     may range from 38 degrees Fahrenheit to 90 degrees Fahrenheit. 11311ummer
                     temperature peaks show little variation over time, but winter minima may vary as
                     much as 7 degrees Fahrenheit from year to year.

                            Salinfty

                     Salinity is considered to be the single most important determination of the
                     distribution of organisms in the estuary (Livingston, 1983). The salinity structure of
                     the bay system is primarily defined by freshwater inflow from the Apalachicola River.
                     Since the majority of the river basin is not in Florida, salinity levels in the estuary are
                     more closely correlated to up basin rainfall (Uvingston, 1983).

                     Variations in salinity (temporally, spatially, and vertically) are closely related to
                     annual river flow and wind patterns. In late summer and fall, low flows and
                     southerly winds can result in surface salinities greater than 20 parts per figure 8
                     thousand (ppt) near the river mouth, with correspondingly high salinities throughout
                     the bay system (Livingston, 1984). During winter and spring flooding peaks, when
                     river discharge is high and strong northerly winds are blowing, freshwater can
                     spread out over most of the bay surface. At these times, salinity stratification
                     commonly occurs in much of the bay, particularly the channels and passes
                     (Estabrook, 1973; Clarke, 1975).

                     Spatial salinity distribution is affected most by river flow and, to a lesser extent, local
                     rainfall. East Bay, Apalachicola Bay, and St. Vincent Sound show greater response
                     to freshwater inflow than St. George Sound. The lowest recorded salinities are
                     found near the river mouth and in East Bay, which receives freshwater drainage
                     from Tate's Hell Swamp (Gorsline, 1963; Livingston, 1983). When local rainfall is
                     heavy in late summer and early fall, reduced salinities occur in East Bay arid in the
                     vicinity of Nick's Hole (a major area of freshwater runoff from St. George Island).
                     The eastern sounds tend to be more saline than the western portions of thesystem
                     because of their broad connections with the Gulf and the minimal input of
                     freshwater from runoff.

                            Color and Turbidi1y

                     Color levels in Apalachicola Bay vary seasonally and are directly r       elated to runoff
                     and river flow. Peaks in color levels occur in areas of high river water input and
                     overland runoff in winter and spring. East,Bay consistently has higher color levels
                     than Apalachicola Bay due to the drainage from Tate's Hell Swamp and forestry
                     operations (Livingston and Duncan, 1979).

                     Turbidity is directly related river flow. Turbidity values     measured in the estuary
                     ranged from 0 to 145 Jackson Turbidity Units. River turbidity values have been

                                                                 32

                                                                                                       Figure 8

                                                                            Average Monthly Flows of
                                                                                Apalachicola River (1957-87)

                                                 Flow (cfe) (000s)

                                           80

                                           so -

                                           40 -

                                                                                                                                                            FF

                                           90 -

                                             0

                                                     cot        Nov        Doe        Jan        Feb        Mar        Apr         May        Jon        Jai        Amq        Sep
                                      M I NJ M Uhi  2.797      10.125      ':.:"     " "'                             ',.@.       ".282     12.422      11.28     11.949      0.967
                                      M                        Is To                                      4.::::'    4 :.4::     22.775     18.820         of     11111.114141     0
                                                                                                                                  41  7                 T                    ::.: : 4
                                                   ".1111:    9 9.*12 4                          4.208               7 .0          .49                  J1 lei     22.08
                                      MAXIMUM      9..                   of   424                         11.19:

                                                                                                 =MINIMUM E2MIIAN MMAXIMUM

                              Source: Northwest Florida                         WIVID
                              Data from Chattahoochee gauging station

                                            I
                                            I
                                            I
                                            I
                                            . I
                                            I
                                           . I
                                            I
                                            I
                                            I
                                            . I
                                            I
                                            I
                                            I
                                            I
                                             .-I
                                            I
                        34                  1
                            .-              I

                                                        M MM-M

                                                       Figure 9

                               DISTRIBUTION OF ANNUAL FLOW/APALACHICOLA
                                    BEFORE & AFTER RESERVOIR CONSTRUCTION

                               discharge In cubic feet/second
                     11000000:::

                      100000

                       10000

                         1000-
                              0.0              0.1              1.0             10.0            100.0
                                              % of time discharge Is equaled/exceeded

                                             After Reservoir          Before Reservoir

                                                     I
                                                     I
                                                     I
                                                     I
                                                     I
                                                     I
                                                     .1
                                                     I
                                                     I
                                                     I
                                                     I
                                                     I
                                                     I
                                                     I
                                                     I
                                                     -1
                                                     1
                            36                       1
                                                     I

                    found to be highest during the months of February through July when river flow is
                    highest, and lowest during the late summer and fall when flow subsides. Strong
                    winds have also been shown to increase turbidity due to re-suspension of bottom
                    sediments (Estabrook, 1973).

                           Dissolved Oaclen

                    The amount of dissolved oxygen (DO) in a body of water is related to air/water
                    mixing, biological activity, temperature, and salinity. In Apalachicola Bay, peak
                    levels of dissolved oxygen are found in winter and spring when temperatures are
                    lowest. Conversely, lower values are found in the warm summer and fall months
                    (Livingston, 1983). Spatially, highest levels of dissolved oxygen are found in upper
                    East Bay, Nick's Hole, and the eastern side of St. Vincent Island. There is
                    considerable natural daily and seasonal fluctuation of DO levels in Apalachicola Bay.
                    Diurnally, the lowest DO concentrations occur in the early morning. There is no
                    indication that cultural eutrophication is causing wide-spread reductions of DO in
                    the estuary. In certain locations, such as the mouth of Scipio Creek, indications of
                    significant reductions in DO levels have been noted (Livingston, 1983a).

                           Nutrients

                    Among the major features which determine habitat characteristics of the
                    Apalachicola Bay estuary are the flow of the Apalachicola River and its effects on
                    nutrient transport from the river's floodplain (Livingston, 1984).      Nutrients are
                    transported to the estuary both in the form of detritus (organic particulate matter
                    from leaves and twigs) and as compounds dissolved in the water column. Annual
                    flooding causes surges in nutrient transport, and these nutrients are the foundation
                    for estuarine productivity.    Nutrients transported from the Apalachicola River
                    floodplain to its estuary are especially important since detritivores occupy key
                    positions in the bay's food web (Livingston, 1983).

                    The major nutrients affecting estuarine productivity are nitrogen, phosphorus, and
                    carbon. Nitrogen and phosphorus are the two nutrients most often in limited supply
                    in aquatic ecosystems. Organic carbon is the principle constituent in all organic
                    material. Nutrients were not found to, be limiting to phytoplankton growth for most
                    of the year. Phosphorus has been found to be the most critical limiting nutrient in
                    Apalachicola Bay (Myers and Iverson, 1977), especially during low wind conditions
                    in the late summer.

                    Nutrient concentrations in Apalachicola Bay were measured in 1971-1972 by
                    Estabrook (1973). Nitrate and silicate values were found to vary inversely with
                    salinity, with the greatest concentrations occurrin g in winter during highest river
                    discharge. Orthophosphate concentrations correlated positively with turbidity.

                                                              37

                    WATER AND SEDIMENT QUALITY

                    According to the 1988 Florida Water Quality Assessment (Hand et al., 1988), the
                    average overall water quality in the Apalachicola estuary is good. This rating is
                    based on data from three stations (St. George Sound near Rattlesnake Cove, near
                    St. Vincent Island, and in St. Vincent Sound). Hand et al. (1988) concluded that the
                    most serious threats to the water quality of Apalachicola Bay are associated with
                    nonpoint sources from the more urbanized areas in the basin. These include
                    untreated stormwater runoff from the city of Apalachicola and nearby fish houses,
                    pollutants associated with boat docking, and septic tank drainage.

                    Low dissolved oxygen concentrations (less than 4 milligrams per liter) have been
                    measured in Scipio Creek, Eagle Creek, and the St. George Island boat basin.
                    These water bodies receive stormwater runoff from municipal, urban, and
                    developing areas. High fecal coliform bacteria levels have been found in these
                    same areas.- Sources of fecal coliform include municipal drainages, and agricultural
                    and stormwater runoff (Livingston, 1983a). Elder (1986) evaluated the transport
                    and variability of indicator bacteria in the Apalachicola River and estuary. This
                    study found that coliform and streptococcal bacteria counts in the Apalachicola
                    River and estuary showed considerable correlation to river stage, but stressed that
                    the relation was modified by other factors. The analysis indicated that estuarine
                    waters near the mouth of the Apalachicola were higher than other areas in coliform
                    abundance. The Apalachicola Bay Protection Act of 1984 provided funds to
                    upgrade the municipal sewage plants in Apalachicola, Eastpoint, and Carrabelle.

                    Past studies on pesticide distribution in the estuary indicate relatively low levels of
                    organochlorine contamination in the Apalachicola Bay system in the mid-1970s
                    (Livingston et al., 1978). Winger et al. (1984) found that biota from the Apalachicola
                    River had moderately high levels of total DDT, total PCBs and toxaphene in 1978.
                    Animals from the upper river had higher organic residues than those taken in the
                    lower river.

                    The estuarine water column is an important transition zone in the geochemical cycle
                    because of increases in pH and ionic strength associated with the change from
                    freshwater to sea water. These increases change the solubility of substances, and
                    may also enhance the flocculation and precipitation of materials. Many substances
                    may be removed from the water column to the sediments when waters am.' mixed.
                    For example, toxic organics such as petroleum hydrocarbons (e.g., PCBs and
                    pesticides) have low solubilities and accumulate in sediments shortly after being
                    introduced to estuarine waters. Therefore, estuarine sediments act as a sink for
                    some constituents, so that the pollution status of an estuary is reflected better in
                    the sediments than in the water column (Ryan et al., 1984). The historic emphasis
                    of environmental quality assessment has been through water column sampling. In
                    estuaries water quality data can provide an understanding of the impacts of
                    individual pollution events, but are of little value in understanding long-term trends,

                                                              38

                     assessing ambient background conditions, or assessing the degree of
                     environmental stress.

                     Sediment grain-size is an important qualitative predictor of sediment chemistry
                     (Ryan et al., 1984). Fine-grained sediments usually contain elevated concentrations
                     of metals and hydrocarbons, while lower levels are observed in coarse-grained
                     sediments. Fine-grained sediments have greater concentrations because they are
                     more enriched in organic and clay materials, and because they have greater
                     surface areas which provide more binding sites.

                     Livingston (1983a) analyzed sediment samples taken from stations distributed
                     throughout the bay. His results indicated that, overall, the Apalachicola Bay system
                     remains relatively pollution-free at this time. However, the data show that some
                     near shore areas are being contaminated. Livingston (1983a) found a strong
                     positive correlation between silt/clay fractions and levels of organic matter in the
                     sediments. These same areas of high organic content also showed increased
                     concentrations of heavy metals. Locations which showed high concentrations of
                     metals such as chromium, copper, nickel, lead, and zinc include: areas which
                     receive municipal runoff (Scipio Creek, Eagle Creek, near shore Eastpoint); marinas
                     (Apalachicola boat basin, St. George Island boat basin); and areas receiving
                     agricultural runoff (Clark Creek, Murphy Creek, West Bayou). The easternmost
                     area in St. Vincent Sound also had high metal concentrations, the cause of which
                     was unknown.       Livingston (1984) found that dredged channels of the Gulf
                     Intracoastal Waterway, Eastpoint, and Two Mile channels also concentrate
                     contaminants such as metals as part of the fallout of the silt/clay fraction.
                     Geoscience, Inc. (1984) listed sampled sediments from the Apalachicola boat basin
                     and Eastpoint Channel. Both sites had high heavy metal concentrations in the
                     sediments, but failed to release appreciable amounts of these metals into adjacent
                     waters.

                     Apalachicola Bay sediments contain high absolute concentrations of arsenic,
                     cadmium, copper, chromium, and zinc. However, Apalachicola Bay also has the
                     highest aluminum concentrations of any estuary in Florida (FIDER, 1986).
                     Therefore, when absolute concentrations are normalized using aluminum-to-metal
                     ratios, only cadmium, chromium, and zinc appear not to be from natural sources.

                     BIOTA AND HABITAT

                     The overall high water quality of the Apalachicola estuary, with the combined effects
                     of seasonal flooding, nutrient and detrital transport, and the variable salinity regime
                     provide ideal living conditions for estuarine biota and result in a highly productive
                     system. The Apalachicola Bay system is comparable to, or higher than, other Gulf
                     estuaries in nutrient and detrital transport from the attendant river and floodplain,
                     and in phytoplahkton productivity (Estabrook, 1973; Elder and Mattraw, 1982).

                                                               39

                     It is also comparable to other Gulf estuaries in zooplankton production (Edmiston,
                     1979) and bay anchovy abundance (Sheridan and Livingston, 1979). The bay has
                     long supported the largest oyster harvesting industry in Florida, as well as extensive
                     shrimping and commercial fishing. And, it is believed that with more extensive
                     clutch plantings and implementation of management and mariculture techniques,
                     the bay could support a substantial increase in production of oysters and other
                     commercial seafood species (Ednoff, 1984).

                           Belationship Between Apalachicola River and Bay

                     Among the major features which determine the habitat characteristic, of the
                     Apalachicola estuary are the flow of the Apalachicola River and nutrient transport
                     from the river's floodplain (Livingston, 1984). Nutrients are transported to the
                     estuary both in the- form of detritus and as compounds in the water column.
                     Annual flooding causes surges in' nutrient transport and these nutrients are the
                     foundation for estuarine productivity. Nutrients transported from the Apalachicola
                     River floodplain to its estuary are especially important since detritivores occupy key
                     positions in the estuary's food web (Livingston, 1984).

                     The relationships of the food web of Apalachicola Bay is well described in
                     Livingston (1984). The exact mechanism of the transfer of nutrients and organic
                     matter to estuarine populations remains unclear, although it is believed that
                     phytoplankton and microorganisms hold an important key to nutrient cycling within
                     the system. Temperature has been shown to limit phytoplankton growth in colder
                     months, while nutrients tend to be the limiting factor in colder months (Myers and
                     Iverson, 1977). Much of the productivity of estuaries occurs in warmer months
                     when nutrient recycling within the estuary is more important than nutrient input.

                     The degree and timing of river flooding affects the level of detrital loading to the
                     estuary and subsequently, the productivity of the bay (Livingston, 1981). Meeter
                     et al. (1979) found the cyclic productivity of the Apalachicola Bay system to depend
                     upon both annual pulses of detritus and the periodic large scale import ol: detritus
                     during years of increased flow. It was therefore hypothesized by Wharton et al.
                     (1982) that increases in seafood catches result from the unusually largE! load of
                     detritus carried into the bay during floods. The surplus detritus is accumulated from
                     portions of the floodplain not normally inundated, and it is also picked ulo by the
                     additional scouring of areas that are annually flooded.

                     Since Jim Woodruff Dam restricts particulate flow from the Chattahoochee and Flint
                     Rivers, the Chipola and Apalachicola floodplains are thp primary contributors of
                     detritus to the bay. Outflow at Jim Woodruff Dam- does contain a substantial
                     nutrient load in a dissolved form (Elder and Cairns, 1982) and is the largest single
                     contributor of nutrients (Mattraw and Elder, 1984). Mattraw and Elder (1984) found
                     that on an areal basis the Apalachicola basin exports greater quantities of carbon

                                                              40.

                     and phosphorus than most watersheds. Annual flooding causes appreciable
                     surges in nutrient transport, especially in the particulate organic form.

                     Elder and Cairns (1982) found that the floodplain of the Apalachicola River serves
                     as both a sink and source of nutrients at different times of the year. Dissolved
                     nutrients are consumed at about the same rate they are released to the floodplain,
                     but the floodplain is an exporter of detrital matter. Overall, the Apalachicola
                     wetlands function as a natural transformer-filtration system for waters passing
                     through the basin (Elder and Cairns, 1982). Exchanges result in some net
                     increases of organic carbon and phosphorus transport, much of it in the form of
                     detritus, but no net increases of nitrogen (Mattraw and Elder, 1983). .

                     Salinity is the major environmental parameter which affects species composition in
                     the estuary, and the Apalachicola River is the primary source of freshwater to the
                     estuary. Many Gulf species have high salinity requirements and, although they may
                     enter the bay to feed, they cannot tolerate the rapid salinity fluctuations which may*
                     occur there. Euryhaline bay organisms (those adapted to variable salinity levels)
                     are therefore protected from predation by the estuary's varying salinity environment.
                     In summation, alterations in the flow regime, or in the form or amount of
                     substances transported to the estuary could influence the bay's productivity and
                     ecology.

                             Microbiota

                     Microscopic organisms, including bacteria, fungi, protozoans, and microalgae, are
                     among the most biologically important organisms in the aquatic environment. In
                     estuaries, microorganisms are very abundant and are found in the water column
                     and also associated with sediments, detritus, plants and animals. Most are
                     extremely small, single-celled, and are capable of multiplying rapidly in the water
                     column. They play a role in the recycling of estuarine nutrients, particularly
                     phosphorus (Myers and Iverson, 1977), and, when associated with organic matter
                     and sediments, are vital to the estuary's food web (Livingston, 1983).

                     The high level of biological productivity in Apalachicola Bay is due in great measure
                     to the nutrient recycling and detrital conditioning done by microbiota (Livingston,
                     1983). Communities of microbes are important in the process of decomposition of
                     floodplain leaf litter (Morrison et al., 1977). By colonizing detrital particles, microbes
                     enhance their food value since the variety and metabolic activity of the colonizing
                     forms provide additional and more diverse proteins and nutrients than were
                     originally available. Phytoplankton and aquatic plants depend upon the availability
                     of nutrients in the water for growth; zooplankton and            other planktivores use
                     p.hytoplankton as a primary food source. Many bay organisms, particularly benthic
                     invertebrates, consume detritus during all or part of their life cycle. These animals
                     in turn are part of the food web when they are fed upon by omnivores and
                     carnivores.

                                                                 41

                           Ph)qoglankton, Zooplankton and Ichthyoplankton

                    The phytoplankton community is an important component of the aquatic system.
                    Phytoplankton live and reproduce suspended in the water column, drifting with the
                    currents. They are photosynthetic and utilize a variety of nutrients in thin, water,
                    particularly nitrogen and phosphorus. In Apalachicola Bay the phytoplankton
                    community is dominated by diatoms, single-celled and filamentous algae which
                    ,have silicious cell-walls. The spatial and seasonal distribution of phytoplankton is
                    patchy, and different species become dominant at different locations and times. In
                    Apalachicola Bay proper, Chaetoceros lorenzianum, a marine diatom, is most
                    abundant, while in East Bay, Melosira ara         nulaturn, a freshwater diatom,
                    predominates (Estabrook, 1973).

                    The zooplankton community is an association of small aquatic animals that have
                    limited swimming abilities and live suspended in the water column. It includes egg
                    and larval stages of some animals which as adults are not plankton       ic, such as
                    oysters, shrimp, crabs, and fishes. It also includes species that are planktonic
                    through all stages of their lives, such as calanoid copepods. Zooplankton may be
                    herbivorous, grazing on the abundant but patchy phytoplankton; or, carnivorous,
                    consuming other planktonic forms; or omnivorous, feeding on almost anything
                    organic including detritus. In Apalachicola Bay, Acartia tonsa is the most prevalent
                    zooplankton species. The most abundant species of icthyoplankton found in the
                    bay is the juvenile form of the bay anchovy (Ancho M@itchilli).

                           Benthic Invertebrates

                    Three major habitat types support populations of aquatic invertebrates in
                    Apalachicola Bay: soft mud and sandy sediments; grassbeds and areas of detrital
                    accumulations; and, oyster bars. The soft sediment habitat is the most extensive,
                    covering about 78% of the total open water area (Livingston, 1984). Many benthic
                    invertebrates, primarily polychaetes and amphipods, inhabit the soft sediments,
                    using them as a burrowing and feeding substrate. Benthic community structure
                    and distribution vary throughout the system. They are determined primarily by: the
                    composition of the sediment; the proximity to currents, wave energy, and other bed
                    load transport mechanisms; and by water quality conditions (Livingston, 1984).
                    Organisms can affect the nature of the sediment by burrowing, tube-building,
                    grazing, and filter-feeding activities.   Many commercially important benthic
                    invertebrates are harvested from this habitat. Penaeid shrimp (Peneaus spp.) and
                    blue crab (Callinectes sapidus) are not restricted to this environment, but feed and
                    burrow extensively here when they leave the protection.-of the marshes as they
                    mature. The soft sediments contain nutrients and detritus brought in from the river
                    as well as providing an ideal substrate for bacteria.         The Atlantic croaker
                    (Micropogonias undulatus) and spot (Leiostomus xanthurus) also feE@,d here
                    extensively. Most other important benthic invertebrates and epibenthic fishes dwell
                    in this habitat at one time during their life cycle (Edmiston and Tuck, 1987).

                                                           . 42

                    Grassbeds are a complex habitat, providing food and shelter for many organisms.
                    The dominant invertebrates in freshwater grassbeds are polychaetes, amphipods,
                    chironomid larvae, and mollusks. In higher salinity grassbeds tanaids, polychaetes,
                    amphipods, and oligochaetes are abundant (Livingston, 1984). Grassbeds provide
                    a protected habitat with reduced water turbulence, high dissolved oxygen, and an
                    abundant food source. The vegetation also provides attachment sites for epiphytes
                    and epifauna, traps and produces detritus.

                    The oyster bars and lumps of Apalachicola Bay cover approximately 7% of the total
                    bay area. As substrate, they provide a hard surface for the settling of sessile
                    organisms such as oysters, mussels, anemones, tunicates, and attached algae.
                    The rough structure of oyster reefs, with their cavities and empty shells, is used as
                    habitat by numerous motile creatures. Among the prevalent inhabitants on
                    Apalachicola Bay oyster bars are polychaete worms, isopods, amphipods, mud
                    crabs, hermit crabs, chitons and barnacles (Pearse and Wharton, 1938). Small
                    benthic fishes like gobies, blennies, clingfish, and toadfishes reside and/or nest in
                    empty shells and holes. Many oyster predators live on or near the bars while other
                    organisms use oyster shell as substrate for burrowing, or participate in some other
                    sort of symbiotic relationship with oysters.

                           American Oyster,

                    Commercially, the American oyster, Crassostrea virginica Gmelin, is the most
                    important invertebrate of the Apalachicola estuary. Approximately 90% of the
                    oysters harvested in Florida come from the Apalachicola estuary. Large oyster bars
                    and numerous small oyster lumps are found throughout the Bay (Figure 10).
                    Additionally, the Department of Natural Resources contributes to the acreage oyster
                    beds by conducting a shell-planting program.

                    Galtsoff (1964) divides environmental factors  into positive and negative categories
                    based upon whether they are favorable or unfavorable to the growth and
                    productivity of the oyster community. The principle positive factors are bottom
                    substrate, water movements, salinity regime, temperature, and food. Negative
                    factors include sedimentation, pollution, competition, disease, and predation. About
                    40% of the aquatic area of Apalachicola Bay has been estimated as being suitable.
                    for oyster bar development, with substrate type being the limiting factor (Whitfield
                    and Beaumariage, 1977). -

                    In Apalachicola Bay, spatfall, or settlement of oyster larvae, often lasts from April
                    to late November.      Because spat are planktonic, they have a very patchy
                    distribution, and time and location of settlement is highly variable (Ingle and
                    Dawson, 1953). As noted by Menzel et al., (1966) and Ingle and Dawson (1953),
                    spatfall tends to be less intensive on reefs in lower salinity areas such as East Bay
                    and St. Vincent Sound, and heavier in more saline areas.

                                                             43

                     The oyster-associated community varies in composition somewhat due to the
                     salinity regime, which is the most important limiting factor on the bar itself (Menzel
                     et al., 1966). Prolonged high salinities allow predators to infiltrate the bars, and also
                     are indicative of lower food availability in the estuary. Prolonged low salinities
                     eliminates many of the predators, but also stresses the oyster and can cause
                     mortality (Menzel and Cake, 1969).

                     The most serious oyster predators      besides humans are the southern oyster drill
                     (Ihais haemostoma) and the stone crab (Menippe mercenaria). They have low
                     tolerances for freshwater and are not usually found in salinities below 15 and 12 to
                     15 parts per thousand (ppt) respectively.           Summer conditions permit their
                     encroachment into the bay and onto the oyster bars. In the past when droughts
                     resulted in high persistent salinities, predators have become well-established on
                     oyster bars such as St. Vincent or Dry Bar, and Porter Bar, and consequently these
                     bars were depleted (Menzel et al., 1958; 1966). A variety of other predators take
                     advantage of the stressed condition of oysters in the summertime; among them the
                     blue crab (Callinectes sapidus), the crown conch (Melongena corona), and the
                     whelk (Busycon contrarium).

                     The pathogen Dermo (Perkinsus marinus) also causes significant mortality to adult
                     oysters during times of stress (Menzel,, 1983). The prevalence and intensity of
                     Dermo has been found to be positively correlated with salinity (Andrews and Ray,
                     1988; Craig et al., 1989). Other factors related to the occurrence of Dermo include
                     temperature and pollution (relative to how it affects the health and stress in oysters)
                     (Craig et al., 1989).

                     Hurricanes can have a pronounced impact on oyster bars. Hurricane Elena in
                     September, 1985 was estimated by the Florida Department of Natural Resources
                     to have destroyed 80 to 100 percent of the oysters in the highly productive eastern
                     part of the bay (i.e., Cat Point and East Hole). Nick's Hole, off St. George Island,
                     was also seriously affected. The bars were damaged by a combination of churning
                     up and turning over of oyster shells and by direct burial. Some of the higher,
                     inshore bars may have had some freshwater and/or exposure damage. After a
                     good spat fall, the bay was recovering quickly when a second hurricane hit the bay.

                            Penaeid S!j @m

                     Three species of penaeid shrimp in the Apalachicola estuary are economically and
                     ecologically important to the region. These are the white shrimp (Penaeus
                     setiferus), pink shrimp a. duorarum), and brown shrimp.E. aztecus).

                     Adult penaeid shrimp migrate off shore to spawn in the Gulf of Mexico, with each
                     species having its own spawning season and preferred spawning ground depth
                     (Perez-Farfante, 1969). The eggs hatch off shore, and the larvae developas they

                                                                44

                                                                                     Figure 10

                                               LOCATION OF MAJOR OYSTER BARS IN APALACHICOLA BAY

                                                                               @cj:

                                                                                                              EAST

                                                                                                              BAY

                                                     98

                                                                                                                          A TPOI r
                                                                          APALACHIC6L-                                          N

                                                  S
                                     s -                                                   ;OLA
                                                                             APALACHIC

                       1 DIAN
                       PASS                                                    WBAY

                                                      WEST
                                                      PASS

                                                                                                   ikes
                                                                                                  Cut

                                                                              S-t. GED                                        0
                                                                        c PIP

                                                      GULF OF MEXICO

                     are transported to the estuary by currents. In the low salinity tidal marsh areas
                     where there is protection from predators and abundant food is available, the larvae
                     develop into juveniles. As their size increases, the juveniles move gradually from
                     the marshes to other parts of the estuary to become sub-adults (Perez-Farfante,
                     1969). When water temperature begins to decrease, they begin the spawning
                     migration offshore to the adult grounds.

                     The three species of shrimp in Apalachicola Bay have different spawning times,
                     migration patterns, and seasonal abundance. White shrimp are the most abundant
                     in the bay.

                            Blue Crab

                     The blue crab (Callinectes sapidus) is one of the most abundant invertebrate
                     species found in the Apalachicola Bay area. The blue crab is an estuarine-
                     dependent, euryhaline species with a complex life cycle. Mating begins in summer
                     in low-salinity creeks and marshes. Between September and April, egg bearing
                     females from the entire west coast of Florida migrate to the high-salinity Gulf
                     spawning site which extends from St. Vincent Island to Panacea (Oesterling and
                     Evink, 1977). Eggs spawned here hatch out and undergo a series of larval stages
                     while drifting with prevailing tides and currents. The developing zoea, megalops,
                     and first crab stages eventually reach estuaries along the southern and western
                     coasts of Florida. The very early crab stages and juveniles inhabit the estuaries,
                     growing very rapidly, and reach maturity 12 to 18 months after hatching. Blue
                     crabs normally live about one year as adults (Oesterling and Evink, 1977).

                     Blue crabs are opportunistic feeders in general, but do show preferences for certain
                     food items at different stages in their development (Laughlin, 1982). Preferences
                     of the larval stages have not been closely studied,. but they probably eat single-
                     celled phytoplankton and small zooplankton, as do many other small planktonic
                     crustacea. Juvenile blue crabs consume detritus, plant material, and mollusks;
                     adult crabs eat fishes and mud crabs (Laughlin, 1982). Enormous quantities of
                     detritus enter the bay from January to April, coinciding with the arrival of the juvenile
                     blue crabs. The large food supply may be the major reason for the large numbers
                     of blue crabs found in the,bay.

                             Fish,

                     Available information on fish populations of Apalachicola Bay comes from two main
                     sources: long-term monitoring studies conducted by Dr. R.J. Livingston and the
                     Florida State University aquatic study group; and, the National Marine Fisheries
                     Service (NMFS) annual seafood landing statistics. Although these two data bases
                     are totally different in scope and intent, and are not comparable, together they

                                                                47

                    provide an overall perspective on the value of Apalachicola Bay as an important
                    nursery ground, feeding ground, and habitat for estuarine fishes.

                    About three-fourths of the commercial catch of Franklin County is composed of
                    species dependent on the estuarine habitat and conditions of Apalachicola Bay
                    (Menzel and Cake, 1969). True estuarine species inhabit the estuary through-out
                    their entire life cycle. The most abundant true estuarine species in Apalachicola
                    Bay is the bay anchovy. It travels short distances, but makes no long-distance
                    migrations. Other estuarine species tend to remain associated with specific habitats
                    such as oyster bars or submerged vegetation.

                    Other fish inhabit the estuary during a large part of their life cycle, using it for a
                    nursery and feeding ground. These species include striped mullet (Mugil -                          I
                                                                                                .g.elqLalus),
                    flounder (Paralichthys lethostigmaband members of the sciaenid family: speckled
                    seatrout (Cynoscion nebulosus), redfish (red drum) (Sciaenops ocellatus), croaker
                    (Micropogon undulatus), spot (Leiostomus xanthurus), and sand seatrout
                    (Cynoscion arenarius). The life cycles of these species involves an offshore
                    migration to Gulf spawning sites. Developing larvae are transported toward the
                    coast by currents. They arrive in the estuaries and congregate in nursery areas
                    where salinity is low, food is abundant, and predators relatively scarce. Juveniles
                    of some species mature rapidly and move offshore to spawn within their first.year.
                    As adults, they return to the estuary and spend much of their time there, making
                    annual off shore spawning migrations.

                    Anadromous fish spend a portion of their life cycle in the estuary when migrating
                    from the ocean to their spawning grounds upstream. Anadromous fish species
                    found in the bay include the Gulf sturgeon (Acipenser oarhynchus desotoi), striped
                    bass (Morone saxitilis), Alabama shad (Alosa Llabamae), and skipjack herring
                    (Alosa ch[ysochloris). Other species only enter the bay when conditions are
                    appropri ate (.e.g., low salinity). With winter and spring flooding bluegill CLepomis
                    machrohirus), redear sunfish LL. micro-lophus), and large-mouth bass (M@icropterus
                    salmoides) may enter the upper bay. Other freshwater fish found in the bay include
                    spotted gar (Lepisosteus oculatus), long-nose gar LL. gsseus), common carp
                    (Cyprinus carpio), and mosquito fish (Gambusia affinis). In the summer and fall
                    months, when bay salinities are high, marine fish such as shark, ray, arid small
                    grouper may enter the bay. Appendix D lists the fish of the Apalachicola estuary.

                           Submerged Vecietation

                    Aquatic plant distribution in Apalachicola Bay is limited to.-shallow areas along.the
                    coast (Figure 11). Their distribution is confined by high turbidity and color values
                    because they limit the depth of the photic zone. Salinity is also an important
                    variable. Table 1 summarizes the acreage of submersed vegetation in the (estuary.
                    Submerged vegetation covers about 10% of the aquatic area in the bay system

                                                             48

                                                                                     Figure 11

                     SUBMERGED AQUATIC VEGETATION DISTRIBUTION IN APALACHI

                                                                                                                AST

                                                                                                               BAY

                                              Us q

                                                                         APALACHIC6L                                       ASTPOINT

                                                SOUND
                               ir  ST.  NCENT                               APALACHICOLA

                    I DIAN
                     ASS                 c                                        SAY
                                                  44                                                                           IpAID

                                                    ............
                                                    WEST
                            N                       PASS

                                                                                                   ikes
                                                                                                  Cut

                                                                             St. G                                             0

                                                    GULF OF,MEXICO
                                                                                                                                             s

                   (Livingston, 1984), with the majority of the grassbeds located in areas of high
                   salinity and low turbidity. Seagrass beds are important habitats in the marine
                   environment not only for their high primary productivity, but also for the role they
                   play in sediment accretion, substrate stabilization, and as a nursery, feeding
                   ground, and permanent home to numerous organisms (Phillips, 1980). Sheridan
                   and Livingston (1983) measured one of the highest infaunal densities recorded in
                   the literature working in grassbeds in Apalachicola Bay.

                                                         TABLE 1

                    SUBMERGED VEGETATION ACREAGE IN THE APALACHICOLA BAY SYSTEM

                   LOCATION                   SPECIES/ASSEMBLAGE                      AREA (acres)

                   Apalachicola Bay

                                              Halodule wrightii                          1,145
                                              Ruppia maritima                             282
                                              Vallisneria americana,
                                              R. maritima                                   50

                   St. Vincent Sound                                                         0

                   St. George Sound
                                              H.                                          711
                                              H.
                                              Thallassia testudinum                       277
                   East Bay
                                              R. maritima, V. americana                   166
                                              Myri pyllum sl2igatum,
                                              Potamogeton pectinatus,
                                              V. americana, R. maritima                  1,179
                                              Naias guadalupensis                         187
                                              R. maritima                                   25
                                              R. maritima, P. pectinatus                    55

                   Source: Continental Shelf and Associates, 1985.

                   In Apalachicola Bay grassbeds are limited to the shallow lagoons of St. George
                   Island and consist primarily of shoal grass (Halodule wrightii), manatee grass
                   (Syringodium filiforme), and Gracilaria spp., a,benthic red alga. By far the most

                                                             51

                   dominant species is Halodule, because it is most tolerant to variations in
                   temperature and salinity, and because of its tendency to be an early colonizer of
                   disturbed or unvegetated areas (Zieman, 1982). There is no submerged vegetation
                   at Eastpoint and little or no grassbed development in St. Vincent Sound or along
                   the east coast of St. Vincent Island (Livingston 1980; 1983). East Bay supports
                   extensive grassbeds along its marshy perimeter. They are dominated by tape
                   grass (Yallisneria americana), widgeon grass (Ruppia maritima), and sago
                   pondweed (Potamogeton spp.), all freshwater to brackish species (Livingston,
                   1980). In recent years, the Eurasian watermilfoil (Myrioghyllum spicatum) has
                   become rooted throughout northern East Bay, and there is con@ern i:-)v'er its
                   potential effects on the ecology of the area (Livingston, 1983). A recent study
                   funded by the Corps of Engineers (CSA, 1985) found that Eurasian watermilfoil has
                   undergone considerable expansion, increasing from 30% coverage in 198O.to 90%
                   coverage in 1985 in the major bays along the west side of East Bay. Eurasian
                   watermilfoil usually out-competes native plants, but does not benefit the overall
                   ecosystem as much. It does not help stabilize sediments, and may restrict access
                   to fishing areas in shallow waters, but it may help shrimp by providing shelter for
                   the juveniles. The Scipio Creek area near Apalachicola is also experiencing a
                   severe problem with Eurasian watermilfoil. -

                   Two major evaluations of the grassbeds in the estuary have been conducted in
                   recent years (Livingston, 1980; CSA, 1985).          The total area of submerged
                   grassbeds described in Livingston (1980) is considerably larger than that found in
                   CSA(1985). CSA (1985) attributes these differences to differences in mapping and
                   area calculation techniques, as well as the decline of grassbeds. CSA (19815) noted
                   little change in species composition in Apalachicola Bay proper, St. George Sound,
                   and St. Vincent Sound. However, CSA (1985) did note that both Livingston's
                   habitat assessment of the area in 1980 and infrared imagery taken in 1979showed
                   the presence of a large seagrass bed (shoal grass) just west of Sikes Cut, which
                   was not there when they surveyed the bay.

                        Emergent Vecietation and Tidal Flats

                   Marsh systems are among the most productive ecosystems in the world and are
                   vital habitats for important commercial and ga   me species. Marshes found in the
                   Apalachicola system include fresh, brackish, and salt marshes which cover about
                   14% of the aquatic area (Livingston, 1980). Their distribution is limited to the
                   intertidal areas al'ong the perimeter of the bay and the delta area of the lower river
                   and East Bay (Figure 12). Since the amount of organic material exported out of a
                   marsh into the estuary is still under debate (de la Cruz, 1980), the most important
                   function of marshes may be as a nursery habitat (Edmiston and Tuck, 1987).
                   Marshes fulfill the three general criteria that characterize a nursery ground: provide
                   protection from predators; provide an abundant food supply; arid, are
                   physiologically suitable in terms of physical and chemical features (Joseph, 1973).

                                                             52

                                                                   I
                                                                  "FigWe M'M M M M
                    EMERGENT AQUATIC VEGETATION DISTRIBUTION IN APALACH

                                                                                            EAST

                                                                                            BAY

                                         9

                                                                                                      ASTPOINT
                                                            A ALACHICOL

      cf)                           14 T Soutal)
                            S 'Vior
                                                               APALACHICOLA

                INDIAN
                PASS                  . ......                      BAY
                                  c

                                                                                                Cl*-O

                                          WEST
                       N                  PASS

                                                                                  lkes
                                                                                  ul

                                                                  C
                                                                Sl- 'f'o                                  0
                                                           c

                                                                                                      Shaded areas r
                                                                                                  need lerush,cattai I

                                          GULF OF MEXICO

                   The most developed marsh systems are found in East Bay and along the lower
                   reaches of the Apalachicola River. The marshes here support predominantly fresh
                   to brackish water vegetation consisting of bullrushes (Scirpus spp.), cattails gypha
                   spp.), and sawgrasses (Cladium spp.). Black needlerush (Juncus roemarianus)
                   and cordgrasses (Spartina spp.) are also present in the more brackish areas of
                   East Bay (Livingston, 1983). St. Vincent Sound also supports a large brackish and
                   salt-marsh system, primarily located along the northeastern areas of St. Vincent
                   Island. The dominant species are black needlerush, cordgrass, and saltgrass
                   (Distichlis spicata). Freshwater marshes also occur on St. Vincent Island with
                   sawgrass (Cladium iamaicensis) being the dominant feature (Thompson, 1970).
                   The lagoon and tidal creeks of Cape St. George and St. George Islands also
                   support narrow bands of brackish and salt marshes.            These are generally
                   dominated by needlerush, with lesser amounts of cordgrass and saltgrass present
                   (Livingston, 1984).

                   Plants and animals associated with salt marshes must be capable of tolerating
                   rapid changes in environmental conditions. Because of stressful conditions, salt
                   marshes typically exhibit low plant diversity, and in many instances consist of one
                   or two species, with black needlerush and smooth cordgrass dominating in this
                   area. Brackish marshes are not usually as stressful, and therefore, the number of
                   species tends to be larger (Clewell, 1986). The paucity of species is usually offset
                   by the extremely dense concentration of species present.

                   Animals associated with marshes must also be capable of withstanding rapid
                   changes in environmental conditions. Since only about 10% of the vascular plant
                   material in a marsh is consumed directly by herbivores (Heard, 1982), most
                   -organisms found in the marsh are predators and detritivores. Permanent residents
                   of marshes include invertebrates such as insects, polychaete worms, amphipods,
                   mollusks, larger. crustaceans, and other omnivores. Year-round residents also
                   include mammals such as muskrat (Neofiber alleni), and birds such as clapper rail
                   (Rallus longirostris) and great blue heron (Ardea herodias). Transitory residents
                   include such species as blue crabs, penaeid shrimp, anchovies, largemouth bass,
                   striped mullet, spotted and sand seatrout, and lepomids (Livingston, 1984). These
                   and other important estuarine organisms use the marsh habitat as either a nursery
                   ground, breeding area, or feeding zone (Edmiston and Tuck, 1987). Transitory
                   birds in marshes comprise one of the largest herbivorous groups and are also
                   significant top carnivores in the system. Northeastern Gulf of Mexico marshes
                   support summer nesting species, migrants, casual feeders, and summer visitors
                   (Stout, 1984). Birds of prey that utilize the marsh system include hawks, owls,
                   osprey (Pandion haliaetus), and bald eagle (Haliaeetus leucoceghalus) (Edmiston
                   and Tuck, 1987).

                   Tidal flats are located on the bayward sides of the barrier islands,      along the.
                   mainland, and in shallow water areas associated with salt and freshwater marshes.
                   Little is known about the tidal flats of Apalachicola Bay. These unvegetated

                                                            55

                   expanses of mud or sand are exposed at low tide and submerged at high tide.
                   Tidal flats or mud flats are often ignored because their values to the aquatic
                   ecosystem are not readily visible (Clark, 1974). As habitats they are subjected to
                   one of the most variable environments in the aquatic system. Organisms inhabiting
                   tidal flats must not only cope with extremes of salinity and temperature, but also
                   with exposure and desiccation (Edmiston and Tuck, 1987).

                   Organisms associated with tidal flats vary with the salinity regime and type of
                   substrate, as well as depth of water and time of exposure. The most visible
                   organisms associated with tidal flats in Apalachicola Bay are oysters. Because of
                   the increased stress in this environment, these oysters tend to remain small. They
                   are commonly referred to as "coon oysters", and have been used in mplanting
                   programs on subtidal bars. Tidal flats provide important feeding grounds for finfish
                   at high tide, as well as habitat for a wide variety of crabs, snails, worms, and algae
                   (Edmiston and Tuck, 1987). They also provide important feeding and loafing areas
                   for plovers, sandpipers, gulls, ducks, and other birds which find a wide variety of
                   food to eat which has been exposed by the tide (Taylor et al., 1973):

                           Animals

                   The coastal marsh environment of the mainland and barrier islands surrounding
                   Apalachicola Bay provides habitat for numerous reptiles and amphibians. A
                   common marsh inhabitant is the American alligator (Alligator mississippiensis),
                   which is listed as a designated species by the state and federal government. The
                   salt marsh snake (Nerodia fasciata clarki) and the diamond back terrapin
                   (Malaclemys terragin) also inhabit marshes of the Apalachicola system (Means,
                   1977). The loggerhead seaturtle (Caretta caretta caretta), a state and federally
                   designated species, nests on Gulf beaches of St. George, Cape St. George, and
                   St. Vincent Islands. The Atlantic ridley turtle (Lepidochelys kempi), leatherback
                   turtle (Dermochelys coriacea), and the Atlantic green turtle (Chelonia myda ; mydas)
                   may occasionally be found in the waters of the bay, although they do not nest in
                   the vicinity.

                   Shorebirds and wading birds frequent the entire shoreline of the estuary, while
                   sloughs, marshes and surrounding waters attract numerous waterfowl. The
                   Apalachicola estuary lies on the eastern border between the Mississippi and east
                   coast migratory flyways, and therefore receives birds from both the Midwest and
                   the Atlantic seaboard which use the Gulf of Mexico and Peninsular Florida in
                   migration. St. George and St. Vincent Islands, and the Apalachicola River form a
                   unique system that creates la  *nd-marks for birds in migration (Cole, 1986). In both
                   the spring and fall the barrier islands serve as vital resting spots for birds flying
                   across the Gulf states. Cole (1986) identified 164 species of birds which utilize the
                   islands in migration. These include tanagers, buntings, sparrows, and other
                   passerine migrants.

                                                             56

                   Shorebird and waterfowl migrants also use the system. In addition, the island
                   serves as residence for a number of bird species including mockingbirds, cardinals,
                   towhees, grackles, blackbirds, and doves. Heron species spotted in the estuary
                   include the little blue heron (Egretta caerulea), great blue heron (Ardea herodias),
                   great egret (Casmerodius albus), snowy egret (Ecireft thula), black-crowned night
                   heron (Nycticorax nycticorax , yellow-crowned night heron (Nyctanassa violacea),
                   Eastern least bittern (Ixobrachus exilis e@ii@ris), American bittern (Botaurus
                   lentiginosus), green-backed heron (Butorides itriatus), and Louisiana or tricolor
                   heron (Egretta tricolor).

                   Mammals found in the waters of the preserve include dolphin jursiops truncatus),
                   otter (L,.utra canadensis), muskrat, mink (Mustela vison lutensis), and infrequently
                   manatee C[richechus manatus latirostris).

                          Designated Species

                   Some    designated animal species which have legal status pursuant to the
                   Endangered Species Act of 1973 are found on or in the vicinity of Apalachicola Bay.
                   Additional plant and animal species are considered rare or of special concern, and
                   have been recommended for protective legal status or for protective management.
                   Table 2 lists species endangered, threatened, or of special concern which may be
                   found in or near the preserve. For management of designated plant species in the
                   preserve, the Florida Department' of Agriculture and Consumer Services (list
                   published in Preservation of Native Flora of Florida Act, Section 581.185-187, F.S.)
                   is the primary reference source. For management of designated animal species,
                   the Florida Game and Fresh Water Fish Commission (FGFWFC) (list published in
                   39-27,03-05, F.A.C.) is the primary reference source. The United States Fish and
                   Wildlife Service (USFWS) are responsible for implementing the provisions of the
                   federal Act.

                   Species may be classified as endangered, threatened, under review, or of special
                   concern.     Endangered species are those threatened with extinction if the
                   deleterious factors affecting their populations continue. These are species whose
                   numbers have already declined to -such a critically low level or whose habitats have
                   been so seriously reduced or degraded that without active assistance, survival is
                   questionable. Threatened species are those likely to become endangered in the
                   foreseeable future if current trends continue. Under review species are being
                   considered for designation. Species of special concern are those that warrant
                   special attention even though they do not fit the other categories. These species,
                   although perhaps not rare, may be especially vulnerable to certain types of
                   exploitation or environmental changes and have experienced long term population
                   declines.    Species of this designation may also have potential impact on
                   endangered or threatened populations of other species.

                                                             57

                                                          TABLE 2

                    ENDANGERED AND POTENTIALLY ENDANGERED FLORA AND FAUNA OF THE
                                        APALACHICOLA BAY AQUATIC PRESERVE

                    SPECIES                 LEGAL STATUS OR DESIGNATION
                                                                                                 STATUS
                                             FGFWFC USFWS               CITIES       FCREPA ON
                                                                                                  RESERVE
                    MAMMALS

                    River ofter                                                                       S
                    (Lutra canadensis)

                    West Indian Manatee        E             E              I                         K
                    (Irichechus manatus latirostris)

                    BIRDS

                    Eastern brown pelican SSC                               11            T           K
                    (Pelecanus occidentalis)

                    Southern bald eagle        T             E              I             T           K
                    (Haliaeetus leucocephalus)

                    Peregrine falcon           E             T              I             E           K
                    (Falco peregrinus)

                    Least tern                 T                                          T           K
                    (Sterna antillarum)

                    Southeastern kestrel       T             UR2            11            T           K
                    (Falco sgarverius paulus)

                    Cuban snowy plover         T            UR2                           E           K
                    (Charadrius alixandrinus tenuirostris)

                    American oystercatcher SSC                                            T           K
                    (Haematol2us palliatus)

                    Little blue heron          SSC                                        SSC         K
                    (Egretta caerulea)

                                                              58

                  SPECIES               LEGAL STATUS OR DESIGNATION
                                                                                        STATUS
                                         FGFWFC USFWS            CITIES      FCREPA     ON
                                                                                         RESERVE

                  Snowy egret             SSC                                     SSC        K
                  (Egretta thula)

                  Louisiana heron         SSC                                     SSC        K
                  (Earetta tricolor)

                  Reddish egret           SSC          UR2                        R          K
                  (Egretta rufescens)

                  Osprey                                            11            T          K
                  (Pandion haliaetus)

                  Marsh Hawk                                        11                       K
                  (Circus cyaneus)

                  American redstart                                               R          K
                  (Setophaga ruticilla)

                  Black-whiskered vireo                                           R          K
                  (Vireo altiloguus)

                  Louisiana waterthrush                                           R          K
                  (Seiurus motacilla)

                  Great egret                                                     SSC        K
                  (Casmeriodius albus)

                  Black-crowned night heron                                       SSC        K
                  (Nycticorax nycticorax)

                  Yellow-crowned night heron                                      SSC        K
                  (Nycticorax violacea)

                  Eastern least bittern                                           SSC        K
                  (IxobUchus exilis)

                  Cooper's Hawk                                                   SSC        K
                  (Accipiter cooperii)

                                                         59

                   SPECIES                  LEGAL STATUS OR DESIGNATION
                                                                                                 STATUS
                                            FGFWFC USFWS                CITIES      FCREPA OIN
                                                                                                 RESERVE

                   Piping plover                                                          SSC        K
                   (Charadrius melodus)

                   Royal tern                                                             SSC        K
                   (Sterna maxima)

                   Sandwich tern                                                          SSC        K
                   (Sterna sandvicensis)

                   Caspian tern                                                           SSC        K
                   (Sterna casgia)

                   Black skimmer                                                          SSC        K
                   (Rynchops DjM)

                   American avocet                                                        SSC        K
                   (Recurvirostra americana)

                   White ibis                                                             SSC        K
                   (Eudocimus albus)

                   Worm-eating warbler                                                    SSG        K
                   (Helmitheros vermivorus)

                   REPTILES

                   American alligator         SSC          T(S/A)         11              SSC        K
                   (Alligator mississippiensis)

                   Atlantic loggerhead        T            T              I               T          K
                   turtle
                   (Caretta caretta caretta)

                   Leatherback turtle         E            E              I               R          K
                   (Dermochelys coriacea)

                                                             60

                   SPECIES                  LEGAL STATUS OF DESIGNATION
                                                                                                STATUS
                                            FGFWFC USFWS               CITIES       FCREPA      ON
                                                                                                RESERVE

                   Atlantic Ridley            E            E              I              R           K
                   turtle
                   (Leigidochelys kempi)

                   Atlantic Green turtle      E            E              I                          K
                   (Chelonia mvdas mydas)

                   Gulf salt marsh snake                                                 R           K
                   (Nerodia fasciata clarki)

                   AMPHIBIANS

                   none

                   FISHES

                   Atlantic sturgeon          SSC                                        T           K
                   Acipenser oxyrhynchus

                   INSECTS and MOLLUSKS

                   None Known

                   PLANTS

                   Florida corkwood           T            UR5            11             R           K
                   (Leitneria floridana)

                   Notes: All listing except FCREPA based on FGFWFC (1986). FCREPA listings
                   based on -Rare and Endanaered Biota of Florida, Florida Committee on Rare and
                   Endangered Plants and Animals.

                                                             61

                   FGFWFC= Florida Game and Fresh Water Fish Commission; USFWS= U.S. Fish
                   and Wildlife Service; CITIES= Convention on International Trade in Endangered
                   Species of Wild Fauna and Flora; DACS= Florida Department of Agriculture and
                   Consumer Services; FCREPA= Florida Committee on Rare and Endangered Plants
                   and Animals.

                   E= endangered; T= threatened; T(S/A)= threatened due to similarity of
                   appearance; R= rare; SSC= species of special concern; UR2= under review for
                   listing, but substantial evidence of biological vulnerability and/or threat is lacking;
                   UR5= still formally under review for listing, but no longer being conside'red for
                   listing because recent information indicates species is more widespread or
                   abundant than previously believed; I= appendix I species; 11 = appendix 11 species;
                   K= known to occur on the preserve; S= suspected to occur in the preserve.

                   CULTURAL RESOURCES

                   The Apalachicola River valley is believed to have been occupied by humans for
                   over 10,000 years (Dunbar and Waller, 1983).            Little is known of the early
                   inhabitants other than that they were small, seasonally wide-ranging groups of
                   hunter-gatherers organized in family bonds (White, 1984). Sites generally cluster
                   around river crossings where game could be more easily taken. Because of the
                   arid conditions during the Pleistocene period, water was an important factor in
                   settlement location. Therefore, the Apalachicola River valley and estuary are
                   believed to have been an ideal environment for small hunting groups. However, no
                   direct evidence of paleo-indian occupation has been uncovered to date (Henefield
                   and White, 1986). The understanding of Pre-Columbian history on the barrier
                   islands adjacent to the Preserve is relatively limited due to the recent formation of
                   the islands.

                   The archaic period (7000-1000 B.C.) is only slightly better known than thE., earlier
                   period of habitation in the basin. The type of tools used indicate an increasing
                   reliance on smaller game animals. Archaic sites are known in the region (Bullen,
                   1950; White, 1984). The late archaic period is marked by the introduction of fiber
                   tempered pottery, which is probably an independent invention originating in
                   southeast Georgia, Florida, and Louisiana at nearly the same time (Phelps, 1966;
                   Bullen, 1972). Settlements of a seasonal or semipermanent nature are noted in the
                   basin during the late archaic period Oust after 3000 B.C.), and these people
                   intensively exploited selected resources such as deer, nuts, fish, and shellfish.
                   Expanded systems of socio-eco.nomic interaction helped to spread various
                   technological innovations such as new projectile point styles, steatite vessels, and
                   fired clay pots (White, 1984).

                   Human populations became more sedentary by 1000 B.C., engaging in hunting,
                   foraging, and the beginnings of plant cultivation. In northwest Florida this period

                                                             62

                    is known as the Deptford period. Although the majority of the Deptford sites are
                    associated with coastal swamps and estuaries (Milanich and Fairbanks, 1980),
                    Deptford components have been located at a number of sites in the region (Bullen,
                    1950; White, 1984). The Deptford period is characterized by the appearance of
                    sand tempered ceramics and larger, more settled villages (Hennefield and White,
                    1986).

                    The following Swift Creek period, 300 B.C. to 200 A.D. is best known for the
                    paddle-malleated, complicated stamped ceramics. This decorative motif originated
                    in central Georgia and radiated rapidly to both the Georgia and Florida coastlines.

                    The influx of ideas from the north (Hopewell) and from the west (Poverty Point) to
                    the indigenous Florida Gulf coast culture culminated in a vibrant and dynamic set
                    of regional adaptations during the Middle Woodland stage known as the Weeden
                    Island culture. By 200 A.D., this culture had   ',spread to the basin (White, 1981).
                    Weeden Island ceramics are the most distinctive and well made in the Florida Gulf
                    coast and have long been recognized as being among the finest native ceramics
                    in North America (Willey, 1949).

                    Numerous Weeden Island sites have been documented in the region surrounding
                    the Apalachicola basin (White, 1984). Through the Weeden Island period an
                    increasing dependence on agriculture was responsible for a small, but constantly
                    growing population. Sites with multiple burial mounds and extensive middens are
                    noted in the central basin by Milanich and Fairbanks (1980). The building of burial
                    mounds seems to have stopped between 500 and 1000 A.D.

                    Around 1000 A.D., in response to stresses from increasing populations, the native
                    culture. shifted, evidently fairly rapidly, to larger aggregations in more permanent,
                    riverine villages, where a larger labor force could concentrate on an intensified
                    maize culture (White, 1981). These changes developed in local Weeden Island
                    populations as a response to constant diffusion of culture traits from Mississippian
                    peoples. This Weeden Island culture is known as the Ft. Walton culture, which can
                    be dated from 1000 A.D. to 1600 A.D.

                    Most of the barrier islands on the Gulf coast have predominantly Woodland and/or
                    Fort Walton period occupations, dating from just after the time of Christ up to
                    Spanish contact in the sixteenth century. St. George Island seems to have
                    predominantly Fort Walton period remains. As is common, most sites are on the
                    more protected bay side, which had both more resources to exploit and more fresh
                    water sources (White, personal communication).

                    These Fort Walton populations were the first to have contact with Spanish
                    explorers, which was followed by a chain of Spanish missions organized from 1670
                    to 1685 (Jones, 1973). The historic phase dating from 1600 A.D. to 1750 A.D. is
                    known as-the Leon-Jefferson period, during which aboriginal settlement patterns

                                                             63

                   were changed by Spanish influences. By the mid-seventeenth centurl, native
                   cultures were disrupted and populations had declined severely, mostly because of
                   the introduction of European disease (Hennefield and White, 1986).

                   Apalachee villages gradually moved to Franciscan mission sites which were
                   established by Spanish missionaries in the 17th century. In the early 1700s, English
                   soldiers destroyed the missions, killing many of the Apalachee and forcing most of
                   the survivors into slavery. The void in the aboriginal population was fillea through
                   the course of the 18th century by an influx of Creek and Seminole Indians.

                   During the British colonial period (1776-1783) trading patterns were established and
                   maintained through the ensuing Second Spanish Period (1783-1821). . Panton,
                   Leslie and Company, and other British firms traded in Spanish Florida through
                   frontier outposts such as the one that was situated on the Apalachicola River.
                   During this period of oscillating colonial rule, British troops occupied and began a
                   fortification on St. George Island in 1814.    But this fortification -was shortly
                   abandoned (Owens, 1966).

                   Colonial policies of the time reserved for Indians the right to exclusive possession
                   of their lands, subject only to domination of the king. The lands adjacent to the
                   preserve lay within these reserved lands. The Indians of west Florida traded heavily
                   with the British trade firm of Panton, Leslie and Company, which was succeeded
                   by John Forbes and Company in 1783. By 1804 the Indians had become so
                   indebted to the trading firm that their only recourse for payment was to cede
                   portions of their lands to the traders. Additional cessions in 1811 for the same
                   purpose included the land area surrounding the preserve, and the transactions.
                   came to be known as the Forbes Purchase.

                   Continued encroachment by American settlers onto native occupied areas led to
                   increased hostility, which culminated in the Red Stick Rebellion (Moom', 1951).
                   Following the War of 1812, and the defeat of the Creeks in 1814, only a few
                   remnants of the Creek nation survived in the Apalachicola area.

                   The War of 1812 forced colonial powers out of the region and in 1822 Florida joined
                   the union. Subsequently, remnants of the Creek population were forcibly removed
                   and white settlers began to colonize the river valley. In 1822, the area around the
                   mouth of the Apalachicola River was designated as a customs district and this was
                   the beginnings of the city of Apalachicola.

                   The Spanish crown endorsed the validity of the cessions discussed above and
                   when the United States gained possession of the Florida territory a series of
                   cession claims was made by the successors of the Forbes' lands. In 1842, after
                   lengthy litigation in United States courts, title was confirmed to the final Successor
                   to the cession claim, the Apalachicola Land and Development Company. By this
                ---time the town of Apalachicola had been established and was rapidly becoming an
                   important port of commerce.            64

                  Prehistoric and historic artifacts still may be found on the shores adjacent to the
                  Preserve, with registered sites being found on St. Vincent, Cape St. George and St.
                  George Island.

                                                           65

                                                       CHAPTERIV

                         HUMAN USES OF THE RESOURCES AND ASSOCIATED IMPACTS

                   To develop a management program for the resources of the Apalachicola Bay
                   Aquatic Preserve, it is essential to understand how humans use the resources in
                   addition to the biology and ecology of the estuary. The major uses of the estuary
                   by humans are commercial and recreation harvesting of marine resources;
                   commercial navigation; and, adjacent land uses and their attendant facilities (e.g.,
                   docks, marinas, etc.). Because of the interrelationship between the river and
                   estuary, management of the river basin and associated impacts on the aquatic
                   preserve is also discussed.

                   HARVESTING OF MARINE RESOURCES

                   Apalachicola Bay supports major fisheries for oysters, shrimp, blue crab, and finfish.
                   Tables 3 and 4 list the shellfish and finfish yields from the estuary. Prochaska and
                   Mulkey (1983) have pointed out that Franklin County is economically dependent on
                   commercial fisheries. Between 60 and 85 percent of the citizens of Franklin County
                   make a living from the seafood industry, and the industry contributes in excess of
                   $14 million dock side to the local economy. Colberg et al., (1968) projected an
                   annual value of $34.2 million for commercial fishing and tourism in the estuary by
                   the year 2000 if water quality and natural productivity are maintained.

                   In addition to commercial fishing, recreational fishing also contributes to Franklin
                   County's economy by attracting tourists to the region. No estimates of recreational
                   use of the estuary are available.

                   In 1915 the bay supported 7,135 acres of oyster beds (Danglade, 1917), while
                   today only 6,000 acres are available. This includes over 750 acres of oyster bars
                   constructed by the Florida Department of Natural Resources since 1949 (Futch,
                   1983). The major commercially important bars are located off Cat Point and at East
                   Hole (see Figure 10, page 45). Historically, the estuary has provides about 90%
                   of Florida's and 10% of the Nation's oyster harvest. Production data reveal that the
                   bay yielded record harvests every successive year from 1977 to 1981. This is
                   believed to be partially the result of the opening up of a summer harvest season.
                   The size of the harvest has been down in recent years as result of several factors
                   including several droughts and increased harvesting pressure.

                                                             67

                                                                               TABLE 3

                                                  SUMMARY OF SELECTED FRANKLIN COUNTY SHELLFISH LANDINGS
                                             QUANTITY IN THOUSANDS OF POUNDS/VALUE IN THOUSANDS OF DOLLARS

                                                    BLUE CRABS                 OYSTERS              SHRIMP                TOTAL
                         1978                                880                 5567                5412                 11859
                         QUANTITY
                         VALUE                               164                 4223                6020                 10407

                         1979
                         QUANTITY                          1210                  5810                2840                 9860
                         VALUE                               239                 4869                5340                 10448

                         1980
                         QUANTITY                          1304                  6410                3420                 11134
                         VALUE                               274                 5740                5039                 11053

                         1981
                         QUANTITY                          1619                  6617                5458                 13694
                         VALUE                               360                 6463                8421                 15244

                         1982
                         QUANTITY                            983                 4153                3115                 8251
                         VALUE                               239                 4151                6444                 10834

                         1983
                         QUANTITY                            953                 3936                3671                 8560
                         VALUE                               269                 4158                8002                 12429

                         1984
                         QUANTITY                          1265                  6199                4386                 11850
                         VALUE                               305                 6803                8159                 15267

                         1985
                         QUANTITY                          1418                  3816                3945                 9179
                         VALUE                               816                 4348                7195                 12359

                         1986
                         QUANTITY                            794                   473               1935                 3202
                         VALUE                               318                   449               3986                 4753@

                         1987
                         QUANTITY                            619                 2780                1595                 4994
                         VALUE                               204                 5199                3190                 8593

                         1988
                         QUANTITY                            568                 1292                3472                 5332
                         VALUE                               204                 5199                3190                 8593

                         1989
                         QUANTITY                            359                   823               2982                 4164
                         VALUE                               147                 1885                5546                 7578

                         1990*
                         QUANTITY                            219                 1346                1597                 3162
                         VALUE                               120                 3755                3130                 7005

                         SOURCE:    For 1978-1985 Landings: Florida Department of Natural Resources, Summary of Florida Commercial Landings.
                         SOURCE:    For 1986-1990 Landings: ONR Marine Fisheries Information System
                           1990 Data Preliminary

                                                                                    68

                                                                                      TABLE 4

                                                   SUMMARY OF FIN FISH LANDINGS FOR ESTUARINE DEPENDENT SPECIES
                                                  QUANTITY IN THOUSANDS OF POUNDS/VALUE IN THOUSANDS OF DOLLARS

                                                MULLET             FLOUNDER                SEATROUT              REDFISH            SPOT          TOTAL

                            1978
                            QUANTITY                 670                  40                       49                10                  3          772
                            VALUE                    134                  6                        25                  3                 <          168

                            1979
                            QUANTITY                 645                  56                       53                11                  7          772
                            VALUE                    118                  29                       32                  4                 1          184

                            1980
                            QUANTITY                 722                  90                       29                  9                 6          856
                            VALUE                    140                  47                       18                  3                 1          209

                            QUANTITY                 659                  68                       51                10                  4          792
                            V19A8L1U E               144                  37                       33                  4                 1          219

                            19112
                            5UANTITY                 653                  95                       55                  7                 10         820
                            VALUE                     15                  50                       38                  3                 2          108

                            1983
                            QUANTITY                 920                  88                       55                14                  10         1087
                            VALUE                    210                  47                       40                  6                 3          306

                            1984
                            QUANTITY                 896                  86                       51                  9                 17         1059
                            VALUE                    209                  49                       39                  4                 3          304

                            19115
                            QUANTITY                 482                  78                       47                  8                 4          619
                            VALUE                    116                  49                       38                  4                 1          208

                            1986
                            QUANTITY                 229                  13                         5                 3                            250,
                            VALUE                     75                  15                         5                 2.5                           97.5

                            1987
                            QUANTITY                 131                  16                         8                 0                            155
                            VALUE                     50                  17                         9                 0                              76

                            1988
                            QUANTITY                 159                  20                         8                 0                 1          188
                            VALUE                     70                  26                         8                 0                 <1         104

                            19"9
                            QUANTITY                 243                  20                       33                  0                 2          298
                            VALUE                     80                  21                       36                  0                 < 1        137

                            1990*
                            QUANTITY                 355                  15                       16                  0                 2.5        388.5
                            VALUE                    170                  16                       22                  0-1               <1         208

                            SOURCE: For 1978-1985 Landings: Florida Department of Natural Resources, Summaries of Florida Commercial Landings.
                            SOURCE: For 1986-1990 Landings: DNR Marine Fisheries Information System.
                              1990 Data Preliminary

                                                                                            69

                   Shellfish harvesting areas are classified into one of four categories: apprOVE@d areas
                   normally opened to fishing; conditionally approved areas open to shellfishing which
                   are occasionally closed either after finding high fecal coliform densities or by
                   following established management policies (e.g., closure based on a specific river
                   stage); Prohibited areas which are never opened to shellfishing due to pollution
                   levels; and unclassified areas in which shellfishing is not permitted pending surveys
                   by the Shellfish Environmental Assessment Section.            Figure 13 shows the
                   classification of oystering areas in Apalachicola Bay as adopted in November 1990.

                   Historically, oysters have been harvested in Apalachicola Bay exclusively with tongs.
                   However, the  'Florida Marine Fisheries Commission has drafted a rule allowing the
                   limited use of oyster dredges on perpetual private lease bars which currently exist
                   in St. Vincent Sound. This rule met with widespread local opposition, with
                   oystermen being concerned that inadequate enforcement would lead to dredges
                   being used on the public bars. Conditions intended to safeguard against the use
                   of dredges outside the perpetual leases have been specified.

                   The Department of Natural Resources has tried to offset some of the pressure on
                   the resource through oyster relaying, reef construction, and aquaculture. Through
                   the relaying program, live oysters are moved from closed areas to locations which
                   are approved or conditionally approved. Through the reef construction program,
                   shell is placed on the bottom with the intent of creating new oyster bars. Because
                   of rapid oyster growth in the bay, harvesting around the edges may begin at 18
                   months and a planted reef may be at full production within two years (Ingle and
                   Dawson, 1952, 1953; Whitfield, 1973). When mature, these reefs can yield as much
                   as 400 bushels per acre and it has been estimated that half of the bay's yield
                   comes from DNR constructed or enhanced reefs (Whitfield and Beaumariage,
                   1977).

                   Through the Aquaculture Policy Act (Chapter 597, F.S.) the Department of
                   Agriculture was made the lead agency in the state to promote and coordinate the
                   development of aquaculture. Section 258.42 F.S. of the Florida Aquatic Preserves
                   Act provides that aquaculture is presumed to be in the public interest, provided that
                   aquaculture is limited to culture activities which are:

                             a. on substrate, or do not extend beyond 6 inches above the substrate;
                             and

                             b. limited to those areas which will not destroy grassbeds, natural flow of
                             waters, or other natural values which designation of the area as an
                             aquatic preserve was intended to protect.

                                                            70

                                                                                       Figure 13

                                                    CONDTIONALLY APPROVED
                                                    WINTER HARVESTING AREA

                                                    CONDITIONALY APPROVED
                                                    SUMMER HARVESTING AREA

                                                    PROHIBITED

                                                                                                                     I I 11F               .... ...
                                                                               MK@          @il    - - - - - - - -
              A
                                                         �H!H    I I
                                 nric

                                                                                         11    [Ilia I-
                                                                                               +++-RI

                                                                                   COLA
                                                                       APALACHI            -----
                                                                               A Y
                                                                             ...............

                                                                                                      Ins  CUT

                                      APALACHICOLA                        BAY SHELLFISH HARVESTING MAP

                                                                         MAP REVISED MAY 16, 1990

                                                                          FLORIDA DEPARTMENT OF NATURAL RESOURCES
                                                                          SHELLFISH ENVIRONMENT ASSESSMENT SECTION

                   Chapter 18-21, F.A.C. further provides that aquaculture leases may only be granted
                   for a maximum term of 10 years and that the maximum size of an oyster lease in
                   Franklin County is one acre. The Department of Natural Resources also has
                   adopted the following policies and special lease conditions to include in aquaculture
                   lease contracts in Apalachicola Bay:

                             1. the source of brood stock must be Apalachicola Bay;

                             2. hatcheries must provide documentation showing that seed stocks are
                             from native brood stock and that seed stocks are free from disease that
                             may threaten endemic populations;

                             3. seed stocks must be certified free of disease that may threaten
                             endemic populations by a recognized shellfish pathologist,:

                             4. seed stock originating from hatcheries using waters from Apalachicola
                             Bay do not require certification;

                             5. documentation must accompany each shipment of seed stock; and,

                             6. hatcheries, in-state and out-of-state, must be located in low risk areas
                             where chance of contact with diseases that threaten endemic populations
                             are minimal.

                   In 1989   an oyster aquaculture demonstration project was initiated in Franklin
                   County.   This project was conducted by the Harbor Branch Oceanographic Institute
                   through   a sub-contract and was intended to demonstrate methods of raising
                   oysters in Apalachicola Bay. Some had hoped that through this program a network
                   of small-scale aquaculture projects could be initiated in the Apalachicola estuary.
                   This program, however, has experienced many difficulties, including a long standing
                   disagreement by local fishermen to the concept of leasing of the public bottoms.
                   This disagreement has its roots in the issue of perpetual leases and oyster
                   dredging which were discussed above. As a result of this disagreement, in early
                   1990, the Franklin County Board of County Commissioners passed a resolution
                   stating that:

                             1. No method of mechanical harvesting of oysters or other shellfish
                             should be approved for use in Apalachicola Bay or any waters of Franklin
                             County, Florida;

                             2. No leasehold interest should be granted by a@ny authority over lands or
                             waters being held as public trust property in Franklin County, Florida.
                             The State of Florida should be granted permission after public hearings
                             for the purpose of establishing some type of aquaculture research facility,
                             to be owned and operated solely by the State.

                                                             73

                   Since Section 253.68, F.S. provides that the county has the final say on this
                   manner, until this resolution is repealed the prospects for small-scale aquaculture
                   programs in the county are currently small. Aquaculture can still be utilized on the
                   perpetual private leases, but no new leases will be issued.

                   Shrimp represents the largest and most valuable fishery in the estuary in terms of
                   dockside value. The value of annual dockside landings of shrimp from 1983-1985
                   exceeded $7 million. And, this figure understates the value of the estuary toward
                   shrimp yields since many shrimp spend their juvenile stages in the bay, but are
                   harvested elsewhere. In 1979, an estimated 150 in-county and 200 out-of-county
                   shrimp boats worked the estuary (DNR, 1986). Many of the latter landed their
                   catches elsewhere, therefore their catch is not reflected in Franklin County landings.
                   It is also possible that shrimp caught elsewhere is landed here. There are two
                   distinct fleets of boats which harvest shrimp from the estuary. One consists of
                   larger boats which harvest shrimp in the gulf waters off the estuary. And the other
                   of smaller boats which harvest shrimp within the estuary. State-wide landings are
                   about half of what they were in the early 1950s, although the landings in the
                   Apalachicola estuary have increased over this period.

                   Blue crabs and finfish landings are also an important harvest from the estuary,
                   although they are dwarfed in volume by shrimp and oyster landings. As noted
                   earlier, the estuary is an important spawning ground for blue crab in the eastern
                   Gulf of Mexico. The value of blue crab landings for the estuary in 198,5 was in
                   excess of $500,000. Mullet is the major finfish harvested in the estuary with annual
                   landings exceeding $200,000 in 1983 and 1984. As with shrimp, the value of the
                   estuary to finfish landings is underestimated by Franklin County landing figures
                   because of the role of the estuary as a nursery for many gulf species.

                   Several recent actions suggest that the concept of managing the commercial and
                   recreational fisheries in the Apalachicola estuary is gaining acceptance.            A
                   conference on the Apalachicola oyster industry (Andree, 1983) concluded that a
                   "functional long-range resource use. plan is needed for oysters, as well cas other
                   marine resources in Apalachicola Bay". Since this conference, the Florida, Marine
                   Fisheries Commission has assumed the role of managing oysters.                     The
                   Apalachicola Bay Area Protection Act required that Franklin County and the
                   municipalities within it prepare, with assistance from concerned state agencies and
                   other. interested parties, a report on options to improve the fisheries for the bay,
                   Section 380.0555 (1 1)(f), F.S.. This report was completed in November 1988
                   (Herbert, 1988). The project consisted of collecting data and information on the
                   fisheries and an identification of and development of issues and options related to
                   the fisheries. Major issues relating to fisheries which were- noted in the report and
                   which need to be discussed in the future. include: water quality impacts from
                   forestry operations; salinity impacts associated with Bob Sikes Cut; the allocation
                   of water in the Apalachicola-Chattahoochee-Flint watershed; law enforc%ement;
                   establishment of a salt water demarcation line; institution of a county-widE@ fishing

                                                             74

                   license; establishment of an independent center for fisheries information; the
                   dredging of oysters on private leases; aquaculture; and the current shrimp count
                   law.

                   The draft Franklin County Comprehensive Plan also contained a policy which stated
                   that "Franklin County shall seek to establish an overall Apalachicola Bay
                   management plan in conjunction with other local, regional, state, and federal
                   agencies." Although no time frame for initiating this effort was provided or lead
                   entity within the county designated, inclusion of this policy does suggest that there
                   may be political support for the concept of comprehensive management of
                   commercial and recreational fishing in the estuary. Care must be taken, however,
                   to ensure that any efforts to manage the fishery from a comprehensive perspective
                   do not cause additional burdens for the industry. It also must be recognized that
                   management and protection of aquatic resources requires more than just managing
                   the aquatic resources themselves. As discussed later in this chapter, shoreline
                   uses and land use and water management activities within the entire drainage basin
                   must also be considered.

                   In understanding the vulnerability of an economy based on a single industry, the
                   county has recently explored options to expand their economic base. In early
                   1987, a conference was held to this end.. -Options discussed at the conference
                   included better organization of the seafood industry; aquaculture; enhanced
                   attraction of tourists; continued and expanded development of a historical district;
                   and approaching economic diversification on a regional level (i.e., the whole-Aver
                   valley).

                   COMMERCIAL WATERBORNE NAVIGATION

                   Several navigation projects pass through, or are in close proximity to the aquatic
                   preserve (Figure 14). These federal navigation channels are not included within the
                   preserve boundaries. The Apalachicola-Chattahoochee- Flint (ACF) navigation
                   project begins at the John Gorrie Bridge and extends up the Apalachicola River to
                   Lake Seminole, and up the Chattahoochee River to Columbus, Georgia and up the
                   Flint River to Bainbridge, Georgia. The project is authorized to have a 9x100 foot
                   channel and the principle commodities shipped on the river include fertilizers,
                   petroleum products, basic chemical products, and grains. Annual traffic on the
                   river currently exceeds ohe million tons per year. Because the project is a spur
                   channel off the Gulf Intracoastal Waterway (GIWW), and connects to the GIWW six
                   miles north of the bridge, most of the traffic on the ACF project does not cross the
                   aquatic preserve proper.

                   There are several federally authorized navigation projects which transverse
                   Apalachicola Bay including the GIWW, Two Mile Channel, St. George Island
                   Channel (Sikes Cut), Eastpoint Channel, and Scipio Creek Channel. The GIWW is

                                                            75

                   a 12 x 125 foot channel used for both waterborne commerce and as an access
                   channel to the bay for a variety of commercial and recreational fishing interests.
                   Principle commodities shipped on the GIWW across Apalachicola Bay include
                   gasoline, phosphate rock, asphalt, tar and pitches, and sodium hydroxide.

                   Two Mile and Eastpoint Channels are used predominantly by oyster boats, smaller
                   shrimp boats, and recreational craft. St. George Island Channel, or Sikes Cut, is
                   used for access to the Gulf by larger shrimp boats and for recreational fishing. The
                   Scipio Creek Channel is used as an access channel to a boat basin which is
                   presently used as a mooring area for smaller shrimp boats that constitute the bay
                   fishing fleet. Larger shrimp boats moor along the western edge of the access
                   channel.

                   All of these channels require maintenance dredging to maintain their authorized
                   dimensions. The ACF Waterway and the GIWW must be dredged annually. The
                   other projects are dredged at varying intervals from once every two to three years
                   at Two Mile, East-point and St. George Island Channels to once every 25 years for
                   Scipio Creek. Disposal of material is done mostly at open-water sites in the estuary
                   with over 1,150 acres of bay bottom designated as open-water disposal sites -                       I
                   (Leitman et al., 1986). The navigation channels and disposal sites account for over
                   one percent of the bay bottom.

                   The impacts of the Apalachicola-Chattahoochee-Flint (ACF) navigation project on
                   .the Apalachicola River and Bay system are discussed in Leitman et al., (1991). As
                   noted earlier, flow of the Apalachicola River plays a major role in both contributing
                   nutrients to the estuary and in defining the estuary's salinity regime. Therefore, any
                   actions which influence the river's flow regime can significantly influence the
                   estuary's ecosystems. Because of their limited storage capacity, the reserioirs on
                   the ACF River system have had a limited effect on the hydrologic regime of
                   Apalachicola River and Bay. As noted in the previous chapter, this issue has been
                   evaluated by Maristany (1981), Leitman et al., (1983), Leitman et al., (1984),
                   Alabama et al., (1984) and Raney et al., (1985), and all concluded that any effects
                   the reservoir system has on flows are shadowed by variations in flow caused by
                   climatic fluctuations.

                   Apalachicola Bay has been found to be one of the more rapidly in-filling estuaries
                   on the Gulf coast (Isphording, 1985). This, however, cannot be attributed to
                   dredging in the river since the material being dredged is predominantly sand which
                   can only be carried limited distances from the disposal site, and the material in-
                   filling the estuary is fine grained. In addition, this in-filling trend pre-dates major
                   dredging on the system. Bedosky (1987) found long-term sedimentation rates in
                   East Bay to be constant during the past 100 years, although Apalachicola Bay's
                   clay mineral content was altered for a short period of time after construction of the
                   dams. If anything, the reservoirs have reduced the rate of in-filling in the estuary
                   through the trapping of material.

                                                             76

           OCLC: 26478807                 Rec stat:      n
           Entered:     19920825           Replaced:     19950607         Used:     19921223
        $  Type: a           Bib tvt: m             Source:   d           Lang:   eng
           Repr:             Enc LvL: I             Conf pub: 0           Ctry:   flu
           Indx: 0           Mod rec:               Govt pub: s           Cont:   b
           Desc: a           Int  lvl:              Festschr: 0           ILLus:  abd
                             F/B:      0            Dat tp:   s           Dates:  1992,      %
        $     1 040       FBA Ic FBA %

        $     2 043       n-us-ft %

        $     3 092       574.9759 12 20 %
        $     4 090       lb %
        $     5 049       NO@M %
        $     6 245   00  Apalachicola Say aquatic preserve management plan : lb adopted
        January 22, 1992 / Ic prepared by the Bureau of Submerged Lands and Preserves,
        Division of State Lands. %
        $     7 260       [Tallahassee] : lb Dept. of Natural Resources, Ic E19921. %
        $     8 300       168 p. : lb ill., charts, maps ; Ic 28 cm. %
        $     9 504       includes bibliographical references (p.145-157). %
        $   10  651    0  Apalachicola Bay (FLa.) %
        $   11  650    0  Bays Iz Florida. %
        $   12  650    0  Aquatic resources Iz Florida Iz Apalachicola Say. %
        $   13  650    0  Marine parks and preserves Iz Florida Iz Apalachicola Say Ix
        Management.    %
        $ 14 710     1    Florida. lb Bureau of Submerged Lands and Preserves. %

                                                                             m m m
                                                                                 Figure 14

                                       FEDERAL NAVIGATION CHANNELS WITHIN THE AQUATIC PRESER%

                                                                             a

                                       D                                                                    EAST

                                                                                                            BAY
                                            Us   98
                                                                                                       V.
                                                                                                   Cte
                                                                                             S,-%Q,ot%e%         .:.  * ASTPbINT
                                                                       APALACNIC(jL-                                  CHANNEL

                                                                                                                       BULKHEAD
                                                                                                                          SHOAL
        4                                     SOUt4o                          T      Ile                                 CHANNEL
                                                                                     hannel

                                                                                                                         ATE
                               ... .......
                                                                                                        VBACOA
                  INDIAN                                                                             I T4
                   PASS               Nc EA(.r
                                               ISLA
                                                    )VD

                                                  WEST               LINK CHANNEL
                           N                      PAS$Kl
                                                     'foUTER
                                                         w Y                                   Sik*s
                                                       CHANNEL                                 Cut

                                                                                                                            0

                                                  GULF OF MEXICO

                   Use of the Apalachicola River as a navigation project subjects Apalachicola Bay to
                   potential impacts from the spilling of commodities. Commodities transported on the,
                   river which could have a deleterious impact if spilled include fertilizers, petroleum
                   products and chemical products. In a typical year these can account for over 40%
                   of the tonnage shipped on the river (over 500,000 tons). To date, there has not
                   been any major spills on the Apalachicola River, but if traffic increases (as desired
                   by navigation interests), the potential for accidents increases. In general, there are
                   two types of impacts from spills:       1) short-term lethal effects from chemical
                   components; and 2) sublethal effects occurring over time. Short-term effects may
                   either be associated with chemical poisoning or smothering of plant and animal
                   species unable to move from an area. Although an oil spill plan exists for the river
                   (ARPC, 1984), no workable program for dealing with spills exists. The DER is
                   currently working on developing a response plan for oil spills.

                   Leitman et al., (1986) evaluated existing navigation projects in Apalachicola Bay and
                   the impacts of these projects on the estuarine ecosystem. They concluded that
                   many of the studies evaluating environmental impacts of dredging and disposal in
                   Apalachicola Bay are inadequate for determining the extent of ecological impacts.
                   The institutional process for designing studies, assuring quality control, reviewing
                   results, and integrating studies into operational programs has also been
                   inadequate.     Consequently, Leitman et al., (1986) recommended continued
                   assessment of localized and system-wide impacts from maintenance dredging and
                   disposal activities on the estuary.

                   By nature, estuaries are complex, dynamic systems which are not yet completely
                   understood.     Activities with gross impacts and/or impacts which manifest
                   themselves over a short-term are more easily discernible. However, activities which
                   have more subtle effects that may prove to have far reaching effects over time,
                   such as a gradual shift of community structure are not so easily noticed. Because
                   a specific impact has not been identified, or related to a specific activity, does not
                   mean it is not occurring. As the discussion on Sikes Cut later in this section
                   shows, if maintenance activities affect circulation patterns and/or salinity flux, the
                   potential for subtle, widespread impact exists. On the other hand, if the effects are
                   limited to'burial of habitat or changes in water quality, the impacts may be more
                   localized.

                   The most obvious physical impacts of dredge and disposal activities in the estuary
                   are the relatively short-term increases in turbidity and suspended solids, and the
                   long-term establishment of dredged channels and elevated disposal sites. Fluid
                   mud flow and the continued resuspension of dredged material by wind generated
                   waves and currents are less obvious and less studied JM pacts (Leitman et al.,
                   1986). Turbidity plumes observed in Apalachicola Bay vary in size and persistence
                   depending on factors such as density and grain-size of material being dredged,
                   wind speed and direction, current speed and direction, tidal phase, and type of
                   disposal pipe configuration. The degree of stratification of the water column also

                                                             79

                   influences the turbidity plume (COE, 1982). The largest turbidity plume measured
                   in the estuary is 1.3 miles long (Schubel et al., 1978), and all studies of turbidity
                   associated with dredging in the Apalachicola estuary found plumes to have much
                   higher concentrations of suspended solids and turbidity near the bottom. The
                   dimensions of the plume.are also greater near the bottom. Secondary and tertiary
                   resuspension of the dredged material by wind is more persistent and extensive than
                   the initial plume (Leitman et al., 1986). The biota in dynamic systems which
                   periodically experience natural increases in turbidity, such as Apalachicola Bay, are
                   less affected by high turbidity than in systems which do not experience significant
                   natural fluctuations in turbidity.

                   An assessment of fluid mud movement associated with dredging in Apalachicola
                   Bay (USGS, 1984) suggest that material disposed in open-water sites spreads out
                   in a layer up to one foot thick, and is then shifted around over time. The Corps
                   depends on this migration of material off the sites to rejuvenate the site and extend
                   its project life (COE, 1981; 1982). In Apalachicola Bay, the Eastpoint Channel is the
                   most likely area to present fluid mud problems, not only because of the fine grained
                   and polluted nature of disposal material there, but also because of its proximity to
                   the productive oyster bars at Cat Point.

                   Dredge and disposal activities have impacted   -the chemical constituents in the water
                   column and sediment layers of Apalachicola Bay. Because the water column and
                   sediment layers of the estuary are in a relatively unpolluted state, they have not
                   caused serious7 impacts (Leitman et al., 1986). Livingston (1 984a) noted that the
                   dredged channels of the GIWW, Two Mile, and Eastpoint Channels are depositories
                   of silt-laden sediment contaminated with heavy metals. Dredging and disposal
                   activities distribute these polluted sediments into the estuary at large. The DER and
                   Corps have agreed that the next time the Eastpoint Channel is dredged the
                   associated impacts will be monitored, especially as they relate to nearby oyster
                   bars.

                   The most noticeable biological impact from dredging and disposal activities is the
                   disruption of the benthic habitat and biologic communities which utilize the channel,
                   and the burial of benthos during disposal. Because the area being dredged and
                   disposed on is less than 1% of the estuary and some degree of recovery occurs,
                   these impacts are not believed to be significant from a system-wide perspective
                   (WAR, 1975; Taylor, 1979; COE, 1981; COE, 1982). However, because of the
                   movement of material off site in the form of fluid mud, the total area affected and
                   the rate of recovery of these areas is not completely understood (Leitman et al.,
                   1986). No macro- i nve rte brate samples have been collected on or around disposal
                   sites close to the time of dredging. WAR (1975) and-L.ivingston (1984a) have
                   investigated the impact of dredging on benthic macro-invertebrates in the estuary
                   and were unable to define any impacts due to- dredging and disposal. However,
                   against the background of such high variability and within the studies' design and
                   scope restraints, only catastrophic impacts would likely have been documented.

                                                            80

                    To minimize potential impacts to estuarine biota, the Corps has agreed to only
                    dredge between December 1 and March 31.

                    Changes in hydrology of the bay due to the creation of channels and disposal
                    mounds could affect the ecology of the bay. The Corps has developed a
                    hydrodynamic model to assess circulation impacts from current disposal practices
                    (Raney et al., 1985), although serious problems with this model have been noted
                    (Weisberg, 1987; Rodriguez, 1988; Weisberg 1989). Perhaps the. most significant
                    impact of navigation channels on the estuary is associated with the construction
                    "and development of Sikes Cut. The channel was constructed in 1957 to shorten
                    access for the Gulf shrimp fleet to Apalachicola. Considerable controversy has
                    surrounded the question of whether the cut has influenced the estuarine
                    ecosystem. Many local oystermen have expressed a belief that freshwater is
                    shunted out of the bay through the cut causing the bay to become more saline and
                    oysters are impacted by predators.

                    The bar that is believed to have been most damaged is St. Vincent Bar. Swift
                    (1898) reported dense growth of oyster on the bar in 1895-1896. However,
                    Danglade (1917) noted that the bar was showing signs of depletion and had been
                    closed by the State to recover. During the investigations of Pearse and Wharton
                    (1938), there was an indication, that the bar was still productive, but Ingle and
                    Dawson (1953) found no oyster production on the bar. Menzel et al., (1958)
                    studied the causes of oyster de' letion in the bar and found abundant spatfall, but
                                                     p
                    high oyster mortality there. They concluded that predation, especially by drills and
                    stone crabs, was the primary cause of mortality. Establishment of predators on the
                    bar was believed to be due to four or five years of low rainfall. They predicted that
                    with increased rainfall the reef could recover.       However, since the cut was
                    constructed the reef has not recovered (Miley, pers. comm.).

                    Two recent studies (Mehta and Zeh, 1980; Imsand, 1986) evaluated the distribution
                    of tidal influences from Sikes Cut on Apalachicola Bay to determine whether the cut
                    caused the degradation of oyster reefs, and concluded that the influence of inlet
                    flow on the bay is localized and that the Cut's impact on the oyster reefs is minimal.
                    Several problems have been identified with these studies (Leitman et al., 1985;
                    Leitman, 1989), most notably that the authors considered only the impacts of a
                    single tidal cycle, inappropriately discounting any incremental effects that would
                    take more time to become evident.

                    The Corps continues to maintaia that the model prepared for them does a good,job
                    of estimating salinity levels in the Bay, while State representatives are reluctant to
                    assess the salinity impacts of the Sikes Cut channel with-a model that they do not
                    believe does an adequate job of representing salinity levels. Consequently, this
                    study effort has been stopped before it was completed. The Northwest Florida
                    Water Management District, however, through the Surface Water Improvement and

                                                             81

                   Management (SWIM) program is initiating an effort to prepare a three-dimensional
                   model of Apalachicola Bay. This model should prove capable of assessing the
                   salinity impacts of the Sikes Cut channel.

                   ADJACENT LAND USES

                   The Apalachicola Bay Aquatic Preserve is in Franklin County, Florida, about 90
                   miles southwest of Tallahassee and 65 miles southeast of Panama City. The
                   population of Franklin County in 1987 was estimated to be 8,538, with 2,627 people
                   living in Apalachicola. The combined population of the three counties adjacent to
                   Franklin County (Gulf, Liberty, and Wakulla Counties) in 1987 was less than 30,000
                   (BEBR, 1988). In combination, the four counties have a population density of less
                   than 12.5 people/square mile.

                   With a few notable exceptions (i.e., cities of Apalachicola and Eastpoint, part of St.
                   George Island, and the coastal strand between Eastpoint and Carrabelle) the major
                   land uses in the Apalachicola Bay area are forestry and federally or state owned
                   conservation areas. About 93% of Franklin County is in forestry, owned for
                   conservation purposes, or is submerged under rivers, streams, or lakes (FCPD,
                   1989).   In recent years considerable acreage has been purchased in close
                   proximity to the estuary (see Figure 4, page 11). The majority of recent acquisitions
                   have been for environmental rather than recreational reasons and were intended
                   to protect the estuary from impacts associated with habitat alteration.

                   St. Vincent Island was a privately owned game preserve until 1968, at which time
                   it was acquired by the U.S. Fish and Wildlife Service, for inclusion in the National
                   Wildlife Refuge System. Land use on the island is limited to outdoor recreation
                   asthe 12,358 acre island's primary purpose is to serve as a wildlife refuge.

                   East of St. Vincent Island is Cape. St. George and St. George Islands. Cape St.
                   George is part of the Apalachicola National Estuarine Research Reserve and is
                   managed as a preserve. The privately owned western end of St. George Island is
                   being developed into a residential community which was planned under the
                   guidance of the Development of Regional Impact (DRI) program. The central
                   portion of the island is also in private ownership, but is zoned at one unit per
                   quarter acre. There are currently about 700 dwelling units on the island, many of
                   which support only weekend residents. The Department of Community Affairs
                   estimates that over 4,000 units are foreseeable when the island is fully developed
                   (DCA, 1986). On eastern end of St. George Island, 1883 acres are incorporated
                   into Dr. J.G. Bruce/St. George Island State Park. Another 75 acres on the island
                   is owned by the state and called "Unit 4".          This tract has no designated
                   management lease and is not managed. The state has also bought 17 acres
                   contiguous with the west end of the St. George Island State Park.

                                                            82

                    In addition, the state is pursuing acquisition of several other tracts of land on St.
                    George Island. Four tracts on St. George Island were included high on the most
                    recently approved list for acquisition under the Conservation and Recreation Lands
                    (CARL) program. These are: 1) Nick's Hole, a small natural embayment
                    encompassing less than 30 acres on the western portion of St. George Island; 2)
                    East Hole, a 25.5 acre site located on the bay side about 1000 feet east of the
                    causeway; 3) Shell Point bay front tract, a 188 acre bay front tract located east of
                    the causeway; and 4) Sikes Cut, a 37 acre tract adjacent to the cut on the bay
                    front. Of these, Nick's Hole is the most important since it is the most significant
                    drainage area for St. George Island and an important nursery area.

                    For more than a decade, it has been recognized that development of St. George
                    Island could have a deleterious impact on Apalachicola estuary (Livingston et al.,
                    1975). The narrowness of the island presents various problems with respect to
                    intensified development including little room for sewage effluent treatment by
                    individual septic systems.

                    In 1977 the Franklin County Commission approved the St. George Island Plantation
                    DRI in accordance with Chapter 380, Florida Statutes. The project contains 1200
                    acres in two discrete areas and consists of variety of uses including single family,
                    multiple_ family, a beach club, commercial district, and marina. Two of the
                    commercial areas are located on the western portion of the island near Sikes Cut
                    and Nick's Hole, and the third is near the park on the east end.

                    Across from St. Vincent Island, along the coast for approximately 18 miles west of
                    Apalachicola the major land use is forestry. This area is sparsely developed.
                    Apalachicola consists mostly of residential development, fringed by commercial
                    fishing houses, light industry, and residential uses.

                    The major land use surrounding East Bay is forestry and conservation.                  In
                    conjunction with establishing the Apalachicola National Estuarine Research Reserve,
                    4,744 acres were purchased through the CARL program. The community of
                    Eastpoint consists of mostly single family homes and mobile homes/trailers. Along
                    Highway 98 within and just outside Eastpoint is a large area used for single family
                    home, light industry and commercial fishing. The Eastpoint area is also beginning
                    to be developed for small, light commercial ventures not related to fishing. An
                    additional 115 acres on Cat Point was recently purchased through the CARL
                    program. This acquisition was important    since Cat Point lies within 100 yards of the
                    most productive oyster bars in the bay. From Eastpoint to Carrabelle, along the
                    coast are single family homes owned by small land owners.

                    In the future it appears that the Apalachicola area will develop into
                    residential/historic district; the Eastpoint area into      a service oriented, light
                    commercial area; and St. George Island as the tourist oriented area. Figures 15
                    and 16 provide future land use maps for Franklin County and the city of
                    Apalachicola.

                                                              83

                   Disposal of sewage effluent in the vicinity of Apalachicola Bay has long been a
                   problem because elevated coliform counts mandate closure of the bay's oyster
                   beds. In late 1979 and early 1980 a considerable amount of publicity and
                   regulatory action made this issue important to local interests because ten cases of
                   infectious hepatitis in Georgia and Alabama were linked to the consumption of
                   oysters from Apalachicola Bay. Then in the spring of 1980 the bay was repeatedly
                   closed for oyster harvest because of high river levels and a 1984 sewage spill
                   closed down the oyster industry for prolonged periods. Because of the potential
                   problem of shellfish contamination, standards of the U.S. Food and Drug
                   Administration mandate that estuarine shellfish harvesting be suspended when fecal
                   coliform counts reach a median MPN (most probable number) of coliform bacteria
                   of 14 per 100 milliliter. Closing of the bay is triggered by river stage, and the
                   specific stages for the Apalachicola Bay are based on the results of Furfari (1975).
                   Although this study did not consider the source of the coliform, local sewage
                   treatment facilities and septic tanks were considered to be a prime source (ARPC,
                   1979). Other possible sources included animal fecal matter from the -floodplain and
                   fecal matter from other upstream sources.

                   As noted above, a primary suspect in high fecal counts in Apalachicola Bay are
                   local sewage treatment plants and septic tanks, storm water runoff, infiltration, and
                   bad sewage lines. There are presently nine centralized sewage systems in Franklin
                   County. Five of these systems are privately owned and operated, one is located
                   at the state park on St. George Island, and the remaining three are municipal
                   systems located at Apalachicola, Carrabelle, and Eastpoint. Two of these municipal
                   systems, the ones at Apalachicola and Eastpoint, are located in close proximity to
                   the Apalachicola Bay aquatic preserve. A new sewage treatment facility was placed
                   into operation in Apalachicola in 1985. Effluents which previously discharged
                   almost directly into the bay were rerouted away from the bay through a titi swamp
                   which discharges into the Jackson River instead of Scipio Creek. This more
                   circuitous route was intended to provide a buffer for the bay in the event of plant
                   failure. Unfortunately, this plant is presently operating without a valid DER operating
                   permit. The City is under enforcement action by both the DER and the U.S.
                   Environmental Protection Agency. Excessive infiltration and inflow entering the
                   wastewater collection system hydraulically overload the plant. The wastewater is
                   therefore diluted to the extent that -the plant cannot achieve the percentage
                   reduction of total suspended solids required by the federal discharge permit.

                   The Eastpoint Wastewater Treatment Plant, which treats only domestic wastes,
                   began operating in 1975. Due to provisions in the Apalachicola Bay Protection Act
                   and the subsequent collection system expansion, the facility will be treating
                   industrial/commercial wastewater in the near future. The. majority of this will be
                   generated by the oyster industry. The plant is currently operating under a Notice
                   of Violation and an Order for Corrective Action. The specific violations addressed
                   in the order, have been or are being addressed and the system is to be expanded
                   in the near future (FCPD, 1989).

                                                             84

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                Figure 16 Future Land Use Map for the city of Apalachicola.

                                                  87

                     Septic tank systems are still widely used in Franklin County and evidence of septic
                     tanks discharging either directly or indirectly into Apalachicola Bay exists (ARPC,
                     1979; Howell, 1980; EPA, 1981; Porter, 1985; DCA, 1986). About three-fourths of
                     the septic tanks on St. George Island are located on soils that are either rated by
                     the U.S. Soil Conservation Service as having severe limitations for septic tank use,
                     or are in soils upon which the state limits development (DCA, 1986). Many of the
                     existing systems in the county are either inadequately constructed or maintained
                     (ARPC, 1979). DNR (1986a) noted that during periods of high water table,
                     waterborne contaminants are not only likely to travel from septic system drainfields
                     to the bay, but will experience little dilution and may arrive in the bay in significant
                     concentrations.

                     In April, 1988 the Florida Department of Health and Rehabilitative Services reported
                     on a survey of all septic tank systems in the Apalachicola Bay area to assess their
                     suitability as onsite sewage treatment systems (FDHRS, 1988). Of the 751 systems
                     surveyed west of the Apalachicola River, 292 were rated unsatisfactory. Of the 211
                     systems in Eastpoint, 61 were rated unsatisfactory. And, of 612 systems on St.
                     George Island, 170 were rated unsatisfactory. The survey concluded that the
                     number of illegal, failed, or otherwise non-compliant systems poses an
                     unacceptable risk to Apalachicola Bay. The survey report also stated it would be
                     cost-effective to extend central sewage treatment systems when possible to areas
                     experiencing widespread problems than trying to correct each system individually.

                     The Department of Environm      ental Regulation's 1988 Water Quality Assessment
                     Report (Hand et al., 1988) listed water quality problems at three monitoring stations
                     in the Apalachicola estuary as fair, with water quality problems being attributed to
                     poorly flushed canal systems and failing septic tanks. Untreated stormwater runoff
                     from the City of Apalachicola and nearby fishhouses were also believed to have
                     contributed to water quality problems. The Franklin County Fishery Option Report
                     (Herbert, 1988) further notes that commercial crabbers, fishermen, and guides who
                     work in the East Bay/East River area have recently reported that there are water
                     quality problems associated with forestry activities in Tate's Hell Swamp. Forestry
                     activities in Tate's Hell Swamp have been previously associated with local changes
                     in water quality and short-term adverse effects on aquatic biological associations
                     (Livingston, 1978).

                     There currently is a new marina being proposed for construction on St. George
                     Island at Sikes Cut and the upgrading of an existing marina is also being proposed.
                     The two existing marinas in Apalachicola have recently been upgraded.
                     Construction and operation of marinas can lead to water quality problems in
                     adjacent waters. Types of pollution commonly associated with marinas include
                     toxic chemicals (contained in some marine paints), petroleum discharges, heavy
                     metals, and bacterial contamination. As a result of public health, water quality and
                     resource concerns, the DNR has established the following policy regarding marinas
                     and shellfish waters; "In accordance with provisions of the Interstate Shellfish

                                                               89

                     Sanitation Program and Food and Drug Administration policy, the possibility of
                     chance contamination of shellfish in the immediate vicinity would require a
                     reclassification of that area within the marina proper to prohibited for the harvesting
                     of shellfish. Additional prohibited areas beyond the marina limits may be required
                     as well, depending on such factors as marina design and quality, marina usage,
                     and hydrography". In determining the extent of additional area which should be
                     closed, the DNR is forced to base this area on a -worst case situation because of
                     public health considerations.

                     A small marina on the west side of the John Gorrie Bridge on St. George Island
                     experiences water quality problems which will probably persist until improved
                     flushing and waste removal facilities are provided. Other boat mooring areas which
                     experience water quality problems because of inadequate flushing and facilities
                     include the channel behind the Eastpoint Breakwater and the Sportsman's Lodge
                     in Eastpoint (Livingston, 1988).

                     As noted in Chapter 111, Clark (1989) several areas on the Gulf shoreline of
                     Apalachicola Bay to be eroding. The erosion in all of these areas is considered
                     non-critical because many of these sites are on land owned by the public, and
                     because on the private areas existing regulatory controls are considered adequate
                     to protect the shore (DNR, 1990). DNR (1990) does note that since shoreline
                     recession appears to have accelerated in recent years in this area, close attention
                     needs to be given to the strategic siting of structures here. With the exception of
                     St. George Island State Park where sand fencing efforts to encourage dune growth
                     were conducted in the late 1970s and early 1980s, there has been no major
                     structural efforts to curb shoreline erosion problems.

                     Since the 1985 hurricanes caused extensive erosion o    n the bay-shore of St. George
                     Island' there has been a trend toward constructing seawalls to protect the
                     shoreline. Construction activities which do not take into account the basic physics
                     of beach dynamics tend to create problems which require further construction or
                     continual maintenance (USEPA, 1976). Building a seawall is drastic measure which
                     according to Pilkey et al., (1984) can over the long-term harm the shoreline.

                     As noted in Chapter 11, aquatic preserve management plans provide management
                     guidance for state sovereignty submerged lands which are beyond the jurisdiction
                     of the Local Government Comprehensive Planning Act. Therefore, if coordinated
                     properly the management plan for an aquatic preserve can serve as the waterward
                     extension of local government comprehensive plan.             Franklin County's and
                     Apalachicola's plans were approved by the state in 1991 and 1990 respectively.
                     Both these plans are required to be consistent with both the State Comprehensive
                     Plan and the Regional Comprehensive Plan prepared by the Apalachee Regional
                     Planning Council. The State and Regional Plans both contained extensive set of
                     policies relating to the protection of the aquatic resources of the Apalachicola
                     estuary.

                                                               90

                     BASINWIDE MANAGEMENT

                     The high productivity of the Apalachicola estuary is a result of the overall good
                     quality of water in the bay, the physical form of the bay, the salinity regime in the
                     estuary as defined by the flow of the river, and nutrient and detrital transport from
                     the river's floodplain (Livingston, 1984). Consequently, the use and management
                     of the Apalachicola-Chattahoochee-Flint (ACF) river basin can significantly impact
                     the resources of the aquatic preserve. - In general, the Apalachicola River has very
                     good water quality (Hand et al., 1988) and therefore it appears that pollution from
                     up basin sources are not deleteriously impacting the water quality in the
                     Apalachicola estuary.

                     As noted earlier, flow from the Apalachicola River has a profound influence on both
                     the estuary's salinity regime and nutrient input cycle. Salinity is considered to be
                     the single most important determination of the distribution of organisms in the
                     estuary (Livingston, 1983) and nutrients transported from the Apalachicola River
                     floodplain are integral to the ecological functioning of the estuary since detritivores
                     occupy key positions in the bay's food web (Livingston, 1983). In a typical year
                     flow in the Apalachicola River ranges from below 10,000 cubic feet per second (cfs)
                     to above 80,000 cfs.       Upstream rainfall has a much greater influence on
                     Apalachicola River flows than Florida rainfall because the majority of the basin is in
                     Georgia and Alabama (Meeter et al., 1979; Leitman et al., 1983).

                     The state of Georgia recently proposed to re-allocate a significant portion of the
                     active storage pool at Lake Lanier from hydropower to water supply (COE, 1989).
                     This proposal met with significant opposition from both property owners at Lake
                     Lanier and downstream water users. Opposition was based on the lack of time to
                     thoroughly review the documents, doubts as to whether a proper assessment of
                     the environmental and economic impacts downstream had been accomplished,
                     potential consumptive water losses,continued water quality problems at West Point
                     reservoir, and potential impacts on the environ-mental resources of Apalachicola
                     River and Bay. Lake Lanier recreational interests were also strongly opposed to
                     the proposal because it would lead to lower lake levels.

                     Ultimately, a lawsuit based on failure to meet the requirements of the National
                     Environmental Policy Act was filed by the State of Alabama and the State of Florida
                     filed a motion to intervene into the suit in support of Alabama. Instead of resolving
                     the dispute in court, however, a stay was filed and the three states and the Corps
                     of Engineers are presently attempting to negotiate a settlement to the dispute. A
                     key aspect of Florida's demands in this settlement is that the water resources of the
                     ACIF basin be managed from a basin-wide perspective.

                     Because of the quantity of water withdrawn for irrigatio      n, and since irrigation
                     withdrawals tend to be highest when flow is the lowest, irrigation has the potential
                     to significantly affect low-flow levels in the Apalachicola River. Hayes et al., (1983)

                                                               91

                    found that increased pumping for irrigation in the Dougherty Plain (including the
                    Flint River and Lake Seminole) would reduce the base flow of streams. This issue
                    is currently under closer review by the USGS.

                    Because of the relationship between flow in the basin and the ecology of the
                    estuary it is important that the basin be managed from a system-wide perspective
                    for all uses, including water supply to the estuary. The first effort to manage the
                    basin as a system was proposed by the Northwest Florida Water Management
                    District in 1977 (NWFWMD, 1977), but it received no support. In 1979, when the
                    Apalachicola estuary was declared a National Estuarine Sanctuary conditions which
                    required basin-wide management of water resources were connected to the release
                    of federal funds. Florida, Georgia, Alabama, and the Corps of Engineers were to
                    pursue a Level B, or basin-wide, study of the water resources in the basin. In 1981,
                    the U.S. Water Resources Council (WRC) gave highest priority to this proposal
                    among "new starts". This ranking quickly became worthless with the abolishment
                    of the WRC by the Reagan Administration.

                    Interest in system-wide management of the basin was.revived in 1982 by DER in
                    reaction to a proposal to remove rock shoals from the upper Apalachicola River.
                    After considerable negotiations, threats of litigation and the Corps considering to
                    invoke Section 404(t) of the Clean Water Act to override state decisions, an
                    int'erstate Memorandum of Understanding was signed in 1983 by the three states
                    to assess the water use in the basin, to develop a basin-wide drought management
                    plan, and to develop a water management strategy for the system. In 1984 the
                    interim water assessment for the basin was completed (Alabama et al., 1984), and
                    in 1985 the interim drought management plan for the basin was completed (COE,
                    1985a). A plan of study for developing the long-term water management strategy
                    was prepared in 1987 (COE, 1987). As part of the preparation of the water
                    management strategy, an effort was to be made to define the freshwater needs of
                    the Apalachicola estuary.     Inclusion of this study component was significant
                    because it acknowledged that along with upstream uses such as navigation,
                    hydropower, and water supply, the estuary was a user of freshwater.

                    Unfortunately, this study effort has not resulted in a basin-wide water management
                    strategy. A recent assessment of the progress of this effort (Leitman et al., 1989)
                    concluded that the outlook for system-wide management of water resources in the
                    ACF basin was bleak unless the present course of actions is altered. With the
                    widespread outcry to the recent proposal to re-allocate water in storage at Lake
                    Lanier and the subsequent lawsuit, it is still conceivable that basin-wide strategy
                    may be prepared.

                                                            92

                                                         CHAPTER V

                                         SITE SPECIFIC MANAGEMENT ISSUES

                     In the preceding Chapter, uses of the Apalachicola Bay Aquatic Preserve area and
                     impacts associated with these uses were reviewed. Usage was reviewed relative
                     to four general categories: commercial and recreation harvesting of marine
                     resources; commercial navigation; adjacent land uses and their attendant facilities
                     (e.g., docks, marinas, etc.); and, management of the river basin. In this Chapter
                     the relationship between these uses and their associated impacts and the
                     jurisdiction of the Aquatic Preserve Program is reviewed.

                     The major issues identified in Chapter IV relating to commercial and/or recreational
                     fishing which also relate to the use of state-owned sovereignty submerged bottoms
                     were aquaculture, private leases, and, oyster relaying and reef construction.
                     Although the issues of oyster aquaculture and leasing are within the jurisdiction of
                     the Aquatic Preserve Program, they also fall within the jurisdiction of other programs
                     within the Department of Natural Resources and are being handled through these
                     programs. The issue of the private leases has been dealt with both by the
                     Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement
                     Trust Fund and through the. courts. Therefore, the issue will not be dealt with any
                     further through this plan. Activities related to the relaying of oyster shells and the
                     construction of oyster bars fall under the preview of the Department of Natural
                     Resource's Shellfish Environmental Assessment Section which has staff, expertise,
                     funding, and authority relating to this issue. Therefore, there is no need for the
                     Aquatic Preserve Program to be involved with this issue.

                     All of the problems associated with the maintenance of commercial navigation
                     channels are. associated with federally maintained navigation channels and
                     therefore, by statute are exempt from the jurisdiction of the Aquatic Preserve
                     Program.

                     With regard to past problems associated with adjacent land-uses, many of these
                     have been addressed through Franklin County having been designated as an area
                     of critical state concern, the adoption of land use ordinances by Franklin County,
                     and through the county's and city of Apalachicola's recently adopted local
                     government comprehensive plans. The major land use issues relating to the
                     management of the Apalachicola Bay Aquatic Preserve deal with the construction
                     of shoreline protection structures and the demand for single-family docks along the
                     bay.

                     The issue of shoreline protection structures can be handled through the aquatic
                     preserve program if the structure is built within the boundaries of the aquatic
                     preserve (i.e., below mean high-water). If a landowner on an eroding shoreline,

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                    however, chooses to build a shoreline stabilization structure above the mean-high
                    water line, the structure falls outside the jurisdiction of the aquatic preserve
                    program. Even though, this structure will ultimately lie below mean-high water and
                    effect the adjacent shoreline.

                    The issue of shoreline structures has been reviewed by the Shoreline Stabilization
                    Subcommittee of the Technical Advisory Committee to the NWFWMD's Surface
                    Water Improvement and Management program. This subcommittee concluded that
                    the cumulative effects and continued construction of shoreline structures poses a
                    serious threat to the environmental integrity of surface waters. Therefore, this
                    Subcommittee recommended that:

                           1. In areas where shoreline stabilization structures are allowed, compliance
                           with prescribed design and construction standards could be better
                           accomplished by better coordination between state and local permitting
                           programs. Specific recommendation included a better defining of conditions
                           in which variances are granted, prohibiting backfilling behind shoreline
                           structures, and conducting public information and demonstration programs;

                           2. Strict penalties should be attached to violations to provide incentives to
                           follow permitting standards; -                                                            I
                           3. Critical zones which would limit or prohibit shoreline stabilization should
                           be established along undeveloped shorelines and exemptions and variances
                           should be eliminated within these critical zones; and,

                           4. Government land purchases and tax incentive programs should be
                           implemented. to discourage the construction of          shoreline protection
                           structures;

                    Steps should be take  n through the aquatic preserve program to follow through on
                    these recommendations.

                    With regard to the management of the water resources of the Apalachicola-
                    Chattahoochee-Flint River basin from a system-wide perspective, there is no
                    authority within the program to assure that adequate water is provided to maintain
                    the ecological integrity of the estuary.

                    In considering the aquatic preserve program's involvement in site specific
                    management issue at Apalachicola Bay, it must also be remembered that another
                    arm of DNR, the Apalachicola National Estuarine Research Reserve, has both a
                    strong and active presence in the estuary and has a missidn which is similar to that
                   ,of the aquatic preserve programs. Therefore, any management initiatives taken
                    through the aquatic preserve program should either be closely coordinated or
                    conducted in conjunction with the research reserve.

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                    MANAGEMENT INITIATIVES

                    This section of the management plan contains a management initiative to address
                    the management issue identified above which falls within the jurisdiction of the
                    Aquatic Preserve Program.      Adoption of this initiative will provide additional
                    guidance not addressed directly by statute or rule, for handling this issue. The
                    specific management initiative is:

                           1. Promote the prevention of erosion on the shoreline of St. George Island
                           by stipulating that in the permit-review process native wetland vegetation
                           (emergent and submergent) be used for shoreline stabilization either alone
                           or in conjunction with riprap.

                                                            95

                                                         CHAPTER VI

                                                   MANAGEMENT AREAS

                     INTRODUCTION

                     This chapter divides the aquatic preserve into separate management areas where
                     general or special rule criteria and allowable uses are defined for each area. The
                     management areas are classified and delineated based on the types and locations
                     of existing and planned uses of the adjacent uplands, as well as on the types,
                     occurrence and characteristics of the resources (natural and historical) on
                     submerged lands. The various management areas delineated may be classified
                     similarly or differently as these factors vary along the preserve.

                     The purpose of this chapter is threefold: 1) to provide-a better     understanding for
                     property owners and the general public of the applicable rule criteria and typical
                     kinds of uses allowed on the state-owned submerged lands            within the aquatic
                     preserve, 2) to provide local planners with a guide for land use decisions, and 3)
                    -to provide the staff of the Bureau of Submerged Lands and Preserves, and other
                     agencies with a continuity of direction in regards to the management of aquatic
                     preserves. In summary, the intent of this chapter is to both afford habitat protection
                     and clearly delineate allowable public and private uses of the aquatic preserve.

                     Prior to providing the criteria for specific resource management areas, it is
                     important that the intent, jurisdiction, and limitations of Florida's Aquatic Preserve
                     Program be reiterated. Section 258.36, F.S., states that "it is the intent of the
                     Legislature that state-owned submerged lands in areas which have exceptional
                     biological, aesthetic, and scientific value... be set aside forever as aquatic preserves
                     or sanctuaries for the benefit of future generations." The program has jurisdiction
                     over the use of state sovereignty submerged lands within the boundaries of a given
                     preserve. Activities which are not within the boundaries of the aquatic preserve
                     (i.e., adjacent upland land uses) or which do not directly affect the sovereignty
                     submerged bottom (i.e., regulation of commercial fishing or water quality) are not
                     within the jurisdiction of the Aquatic Preserve Program.

                     There are a number of differences between the rules governing uses of state-
                     owned sovereignty submerged lands within an aquatic preserve relative to those
                     not within an aquatic preserve. The principle difference is that submerged lands
                     within an aq uatic preserve must be managed with the intent of protecting them for
                     future generations. Consequently, any proposed use must be shown to be in the
                     public interest before it can be authorized, and an applicant must demonstrate that
                     no other alternative exists which would allow the proposed activity to be
                     constructed or undertaken outside the boundaries of the aquatic preserve.

                                                                97

                     MANAGEMENT AREA CLASSIFIcATiONS

                     A key component of the management program for an aquatic preserve is the
                     division of the preserve into management areas. The classification of management
                     areas in an aquatic preserve is based upon both the resource value of submerged
                     bottoms within the preserve, and the existing or anticipated future land use on the
                     adjacent uplands as designated in the local government comprehensive plan(s).
                     As in the delineation of upland land uses through zoning, the intention of delineating
                     a preserve into management areas is to guide development activities on the state-
                     owned submerged lands to areas where it is more appropriate, and to provide
                     standards to allow development actions to be compatible with resource
                     conservation goals.

                     The designated land use is incorporated into the classification of management
                     areas because use of the adjacent uplands has a direct bearing on the intensity of
                     demand for uses of state-owned submerged bottoms. The Aquatic Preserve
                     Program has no jurisdiction over the designated use of the adjacent uplands. The
                     incorporation of the designated land use into the management area classification
                     is primarily an acknowledgement of how local government has chosen to have a
                     certain area developed; however, this upland designation also serves as a tool in
                     designating compatible uses of the submerged bottoms in accordance with the
                     upland uses. A change in designation by the local government, will not necessarily
                     result in a change in the management area classification. Specific land use
                     categories to be incorporated in the classification of management areas include:

                             Agriculture (AG):      This category represents state-owned sovereignty
                             submerged bottoms adjacent to land designated on an approved Future
                             Land Use Map for a county and/or municipality as agriculture. It is intended
                             to accommodate private areas with sparse populations used primarily for
                             agricultural and/or forestry purposes.

                             Sincile-Family (SF):    This category represents state-owned sovereignty
                             submerged bottoms adjacent to land designated on an approved Future
                             Land Use Map for a county and/or municipality as singl        'e-family residential.
                             It is intended to include areas using the adjacent portion of the aquatic
                             preserve solely for private, recreational activities.

                             Multi-Faimily (MF):     This category represents state-owned sovereignty
                             submerged bottoms adjacent to land designated on an approved Future
                             Land Use Map for a county and/or municipality as multi-family residential.
                             It is intended to include.areas where more than one private residence are
                             using the adjacent portion of the aquatic preserve solely for private,
                             recreational activities. The associated residences include townhouses, trailer
                             parks, condominiums, apartments, and any other group of multi-family
                             dwellings. They may also include a group of single-family property owners,

                                                                 98

                             as in the case of a homeowners association, that desires to construct any
                             of the above-mentioned structures for the mutual benefit of the group.

                             Public Recreation (PR): This category represen     ts state-owned sovereignty
                             submerged bottoms adjacent to land designated on an approved Future
                             Land Use Map for a county and/or municipality as public usage or
                             preservation and which is utilized for the purposes of public recreation. It is
                             intended to include areas where structures are used by the general public
                             at no charge, and in federal, state, county, or municipal parks that charge
                             a nominal fee. Military structures, while not always open to the public, are
                             considered in this category since the military serves the public.

                             Preservation (P):     This category represents state-owned sovereignty
                             submerged bottoms adjacent to land designated on an approved Future
                             Land Use Map of a county and/or municipality as preservation. The land
                             may either be in public or private hands.

                             Commercial-Industrial (Cl):        This category represents state-owned
                             sovereignty submerged bottoms adjacent to land designated on an
                             approved Future Land Use Map for a county and/or municipality as
                             commercial or industrial. The category is also intended to incorporate uses
                             associated with structures that charge fees or generate revenue. Examples
                             of commercial uses includes private marinas that charge fees; yacht clubs
                             that charge membership fees; private businesses such as fish houses; and,
                             establishments such as restaurants.

                             Open-water (OW):       This category represents state-owned sovere           ignty
                             submerged bottoms within an aquatic preserve which are of a distance of
                             greater than 500 feet from land.

                      Classifications of management areas are also derived from the resource value of
                      the sovereignty submerged bottoms adjacent to the upland property. As noted
                      above, resource value is also to be incorporated into the classification of
                      management areas. Each of the land use classifications noted above is assigned
                      a second code letter to define the resource value of its submerged bottoms. An
                      area within the preserve is designated as a primary resource protection area
                      ("V), if it is judged to be of high value.

                      The methodology used for determining whether the communities present at a site
                      constitute a primary resource protection area shall be consistent with the latest
                      methodology approved by the Bureau of Submerged Lands and Aquatic Preserves.
                      Areas that are characterized by the absence of the above resource attributes will
                      be designated as a secondary resource protection area ("2"). A 1 " designation

                                                                 99

                     essentially incorporates those areas defined as Resource Protection Areas 1 and
                     2 by Section 18-20.003, F.A.C.; and, a "2" designation incorporates those areas
                     defined as Resource Protection Area 3. '                                                            I
                     For example, if an area within the preserve is determined to be a primary resource
                     protection area, and if the adjacent land is zoned as a single-family residential
                     neighborhood, it would be classified as a SF/1 management area.

                     For each area designated a specific management area classification within the
                     Apalachicola Bay Aquatic Preserve, a set of criteria will be listed in regard to use
                     of that area. The minimum criteria are those provided in Chapter 18-20, F.A.C.
                     Where specific resource protection needs are warranted, more stringent criteria
                     than those listed in Chapter 18-20, F.A.C. will be set. If more stringent criteria are
                     found to be necessary, the classification scheme accommodates this by labeling
                     those areas with an additional letter. Therefore, if more stringent criteria is provided
                     for the SF/1 area noted above, the area would then be classified as SF/la. If an
                     area does not contain the additional letter, the minimum criteria in Chapter 18-20,
                     F.A.C., applies. Areas where more stringent criteria apply are referred to as
                     special management areas. Upon approval of this-management plan by the
                     Board of Trustees, the Apalachicola Aquatic Preserve management plan will be
                     incorporated into Chapter 18-20 F.A.C. rule by reference; therefore, new or more
                     stringent criteria in this plan will have the force and effect of rule upon adoption of
                     this plan into rule.

                     In the next section, the minimum criteria in Chapter 18-20, F.A.C. is provided. Then
                     in the following section, the management areas are delineated providing
                     boundaries, descriptions,. and allowable uses- for each area. Any specific criteria
                     for special management areas and a rationale for these criteria are also provided.
                     Finally, Figure 17 provides a map of the management areas within the Apalachicola
                     Bay Aquatic Preserve. The intention of providing this map is to give a general
                     guidance and understanding of where management areas lie within the aquatic
                     preserve. However, determination of what management classification provided to
                     a specific site will be based on the definitions above. In the event that a site visit
                     concludes that the management area for a specific site is different from that shown
                     on Figure 17, the determination made during the site visit will be judged as the
                     correct determination.

                     MINIMUM CRITERIA FOR ALLOWABLE USES

                     Chapter 18-20, F.A.C. (Appendix A), provides the minimum standards in regard to
                     utilization of the state-owned sovereignty submerged bottoms within an aquatic
                     preserve. These minimum standards are reviewed below by designated use.

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                     Section 18-20.004 (1)(f), F.A.C. provides that structures to be built in, on, or over
                     sovereignty lands are limited to those necessary to conduct water dependent
                     activities.

                     Utilily Easements:
                     Section 18-20.004 (3)(c), F.A.C. provides that utility cables, pipes, and other such
                     structures shall be constructed and located in a manner that will cause minimal
                     disturbance to submerged land resources such as oyster bars and submerged
                     grassbeds and do not interfere with traditional uses. It will be the policy within the
                     Apalachicola Bay Aquatic Preserve to encourage the placement of utilities in
                     designated corridors or existing easements.

                     -Private residential sinale docks:
                     Section 18-20.004 (5)(a), F.A.C.   provides that all docks within an aquatic preserve
                     shall meet the following standards and criteria.

                                    1. No dock shall extend beyond 500_feet waterward of the mean or
                                    ordinary high water line or 20% of the width of the water body at that
                                    particular location. No dock shall extend over more than 150 feet
                                    of marsh. This shall be considered as special management criteria
                                    that will apply to all management areas where private residential
                                    single docks are permitted.

                                    2. Areas of significant biological, scientific, historic, and/or aesthetic
                                    value require special management considerations. Modifications to
                                    docks in these areas may be more restrictive and are determined on
                                    a case-by-case analysis.

                                    3. The number, lengths, drafts, and types of vessels allowed to utilize
                                    the proposed facility may be stipulated.

                                    4. Where local governments have more stringent standards and
                                    criteria for docking facilities, the more stringent standards for
                                    protection and enhancement of the aquatic preserve shall prevail.

                     In addition, Section 18-20.004 (5)(b), F.A.C. provides that private residential single
                     docks shall conform to the following specific design standards and criteria:

                                    1. An access dock must not exceed a width of 4 feet.

                                    2. Must be designed and constructed to ensure maximum light
                                    penetration.

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                                  3. May extend from the shoreline to a maximum depth of -4 feet
                                  mean low water (MLW).

                                  4. When the water depth is -4 feet MLW at an existing bulkhead, the
                                  maximum dock length from the bulkhead shall be 25 feet, subject to
                                  modifications accommodating shoreline vegetation overhang.

                                  5. Wave break devices shall be designed to allow for maximum water
                                  circulation and built in such a manner as to be part of the dock
                                  structure.

                                  6. The size of the terminal platform shall not exceed 160 square feet.

                                  7. New dredging of any type, including prop dredging, is strongly
                                  discouraged.

                    Private residential multi-slip docks:
                    In addition to meeting the standards for all docking facilities noted above, Section
                    18-20.004 (5)(c), F.A.C. provides that private residential multi-slip docks shall
                    conform to the following specific design standards and criteria:

                                  1. The area of sovereignty submerged land preempted by the
                                  docking facility shall not exceed the square footage amounting to ten
                                  times the riparian waterfront footage of the affected water body of the
                                  applicant, or the square footage attendant to providing a single dock
                                  in accordance with the criteria for private residential single docks,
                                  whichever is greater.     A conservation easement or other such
                                  restriction acceptable to the Board must be placed on the riparian
                                  shoreline, used for the calculation of the 10:1 threshold, to conserve
                                  and protect shoreline resources

                                  2. Docking facilities and access channels shall be prohibited in
                                  Resource Protection Areas 1 and 2, except as allowed pursuant to
                                  Sections 258.42 (3)(e)(1), F.S., while dredging in Resource Protection
                                  Area 3's shall be strongly discouraged.

                                  3. Water depths adjacent to and within the facility shall have a
                                  minimum of one foot of clearance between the deepest draft of a
                                  vessel and the bottom at MLW.

                                  4. Main access docks and connecting or cross walks shall not
                                  exceed 6 feet in width.

                                  5. Terminal platforms shall not exceed 8 feet in width.

                                                            102

                                    6. Finger piers shall not exceed 3 feet in width and 25 feet in length.

                                    7. Pilings may be utilized as required to provide adequate mooring
                                    capabilities.

                                    8.  Specific provisions of Section 18-20.004 (5)(d), F.A.C. for
                                    commercial industrial, and other revenue generating/income related
                                    docking shall also apply to private residential multi-slip docks.

                     Commercial-industrial docking facilities and marinas:
                     Section 18-20.004 (5)(d), F.A.C. provides that commercial, industrial, and other
                     revenue generating/income related docking shall conform to the following specific
                     design criteria and standards:

                                    1. Docking facilities shall only be located in or near areas with good
                                    circulation, flushing, and adequate water depths.

                                    2. Docking facilities and access channels shall not be located in
                                    Resource Protection Area 1; however, main access docks may be
                                    allowed to pass through Resource Protection Area 1 that are located
                                    along the shoreline, to reach an acceptable Resource Protection Area
                                    2, provided that such crossing will generate minimal environmental
                                    impact.

                                    3. The siting of docking facilities shall take into account the access of
                                    the boat traffic to avoid marine grassbeds or other aquatic resources
                                    in the surrounding area.

                                    4. The siting of new facilities within the aquatic preserve shall be
                                    secondary to the expansions of existing facilities when such
                                    expansion is consistent with other standards.

                                    5. The location of new facilities and expansion of existing facilities
                                    shall consider the use of upland dry storage as alternative to multiple
                                    wet slip docking.

                                    6. Marina siting will be coordinated with local governments to insure
                                    consistency with local plans and ordinances.

                     Exceptions to the standards and criteria for any docking facility may be considered,
                     but only upon demonstration that such exceptions are necessary to ensure
                     reasonable riparian ingress and egress.

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                     Spoil Disposal:
                     Section 18-20.004 (3)(d), F.A.C. provides that spoil disposal within an aquatic
                     preserve shall be strongly discouraged and may be approved only where the
                     applicant has demonstrated that there is no other reasonable alternative and that
                     the spoiling activity may be beneficial to, or at a minimum, not harmful to the quality
                     and utility of the preserve.

                     Lease, or transfer of lands, (Private Leases):
                     Section 18-20.004 (1)(b), F.A.C. provides that there shall be no further sale, lease
                     or transfer of sovereignty lands within an aquatic preserve unless such transaction
                     is in the public interest. Section 18-20.004 (2), F.A.C. specifically defines the public
                     interest test (see Appendix A for a copy of Chapter 18-20, F.A.C.). Section 18-
                     20.004 (1)(e), F.A.C. states that lease, easement, or consent may be authorized for
                     only the following activities: a public navigation project; maintenance of an existing
                     navigation channel; installation or maintenance of navigation aids; creation or
                     maintenance of a commercial/industrial dock, pier, or marina; creation or
                     maintenance of private docks; minimum dredging of navigation channels attendant
                     to docking facilities; creation or maintenance of shore protection structures;
                     installation or maintenance of oil and gas transportation facilities; creation,
                     maintenance, replacement, or expansion of facilities required for the provision of
                     public utilities; and, other activities which are a public necessity or which are
                     necessary to enhance the quality or utility of the preserve and which are consistent
                     with the Florida Aquatic Preserves Act (Section 258.35, F.�. through Section 258.46,
                     F.S.). Section 18-20.004 (1)(f), F.A.C. provides that structures to be built in, on, or
                     over sovereignty lands are limited to those necessary to conduct water dependent
                     activities.

                     Piers: follow standards of private residential single docks or private residential multi-
                     slip docks in accordance with the appropriate dock requirement for eac                  "h
                     management area's designated uses. In addition, the following applies to all piers:

                            (a)    no temporary or permanent vessel mooring shall be permitted; at
                                   least one well displayed "no docking" sign shall be placed and
                                   maintained on each side of the pier; and railings shall be placed
                                   around the entire perimeter of the pier; and,

                            (b)    dredging is strictly prohibited when associated w    ith pier construction
                                   or maintenance.

                     Ramps: may be permitted only on a case-by-case basis,           after site inspection to
                     assess the type and amount of shoreline or benthic vegetation or other habitat that

                                                               104

                    would be impacted; the amount of filling of submerged lands required; and the
                    accessibility to the ramp from water or land access.

                    MANAGEMENT AREAS

                    This section defines the management areas for the Apalachicola Bay Aquatic
                    Preserve, and is intended to be used as a general guide for allowable uses in the
                    preserve. Final determination of allowable uses will be made by the Bureau of
                    Submerged Lands and Preserves's staff on a case-by-case basis.

                    In addition to what is listed under allowable uses, certain activities are generally
                    permissible in all management areas, in accordance with general rules. These
                    include certain shoreline stabilization structures, maintenance dredging for public
                    channels, and channel markers.

                                                MANAGEMENT AREA AG11

                                       (agriculture/primary resource protection area)

                    Boundaries: The mainland along St. Vincent Sound from the western boun        dary of
                    the aquatic preserve to Green Point excluding a segment zoned residential, and
                    marshes surrounding East Bay extending from the main stem of the Apalachicola
                    River to eastern edge of East Bay opposite Tank Island, with- the exclusion of lands
                    owned by the State of Florida or zoned as conservation by the county.

                    Description: Lands zoned as agriculture/primary resource protection areas along
                    St. Vincent Sound's mainland shore receive this designation by virtue of the
                    existence of the existence of oyster bars and a saltmarsh consisting of black
                    needlerush (Juncus romerianus) and smooth cordgrass (Spartina alterniflora) -along
                    its shore. East Bay's shore receives a primary resource protection designation by
                    virtue of a marsh consisting of fresh and brackish species (i.e., bullrushes (Scirpus
                    spp.), cattails (lypha dominciensis), sawgrass (Cladium jamaicense) and brackish
                    water forms of cordgrass (Spartina spp.) and needlerush (Juncus)) and by virtue
                    of the existence of beds of fresh and brackish species of submerged grasses
                    consisting of widgeon grass (Ruppia maritima), ribbon or tape grass (Yallisneria
                    americana), and sago pond weed (Potomogeton spp.).

                    Allowable Uses: Utility easements (in designated corridors), private residential
                    single docks and piers.

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                                                 MANAGEMENT AREA SEL1

                                       (single-family/primary resource protection area)

                    Boundaries: Much of the western portion of St. George Island, Cat Point, portions
                    of the eastern shore of East Bay, a short segment of the shore of St. Vincent
                    Sound, and much of the Apalachicola Bay waterfront of the city of Apalachicola.

                    Description: Portions of the shore of St. George Island are designated as primary
                    resource protection areas by virtue of the existence of salt marshes consisting of
                    black needlerush and smooth cordgrass and seagrass beds consisting of shoal
                    grass (Halodule wrightii) manatee grass (Syringodium filiforme), and turtle grass
                    (Ihalassia testudinum). Cat Point and the short segment of shore in St. Vincent
                    Sound are designated as a primary resource protection areas by virtue of the
                    existence of oyster bars off shore and the existence of a salt marsh composed of
                    black needlerush and smooth cordgrass along the shore. The waterfront off the
                    City of Apalachicola is designated as a primary resource protection area by virtue
                    of the existence of a marsh consisting of fresh and brackish species including
                    bullrushes, cattails, sawgrass, and brackish water forms of cordgrass and
                    needlerush.

                    Allowable Uses: Utility easements (in designated corridors),          private residential
                    single docks and piers.

                    Not Allowed: Dredging of old mosquito ditches in areas where DNR has
                    jurisdiction, unless it becomes part of an approved arthropod control plan.

                                                 MANAGEMENT AREA SEL2

                                     (single-family/secondary resource protect    ion area)

                    Boundaries: Portions of the eastern shore of East Bay and the shore of St.
                    George Island.

                    Description: Those portions designated as SF/2 are those which do not contain
                    the resource attributes noted for SF/1. The bottom habitat in these areas consists
                    of tidal flats composed of sand and sandy clay off of St. George Island and sand
                    to clayey sand off of East Bay.

                    Allowable Uses: Utility easements, private       residential single docks and piers.

                    Not Allowed: Dredging of old mosquito ditches in areas where DNR has
                    jurisdiction unless it becomes part of an approved arthropod control plan.

                                                               106

                                                MANAGEMENT AREA CIL1

                                 (commercial-industrial/primary resource protection area)

                    Boundaries: Portions of the shore of East Bay (i.e., areas in the Eastpoint Urban
                    Service Area) and Apalachicola Bay in proximity to the town of Eastpoint.

                    Description: The shore in the vicinity of Eastpoint is designated as a primary
                    resource protection area by virtue of the existence of oyster bars off shore and
                    existence of sea grass beds consisting of Widgeon and ribbon grasses and sago
                    pond weed in East Bay.

                    Allowable Uses: Utility easements (in designated corridors), docks and piers.
                    Note: a commercial dock, however, may be permitted to pass over a primary
                    resource protection area in order to reach a secondary resource protection area.

                                                MANAGEMENT AREA C112

                                (co m merci al - i nd ustrial /secondary resource protection area)

                    Boundaries: The Apalachicola River waterfront of the city of Apalachicola, portions
                    of the waterfront iR proximity to Eastpoint, and a segment of the bay shore of St.
                    George Island near the St. George Island bridge.

                    Description: The bottom habitat off the city of Apalachicola, the city of Eastpoint,
                    and St. George Island in proximity to the bridge consist of sand, sandy clay, and
                    clayey sand.

                    Allowable Uses: Utility easements, commercial docks and piers, marinas, ramps.

                                               MANAGEMENT AREA PR/1

                                    (public recreation/primary resource protection area)

                    Boundaries: The Apalachicola Bay waterfront off of a public park in the city of
                    Apalachicola.

                    Description:   The waterfront off the city of Apalachicola is designated as a primary
                    resource protection area by virtue of the existence of a marsh consisting of fresh
                    and brackish species including bullrushes, cattails, sawgrass, and brackish water
                    forms of cordgrass and needlerush.

                                                             107

                    Allowable Uses: Utility easements (in designated corridors) public docks (meeting
                    the requirements of a private residential single dock), ramps.

                                                MANAGEMENT AREA RBL2

                                  (public recreation /secondary resource protection area)

                    Boundaries: Battery Park and a portion of the city of Apalachicola's waterfront
                    between the boat basin and where Highway 98 enters into the city.

                    Description: The bottom habitat off of this area consists of sand, sandy clay, and
                    rubble.

                    Allowa  ble Uses: Utility easements, public docks (meeting the requirements of a
                    private residential multi-slip dock), ramps.

                                                MANAGEMENT AREA RL1

                                      (preservation/primary resource protection area)

                    Boundaries: Portions of the Apalachicola Bay shore of Cape St. George or Little
                    St. George Island, portions of the shore of St. Vincent Island along St. Vincent
                    Sound, public lands in East Bay, and much of the waterfront up Scipio Creek and
                    on the land between Scipio Creek and the city of Apalachicola.

                    Description: The area along the bayshore of Little St. George Island and St.
                    Vincent Island are designated as a.primary resource protection area by virtue of salt
                    marshes consisting of black needlerush and smooth cordgrass. Along Little St.
                    George Island beds of submerged seagrass which include shoal, manatee, and
                    turtle grass are also found. Oyster bars are found nearshore of St. Vincent Island.
                    East Bay's shore receives a primary resource protection designation by virtue of
                    a marsh consisting of fresh and brackish species (i.e., bullrushes, cattails,
                    sawgrass, and brackish water forms of cordgrass and needlerush and by virtue of
                    the existence of beds of fresh and brackish species of submerged grasses
                    consisting of widgeon grass), ribbon or tape grass, and sago pond weed. The
                    waterfront in the Scipio Creek area is designated as a primary resource protection
                    area by virtue of the existence of a fresh to brackish water marsh.

                    In the past, mud flats have not been accorded the samp. protection as seagrass
                    beds because the microalgae which are produced there are not as visible as the
                    grasses, but in reality the microalgae may be more productive. Emphasis will be
                    placed on protecting productive mud flats, however their designation as primary or
                    secondary protection areas will be determined by field sampling.

                                                             108

                     Allowable Uses: Private residential single docks. Other structures in the public
                     interest may be constructed.

                                                MANAGEMENT AREA P12

                                    (preservation /secondary resource protection area)

                     Boundaries: Portions of the shores of Little St. George Island and St. Vincent
                     Island which are not designated as primary resource protection areas and the
                     waterfront in the vicinity.

                     Description: The bottom habitat in these portions of the preserve consist of sand,
                     sandy clay, and clayey sand.

                     Allowable Uses:. Utility easements, private residential single docks and piers.
                     Other structures in the public interest may be constructed.

                                               MANAGEMENT AREA QW/1

                                       (open water/primary resource protection area)

                     Boundaries: Scattered areas      throughout Apalachicola Bay proper and in St.
                     Vincent Sound.

                     Description: Are-as designated as primary resour      ce protection areas in either
                     Apalachicola Bay or St. Vincent Sound are so designated by virtue of the presence
                     of oyster bars or seagrasses.

                     Allowable Uses:      Utility -easements (in designated corridors).       NOTE: this
                     designation does not affect the harvesting of oysters or the planting of oyster bars.

                                               MANAGEMENT AREA QW/2

                                     (open water/secondary resource protection area)

                     Boundaries: Scattered areas throughout Apalachicola Bay proper and in St.
                     Vincent Sound as well as the open water areas in East Bay.

                     Description: The bottom habitats in the open water sections of Apalachicola Bay
                     vary considerably and are discussed earlier in the report.

                     Allowable Uses: Utility, easements, spoil disposal from federal projects, private
                     leases.

                                                             109

                   SF I - Single Family/Primary Resource Protection Area
                   SF 1 and SF 2 - Single Family/Primary and Secondary Resource Protection Area
                   P 1 - Preservation/Primary Resource Protection Area                                        0.
                   P 1 and P 2 - Preservation/Primary and Secondary Resource Protection Area
                   P 2 - Preservation/Secondary Resource Protection Area
                   PR I - Public Recreation/Primary Resource Protection Area
                   PR 2 - Public Recreation/Secondary Resource Protection Area
                   AG I - Agriculture/Primary Resource Protection Area                                       %V                                                                            G
                   C1 1 - Commercial-industrial/Primary Resource Protection Area                           q                                                                       P1
                   C) 2 - Commercial-Industrial/Secondary Resource Protection Area                                                                           P1
                   OW I - Open Water/Primary Resource Protection Area                                                                                                  AGI
                   OW 2 - Open Water/Secondary Resource Protection Area

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                                                        CHAPTER Vill

                                              MANAGEMENT ACTION PLAN

                    The objective of this chapter is to establish guidelines which allow for the
                    management and protection of the Apalachicola Bay Aquatic Preserve's natural
                    resources for the benefit of future generations (Section 258.35, F.S.). Many of the
                    authorities needed to manage and protect natural resources in an aquatic preserve
                    are vested to entities outside the Bureau of Submerged Lands and Preserves.
                    Therefore, coordination is a key component of the implementation program for
                    managing aquatic preserves. For instance, the regulation of land use practices on
                    the adjacent uplands is critical to the long-term protection of the aquatic resources
                    of the preserve and no authority is vested in the program to manage growth.
                    Instead, this authority is centered in county and city government and is guided by
                    Franklin County's and the city of Apalachicola's Local Government Comprehensive
                    Plans. These plans'are currently undergoing state review.

                    It would improve the chances of the management goals and concepts of this
                    management plan being attained if they are consistent with local plans. As noted
                    earlier, Policy 21.4 of the Conservation /Coastal, Management Element of the
                    County's Draft Comprehensive Plan states that "prior to     the adoption of any land
                    development regulations pursuant to Section 163.3202, F. S., the county shall review
                    and incorporate, where appropriate, policies recommended in the Apalachicola Bay
                    Aquatic Preserve Management Plan, the National Estuarine Research Reserve
                    Management Plan, the Northwest Florida Water Management District's Surface
                    Water Improvement and Management Plan, and the Lower Apalachicola River
                    Environmentally Endangered Lands Management Plan."

                    To date, the aquatic preserve has had a limited presence in the Apalachicola Bay
                    Aquatic Preserve and this limited presence can be attributed at least partially to the
                    existence of the Apalachicola National Estuarine Research Reserve and the fact that
                    many of the charges and goals of the Aquatic Preserve Program and the Estuarine
                    Research Reserve Program are the same. In fact, many of the tasks listed in this
                    chapter as the duties of the aquatic preserve staff are already being conducted by
                    staff of the Apalac hicola Estuarine Research Reserve.

                    To effectively manage a natur  al resource, one must be knowledgeable about how
                    the resource functions and what composes the resource, be able to transmit this
                    knowledge to people who use and/or can potentially impact the resource, and be
                    willing to take necessary actions to manage and protect the resource. Therefore,
                    the management strategies for an aquatic preserve must consist of a variety of
                    programs including direct hands-on management of resources, resource protection,
                    environmental education, and research. The emphasis of the Aquatic Preserve

                                                              113

                     Program in resource management is to conduct management activities and to
                     coordinate the network of federal, state, regional, and local agencies with the
                     authority to manage and protect natural resources. Through both of these
                     strategies a cohesive management program that leads to the long-term
                     conservation of the natural system may be attained.

                     For all of the following goals, objectives and tasks, the Department of Natural
                     Resources will, when appropriate and practical, participate with other agencies and
                     organizations dedicated to protecting the local resources. In order to avoid
                     duplication of effort the Department will initiate programs only when they do not
                     overlap or compete with programs operated by other governmental agencies or
                     non-profit corporations.

                     RESOURCE MANAGEMENT PROGRAM

                     In general, the role of the Aquatic Preserve Program in resource management
                     includeg: 1) serving as an informed source on the ecological functioning and
                     cultural resources within the preserve; 2) overseeing those activities that affect the
                     natural resources within the preserve; 3) ensuring that accurate information is used
                     in resource-related permitting, management, and planning decisions; 4) ensuring
                     that all laws and rules regarding the natural resources are obeyed and that any
                     violations are enforced by the appropriate auihorities; 5) conducting on-site surveys
                     for specific activities;  6) coordinating with other resource management and
                     enforcement agencies; 7) educating the public on the inherent values associated
                     with natural resources; 8) conducting or cooperating with other entities to conduct
                     pertinent research projects; 9) developing, and periodically updating, a
                     comprehensive management program. In conducting resource management
                     activities, the focus of preserve staff should be on both the impacts of an individual
                     action as well as the cumulative impacts of all changes and actions on the natural
                     system.

                     Specific activities conducted by aquatic preserve staff in regard to resource
                     management may include collecting and storing resource data and inventories;
                     mapping the natural resources; monitoring of natural resources; identifying resource
                     restoration needs and implementing a resource restoration program; and providing
                     technical input and comments into environmental permitting and land use planning
                     decisions.

                     In regard to data collection and inventories the predominant role of aquatic
                     preserves will be to organize and review data collected by other state and federal
                     environmental agencies, other sections of the DNR, universities, and other research
                     entities. To the extent possible, information should be stored in computers in a
                     format defined by the central office. Staff will conduct an assessment of ongoing
                     monitoring activities to assess its adequacy in monitoring the environmental climate

                                                                114

                    of the preserve. Whenever possible, staff should conduct additional monitoring
                    activities to augment existing monitoring programs conducted by other agencies.

                    Resource Management Goal

                    To conduct those resource management actions necessary to conserve and
                    enhance the natural resource-oriented values of the preserve for future generations.

                    Resource Management Objective 1:
                    Initiate implementation of a broad-based management program at the Apalachicola
                    Bay Aquatic Preserve which focuses on the management and protection of natural
                    resources, environmental education, and research.

                            Task 1-1:
                            Seek the necessary staff and funds to implement all of the tasks listed in this
                            resource management master plan.

                            Task 1-2:
                            Review, update, and revise as appropriate the tasks and programs in the
                            master plan at a minimum of once every two years.

                    Resource Manaaement Obeective 2:
                    Establish and maintain close communication and coordination with all federal, state,
                    regional, and local governmental agencies which have authority in natural resource
                    management decisions that can impact the Apalachicola Bay Aquatic Preserve once
                    staff is brought on to manage the preserve.

                            Task 2-1:
                            Assure that all state, federal, regional, and local government agencies which
                            have authority in resource management decisions in the aquatic preserve
                            are aware of the goals of the Aquatic Preserve Program, its authorities, and
                            what actions are considered acceptable and not acceptable within or in
                            close proximity to the aquatic preserve by providing them with copies of the
                            management plan and all subsequent amendments to it.

                            Task 2-2:
                            To understand the authorities of the various federal, state, regional, and local
                            agencies in regard to resource management and determine which staff
                            people in these agencies are responsible for activities within or in close
                            proximity to the aquatic preserve.

                            Task 2-3:
                            Establish and@maintain communication with staff of the U.S. Army Corps of
                            Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife
                            Service, National Marine Fisheries Service, U.S. Geological Survey, U.S.

                                                              115

                           Coast Guard, Florida Department of Environmental Regulation, Florida Game
                           and Fresh Water Fish Commission, Florida Department of Natural
                           Resources, Florida Department of Community Affairs, the Northwest Florida
                           Water Management District, the Apalachee Regional Planning Council, the
                           Franklin County Health Department, Franklin County's and the city of
                           Apalachicola's Planning and Zoning Department, and other entities which
                           have authority in regard to resource management and protection in the
                           aquatic preserve.

                           Task 2-4:
                           Serve as a regular monitoring liaison for agencies with resource
                           management authority and report any problems to specific agencies with
                           jurisdiction to deal with the problem.

                           Task 2-5:
                           Coordinate closely with the Florida Department of State, Division of Historical
                           Resources on all issues relating to historical and archaeological resources
                           within the aquatic preserve.

                           Task 2-6:
                           Develop a Memorandum of Understanding with all government entities
                           having jurisdictional authority in natural resource management decisions
                           which can affect the Apalachicola Bay Aquatic Preserve.

                    Resource Manaaement Obeective 3:
                    Be actively involved in all resource management decisions which can potentially
                    impact the natural resources of Apalachicola Bay Aquatic Preserve.

                           lask 3-1:
                           Review and provide comments for all permits relating to construction
                           activities on sovereign submerged lands within the aquatic preserve.

                           Task 3-2:
                           Review and provide comments on all upland land use actions including
                           comprehensive plans, county or'municipal ordinances, local development
                           regulations, or specific development proposals which have the potential to
                           impact the natural resources of the aquatic preserve.

                           Task 3-3:
                           Review and provide comments on all Administrative Rules developed by
                           state resource management agencies or the Marine Fisheries Commission
                           regarding the protection and management of the natural resources of the
                           aquatic preserve.

                                                             116

                           Task 3-4:
                           Review and provide comments on all permit applications that could
                           potentially impact the natural resources of the aquatic preserve including
                           permits for the maintenance dredging of the existing navigation channels,
                           modifications to channels, and construction of marinas, docks, and other
                           waterfront structures.

                    Resource Manaaement Objective 4:
                    Provide increased management and protection emphasis to areas within the
                    Apalachicola Bay Aquatic Preserve which either are integral to maintaining the
                    biological productivity of the aquatic preserve, contain outstanding resource values,
                    are in need of restoration or special management programs, or are important
                    habitat to state and federally designated species.

                           Task 4-1:
                           Delineate areas within the aquatic preserve where different management
                           emphasis   is necessary. Delineation of areas should incorporate both the
                           resource values of the site and reflect land-use on adjacent uplands. These
                           delineations should be periodically reviewed and amended.

                           Task 4-2:
                           Develop and periodically amend specific management programs which detail
                           approved and unapproved uses for each management area.

                    Resource Manaaement Objective 5:
                    To regularly monitor and inventory the natural and historical resources within the
                    Apalachicola Bay Aquatic Preserve.

                           Task 5-1:
                           Prepare and regularly update a map of natural habitats and historic
                           resources within and adjacent to the aquatic preserve.

                           Task 5-2:
                           Regularly monitor designated species and their associated habitats within or
                           in close proximity to the aquatic preserve. Any existing or potential future
                           problems should be identified.

                           Task 5-3:
                           Evaluate water quality monitoring data relevant to the management and
                           protection of the aquatic preserve which is collected by state and federal
                           resource management agencies and through other-research and monitoring
                           efforts, or by staff of the aquatic preserve.

                                                             117

                           Task 5-4:
                           Coordinate water quality monitoring efforts at the Apalachicola Bay Aquatic
                           Preserve with, those efforts being conducted through the Surface Water
                           Improvement and Management Program and the Department of
                           Environmental Regulation's ambient monitoring program.

                           Task 5-5:
                           Monitor traditional uses within the aquatic preserve including commercial and
                           recreational fishing, boating, and beach-going to define extent of use and
                           foresee any potential problems.

                           Task 5-6:
                           Annually prepare a report describing the state of the environment of the
                           aquatic preserve. This report should discuss the findings of the resource
                           monitoring program; most recent water quality data and any trends in water
                           quality; any changes in resource community boundaries; status of
                           designated species within the aquatic preserve; permit applications within the
                           preserve; land development trends on adjacent             uplands; and any
                           enforcement actions necessary.

                    Resource Management Obiective 6:
                    Focus on the impacts of resource utilization from a cumulative perspective as well
                    as from the impacts of individual actions.

                           Task 6-1:
                           Through use of tools such as the local comprehensive plans, zoning maps,
                           and development permits assess all proposed development actions both
                           from the perspective of the individual action and from a cumulative impact
                           perspective.

                           Task 6-2:
                           To inventory the present and potential future effects of human activities on
                           the natural resources of the preserve. Specific activities to focus upon
                           include cumulative effects of septic systems; effects of stormwater runoff
                           from urban and forestry sources; and, effects of commercial fishing activities.

                           Task 6-3:
                           To consider the use of mitigative actions in association with any
                           development activity that will degrade the natural resources of the aquatic
                           preserve.

                    Resource Management Obffiective 7:
                    To implement those on-site management actions determined as necessary to
                    maintain resource values of Apalachicola Bay Aquatic Preserve for future
                    generations.

                                                             118

                           Task 7-1:
                           As necessary, prepare and implement plans to restore disturbed sites within
                           the aquatic preserve.

                           Task 7-2:
                           As necessary, develop and implement specific programs to remove or
                           eradicate undesired exotic animal and plant species.

                     RESOURCE PROTECTION PROGRAM

                     The role of aquatic preserves in resource protection includes direct enforcement of
                     state laws and rules; coordinating with other enforcement staff in the Division of
                     State Lands and other divisions and agencies having enforcement authority; and,
                     reviewing and commenting on permits. In regard to direct enforcement, the Bureau
                     of Submerged Lands and Preserves has regional staff to deal with enforcement
                     issues concerning aquatic preserves. If these staff are unavailable, the option of
                     using Marine Patrol staff also exists. Any prosecution actions will be handled by
                     DNR legal staff. On-site staff are intended to only serve as technical support on
                     enforcement issues. Violations of Chapter 18-20, F.A.C. are violations of civil law
                     and as such are subject to all civil penalty limitations.

                     In serving as technical support, staff is expected to evaluate development proposals
                     in aquatic preserves in regard to adverse impacts on natural and cultural resources
                     and consistency with established laws and rules; conduct field assessments and
                     prepare comments and recommendations to appropriate agencies; maintain good
                     communication with local, regional, state, and federal environmental regulatory
                     agencies; and, notify appropriate authorities of violations and illegal activities.

                     Other agencies with enforcement authority which can be used to protect the natural
                     resources of an aquatic preserve include the Department of Environmental
                     Regulation, the Game and Fresh Water Fish Commission, and local law
                     enforcement officers.

                     Resource Protection Goal
                     To ensure compliance with all laws, rules, ordinances, and permit conditions
                     relating to the protection of natural resources.

                     Resource Protection Obeective 1:
                     To assure timely response to all violations of federal, state, and local laws, rules,
                     ordinances, and permit conditions in the Apalachicola Bay Aquatic Preserve.

                                                             119

                           Task 1-1:
                           To develop an understanding of which agencies have enforcement authority
                           in the aquatic preserve area for natural resource related issues and develop
                           a network of communication and coordination among these agencies.

                           Task 1-2:
                           To establish a scheduled program in coordination with other agencies with
                           enforcement authority to systematically monitor the aquatic preserve for
                           resource-oriented violations which could potentially impact the natural
                           resources of the aquatic preserve. Any violations spotted in this effort
                           should be immediately reported to the appropriate enforcement entities.

                           Task 1-3:
                           To regularly monitor all permitted actions within the aquatic preserve during
                           their construction phase to assure compliance with permit conditions. Once
                           construction is completed, a letter shall be sent to the permitting entity
                           stating that the project was completed and whether it is in compliance with
                           the agreed upon permit conditions.

                           Task 1-4:
                           Provide technical support to federal, state, or local enforcement      entities
                           involved in resource-oriented enforcement actions within the          aquatic
                           preserve.

                   Resource Protection Obeective 2:
                   Minimize potential damage to aquatic resources through the     review of applications
                   for use of state-owned land in the aquatic preserve.

                           Task 2-1:
                           Develop a standardized method to inventory submerged vegetation,
                           emergent vegetation, and other biological resources at a project site.

                           Task 2-2:
                           Coordinate with the regional DNR planner in order to process field staff
                           comments in a timely manner.

                   RESEARCH AND MONITORING PROGRAM

                   Marine research conducted within the DNR is normally the responsibility of the
                   Division of Marine Resources. Nevertheless, because ofthe nature and purpose
                   of aquatic preserves, some management related research projects should also be
                   associated with this program. The two key components of a research program are
                   research and monitoring. Research is the systematic collection and analysis of
                   experimental and/or field observations that produce knowledge. And, monitoring

                                                            120

                     is the systematic sampling and measurement over time of variables which describe
                     the abundance and distribution of biological resources, the distribution and
                     concentrations of physical, geological or chemical properties, or the location and
                     rates of significant processes.

                     Research and monitoring conducted through the Aquatic Preserve Program shall
                     focus on management solutions specific to a site or to the program in general. The
                     overall program's involvement with research can vary from actually conducting a
                     research project to providing in-kind support to certain research projects to
                     contracting an outside entity to do necessary research. The role and emphasis of
                     a specific preserve in research and monitoring is contingent on the classification of
                     the preserve. Preserves established for either biological or scientific purposes
                     should emphasize research and monitoring activities more than do preserves
                     designated for aesthetic purposes. As noted earlier, Apalachicola Bay Aquatic
                     Preserve was established for biological/scientific purposes. Research conducted
                     within aquatic preserves must be compatible with protection of natural resources
                     and receive the clearance of aquatic preserve field staff and the central office staff.

                     Research and monitoring associated with an aquatic preserve will emphasize either
                     providing a better understanding of the functioning and interrelationships of the
                     preserve's natural systems; monitoring the status of the preserve over time; or,
                     providing information to allow for the wise use and management of the preserve.

                     Staff of each preserve will keep close   coordination with all research projects and
                     monitoring activities ongoing within the preserve, as well as outside research
                     conducted by universities, by the Division of Marine Resources, or by independent
                     research entities whose work is pertinent to the management of the preserve.
                     Efforts will also be taken by the Central Office to assure that research funding for
                     aquatic preserves under state programs such as Sea Grant and the Surface Water
                     Improvement and Management Act are consistent with previously identified and
                     approved research needs for the preserve. The entities currently involved in
                     environmental monitoring in the Apalachicola Bay Aquatic Preserve are the Florida
                     Department of Environmental Regulation (DER), the Department of Natural
                     Resources, the Apalachicola National Estuarine Research Reserve, the Northwest
                     Florida Water Management District, and work conducted through the Biology
                     Department at Florida State University.

                     The Apalachicola Bay Aquatic Preserve is located within the Apalachicola Bay
                     National Estuarine Research Reserve. This Reserve is operated by both the
                     National Oceanic and Atmospheric Administration and the Florida DNR. The
                     research programs at the Estuarine Research Reserve and-the aquatic preserve will
                     be closely coordinated. Apalachicola Bay is also located within 20 miles of Florida
                     State University's Turkey Point Marine Institute.

                                                              121

                    Research and Monitoring Goal

                    To have the necessary research and monitoring activities conducted so that the
                    ecological functioning of the preserve is understood, so the preserve can be
                    managed and used in an ecologically sound and wise manner, and so that the
                    preserve can be maintained in its natural condition for future generations.

                    Research Obnective 1:
                    Promote the scientific investigations and monitoring activities necessary in
                    Apalachicola Bay to understand the status and basic functioning of the bay,
                    enhance the management of its natural resources, and guide the wise management
                    and utilization of those resources.

                           Task 1-1:
                           Establish and maintain communication and coordination links between the
                           aquatic preserve staff and existing research and monitoring entities including
                           Florida State University, DNR's Marine Resources Laboratory, and the
                           Flori da Department of Environmental Regulation.

                           Task 1-2:
                           In coordination with the scientific community, establish a prioritized list of
                           research and monitoring needs for the aquatic preserve. This list should be
                           updated at a minimum of every two years.

                           Task 1-3:
                           By offering assistance either through logistical support or funding (as
                           available) encourage the conducting of priority research projects.

                           Task 1-4:
                           As available funds and    staff time and expertise permit, conduct priority
                           research and monitoring    activities.

                           Task 1-5:
                           Coordinate with the Apalachicola National Estuarine Research Reserve, the
                           Department of Environmental Regulation, and the Department of Health and
                           Rehabilitative Services to design and implement a research and monitoring
                           program to detect pollutants entering the Bay from onsite sewage disposal
                           systems on St. George Island.

                    Research Obwective 2:
                    Staff should be knowledgeable about the ecological functioning of the bay by
                    obtaining a basic understanding of all past and ongoing research projects and
                    monitoring activities done within Apalachicola Bay Aquatic Preserve or in other
                    areas whose results are applicable to the management and protection of the
                    preserve.

                                                             122

                           Task 2-1:
                           To obtain and serve as a repository for all past monitoring data collected
                           within the aquatic preserve. The existing monitoring programs should be
                           assessed in regard to parameters monitored, sampling methods, sampling
                           frequency, and station location in coordination with the scientific community
                           to assure that they accurately portrays the environmental climate of the
                           preserve. If necessary, means of modifying or expanding the existing
                           monitoring program should be examined.

                           Task 2-2:
                           To obtain, review, and serve as a repository for all existing scientific
                           literature, government reports, historical accounts, and available maps and
                           photos of the aquatic preserve.

                           Task 2-3:
                           To regularly review the scientific literature relevant to the ecological
                           functioning, protection, and management of the aquatic preserve.

                           Task 2-4:
                           To establish a library containing information on plant and animal species and
                           communities found with the aquatic preserve.

                    Research Ob'ective 3:
                    To conduct and maintain through regular monitoring a resource inventory of
                    submerged vegetation, emergent vegetation, oyster bar location, designated
                    species and their habitats, birds and their habitats, and other important resource
                    features.

                           Task 3-1:
                           Conduct initial inventories using existing literature, information, current
                           research studies, and any other tools which are necessary..

                           Task 3-2:
                           As part of the everyday operations of the preserve, monitor the presence of
                           designated species, wading birds, and other important biota.

                           Task 3-3:
                           Once every two years re-visit the inventory and update as appropriate.

                    Research Obiective 4:
                    To.coordinate the use of research findings into both management decisions and
                    resource education programs.

                                                             123

                          Task 4-1:
                          Staff should serve as a link between historical and ongoing research and
                          monitoring activities in the preserve and current resource management and
                          use decisions. Staff should make key scientific information available to
                          decision-makers.

                          Task 4-2:
                          Staff should serve as a link between historical and ongoing research and
                          monitoring activities in the preserve and resource education programs.
                          Materials used in resource education programs relating to the preserve
                          should be reviewed by staff for accuracy and updated periodically to reflect
                          current research findings.

                   ENVIRONMENTAL EDUCATION ZI N FORMATION PROGRAM

                   The role of the Aquatic Preserve Program in environmental education is mainly to
                   coordinate and augment existing programs conducted out of the local school
                   system(s), the Florida Department of Education, or other state agencies. Education
                   programs are conducted at aquatic preserves in an effort to meet the overall
                   program goal of maintaining aquatic preserves at their current level of
                   environmental quality for future generations. The target population of education
                   programs at Apalachicola Bay Aquatic Preserve includes nearby upland landowners
                   and developers, commercial and recreational resource users, students at all grade
                   levels, organized groups, and local, regional, and state government agencies.

                   The involvement of aquatic preserve staff in public education will focus on the
                   development of both programs in the school system and to the public at large.
                   Specific areas of involvement may include developing informational pamphlets,
                   brochures, or booklets; conducting interpretive tours; conducting lectures or
                   classes; development of public service announcements for television and radio;
                   and, development of video programs and other teaching aids that can be used by
                   public school systems in their daily instruction to students.

                   Environmental Education /information Goal:

                   To educate people so that they will use the environment in ways that preserve it,
                   consider environmental issues when planning and making decisions which could,
                   affect the environment, and take part in decisions affecting nearby natural
                   resources. In general, the intent of aquatic preserve education programs is to
                   make the public informed and responsible users of natural resources.

                   Education Obiective 1:
                   To provide assistance to environmentally oriented education programs at public and
                   private schools at all grade levels from kindergarten through university classes.

                                                           124

                            Task 1 -1:
                            In coordination with staff of the Apalachicola National Estuarine Research
                            Reserve prepare classroom units relating to the natural resources of
                            Apalachicola Bay.

                            Task 1-2:
                            To periodically lead or assist in classroom field trips into the aquatic
                            preserve.

                            Task 1-3:
                            To develop a specimen collection of species commonly found in the
                            preserve to be used by public and private schools in their environmental
                            education programs.

                            Task 1-4:
                            In coordination with staff of the Apalachicola National Estuarine Research
                            Reserve participate in programs designed to educate environmental
                            education instructors.

                            Task 1-5:
                            In coordination with the National Estuarine Research Reserve develop a
                            reference library of material relevant to the natural resources of Apalachicola
                            Bay and make the contents available for loan to educators.

                     Education Obffiective 2:
                     To provide and/or assist in environmental education programs to the community
                     at large.

                            Task 2-1:
                            To conduct or assist in semin    ars, forums, or classes for public discussion
                            of relevant resource management, utilization, and regulation issues.
                            Seminars should involve both commercial and recreational resource users
                            and should seek to involve resource users.

                            Task 2-2:
                            Develop brochures, pamphlets, and/or booklets in coordination with staff of
                            the Apalachicola National Estuarine Research Reserve for public
                            dissemination which describes both the purpose of and activities conducted
                            at the aquatic preserve and the general functioning of the preserve's
                            ecosystem.

                            Task 2-3:
                            Develop a network of signs to be placed at strategic access points to the
                            aquatic preserve designed to educate the general public about ecological

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                           functioning of Apalachicola Bay, the role of the general public in conserving
                           natural resources, and aquatic preserve program.

                           Task 2-4:
                           Periodically prepare newspaper articles or radio announcements designed
                           to educate the general public about the ecological functioning of the
                           preserve and/or topical resource management, utilization, and regulation
                           issues. Through this vehicle the findings of recent research efforts should
                           be disseminated to the public at large.

                           Task 2-5:
                           Provide reference material to nearby public libraries regarding the
                           description, management, and utilization of the natural resources of the
                           aquatic preserve. Efforts should be made to encourage public libraries to
                           have a special section relating to local natural resources.

                           Task 2-6:
                           To conduct and/or sponsor cultural events including art and photography
                           exhibitions, storytelling sessions, and musical events -relating to the
                           management and protection of natural resources.

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                                                       CHAPTER Vill

                                      MANAGEMENT COORDINATION NETWORK

                     This chapter provides an overview of the federal, state, regional, and local agencies
                     that have jurisdiction or hold interest in the management of the Apalachicola Bay
                     Aquatic Preserve. Much of the authority necessary to protect and manage the
                     natural resources within and adjacent to the Apalachicola Bay Aquatic Preserve
                     exists outside the Bureau of Submerged Lands and Aquatic Preserves. Therefore,
                     the Preserve's management action plan (Chapter 7) includes several objectives and
                     tasks that direct staff to coordinate with entities which have the necessary
                     jurisdiction. Resource Management Objective 2 provides that the Aquatic Preserve
                     staff should "establish and maintain close communication and coordination with all
                     federal, state, regional, and local governmental agencies which have authority in
                     natural resource management decisions that can impact the Apalachicola Bay
                     Aquatic Preserve." Resource Management Objective 3 further provides that staff
                     "be actively involved in all resource management decisions which can potentially
                     impact the natural resources of Apalachicola Bay Aquatic Preserve."               And,
                     Resource Protection Objective 1 provides that staff should "assure that all violations
                     of federal, state, and local laws, rules, ordinances, and permit conditions in the
                     Apalachicola Bay Aquatic Preserve are responded to in a timely manner."

                     FEDERAL AGENCIES

                     Many federal agencies have property interests, land and wildlife management
                     programs, research activities, construction activities, and regulatory programs
                     existing Or potentially existing within the Apalachicola Bay Aquatic Preserve. Listed
                     below are the major federal agencies and their program involvement within the
                     Preserve.

                            U.S. Fish and Wildlife Service

                     The U.S. Fish and Wildlife Service (USFWS) administers three programs which
                     directly affect the Apalachicola Bay Aquatic Preserve. The Division of Ecological
                     Services, headquartered in Panama City, reviews dredge and fill requests and other
                     federal level permitting under the Fish and Wildlife Coordination Act.

                     The USFWS is also charged with the protection and          recovery of endangered
                     species and bird rookeries. Field personnel could be-come involved in using
                     available recovery techniques. Their Office of Biological Services contracted to have
                     a profile of the estuary published (Livingston, 1984) and are conducting field studies
                     on sturgeon and striped bass in the system. They are currently pursuing the

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                    construction of an anadromous fish hatchery on the Apalachicola River and have
                    prepared a natural resources inventory for the ACF basin under contract to the
                    Corps (Barkuloo et al., 1987). The USFWS also manages St. Vincent National
                    Wildlife Refuge, a 12,358 acre barrier island adjacent to the preserve.

                    Under a provision in the Fish and Wildlife Coordination Act, the USFWS must be
                    consulted before the Corps of Engineers can submit a plan for congressional
                    approval which relates to water diversion, channel deepening, or modifications to
                    streams or other bodies of water.

                           U.S. Army Corps of Engineers

                    The U.S. Army Corps of Engineers (COE) regulates. activities in waters and
                    wetlands under four separate, but related laws and their subsequent amendments:
                    Rivers and Harbors Act of 1899, Federal Water Pollution Act of 1972, Clean Water
                    Act of 1977, and Marine Protection, Research, and Sanctuaries Act of 1972.

                    The COE's major responsibilities which relate to the Apalachicola Bay Aquatic
                    Preserve are the maintenance of authorized navigation channels, pollution
                    abatement, maintenance of water quality, and enhancement of fish and wildlife. The
                    COE also provides technical guidance and planning assistance for development of
                    the nation's water resources. Under Section 404 of the Federal Water Pollution
                    Control Acts Amendments of 1972, the COE has regulatory authority over dredge
                    and fill activities in coastal wetlands.

                    The COE has authority over maintenance of six navigation channels within or in
                    close proximity to the Apalachicola Bay Aquatic Preserve: the Apalachicola-
                    Chattahoochee- Flint waterway, the Gulf-Intracoastal Waterway, Sikes Cut, Two Mile
                    Channel, East Point Channel and Breakwater, and the Scipio Creek channel and
                    boat basin. In conjunction with maintaining the navigation channels the COE has
                    conducted or financed a number of studies to determine the effects of these
                    projects on the aquatic -ecosystem including WAR (1975), Taylor (1978), USGS
                    (1984), COE (1985), Raney et al. (1985), Isphording (1985), CSA (1985), and
                    Barkuloo, et al. (1987).

                    In December, 1982 a Memorandum of Understanding (MOU) between DNR, DER
                    and the COE was executed. The MOU established a process whereby the
                    proprietary concerns of the Trustees, stated in Chapter 253, F.S., is integrated into
                    the DER/COE joint permitting process.

                    The COE has also served as a member of Interstate Coordinating Committee for
                    management of water resources in the Apalachicola'-Chafta hoochee-Flint basin and
                    was involved in an effort to develop a basin-wide water management strategy for
                    the basin. The Corps has recently submitted a conceptual plan to members of
                    congress to get funding to continue this effort.

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                            U.S. Geological Survey

                     The U.S. Geological Survey (USGS) of the Department of the Interior has the
                     responsibility to perform surveys, investigations, research pertaining to topography,
                     geology, and mineral and water resources, and to collect and publish water
                     resources data. The USGS conducted a four year study on the Apalachicola River
                     system which has provided valuable insight into the interrelationship between the
                     river and estuary (Mattraw and Elder, 1984; Elder, 1986).

                     The USGS operate several streamflow gaging stations in the ACF basin also collect
                     water quality data at several stations in the basin.

                            U.S. Environmental Protection Aciency

                     The U.S. Environmental Protection Agency (EPA) is responsible for the control and
                     abatement of six types of pollution: air, water, noise, solid waste, toxic waste, and
                     radiation. The DER is the state agency responsible for pollution control in Florida
                     in lieu of a federal program. In the Apalachicola basin the EPA was involved in the
                     Nation's largest land restoration- project to date. The original hydrology was
                     restored to approximately 8,500 acres in the lower Apalachicola River floodplain
                     which had been damaged by converting floodplain into agricultural land.

                            United States Coast Guard

                     The Coast Guard is charged with the protection of the Nation's coastline. In the
                     preserve, the Coast Guard is involved in the regulation of boating safety, search
                     and rescue, and the surveillance of narcotics contraband. Additionally, the Coast
                     Guard regulates the construction of structures, such as bridges, causeways, and
                     aerial utilities, which may pose navigation hazards, and oversees safety issues
                     associated with commercial navigation.

                            National Oceanic and Atmospheric Administration

                     The National Oceanic and Atmospheric Administration (NOAA), Office of Coastal
                     and Resource Management, administers the National Estuarine Research Reserve
                     Program which includes the Apalachicola Bay National Estuarine Research Reserve
                     (see discussion under Department of Natural Resources). Management, research,
                     and education activities within the aquatic preserve will be conducted in conjunction
                     with ANERR.

                     NOAA's Office of Oceanography and Marine Assessm           ent, Ocean Assessment
                     Division (OAD) conducts research, assessment, and monitoring activities on
                     environmental quality issues in estuaries. Through its National Status and Trends
                     Program, OAD is conducting a nationwide monitoring program to assess chemical
                     contamination in estuaries throughout the country. Through its National Coastal

                                                             129

                     Pollutant Discharge Inventory, OAD determines the sources and analyzes the
                     quality of discharged pollutants in estuaries. OAD also has a National Estuarine
                     Inventory which characterizes the physical and hydrological features of the Nation's
                     estuaries and coastal areas.       NOAA also operates the weather station in
                     Apalachicola, Florida and collects tidal data from stations within or near the
                     preserve.

                            National Marine Fisheries Service

                     The National Marine Fisheries (NMFS), U.S. Department of Commerce records
                     commercial fish landings, enforces national fishery laws, and protects vital fishery
                     habitats. The Environmental Assessment Branch of NMFS comments on permit
                     applications, at the federal level, which may adversely impact fishery habitats.
                     NMFS also has enforcement officers checking for illegal fishing activity.

                     STATE AGENCIES

                     Many state agencies have property interests, land and wildlife management
                     programs, research activities, regulatory authority and construction activities within
                     the Apalachicola Bay Aquatic Preserve. The interactions of these program with the
                     management of the Apalachicola Bay Aquatic Preserve is outlined below:.

                           Department of Natural Resources

                     The Division of Marine Resources has several programs relevant to aquatic
                     preserves. The Marine Research Laboratory in St. Petersburg has several projects
                     including resource protection area mapping, a survey of the status of oyster bars,
                     and fishery habitat utilization studies which generate valuable resource management
                     information.

                     The Division of Marine Resources also administers a permitting program for the
                     collection of certain marine species and the use of certain chemicals. The Bureau
                     of State Lands and Aquatic Preserves receives notification of issuance of permits
                     within aquatic preserves.

                     The Division of Marine Resources' Shellfish Environmental Assessment. Section
                     (SEAS) is responsible for the classification and management of shellfish harvesting
                     areas. A SEAS field support office and the laboratory support facility are located
                     in Apalachicola. SEAS performs four primary tasks: conducting shoreline surveys
                     to locate and evaluate potential pollution sources; establishing and monitoring water
                     quality monitoring stations; red tide monitoring; and, managing shellfish harvesting
                     areas for the purpose of protecting public health. Several drogue and dye studies
                     have been conducted by DNR in Apalachicola Bay with the assistance of the U.S.
                     Food and Drug Administration. Through the Shellfish Laboratory the DNR also

                                                              130

                     operates a program to construct and rehabilitate oyster reefs. Through this
                     program the DNR has employed the Franklin County Seafood Workers Association
                     to assist in informing the local industry of the project, in selecting relay and harvest
                     areas, and to be responsible for paying project participants.

                     The Apalachicola National Estuarine Research Reserve (ANERR), which is under
                     the Division of Marine Resources, is the governmental entity in which aquatic
                     preserve staff interact the most frequently.          ANERR's office is located in
                     Apalachicola and its staff is actively involved in resource management, research
                     and monitoring, and environmental education. Many of the tasks listed as part of
                     the program of operating the Apalachicola Bay Aquatic Preserve in Chapter 8 are
                     already being conducted by ANERR.

                     The Division of Law Enforcement's Marine Patrol, District 2 has a detachment
                     located in Carrabelle, Florida. The detachment includes 22 people. The Marine
                     Patrol regulates and enforces safe boating laws and enforces all commercial and
                     recreational fishing laws.-

                     The Division of State Lands, in addition to the work related to aquatic preserves,
                     is charged with overseeing uses, sales, leases, or transfers of all state-o wned lands.
                     The aquatic preserve staff interact with other staff of State Lands in all transactions
                     concerning submerged lands within the preserve including education, research, and
                     acquisition of privately titled submerged lands or contiguous uplands important to
                     the integrity of the preserve.

                     The Division of Resource Management is responsible for the management of
                     aquatic plants, mineral resources, oil and gas exploration, and geologic studies.
                     It also supervises state Navigation Districts and Canal Authority.

                     The Division of Beaches and Shores is responsible for managing erosion control,
                     hurricane protection, coastal flood control, shoreline and offshore rehabilitation the
                     regulation of work and activities likely to affect the physical condition of the beach
                     and shore, and in the preparation of beach restoration management plans.

                     The Division of Recreation and Parks oversees operations at the Cape St. George
                     State Reserve, and St. George Island State Park.

                            Marine Fisheries Commission

                     The Marine Fisheries Commission (MFC) has been delegated rule making authority
                     with respect t.o marine life, and regulates the harvesting    of all marine life (except
                     designated species), subject to final approval by the Governor and Cabinet. Their
                     authority covers gear specifications, prohibited gear, bag limits, size limits, species
                     that may not be sold,' protected species, closed areas, quality control codes,
                     harvesting seasons, special considerations related to egg-bearing females, and

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                    oyster and clam relaying. The MFC is required to make annual recommendations
                    to the Governor and Cabinet regarding marine fisheries research priorities, which
                    can in turn directly influence research efforts and priorities at the preserve.

                            Florida Game and Fresh Water Fish Commission

                    The Florida Game and Fresh Water Fish Commission (FGFWFC) has several
                    programs directly related to resource management at the Preserve. The Office of
                    Environmental Services reviews projects which may affect local fish and wildlife
                    habitat. They have developed an inventory of terrestrial and aquatic habitats in the
                    basin under a grant from the Florida Office of Coastal Management (Edmiston and
                    Tuck, 1987) and conducted a long-term fisheries ecology study on the Apalachicola
                    River (Ager et al., 1987). They are also lead management agency for the Lower
                    Apalachicola River Environmentally Endangered Lands tract. FGFWFC is the state
                    coordinator of the Non-Game Wildlife and Endangered Species Program in Florida.
                    The Division of Wildlife is also responsible for designating Critical Wildlife
                    Management Areas to protect designated species. And, the FGFWFC has law
                    enforcement officers working in the area.

                           .Department of Environmental Regulation

                    The Department of Environmental Regulation (DER) has a broad range of
                    responsibilities and receives it's authority from State Law and from- delegation from
                    the EPA. Generally, the DER responsibilities include water management, water
                    quality, potable water, air quality, coastal management, wetland protection, power
                    plant siting, and hazardous and solid wastes.

                    These responsibilities are accomplished through the following regulatory
                    mechanisms: (1) establishment of state standards designed to protect natural
                    systems and prevent harmful pollutants from entering these systems; (2) application
                    of these standards through the permitting of potential sources of pollution and
                    monitoring discharges for compliance; and (3) initiation of enforcement action for
                    non-compliance with these standards.

                    The DER's rules significant to the aquatic preserve management program are
                    Chapters 17-4, 17-301, 17-302, and 17-312, F.A.C. Authority for these rules is
                    based in Chapter 403, F.S. Chapters 17-301 and 17-302, F.A.C., addresses water
                    quality standards with the most stringent category being "Outstanding Florida
                    Water". As an aquatic preserve, Apalachicola Bay was automatically designated an
                    Outstanding Florida Water. Through this designation, ambient conditions become
                    the water quality standard for the preserve, thereby providing a legal means of
                    preventing any degradation to the preserve's water quality. Chapter 17-4, F.A.C.,
                    addresses permit requirements and Chapter 17-312, F.A.C., covers dredge and fill
                    activities.

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                    The DER Office of Coastal Management is charged with coordinating activities
                    related to coastal -management and reviewing federal actions for consistency with
                    the State Coastal Management Program. The Office of Coastal Management also
                    awards grants for research and management planning.           Through this grant
                    program several studies, resource documents, and management programs have
                    been developed for the preserve area including: a dredge material disposal plan
                    (Leitman et al., 1986); a resource inventory (Edmiston and Tuck, 1987); an
                    assessment of the impacts of Sikes Cut on the ecology of the estuary; the
                    monitoring of bottom sediments as part of a state-wide program; and, funds to
                    develop several land use ordinances including a county storm-water management
                    program.

                           Department of Community Affairs

                    The Department of Community Affairs (DCA) is responsible for coordinating
                    Developments of Regional Impact (DR[), designating Areas of Critical State Concern
                    (ACSC), and overseeing the local planning process.

                    DRI's are major developments that may affect more than one county and require
                    regional review from neighboring local governments, the regional planning council,
                    and state agencies. A residential and proposed commercial development on the
                    western portion of St. George Island was designated a DRI in 1977. Specific plans
                    '
                    for the commercial area have not been approved by the county or state. A second
                    DRI, Greenpoint, was sited east of Eastpoint, several miles from the boundary of
                    the aquatic preserve.

                    The ACSC program is intended to protect areas of the state where land
                    development has, or   may potentially endanger natural resources. Through the
                    Apalachicola Bay Protection Act of 1985 the entire area surrounding the aquatic
                    preserve was designated an ACSC. After this area was designated, a Resource
                    Planning and Management Committee (RPMC) was established. The RPMC
                    evaluates the resources and the local government's land use practices, and makes
                    recommendations to local governments on how to improve land use practices to
                    ensure orderly, well planned growth that will Protect critical resources. Under
                    ACSC designation local governments are required to notify DCA of any application
                    for development permits, and the entire land development process requires state
                    intervention and approval.

                    The DCA also oversees the development of Local Government Comprehensive
                    Plans for counties and municipalities. Local governments are required to adopt
                    land development regulations which are consistent -with the adopted local
                    comprehensive plan within one year after submission of their plan for review and
                    approval by the DCA.

                                                            133

                           Department of Agriculture and Consumer Services

                    The Department of Agriculture and Consumer Services (DACS) is responsible for
                    regulating pesticide usage, overseeing forestry operations, and overseeing
                    designated plant species. DACS oversees forestry operations in the Apalachicola
                    River valley and Tate's Hell Swamp to assure that operations are consistent with
                    Best Management Practices and is involved in the management of the Lower
                    Apalachicola Environmentally Endangered Lands tract.

                           Department of Transportation

                    The Department of Transportation (DOT) is responsible for the planning and
                    construction of State Roads in Franklin County. The DOT also updates a state-wide
                    aerial photographic survey every four years.

                           Degartment of State

                    The Department of State, Division of Historical Resources (DHR) has responsibility
                    for protecting archaeological and historical sites. This includes cultural resources
                    located on state-owned sovereignty submerged lands.

                           Department of Health and Rehabilitative Services

                    The Department of,Health and Rehabilitative Services (HRS) administers septic tank
                    and mosquito control programs at a state level.             Proper installation and
                    maintenance of septic tank systems in the watersheds of the preserve is essential
                    to the protection of estuarine water quality, especially in an estuary where oysters
                    are harvested.

                    Although mosquito control serves a useful public function, the effects of pesticides
                    in the waters of the preserve can be a primary concern. DNR staff are involved in
                    the management programs developed by the Florida Coordinating Council on
                    Mosquito Control, and subsequent policy recommendations resulting from this
                    group will be evaluated for their potential effects on the aquatic preserve.

                           Office of Planninci and Budgetina

                    The Office of Planning and Budgeting in the Executive Office of the Governor is
                    responsible for administering project reviews applicable to Florida's Coastal
                    Management Program and the Federal consistency program in conjunction with
                    DER. This process incorporates all projects in the state that involve federal
                    permitting, federal assistance, or direct federal activity. Each project must undergo
                    this additional review to determine if the project is consistent with the established
                    programs, policies, and rules of the State.

                                                             134

                            Florida Sea Grant

                     Florida Sea Grant is a State University System program with administrative offices
                     at the University of Florida. By using seminars, workshops, demonstrations,
                     publications, and personal contacts, Marine Extension Agents working for Sea
                     Grant inform the public of current issues of the sea and coast. The Sea Grant
                     program is actively involved in Apalachicola Bay and has sponsored research
                     (Blake and Roderick 1984; Conner et al., 1982; Graham et al., 1978; Livingston
                     1974; 1978, Livingston et al., 1975; 1976), an oyster management seminar (Andree,
                     1983), and a resource atlas for the estuary (Livingston, 1983). These and other
                     Sea Grant publications are used in education programs within the preserve.

                     REGIONAL AGENCIES

                     In addition to state and federal agencies, two regional agencies have a major role
                     in the use and management of the preserve: The Northwest Florida Water
                     Management District and the Apalachee Regional Planning Council.

                            Northwest Florida Water Management District

                     The Northwest Florida Water Management District (NWFWMD) administers
                     permitting programs for consumptive water use, management and storage of
                     surface water well drilling and operation, regulation of artificial recharge facilities,
                     and works of the district. This includes withdrawal of water from rivers, streams,
                     and wells. The types of water uses permitted by the NWFWMD which could affect
                     the Apalachicola Bay Aquatic Preserve include irrigation and public water supply.

                     The water management district is also involved in various studies on water supply
                     and management that may be of use to the preserve. Under the Surface Water
                     Improvement and Management (SWIM) program they are currently initiating a study
                     effort to define the freshwater needs of the Apalachicola estuary. The NWFWMD
                     also sits on the Technical Advisory Committee for the Interstate Coordinating
                     Committee for management of the ACIF system.

                     Through the Save Our Rivers program the NWFWMD is also involved in acquiring
                     and managing lands. Through this program 35,000 acres of the floodplain in the
                     middle and lower Apalachicola River have been purchased.

                     In 1987 the Florida Legislature directed water management districts through the
                     SWIM act to develop and implement plans to improve the.water quality and related
                     aspects of the state's surface waters. The Apalachicola River and Bay are the two
                     top priority designated SWIM water bodies under the NWFWMD's program. A
                     SWIM Plan for these water bodies has been approved by the NWFWMD's
                     governing board.

                                                               135

                           Apalachee Rec                   Council
                                           iional Planning

                    The Apalachee Regional Planning Council (ARPC) serves as a regional planning
                    body for the local government of Franklin County. Among its duties, the ARPC :                     I
                    aids local governments with planning expertise; is the regional representative for the
                    DRI review process; serves as a clearinghouse for state and federal projects and
                    programs; conveys information from the local governments to the state and federal
                    levels; assists local governments in getting grant aids; and prepares and
                    administers the Regional Policy Plan.

                    The DRI review of projects which affect the preserve will be reviewed by      *both the
                    central office staff and field personnel. DRI's for marinas, subdivisions adjacent to
                    the preserve, and commercial or industrial developments will be reviewed closely
                    for their potential impact on the preserve.

                    LOCAL GOVERNMENT

                    The Apalachicola Bay Aquatic Preserve is contained entirely within Franklin County,
                    and its northern boundary is adjacent to the city of Apal        achicola.   No other
                    incorporated areas lie adjacent to or within the preserve's boundaries. The key'
                    area of interaction between county and/or municipal government and the
                    Apalachicola Bay Aquatic Preserve is in the area of land use on the adjacent
                    uplands and its associated impacts on and uses of the aquatic resources of the
                    Preserve. To this end, there are two basic areas of concern: local government
                    comprehensive plans and local ordinances and regulations.

                           Local Government Comprehensive Plans

                    Local (municipal and county) governments are required by the Local Government
                    Comprehensive Planning Act of 1975 (Section 163.3161, F.S.), (as amended by
                    Chapter 85-55, Laws of Florida, to the Local Government Comprehensive Planning
                    and Land Development Regulation Act) to develop and adopt comprehensive plans
                    to guide their future development. The plans are to be composed of elements
                    relating to different governmental functions (i.e., housing, physical facilities,
                    conservation, land use, coastal zone protection, etc.). These plans must meet the
                    approval of state agencies and be consistent with minimum standards set in
                    Chapter 9J-5, F.A.C.

                    The coastal management element of the LGCP, along with the land use and
                    conservation elements, establishes long range plans for, orderly, and balanced
                    development, with particular attention to the identification and protection of
                    environmental resources in the planning area. Conformance with the criteria,
                    policies, and practices of a'local government comprehensive plan is required for all
                    development within the local government jurisdiction.

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                            Local Development Codes

                     The local development and zoning codes (e.g., building codes) provide the major
                     local regulation that defines what an owner can do on a particular parcel of
                     property. The zoning prescribes the allowable uses and the intensity of those uses.
                     Certain land uses and land use intensities adjacent to an aquatic preserve can lead
                     to profound impacts on the resources of the preserve.

                     Within one year after the approval of their Local Government Comprehensive Plan,
                     local governments are required to amend their land development regulations to be
                     consistent with the provisions of the plan.

                     OTHER ORGANIZATIONS

                     This section reviews organizations that have an interest in the Apalachicola Bay
                     Aquatic Preserve, but are non-govern-mental entities. This includes environmental
                     interest groups (i.e., Audubon Society, Sierra Club, Florida Defenders of the
                     Environment, Chipola Basin Protective Group, Friends of the Reserve, and Native
                     Plant Society), fishing and sport interest groups (i.e., Florida League of Anglers,
                     Organized Fishermen of Floridai S.E. Fisheries Association, Franklin County
                     Seafood Workers Association), universities that have research activities in the
                     preserve (Florida State University, University of Florida, University of South Florida),
                     recreational groups (Apalachee Canoe Club) and other interest groups or
                     individuals.

                     In the past, some of these groups have made substantive contributions to the
                     management and protection of the preserve. The Florida Defenders of the
                     Environment sponsored a conference which provided the first compilation of
                     research in the basin in 1976 (Livingston and Joyce, 1977) and currently has a staff
                     position dedicated solely to management and protection of the river and bay
                     system. The Departments of Oceanography, Geology and Biological Sciences,
                     Florida State University have had numerable theses and dissertations devoted
                     towards better understanding the ecology and physical morphology of the estuary,
                     as well the biology of individual species which inhabit the estuary. Significant
                     research has also been conducted by professors at the University, including the
                     research efforts of Dr. R.J. Livingston, who has been collecting continuous field
                     data since 1972. His research has included comprehensive analyses of the
                     changes in system functions over space and time, populations and community
                     response, sources of energy flows, and trophic interrelation-ships. Livingston
                     (1984) provides the most recent synthesis of this work. -He was also instrumental
                     in organizing the 1976 conference discussed above, and has been closely involved
                     with decision-makers in Franklin County in an effort to integrate his research
                     findings into county land use decisions.

                                                               137

                     Effective management of the preserve will be enhanced by continued support from
                     organized groups, associations, and individuals. Citizen support organizations are
                     particularly valuable through the provision of technical, non-technical, and financial
                     assistance. The relationship of non-govern-mental entities to the preserve will
                     include the coordination of activities such as scientific research, environmental
                     education, and other activities relating to the protection, management or improved
                     understanding of the preserve.

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                                                         CHAPTER IX

                                               STAFFING AND FISCAL NEEDS

                     Historically, the Aquatic Preserve Program has been largely dependent on federal
                     coastal zone grant funds for its operation, and as a result, the funding of both field
                     positions and central office positions has been limited.

                     In order for the Apalachicola Bay Aquatic Preserve to be managed in accordance
                     with goals, objectives, and tasks set forth in this plan, adequate funding, staffing,
                     and equipment are essential. Currently there is no legislative funding for staffing
                     at the Apalachicola Bay Aquatic Preserve. Instead, management is conducted on
                     a part-time basis by the manager of the Alligator Harbor Aquatic Preserve and
                     permitting is handled by District staff in Pensacola. Many of the tasks discussed
                     in the management action program for the Apalachicola Bay Aquatic Preserve,
                     however, are already being conducted by staff           of the Apalachicola National
                     Estuarine Research Reserve.

                     Because of the overlapping focus of the Research Reserve and aquatic preserve
                     programs, it is anticipated that the above program can be implemented with part-
                     time assistance from staff at the St. Joseph Bay and/or Alligator Harbor Aquatic
                     Preserves and/or by sharing a staff position with the Research Reserve. This time
                     estimate does not include staff-time by DNR and other state agency employees
                     involved intermittently in the various tasks necessary to manage and conserve the
                     natural resources of the aquatic preserve.               An annual review of the
                     accomplishments of the program relative to the tasks listed in Chapter VII will help
                     to determine if the initial staffing estimate is adequate to meet the legislative intent
                     of the program.

                     A budget covering projected staff time, equipment, travel, and other expenses for
                     this area is found in Table 5. The budget is required to fulfill the short-range needs
                     of the preserve as described in this management plan, and accomplish the
                     Department of Natural Resources goal of on-site management of all aquatic
                     preserves by 1991, as expressed in the Agency Functional Plan.

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                                                        TABLE 5

                                 ESTIMATED BUDGET FOR FY 1991-1992 FOR THE
                                     APALACHICOLA BAY AQUATIC PRESERVE

                    SALARY                                         FIRST YEAR         SECONDYEAR

                           ES 11 (including benefits)                  $ 12,000          $ 12,365
                           (15 hours per w6ek average)

                           Subtotal                                    $ 12,000           $ 12,365

                    OPERATING CAPITAL OUTLAY

                           Charged to the St. Joseph Bay and Alligator Harbor
                           aquatic preserves.

                    OPERATING EXPENSES

                           Travel, Gas, Phone                          $ 4,500            $ 4,500

                    TOTAL COST                                          $16,500           $ 16,865

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                                                        CHAPTER X

                                 RESOURCE AND ACTIVITY MONITORING PROGRAM

                     To ensure that this management plan is effectively implemented, on-site staffing is
                     imperative. The position of a preserve manager will be necessary in order to
                     institute programs targeted at (1) monitoring the status of natural resources, (2)
                     monitoring usage of the aquatic preserve, and (3) tracking progress and
                     accomplishments that are directed at retaining the original integrity and value of the
                     preserve.

                     RESOURCE MONITORING

                     In managing an aquatic preserve it is important to regularly review whether the
                     efforts of the Aquatic Preserve Program and other federal, state, and local
                     programs to protect the natural resources are meeting their objectives. Therefore,
                     the status of the natural resources in the preserve will be monitored on a regular
                     basis. Features which should be monitored include, but should not be limited to,
                     trends in water and sediment quality (including monitoring point or non-po         'int
                     sources of pollution), areal coverage, location, and health of salt marshes and
                     seagrass communities, recr6ational and commercial harvesting of marine
                     resources, and development trends on adjacent uplands.                 As Resource
                     Management Task 5-5 of the Apalachicola Bay Aquatic Preserve Management
                     Action Plan (Chapter VII) provides, the preserve manager shall annually prepare a
                     report,describing the state of the environment of the aquatic preserve. This report
                     will be the heart of the resource monitoring program. It should discuss the findings
                     of the resource monitori.ng program; most recent water quality data and any trends
                     in water quality; any changes in resource community boundaries; status of
                     designated species within the aquatic preserve; permit applications within the
                     preserve; land development trends on adjacent uplands; and any enforcement
                     actions necessary-

                     To monitor changes in the natural resources, use of a regional geographic
                     information system (GIS) is highly recommended. A GIS is a computer-based
                     system that is used to capture, edit, display, and analyze geographic information.
                     The first GIS programs were developed about 20 years ago to manage large
                     collections of natural resource and environmental information.            Since their
                     development, they have been used in other areas such as utilities mapping,
                     inventory management, and land use planning; however, their most important
                     function continues to be natural resource management. For the Apalachicola Bay
                     Aquatic Preserve, the GIS will be developed and used in coordination with the
                     Apalachicola River and Bay National Estuarine Research Reserve.

                                                              143.

                     Future use of a GIS system at the Apalachicola Bay Aquatic Preserve could include
                     the periodic inventory, compilation, and analysis of temporal and spatial data
                     concerning the present state of the natural resources within the preserve. Historical
                     aerial photography could be computerized for comparison with later data to
                     conduct a temporal analysis of resource abundance. Detailed monitoring of any
                     re-vegetation or restoration efforts could also be computer analyzed. The on-line
                     access to these natural resource data bases will facilitate informed management
                     decisions concerning the use and protection of submerged lands and their
                     resources. Cooperation and file sharing is possible with other agencies handling
                     data with identical or similar systems.

                     ACTIVITY MONITORING

                     As human interaction in and around the aquatic preserve increases, additional
                     pressures are to be expected in the form of recreational and development activities.
                     Monitoring the type of use of activities and their compatibility, their frequency of
                     occurrence, as well as proven and expected detrimental effects on the preserve's
                     natural resources, will provide a foundation to amending the policies of the aquatic
                     preserve to protect its natural resources.

                     ACCOMPLISHMENTS AND PROGRESS MONITORING

                     For this management plan to be effectively  implemented, it is necessary to monitor
                     the accomplishments of the on-site program on a regular basis. Therefore as
                     noted above, staff of the Apalachicola Bay Aquatic Preserve will be required to
                     annually submit a report to the main office and the Franklin County Commission on
                     the state of the natural'environment of the aquatic preserve, what was done in the
                     previous year toward the tasks listed in Chapter VII, and what are needs and
                     directions of the aquatic preserve for the coming year. This report should be
                     closely keyed to the tasks listed in Chapter VII and will serve as the basis for
                     judging the adequacy of staffing and funding estimates listed in Chapter IX.

                     Specific information which should be included in the annual state of the preserve
                     report includes any noted change in acreage or health of seagrasses and salt
                     marshes; numbers of permits applied for, issued, and, denied; whether any
                     exemptions to standards were granted; number of structures built adjacent to the
                     preserve; any changes in water quality within the preserve and whether any
                     violations were uncovered.

                                                             144

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                             Coastal Sedimentology Proceedings of the 1977 Symposium on Nearshore
                             Sedimentation. W.F. Tanner, editor. Florida State University. pp. 35-68.

                      Stout, J. P.  1984. The Ecology of Irregularly Flooded Salt Marshes of the
                             Northeastern Gulf of Mexico: A Community Profile. U.S. Fish and Wildlife
                             Service, Biological Report 85(7.1).

                      Swift, Lt. F. 1898. Report on the Survey of the Oyster Regions of St. Vincent's
                             Sound, Apalachicola Bay and St. George Island Sound, Florida. U.S.
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                      Tanner, W.F. 1983. Apalachicola Bay: geology and sedimentology. Apalachicola
                             Oyster Industry: Conference Proceedings. S. Andree, editor. Florida Sea
                             Grant Report 57:8-10.

                      Taylor, J.L., D.L. Feigenbaum, and M.L. Stursa. 1973. Utilization of marine and
                             coastal resources. Summary of Knowledge of the Eastern Gulf of Mexico.
                             SUSIO, p. IV-1-IV-63.

                      Taylor, J.L. 1978. Evaluation of Dredging and Open-water Disposal on Benthic
                             Environments: Gulf Intracoastal Waterway-Apalachicola Bay, Florida to Lake
                             Borgne, Louisiana. Unpublished report prepared for the,U.S. Army Corps
                             of Engineers, Mobile District.

                      Thompson, D. 1970. Vegetative Cover Types of St. Vincent Island Refuge. U.S.
                             Fish and Wildlife Service. Unpublished Reports.

                      U.S. Army Corps of Engineers, Mobile District. 1981. Preliminary Section 404 (b)
                             evaluation: Gulf Intercoastal Waterway, Alabama State line to Carrabelle,
                             Florida.

                      U.S. Army Corps of Engineers, Mobile District. 1981. Preliminary Section 404
                             (b)(1) evaluation of maintenance dredging of the federal navigation projects,
                             Apalachicola Bay (Scipio Creek, St. George Island, Eastpoint, and Two Mile),
                             Florida.

                      U.S. Army Corps of Engineers, Mobile District. 1985. Apalachicola Bay Study:
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                      U.S. Army Corps of Engineers, Mobile District and the States of Alabama, Florida,
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                                                               155

                    U.S. Army Corps of Engineers, Mobile District and the States of Alabama, Florida,
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                                                              157

    APPENDIX A

    Administrative Codes
    (R. 3/87)
    V. 9, p. 692-20                                                                                              18-20.002

    CHAPTER 18-20
    FLORIDA AQUATIC PRESERVES

    18-20.001	Intent.
    18-20.002	Boundaries and Scope of the
    		Preserves.
    18-20.003	Definitions.
    18-20.004	Management Policies, Standards
    		and Criteria.
    18-20.005	Uses, Sales, Leases, or Transfer of
    		Interests in Lands, or Materials,
    		Held by the Board.  (Repealed)
    18-20.006	Cumulative Impacts
    18-20.007	Protection of Riparian RIghts.
    		(Repealed)
    18-20.008	Inclusion of Lands, Title in Which
    		Is Not Vested in the Board, in a
    		Presserve.
    18-20.009	Establishment or Expansion of
    		Aquatic Preserves.
    18-20.010	Exchange of Lands.
    18-20.011	Gifts of Lands.
    18-20.012	Protection of Indigenous Life
    		Forms.
    18-20.013	Development of Resource
    		Inventories and Management
    		Plans for Preserves.
    18-20.014	Enforcement.
    18-20.015	Application Form.  (Repealed)
    18-20.016	Coordination with Other
    		Governmental Agencies.
    18-20.017	Lake Jackson Aquatic Preserve.

    Library References: Riparian rights to navigable waters;
    I. Henry Dean, 55 Fla Bar j. 247, 250 (Mar. 1981).

    18-20.001	Intent.
    (1)	All sovereignty lands within a preserve shall
    be managed primarily for the maintenance of
    essentially natural conditions, the propagation of
    fish and wildlife, and public recreation, including
    hunting and fishing where deemed appropriate by
    the board, and the managing agency.

    (2)	The aquatic preserves which are described in
    73-534, Laws of Florida, Secions 258.39, 258.391,
    258.392 and 258.393, Florida Statutes, future
    aquatic preserves established pursuant to general or
    special acts of the legislature, and in Rule
    18-20.002, Florida Administrative Code, were
    established for the purpose of being preserved in an
    essentially natural or existing condition so that their
    aesthetic, biological and scientific values may
    endure for the enjoyment of future generations.

    (3)	The preserves shall be administered and
    managed in accordance with the following goals:

    (a)	To preserve, protect, and enhance these
    exceptional areas of sovereignty submerged lands by
    reasonable regulation of human activity within the
    preserves through the development and
    implementation of a comprehensive management
    program;

    (b)	To protect and enhance the waters of the
    preserves to that the public may continue to enjoy
    the traditional recreational uses of those waters such
    as swimming, boating and fishing;

    (c)	To coordinate with federal, state, and local
    agencies in aid in carrying out the intent of the
    Legislature in creating the preserves;

    (d)	To use applicable federal, state, and local
    management programs, which are compatible with
    the intent and provisions of the act and these rules,
    and to assist in managing the preserves;

    (e)	To encourage the protection, enhancement
    or restoration of the biological, aesthetic, or
    scientific values of the preserves, including but not
    limited to the modification of existing manmade
    conditions toward their natural condition, and
    discourage activities which would degrade the
    aesthetic, biological, or scientific values, or the
    quality, or utility of a preserve, when reviewing
    applications, or when developing and implementing
    management plans for the preserves;

    (f)	To preserve, promote, and utilize indigenous
    life ofrms and habitats, including but not limited to:
    sponges, soft croal, hard corals, submerged grasses,
    mangroves, salt water marshes, fresh water
    marshes, mud flats, estuarine, aquatic, and marine
    reptiles, games and non-game fish species, estuarine,
    aquatic and marine invertebrates, estuarine,
    aquatic and marine mammals, birds, shellfish and
    mollusks;

    (g)	To acquire additional title interests in lands
    wherever such acquisitions would serve to protect or
    enhance the biological, aesthetic, or scientific values
    of the preserves;

    (h)	TO maintain those benefical hydrologic and
    biologic functions, the benefits of which accrue to
    the public at large.

    (4)	Nothing in these rules shall serve to
    eliminate or alter the requirements or authority of
    other governmental agencies, including counties
    and municipalities, to protect or enhance the
    preserves provided that such requirements or
    authority are not inconsistent with the act and this
    chapter.

    Specific Authority 120.53.  258.43(1)  FS.  Law
    Implement 258.35, 258.36, 258.37, 258.39, 258.393 FS,
    Chapter 80-280 Laws of FLorida.  History-New 2-23-81,
    Amended 6-7-85, Formerly 16Q-20.01, Transferred from
    16Q20.001.

    18-20.002  Boundaries and Scope of the
    Preserves.
    (1)	These rules shall only apply to those
    sovereignty lands withins a preserve, title to whichis
    vested in the board, and those other lands for which
    the board has an appropriate instrument in writing,
    executed by the owner, authorizing the inclusion of
    specific lands in an aquatic preserve pursuant to
    Section 2(2) of Chapter 73-534, Laws of Florida,
    Secions 258.40(1) and 258.41(5), FLorida Statutes,
    future aquatic preserves estabished through
    general or special acts of the legislature, and
    pursuant to Rule 16-20.008, Florida
    Administrative Code.  Any publicly owned and
    maintained navigation channel authorized by the
    United States Congress, or other public works
    project authorized by the United States Congress,
    designed to imporve or maintain commerce and
    navigation shall be deemed to be excluded from the

    159

    (R. 3/87)
    18-20.002

    INTERNAL IMPROVEMENT TRUST FUND

    V. 9 p. 692-2P

    provisions of this chapter, pursuant to Subsection
    258.40(2), Florida Statutes.  Furthermore, all lands
    lost by avulsion or by artificially induced erosion
    shall be deemed excluded from the provisions of this
    chapter pursuant to Subsection 258.40(3), Florida
    Statutes.

    (2)	These rules do not apply to Boca Ciega Bay,
    Pinellas County or biscayne Bay Aquatic
    Preserves.

    (3)	These rules are promulgrated to clarify the
    responsibilities of the board in carrying out its land
    management functions as those functions apply
    within the preserves.  Implementation and
    responsibility for environmental permitting of
    activities and water quality protection within the
    preserves are vested in the Department of
    Environmental Regulation.  Since these rules are
    considered cumulative with other rules, a person
    planning an activity within the preserves should
    also consult the other applicable department rules
    (Chapter 18-21, Florida Administrative Code, for
    example) as well as the rules of the Department of
    Environmental Regulation.

    (4)	These rules shall not affect previous actions
    of the board concerning the issuance of any
    easement or lease or any disclaimer concerning
    sovereignty lands.

    (5)	The intent and specific provisions expressed
    in 18-20.001(e) and (f) apply generally to all
    existing or future aquatic preserves within the scope
    of this chapter.  Upon completion of a resource
    inventory and approval of a management plan for a
    preserve, pursuant to 18-20.013, the type
    designation and the resource sought to be preserved
    may be readdressed by the Board.

    (6)	For the purpose of clarification and
    interpretation, the legal description set forth as
    follows do not include any land which is expressly
    recognized as privately owned upland in a
    pre-existing recorded mean high water line
    settlement agreement between the board and a
    private owner or owners.  Provided, however, in
    those instances wherein a settlement agreement was
    executed subsequent to the passage of the Florida
    Coastal Mapping Act, the determination of the
    mean high water line shall be in accordance with the
    provisions of such act.

    (7)	Persons interested in obtatining details of
    particular preserves should contact the Bureau of
    State Lands Management, Department of Natural
    Resources, 3900 Commonwealth Blvd.,
    Tallahassee, FL 32303 (telephone 904-488-2297).

    (a)	The preserves are described as follows:

    1.  	Fort Clinch State Park Aquatic Preserve, as
    described in the Official Records of Nassau County
    in Book 108, pages 343-346, and in Book 111, page
    409.

    2.	Nassau River - St. Johns River Marshes
    Aquatic Preserve, as described in the Official
    Records of Duval County in Volume 3183, pages
    547-552, and in the Official Records of Nassau
    County in Book 108, pages 232-237.

    3.	Pellicer Creek Aquatic Preserve, as described
    in the Official Records of St. Johns County in Book
    181, pages 363-366, and in the Official Records of
    Flagler County in Book 33, pages 131-134.

    4.	Tomoka Marsh Aquatic Preserve, as
    described in the Official Records of Flagler County
    in Book 33, pages 135-138, and in the Official
    Records of Volusia County in BOok 1244, pages
    615-618.

    5.	Wekiva River Aquatic Preserve, as described
    in Section 258.39(30). F.S.

    6.	Mosquito Lagoon Aquatic Preserve, as
    described in the Official Records of Volusia County
    in Book 1244, pages 619-623, and in the Official
    Records of Brevard County in Book 1143, pages
    190-194.

    7.	Banana River Aquatic Preserve, as described
    in the Official Records of Brevard County in Book
    1143, pages 195-198, less those lands dedicated to
    the U.S.A. prior to the enactment of the act, until
    such time as the U.S.A. no longer wishes to
    maintain such lands for the purpose for which they
    were dedicated, at which time such lands would
    revert to the board, and be managed as part of the
    preserve.

    8.	Indian River - Malabar in Sebastian
    Aquatic Preserve, as described in the Official
    Records of Brevard County in Book 1143, pages
    199-202, and in the Official Records of Indian
    River County in Book 368, pages 5-8.

    9.	Indian River - Vero Beach in Fort Pierce
    Aquatic Preserve, as described in the Official
    Records of Indian River County in Book 368, pages
    9-12, and in the Official Records of St. Lucie
    County in Book 187, pages 1083-1086.

    10.	Jensen Beach to Jupiter Inlet Aquatic
    Preserve, as described in the Official Records of St.
    Lucie County in Book 218, pages 2865-2869.

    11.	North Fork, St. Lucie Aquatic Preserve, as
    described in the Official Records of Martin County
    in Book 337, pages 2159-2162, and in the Official
    Records of St. Lucie County in Book 201, pages
    1676-1679.

    12.	Loxahatchee River - Lake Worth Creek
    Aquatic Preserve, as described in the Official
    Records of Martin County in Book 320, pages
    193-196, ane in the Official Records of Palm Beach
    County in Volume 1860, pages 806-809.

    13.	Biscayne Bay - Cape Florida to Monroe
    County LIne Aquatic Preserve, as described in the
    Official Records of Dade County in Book 7055,
    pages 852-856, less, however, those lands and
    waters as described in Section 258.165, F.S.,
    (Biscayne Bay Aquatic Preserve Act of 1974), and
    those lands and waters within the Biscayne
    National Park.

    14.	Lignumvitae Key Aquatic Preserve, as
    described in the Official Records of Monroe County
    in Book 502, pages 139-142.

    15.	Coupon Bight Aquatic Preserve, as
    described in the Official Records of Monroe County
    in Book 502, pages 143-146.

    16.	Cape Romano - Ten Thousand Islands
    Aquatic Preserve, as described in the Official
    Records of Collier County in Book 381, pages
    298-301.

    160

    V.9, p. 692-2Q

    FLORIDA AQUATIC PRESERVES

    17.	Ronkery Bay Aquatic Preserve, as described
    in Section 258.39 (31), FS.

    18.	Estero Bay Aquatic Preserve as described in
    Section 258.39 (28), Florida Statutes.

    19.	Pine Island Sound Aquatic Preserve, as
    described in the Official Records of Lee County in
    Book 648, pages 732-736.

    20.	Mailacha Pass Aquatic Preserve, as
    described in the Official Records of Lee County in
    Book 800, pages 725-728.

    21.	Gasparilla Sound - Charlotte Harbor
    Aquatic Preserve, as described in Section 258.392,
    F.S.

    22.	Cape Haze Aquatic Preserve, as described in
    Section 258.39(29), F.S.

    23.	Cockroach Bay Aquatic Preserve, as
    described in Section 258.391, F.S.

    24.	St. Marins Marsh Aquatic Preserve, as
    described in the Official Records of Citrus County
    in Book 276, pages 238-241.

    25.	Alligator Harbor Aquatic Preserve, as
    described in the Official Records of Franklin
    County in Volume 98, pages 82-85.

    26.	Apalachicola Bay Aquatic Preserve, as
    described in the Official Records of Gulf County in
    Book 46, pages 77-81, and in the Official Records of
    Franklin County in Volume 98, pages 102-106.

    27.	St. Joseph Bay Aquatic Preserve, as
    described in the Official Records of Gulf County in
    Book 46, pages 73-76.

    28.	St. Andrews State Park Aquatic Preserve, as
    described in the Official Records of Bay County in
    Book 379, pages 547-550.

    29.	Rocky Bayou State Park Aquatic Preserve,
    as described in the Official Records of Okaloosa
    County in Book 593, pages 742-745.

    30.	Yellow River Marsh Aquatic Preserve, as
    described in the Official Records of Santa Rosa
    County in Book 206, pages 568-571.

    31.	Fort Pickens State Park Aquatic Preserve, as
    described in the Official Records of Santa Rosa
    County in Book 220, pages 60-63, in the Official
    Records of Escambia County in Book 518, pages
    659-662, less the lands dedicated to the U.S.A. for
    the establishment of the Gulf Islands National
    Seashore prior to the enactment of the act, until such
    time as the U.S.A. no longer wishes to maintain
    such lands for the purpose for which they were
    dedicated, at which time such lands woulds revert to
    the board and be managed as part of the preserve.

    32.	For the purpose of this section the
    boundaries of the Lake Jackson Aquatic Preserve,
    shall be the body of water in Leon County known as
    Lake Jackson in Sections 1, 2, 3, 5, 10, 11 and 14,
    Township 1 North, Range 1 West and Sections 11,
    12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34,
    and 35, Township 2 North, Range 1 West lying
    below the ordinary high water line.  Such lands shall
    include the submerged bottom lands and the water
    column upon such lands, as well as all publicly
    owned islands, within the boundaries of the
    preserve.  Any privately held upland within the
    boundaries of the preserve shall be deemed to be
    excluded therefrom; provided that the Board may

    negotiate an arrangement with any such private
    upland owner by which such land may be included
    in the preserve.

    33.	Terra Ceia Aquatic Preserve, as described in
    Section 258.393, Florida Statutes.

    34.	Future aquatic preserves established
    pursuant to general or special acts of the legislature.
    Specific Authority 120.53, 258.43(1), FS. Law
    Implemented 258.30, 258.391, 258.392, 258.393, 258.40,
    258.41, 258.42, 258.43, 258.44, 258.45 FS.  History-
    New 2-23-81, Amended 8-7-85.  Formerly 16Q-20.02,
    Transferred from 16Q-20.002.

    18-20.003	Definitions.  When  used in these
    rules, the following words shall have the indicated
    meaning unless, the context clearly indicates
    otherwise:

    (1)	"Act" means the provisions of Section 258.35
    through 258.46, F.S., the Florida Aquatic Preserve
    Act.

    (2)	"Activity" means any project and such other
    human action within the preserve requiring board
    approval for the use, sale, lease or transfer of
    interest in sovereignty lands or materials, or which
    may require a license from the Department of
    Environmental Regulation.

    (3)	"Aesthetic values" means scenic
    characteristics or amenities of the preserve in its
    essentially natural state or condition, and the
    maintenance thereof.

    (4)	"Applicant" means any person making
    application for a permit, license, conveyance of an
    interest in state owned lands or any other necessary
    form of governmental approval in order to perform
    an activity within the preserve.

    (5)	"Beneficial biological functions" means
    interactions between flora, launa and physical or
    chemical attributes of the environment, which
    provide benefits that accrue to the public at large,
    including, but not limited to: nutrient, pesticide and
    heavy metal uptake; sediment retention; nutrient
    conversion to biomass; nutrient recycling and
    oxyzenation.

    (6)	"Beneficial hydrological functions" means
    interactins between flora, fauna and physical
    geological or geographical attributes of the
    environment, which provde benefits that accrue to
    the public at large, including, but not limited to:
    retardation of storm water flow; storm water
    retention; and water storage, and periodical release;

    (7)	"Biological values" means the preservation
    and promotion of indigenous life forms and habitats
    including, but not limited to: sponges, soft corals,
    hard corals, submerged grasses, mangroves,
    saltwter marshes, fresh water marshes, mud flats,
    marine, estuarine, and aquatic reptiles, games and
    non-games fish species, marine, estuarine, and
    aquatic mammals, marine, estuarine, and aquatic
    invertebrates, birds and shellfish.

    (8)	"Board" means the Governor and Cabinet
    sitting as the Board of Trustees of the Internal
    Improvement Trust Fund.

    (9)	"Channel" means a trench, the bottom of
    which is normally entirely by water, with
    the upper edges of its sides normally below water.

    161

    (R. 3/87)
    18-20.003

    INTERNAL IMPROVEMENT TRUST FUND

    V. 0, p. 692-2R

    (10)	"Commercial, industrial and other revenue
    generating/income related docks" means docking
    facilities for an activity which produces income,
    through rental or any other means, or which serves
    as an accessory facility to other rental commercial
    or industrial operations.  It shall include, but not be
    limited to docking for: marinas, restaurants, hotels,
    motels, commercial fishing, shipping, boat or ship
    construciton repair and sales.

    (11)	"Department" means the State of Florida
    Department of Natural Resources, as adminsitrator
    for the board.

    (12)	"Division" means the Division of State
    Lands, which performs all staff duties and functions
    related to the administration of lands title to which
    is, or will be, vested in the board, pursuant to section
    253.002, F.S.

    (13)	"Dock" means a fixed or floating structure,
    including moorings, used for the purpose of
    berthing buoyant vessels either temporarily or
    indefinitely.

    (14)	"Essentially natural condition" means
    those functions which support the continued
    existence or encourage the restoration of the diverse
    popluation of indigenous life forms and habitats to
    the extend they existed prior to the significant
    development adjacent to and within the preserve.

    (15)	"Extreme hardship" means a significant
    burden, unique to the applicant and not shared by
    property owners in the area.  Self-imposed
    circumstances caused to any degree by actions of any
    person subsequent to the enactment of the Act shall
    not be construed as an extreme hardship.  Extreme
    hardship under this act shall not be construed to
    include any hardship which arises in whole or in
    part from the effect of other federal, state or local
    laws, ordinances, rules or regulations.  The term
    may be inherent in public projects which are shown
    to be a public necessity.

    (16)	"Fill" means materials from any source,
    deposited by any means onto sovereignty lands,
    either for the purpose of creating new uplands or for
    any other purpose, including spoiling of dredged
    materials.  For the purpose of this rule, the
    placement of pilings or riprap shall not be
    considered to be filling.

    (17)	"Lease" means a conveyance of intererst in
    lands, title to which is vested in the board, granted in
    accordance with specific terms set forth in writing.

    (18)	"Marina" means a small craft harbor
    complex used primarily for recreation.

    (19)	"Oil and gas transportation facilities"
    means those structures necessary for the movement
    of oil and gas from the production site to the
    consumer.

    (20)	"Person" means individuals, minors,
    partnerships, corporations, joint ventures, estates,
    trusts, syndicates, fiduciaries, firms, and all other
    associations and combinations whether public or
    private, including governmental entities.

    (21)	"Pier" means a structure in, on, or over
    sovereignty lands, which is used by the public
    primarily for fishing, swimming, or viewing the
    preserve.  A pier shall not include a dock.

    (22)	"Preserve" means any and all of those areas
    which are exceptional areas of sovereignty lands
    and the associated water body so designated in
    Section 258.30, 258.391, and 258.392. F.S.,
    including all sovereignty lands, title to which is
    vested in the board, and such other lands as the
    board may acquire or approve for inclusion, and the
    water column over such lands, which have been set
    aside to be maintained in an essentially natural or
    existing condition of indigenous flora and fauna and
    their supporting habitat and the natural scenic
    qualities and amenities thereof.

    (23)	"Private reisdential single dock" means a
    dock which is used for private, recreational or
    leisure purposes for a single family residence,
    cottage or other such single dwelling unit and which
    is deisgned to moor no more than two boats.

    (24)	"Private residential multi-slip dock" means
    a docking facility which is used for private
    recreational or leisure purposes for multi-unit
    residential dwellings which shall include but is not
    limited to condominiums, townhouses, subdivisions
    and other such dwellings or residential areas and
    which is designed to moor three or more boats.
    Yacht clubs associated with residential
    developments, whose memberships or utilization of
    the docking facility requires some real property
    interest in the residential area, shall also be
    included.

    (25)	"Public interest" means demonstrable
    environmental, social, and economic benefits which
    would accrue to the public at large as a result of a
    proposed action, and which would clearly exceed all
    demonstrable environmental, social, and economic
    costs of the proposed action.  In determining the
    public interest in a request for use, sale, lease, or
    transfer of intererst in sovereignty lands or severeance
    of materisls from sovereignty lands, the board shall
    consider the ultimate project and purpose to be
    served by said use, sale, lease, or transfer of lands or
    materials.

    (26)	"Public navigation project" means a project
    primarily for the purpose of navigation which is
    authorized and funded by the United States
    Congress or by port authorities as defined by
    Section 315.02(2), F.S.

    (27)	"Public necessity" means the works or
    improvements required for the protection of the
    health and safety of the public, consistent with the
    Act and these rules, for which no other reasonable
    alternative exists.

    (28)	"Public utilities" means those serves,
    provided by persons regulated by the Public Service
    Commission, or which are provided by rural
    cooperatives, municipalities, or other governmental
    agencies, including electricity, telephone, public
    water and wastewater services, and structures
    necessary for the provision of these services.

    (29)	"Quality of the preserve" means the degree
    of the biological, aesthetic and scientific values of the
    preserve necessary for present and future enjoyment
    of it in an essentially natural condition.

    (30)	"Resource management agreement" means
    a contractual agreement between the board and one

    162

    V. 9, p. 692-2S

    FLORIDA AQUATIC PRESERVES

    (R. 3/87)
    18-20.004

    or more parties which does not create an interest in
    real property but merely authorizes conduct of
    certain management activities on lands held by the
    board.

    (31)	"Resource Protection Area (RPA) 1" -
    Areas within the aquatic preserves which have
    resources of the highest quality and condition for
    that area.  These resources may include, but are not
    limited to corals; marine grassbeds; mangrove
    swamps; salt-water marsh; oyster bars;
    archaeological and historical sites; endangered or
    threatened species habitat; and, colonial water bird
    nesting sites.

    (32)	"Resource Protection Area 2" - Areas
    within the aquatic preserves which are in transition
    with either declining resource protection area 1
    resources or new pioneering resources within
    resource protection area 3.

    (33)	"Resource Protection Area 3" - Areas
    within the aquatic preserve that are characterized
    by the absence of any significant natural resource
    attributes.

    (34)	"Riparian rights" means those rights
    incident to lands bordering upon navigable waters,
    as recognized by the courts of this state and common
    law.

    (35)	"Sale" means a conveyance of interest in
    lands, by the board, for consideration.

    (36)	"Scientific values" means the preservation
    and promotion of certain qualities or features which
    have scientific significance.

    (37)	"Shore protection structure" means a type
    of coastal construction designed to minimize the rate
    of erosion.  Coastal construction includes any work
    or activity which is likely to have a material physical
    effect on existing coastal conditions or natural shore
    processes.

    (38)	"Sovereignty lands" means those lands
    included, but not limited to: tidal lands, islands,
    sandbars, shallow banks, and lands waterward of
    the ordinary or mean highwater line, to which the
    State of Florida acquuired title on March 3, 1845, by
    virtue of statehood, and of which it has not since
    divested its title interest.  For the purposes of this
    rule sovereignty lands shall include all submerged
    lands within the boundaries of the preserve, title to
    which is held by the board.

    (39)	"Spoil" means materials dredged from
    sovereignty lands which are redeposited or
    discarded by any means, onto either sovereignty
    lands or uplands.

    (40)	"Transfer" means the act of the board by
    which any interest in lands, including easements,
    other than sale or lease, is conveyed.

    (41)	"Utility of the preserve" means fitness of
    the preserve for the present and future enjoyment of
    its biological , aesthetic and scientific values, in an
    essentially natural condition.

    (42)	"Water dependent activity" means an
    activity which can only be conducted on, in, over, or
    adjacent to water areas because the activity
    requuires direct access to the water body or
    sovereignty lands for transportation, recreation,
    enregy production or transmission, or source of

    water and where the use of the water or sovereignty
    lands is an integral part of the activity.
    Specific Authority 258.43(1) FS. Law Implemented
    258.37, 258.43(1) FS. History-New 2-23-81.  Amended
    8-7-85.  Formerly 16Q-20.03.  Tranferred from
    16Q-20.003.

    18-20.004  	Management Policies, Standards
    and Criteria.  The following management policies,
    standards and criteria are supplemental to Chapter
    18-21, Florida Administrative Code (Sovereignty
    Submerged Lands Management) and shall be
    utilized in determining whether to approve,
    approve with conditions or modifications or deny all
    requests for activities on sovereignty lands in
    aquatic preserves.

    (1)	GENERAL PROPRIETARY

    (a)	In determining whether to approve or deny
    any request the Board will evaluate each on a
    case-by-case basis and weigh any factors relevant
    under Chapter 253 and/or 258.  Florida Statutes.
    The Board, acting as Trustees for all state-owned
    lands, reserves the right to approve, modify or reject
    any proposal.

    (b)	There shall be no further sale, lease or
    transfer of sovereignty lands except when such sale,
    lease or transfer is in the public interest (see Section
    18-20.004(2) Public Interest Assessment Criteria).

    (c)	There shall be no construction of seawalls
    waterward of the mean or ordinary high water line,
    or fillign waterward of the mean or ordinary high
    water line except in the case of public road and
    bridge projects where no reasonable alternative
    exists.

    (d)	There shall, in no case, be any dredging
    waterward of the mean or ordinary high water line
    for the sole or primary purpose of providing fill for
    any area landward of the mean or ordinary high
    water line.

    (e)	A lease, easement or consent of use may be
    authorized only for the following activities:

    1.	a public navigation project;

    2.	maintenance of an existing navigational
    channel;

    3.	installation or maintenance of approved
    navigational aids;

    4.	creation or maintenance of a
    commercial/industrial dock, pier or a marina;

    5.	creation or maintenance of private docks for
    reasonable ingress and egress of riparian owners;

    6.	minimum dredging for navigation channels
    attendant to docking facilities;

    7.	creation or maintenance of a shore protection
    structure;

    8.	installation of maintenance of oil and gas
    transportation facilities;

    9.	creation, maintenance, replacement or
    expansion of facilities required for the provision of
    public utilities; and

    10.	other activities which are a public necessity
    or which are necessary to enhance the quality or
    utility of the preserve and which are consistent with
    the act and this chapter.

    (f)	For activities listed in paragraphs
    18-20.004(1)(e)1.-10. above, the activity shall be

    163

    ~0

                                          ~(~qK 31~97)
                                          18~20.004                            I~'TERN~L IMPROVEMENT TRUST FUND                                       V. 9~ p. 6~92-~~~7

                                          designed in that ~h~ s~ru~~ur~ or s~ruc~ur~~ it, be                  2. p~~~~~id~ ~I~~~~~~in~g and marina services ~(rcp~mr~
                                          built in. an or over s~o~m~.,~er~e~v~ir~qm~qy lands are limited to           pump~ou~t~. etc.).
                                          s~tru~qcur~e~s necessary in co~n~qdu~L~t water dependent                       3 improve and enhance public health. safety,
                                          Activities~.                                                       welfare, and law ~en~qf~o~. c~e.. en~t;
                                             (~q9) For      activities     listed     in     paragraphs          4. improved public land management.
                                          ~q1~2q&20.004~q(~ql~q)~q(~e~q)~q7.. ~qS.. 9. and 10. ~a~qb~e~e~vc. it must b~e                  ~qS. improve and enhance public navigation~;
                                          demonstrated that no other r~eas~t~pr~iab~l~e alternative                  6. improve and enhance water quality-,
                                          exists which would allow th~e proposed activity ~i~s~, be                7. enh~anc~e~qm~en~t/r~es~t~ara~t ion of natural h~a~qb~s~t~a~t
                                          constructed or undertaken ~c~qwtsid~e the preserve.                   and functions; and
                                             (h) ~6qT~qh~e~usc~o~qfs~t~a~t~e~-n~qw~ne~qd lands for the purpose                     ~q9. imp~r~i~rw~e/p~r~qmec~t
                                          of providing private or public road ~a~L~x~v~qn its islands             endan~qge~re~qd/~thr~ea~t~en~ed/uniqu~e ~sp~qm~qic~s.
                                          where such access did not previously ~exi~qit Shall be                  ~2qW COSTS:
                                          prohibited. The use ~o~qf s~ta~tc-~s~q-ne~t~qi lands for the                    1. r~edu~c~e~qd/~qd~e~qrrad~e~qd water quality;
                                          purpose of providing private ~f~or public water Supply                 2- reduced /degraded          natural      habitat     and
                                          ~to islands where such wafer ~supp~ql~qy~i~, did not                      function;
                                          previously exist shall be prohibited.                                3. destruction,       harm      or     harassment         ~a~i~qr
                                             (i) Except for public navigation p~rn~qi~qm~qu and                    endangered or threatened species and habitat;
                                          maintenance dredging for existing channels and                       4. preemption of public use;
                                          hasin~s~, any areas dredged to improve or create                       5. increasing        navigational . hazards            and
                                          navigational a ~r ~-     shall be incorporated into the             congestion;
                                          preempted area of any required lease or be su~qb~qiccl to                6. reduced /degraded aesthetics, and
                                          the payment of a negotiated private casement fee~.                    7. adverse cumulative impacts.
                                             ~q0) Private residential           multi-slip docking               (d) EXAMPLES OF SPECIFIC BENEFITS:
                                          facilities shall require a lease.                                    ~q1. donation of land, conservation casements.
                                             (k) Aqua~cu~qlLU~r~e and beach r~e~nouri~shmcn~i                        restrictive covenants or other title interests in ~o~r
                                          activities which comply with the standards ~f~o~qr this               contiguous to the aquatic preserve which will
                                          rule chapter and Chapter                 18-21, Florida           protect or enhance the aquatic preserve-.
                                          Administrative Code~. may be approved by t~qh~e                          2~. providing access or facilities for public land
                                          board, but only subsequent to a formal finding o~qf                 management activities;
                                          compatibility with t~qh~e put              of Chapter 2~q5~q8,              ~. providing public a~r~g~-~r~q- casements and/or
                                          Florida Statute&. and this rule chapter.                          facilities, such as beach access, boat ramps, ~c~t~r~-~;
                                             (~q1) Other uses of the preserve, or human activity                 4. r~e~noration/~c~nhanc~e~qm~en~t~ara~qlt~er~edh~abi~La~t (or
                                          within the p~r~q=~w~7v~c~, although not originally                       natural functions, such as conversion or vertical
                                          contemplated, ~qm~ay be approved ~qb~y th~e board, but                   bulkheads to ripr~ap and/or ~v~e~qm~qu~ti~on for shoreline
                                          only subsequent to a formal f~qindin~qg~'~o~qf compatibility              stabilization or r~t~-~cs~L~ab~qii~shm~en~t of shoreline or
                                          with the purposes or Chapter 258, Florida Statutes~,               submerged ~V~e~qL~r~e~La~tio~qN
                                          and ~t~'his rule chapter.                                              5. improving fishery habitat through the
                                             (2) PUBLIC INTEREST ASSESSMENT                                 establishment of artificial ~rc~e~qfs or other such
                                          CR~6qX~qT~2q7~_~qP~L~q1~0qA                                                        projects~, where appropriate;
                                             In evaluating requests for the sale- lease or                     6. providing s~irwa~r~e pump~ou~t facilities where
                                          ~t~rw~L~s~qf~er or interest.. a balancing test will be* utilized         normally not ~r~e~qquir~c~c~qE in particular. facilities open
                                          to determine whether the social, economic and/or                  to the general public;
                                          ~c~n~v~qi~r~o~nmc~n~2qW b~en~6qe~i~ts clearly exceed the cam.                          7. improvements to water quality such as
                                             (a) GENERAL                        BENEFIT/COST                removal of toxic ~sed~qim~en~t~z~, increased r~qiushin~qg and
                                          C~qF~6qJ~0qT~8qZ~6qR~q1~8qA~.                                                         circulation, etc.;
                                             1. any benefits that are balanced against ~th~e                     ~qS. providing upland dry st~ora~e~ca~san alternative
                                          costs or a particular project shall be related to the             to w~c~qu~qli~qp; and
                                          affected ~a~cuatic p~r~e~s~e~r~.~,~r~,                                          9. marking navigation channels to avoid
                                             ~q2. it evaluating the b~enc~qr~i~ts and c~o~qm or each                  disruption of shallow water habitats.
                                          requ~e~r, specific consideration and w~ci~qght ~shall-bc                   (3) RESOURCE MANAGEMENT
                                          given to th~e quality and ~naLU~qM or the specific                       (a) All proposed activities in aquatic preserves
                                          aquatic preserve. Projects in t~qh~e less developed,                 having management plans ~a~qdop~i~c~a by the Board
                                          more    pristine aquatic preserves               such      as     must demonstrate that such activities are consistent
                                          Apalachicola Bay shall be subject to a higher                     with the management plan.
                                          s~6q=dard than th~qe more developed urban aquatic                         (b) No drilling or oi~6ql, ~0qgas or other such wells
                                          preserves such as Boca Ci~qc~6qL~qra Bay; and,                           shall be allowed.
                                             3. for pr~qo~2qj~qe~0qms in aquatic preserves with adopted                  (c) Utility-. -cables, pipes and other such
                                          ~qf~6qm~qn~qa~6qg~qern~qe~qnt       plans,      consistency       with      the     structures shall b~qe constructed and located in a
                                          management plan will be weighed heavily when                      manner that will cause minimal disturbance ~qt~qo
                                          determining whether the project is in th~qe pubiic                  submerged land resources such as oyster bars and
                                          i~qn~qt~8q" ~qC~qS .                                                         submerged grass beds and do not interfere with
                                             (b) BENEFIT CATEGORIES:                                        traditional public uses.
                                             ~8q1. public access (public boat ramps. b~qt~qia~qLs~4ql~2qips~q,                  (d) Spoil disposal within the preserves shall be
                                          ~qc~q1c.~2q)~q;                                                            strongly discouraged and may be approved only

                                                                                                   164

    V.9, p. 692-2U

    FLORIDA AQUATIC PRESERVES

    (R. 9/88)
    18-20.004

    structures shall be constructed and located in a
    manner that will cause minimal disturbance to
    submerged land resources such as oyster bars and
    submerged grass beds and do not interfere with
    traditional public uses.

    (d)	Spoil disposal within the preserves shall be
    strongly discouraged and may be approved only
    where the applicant has demonstrated that there is
    no other reasonable alternative and that activity
    may be beneficial to, or at a minimum, not harmful
    to the quality and utility of the preserve.

    (4)	RIPARIAN RIGHTS

    (a)	None of the provisions of this rule shall be
    implemented in a manner that would unreasonably
    infringe upon the traditional, common law and
    statutory riparian rights of upland riparian
    property owners adjacent to sovereignty lands.

    (b)	The evaluation and determination of the
    reasonable riparian rights of ingress and egress for
    private, residential multi-slip docks shall be based
    upon the number of linear feet of riparian shoreline.

    (c)	For the purposes of this rule, a private,
    residential, single docking facility which meets all
    the requiremetns of Rule 18-20.004(5) shall be
    deemed to meet the public interest requirements of
    Rule 18-20.004(1)(b), Florida Administrative
    Code.  However, the applicants for such docking
    facilities must apply for such consent and must meet
    all of the requirements and standards of this rule
    chapter.

    (5)	STANDARDS AND CRITERIA FOR
    DOCKING FACILITIES

    (a)	All docking facilities, whether for a single or
    multi-slip residential or commercial, shall be
    subject to the following standards and criteria:

    1.	no dock shall extend waterward or the mean
    or ordinary high water line more than 500 feet or 20
    percent of the width of the waterbody at that
    particular location whichever is less;

    2.	certain docks may fall within areas of special
    or unique importance.  These areas may be of
    significant biological, scientific, historic and/or
    aesthetic value and require special management
    considerations.  Modifications may be more
    restrictive than the normally accepted criteria.  Such
    modifications shall be determined on a case-by-case
    analysis, and may include, but shalll not be limited to
    changes in location, configuration, length, width
    and height;

    3.	the number, lengths, drafts and types of
    vessels allowed to utilize the proposed facility may
    also be stipulated; and

    4.	where local governments have more stringent
    standards and criteria for docking facilities, the
    more stringent standards for the protection and
    enchancement of the aquatic preserve shall prevail.

    (b)	Private residential single docks shall
    conform to the following specific design standards
    and criteria:

    1.	any main access dock shall be limited to a
    maximum width of four (4) feet;

    2.	the dock decking design and construction will
    insure maximum light penetration, with full
    consideration of safety and practicality;

    3.	the dock will extend out from the shoreline no
    further than to a maximum depth of minus four
    (-4) feet (mean low water);

    4.	when the water dept is minus four (-4) feet
    (mean low water) at an existing bulkhead the
    maximum dock length fromt he bulkhead shall be
    25 feet, subject to modifications accommodating
    shoreline vegetation overhang;

    5.	wave break devices, when necessary, shall be
    designed to allow for maximum water circulation
    and shall be built in such a manner as to be part of
    the dock structure;

    6.	terminal platform size shll be no more than
    160 square feet; and

    7.	dredging to obtain navigable water depths in
    conjunction with private residential, single dock
    applications is strongly discouraged.

    (c)	Private residential multi-slip docks shall
    conform to the following specific design standards
    and criteria:

    1.	the area of sovereignty, submerged land
    preempted by the docking facility shall not exceed
    the square footage amounting to ten times the
    riparian waterfront footage of the affected
    waterbody of the applicant, or the square footage
    attendant to providing a single dock in accordance
    with the criteria for private residential single docks,
    whichever is greater.  A conservation easement or
    other such use restriction acceptable to the Board
    must be placed on the riparian shoreline, used for
    the calculation of the 10:1 threshold, to conserve and
    protect shoreline resources and subordinate/waive
    any further riparian rights of ingress and egress for
    additional docking facilities;

    2.	docking facilities and access channels shall be
    prohibited in Resource Protection Area 1 or 2,
    except as allowed pursuant to Section
    258.42(3)(e)1., Florida Statutes, while dredging in
    Resource Protection Area 3 shall be strongly
    discouraged;

    3.	docking facilities shall only be approved in
    locations have adequate existing water depths in
    the boat mooring, turning basin, access channels,
    and other such areas which will accommodate the
    proposed boat use in order to insure that a minimum
    of one foot clearance is provided between the deepest
    draft of a vessel and the bottom at mean low water;

    4.	main access docks and connecting or cross
    walks shall not exceed six (6) feet in width;

    5.	terminal platforms shall not exceed eight (8)
    feet in width;

    6.	finger piers shall not exceed three (3) feet in
    width, and 25 feet in length;

    7.	pilings may be utilized as required to provide
    adequate mooring capabilities; and

    8.	the following provisions of Rule
    18-20.004(5)(d) shall also apply to private
    residential multi-slip docks.

    (d)	Commercial, industrial and other revenue
    generating/income related docking facilities shall
    conform to the following specific design standards
    and criteria:

    1.	docking facilities shall only be located in or
    near areas with good circulation, flushing and
    adequate water depths;

    165

    (R. 9/88)
    18-20.006

    INTERNAL IMPROVEMENT TRUST FUND

    V. 9, p. 692-2V

    2.	docking facilities and access channels shall be
    prohibited in Resource Protection Area 1 or 2,
    except as allowed pursuant to Secitons
    258.42(3)(c)1., Florida Statutes; while dredging in
    Resource Protection Area 3 shall be strongly
    discouraged:

    3.	the docking facilities shall not be located in
    Resource Protection Area 1 or 2; however, main
    access docks may be allowed to pass through
    Resource Protection Area 1 or 2, that are located
    along the shoreline, to reach an acceptable Resource
    Protection Area 3, provided that such crossing will
    generate minimal environmental impact;

    4.	beginning July 1, 1986 new docking facilities
    may obtain a lease only where the local governments
    have an adopted marina plan and/or policies
    dealing with the siting of commercial/industrial
    and private, residential, multi-slip docking facilities
    in their local government comprehensive plan;

    5.	the siting of the docking facilities shall also
    take into account the access of the boat traffic to
    avoid marine grassbeds or other aquatic resources in
    the surrounding areas;

    6.	the siting of new facilities within the preserve
    shall be secondary to the expansions of existing
    facilities within the preserve when such expansion
    is consistent with the other standards;

    7.	the location of new facilities and expansion of
    existing facilities shall consider the use of upland
    dry storage as an alternative to multiple wet-slip
    docking;

    8.	marina siting will be coodinated with local
    governments to insure consistency with all local
    plans and ordinances;

    9.	marinas shall not be sited within state
    designated manatee sanctuaries; and

    10.	in any areas with known manatee
    concentrations, manatee warning/notice and/or
    speed limit signs shall be erected at the marina
    and/or ingress and egress channels according to
    Florida Marine Patrol specifications.

    (e)	Exceptions to the standards and criteria
    listed in Rule 18-20.004(5). Florida Administrative
    Code, may be considered, but only upon
    demonstration by the applicant that such exceptions
    are necessary to insure reasonable riparian ingress
    and egress.

    (6)	MANAGEMENT AGREEMENTS

    The board may enter into management
    agreements with local agencies for the
    administration and enforcement of standards and
    criteria for private residential single docks.

    (7)	In addition to the policies, standards and
    criteria delineated in subsections (1) through(6),
    the provisions of the following management plans
    apply to specific aquatic preserves and are
    incorporated herein by reference.  Where regulatory
    criteria in 18-20, F.A.C., may differ with specific
    policies in the management plans listed herein, the
    general rule criteria shall prevail.

    Date Adopted

    Alligator Harbor	September 23, 1986
    Banana River	September 17, 1985

    Cockroach Bay	April 21, 1987
    Estero Bay		September 6, 1983
    Charlotte Harbor
    (Cape Haze,
    Gasparilla
    Sound-Charlotte
    Harbor, Matlacha
    Pass and Pine Island
    Sound)		May 18, 1983
    Indian River-Malabar
    to Vero Beach	January 21, 1986
    Indian River Lagoon
    (Vero Beach to Fort
    Pierce and Jensen
    Beach to Jupiter
    Inlet)		January 22, 1985
    Loxahatchee
    River-Worth
    Creek			June 12, 1984
    Nassau River-St.
    Johns River Marshes
    and Fort Clinch
    State Park		April 22, 1986
    North Fork of the St.
    Lucie River		May 22, 1984
    St. Joseph Bay	June 2, 1987
    St. Marins Marsh	September 9, 1967
    Terra Ceiz		April 21, 1967
    Wekiva River	August 25, 1987
    Specific Authority 258.43(1) FS. Law Implemented
    258.41, 258.42, 258.43(1), 258.44 FS.  History-New
    2-25-81, Amended 6-7-85, Formerly 16Q-20.004,
    Transferred from 16Q-20.004, Amended 9-4-88.

    18-20.005	Uses, Sales, Leases, or Transfer of
    Interests in Lands, or Materials, Held by the
    Board.
    Specific Authority 258.43(1) FS.  Law Implemented
    253.02, 253.12, 258.42 FS.  History-New 2-25-81,
    Repealed 8-7-85, Formerly 16Q-20.05, Transferred from
    16Q-20.005.

    18-20.006 	Cumulative Impacts.  In evaluating
    applications for activities within the preserves or
    which may impact the preserves, the department
    recognizes that, while a particular alteration of the
    preserve may constitute a minor change, the
    cumulative effect of numerous such changes often
    results in major impairments to the resources of the
    preserve.  Therefore, the department shall evaluate
    a particular site for which the activity is proposed
    with the recognition that the activity may, in
    conjunction with other activities adversely affect the
    preserve which is part of a complete and interrelated
    system.  The impact of a proposed activity shall be
    considered in light of its cumulative impact on the
    preserve's natural system.  The department shall
    include as a part of its evaluation of an activity:

    (1)	The number and extent of similar human
    actions within the preserve which have previously
    affected or are likely to affect the preserve, whether
    considered by the department under its current
    authority or which existed prior to or since the
    enactment of the Act; and

    (2)	The similar activities within the preserve

    166

    V. 9, p. 692-2W

    FLORIDA AQUATIC PRESERVES

    (R. 9/88)
    18-20.012

    which are currently under consideration by the
    department; and

    (3)	Direct and indirect effects upon the preserve
    and adjacent preserves, if applicable, which may
    reasonably be excpected to result from the activity;
    and

    (4)	The extent to which the activity is consistent
    with management plans for the preserve, when
    developed; and

    (5)	The extent to which the activity is
    permissible within the preserve in accordance with
    comprhensive plans adopted by affected local
    governmetns, pursuant to section 163.3161, F.S.,
    and other applicable plans adopted by local, state,
    and federal governmental agencies;

    (6)	The extent to which the loss of beneficial
    hydrologic and biologic functions would adversely
    impact the quality or utility of the preserve; and

    (7)	The extent to which mitigation measures
    may compensate for adverse impacts.
    Specific Authority 258.43(1) FS. Law Implemented
    258.36, 258.43, 258.44 FS.  History-New 2-25-81,
    Formerly 16Q-20.06.  Transferred from 16Q-20.006.

    18-20.007	Protection of Riparian Rights.
    Specific Authority 258.43(1)  FS.  Law Implemented
    258.123, 258.124(8), 258.44 FS.  History-New 2-25-81,
    Repealed 6-7-85, Formerly 16Q-20.07, Transferred from
    16Q-20.007.

    18-20.008	Inclusion of Lands, Title to Which
    Is Not Vested in the Board, in a Preserve.

    (1)	Lands and water bottoms which are within
    designated aquatic preserve boundaries, or adjacent
    thereto and which are owned by other governmental
    agencies, may be included in an aquatic preserve
    upon specific authorization for inclusion by an
    appropriate instrument in writing executed by the
    agency.

    (2)	Lands and water bottoms which are within
    designated aquatic preserve boundaries, or adjacent
    thereto, and which are in private ownership, may be
    included in an aquatic preserve upon specific
    authorization for inclusion by an appropriate
    instrument in writing executed by the owner.

    (3)	The appropriate instrument shall be either a
    dedication in perpetuity, or a lease.  Such lease shall
    contain the following conditons:

    (a)	The term of the lease shall be for a minimum
    period of ten years.

    (b)	The board shall have the power and duty to
    enforce the provisions of each lease agreement, and
    shall additionally have the power to terminate any
    lease if the termination is in the best interest of the
    aquatic preserve system, and shall have the power to
    include such lands in any agreement for
    management of such lands.

    (c)	The board shall pay no more than $1 per year
    for any such lease.
    Specific Authority 258.43(1) FS.  Law Implemented
    258.40, 258.41 FS.  History-New 2-25-81.  Formerly
    16Q-20.08.  Transferred from 16Q-20.008.

    18-20.009	Establishment or Expansion of
    Aquatic Preserves.

    (1)	The board may expand existing preserves or
    establish additional areas to be included in the

    aquatic preserve system, subject to confirmation by
    the legislature.

    (2)	The board may, after public notice and
    public hearing in the county or counties in which the
    proposed expanded or new preserve is to be located,
    adopt a resolution formally setting aside such areas
    to be included in the system.

    (3)	The resolution setting aside an aquatic
    preserve area shall include:

    (a)	A legal description of the area to be included.
    A map depicting the legal description shall also be
    attached.

    (b)	The designation of the type of aquatic
    preserve.

    (c)	A general statement of what is sought to be
    preserved.

    (d)	A statement that the area established as a
    preserve shall be subject to the management criteria
    and directives of this chapter.

    (e)	A directive to develop a natural resource
    inventory and a management plan for the area being
    established as an aquatic preserve.

    (4)	Within 30 days of the designation and
    establishment of an aquatic preserve, the board
    shall record in the public records of the county or
    counties in which the preserve is located a legal
    description of the preserve.
    Specific Authority 258.43(1) FS.  Law Implemented
    258.41 FS. History-New 2-25-81.  Formerly 16Q-20.09.
    Transferred from 16Q-20.009.

    18-20.010	Exchange of Lands.  The board in its
    discretion may exchange lands for the benefit of the
    preserve, provided that:

    (1)	In no case shall an exchange result in any
    land or water area being withdrawn from the
    preserve; and

    (2)	Exchanges shall be in the public interrest and
    shall maintain or enhance the quality of utility of
    the preserve.
    Specific Authority 258.43(1) FS.  Law Implemented
    258.41(5), 258.42(1) FS.  History-New 2-25-81,
    Formerly 16Q-20.10, Transferred from 16Q-20.010.

    18-20.011	Gifts of Lands.  The board in its
    discretion may accept any gifts of lands or interests
    in lands within or contiguous to the preserve to
    maintain or enhance the quality and utility of the
    preserve.
    Specific Authority 258.43(1) FS.  Law Implemented
    258.42(5) FS.  History-New 2-25-81, Formerly
    16Q-20.11, Transferred from 16Q-20.011.

    18-20.012	Protection of Indigenous Life
    Forms.  The taking of indigenous life forms for sale
    aor commercial use is prohibited, except that this
    prohibition shall not extend to the commercial
    taking of fin fish, crustacca or mollusks, except as
    prohibited under applicable laws, rules or
    regulations.  Members of the public may exercise
    their rights to fish, so long as not contrary to other
    statutory and regulatory provisions controlling such
    activities.
    Specific Authority 258.43(1) FS.  Law Implemented
    258.43(1) FS.  History-New 2-25-81, Formerly
    16Q-20.12, Transferred from 16Q-20.012.

    167

    (R. 9/88)
    18-20.017

    INTERNAL IMPROVEMENT TRUST FUND

    V. 9, p. 692-2X

    18-20.013	Development of Resource
    Inventories and Management Plans for
    Preserves.

    (1)	The board authoriezes and directs the division
    to develop a resource inventory and management
    plan for each preserve.

    (2)	The division may perform the work to
    develop the inventories and plans, or may enter into
    agreements with other persons to perform the work.
    In either case, all work performed shall be subject to
    board approval.
    Specific Authority 258.43(1) FS.  Law Implemented
    253.03(7), 253.03(8) FS.  History-New 2-25-81,
    Amended 6-7-85, Formerly 16Q-20.13, Transferred from
    16Q-20.013.

    18-20.014	Enforcement.  The rules shall be
    enforced as provided in Section 258.46.
    Specific Authority 258.43(1) FS.  Law Implemented
    258.46 FS. History-New 2-25-81. Formerly 16Q-20.14.
    Transferred from 16Q-20.014.

    18-20.015	Application Form.
    Specific Authority 253.43(1) FS.  Law Implemented
    258.43 FS.  History-New 2-25-81. Repealed 6-7-85.
    Formerly 16Q-20.15.  Transferred from 16Q-20.015.

    18-20.016	Coordination with Other
    Governmental Agencies.  Where a Department of
    Environmental Regulation permit is required for
    activities on sovereignty lands the department will
    coordinate with the Department of Environmental
    Regulation to obtain a copy of the joint Department
    of Army/Florida Department of Environmental
    Regulation permit application and the biological
    survey.  The information contained inthe joint
    permit application and biological assessment shall
    be considered by the department in preparing its
    staff recommendations to the board.  The board may
    also consider the reports of other governmental
    agencies that have related management or
    permitting responsibilities regarding the proposed
    activity.
    Specific Authority 253.43(1) FS.  Law Implemented
    258.43 FS. History-New 2-25-81.  Formerly 16Q-20.16.
    Transferred from 16Q-20.016.

    18-20.017	Lake Jackson Aquatic Preserve.  In
    addition to the provisions of Rules 18-20.001
    through 18-20.016, the following requirements
    shall also apply to all proposed activities within the
    Lake Jackson Aquatic Preserve.  If any provisions of
    this Rule are in conflict with any provisions of Rules
    18-20.001 through 18-20.016 or Chapter 73-534,
    Laws of Florida, the stronger provision for the
    protection or enhancement of the aquatic preserve
    shall prevail.

    (1)	No further sale, transfer or lease of
    sovereignty lands in the preserve shall be approved
    or consummated by the Board, except upon a
    showing of extreme hardship on the part of the
    applicant or when the board shall determine such
    sale, transfer or lease to be in the public interest.

    (2)	No further dredging or filling of sovereignty
    lands of the preserve shall be approved or tolerated
    by the Board of Trustees except:

    (a)	Such minimum dredging and spoiling as may
    be authorized for public navigation projects or for
    preservation of the lake according to the expressed
    intent of Chapter 73-534, Laws of Florida; and

    (b)	Such other alteration of physical conditions
    as may be necessary to enhance the quality or utility
    of the preserve.

    (3)	There shall be no drilling of wells,
    excavation for shell or minerals, and no erection of
    structures (other than docks), within the preserve,
    unless such activity is associated with activity
    authorized by Chapter 73-534, Laws of Florida.

    (4)	The Board shall not approve the relocations
    of bulkhead lines within the preserve.

    (5)	Notwithstanding other provisions of this act,
    the board may, respecting lands lying within the
    Lake Jackson basin:

    (a)	Enter into agreements for and establish lines
    delineating sovereignty and privately owned lands;

    (b)	Enter into agreements for the exchange and
    exchange sovereignty lands for privately owned
    lands;

    (c)	Accept gifts of land within or contiguous to
    the preserve.
    Specific Authority 258.39(26)FS.  Law Implemented
    258.39(26), 258.43 FS.  History-New 6-7-85.  Formerly
    16Q-20.017.  Transferred from 16Q-20.017.

    168

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