Indian River-- Malabar to Vero Beach aquatic preserve management plan

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

INDIAN RIVER

MALABAR TO VERO BEACH

AQUATIC PRESERVE MANAGEMENT PLAN

JANUARY 21, 1986

QH
90.75
T6
153 Department of Natural Resources
1986

INDIAN. RIVER MALABAR TO VERO BEACH
AQUATIC PRESERVE MANAGEMENT PLAN

JANUARY 21, 1986

Elton J. Gissendanner
Executive Director
Department of Natural-Resources

This plan was prepared by
The Bureau of Historic and Environmental Land Management
Division of Recreation and Parks

Preparation of this management plan was primarily supported by
a grant from the U.S. Office of Ocean and Coastal Resource
Management, National Oceanic and Atmospheric Admini,stration,
and the Florida Department of Environmental Regulation, the
Office of Coastal Management, through the Coastal Zone Manage-
ment Act of 1972 as amended. .7

Executive Summary

The Indian River--Malabar to Vero Beach Aquatic Preserve is part of the Indian
River Lagoon; a shallow lagoonal estuary. The lagoon is bounded on the east
by a barrier island and on the west by the mainland. Sebastian Inlet is the
only opening to the ocean in this area. The preserve supports important
commercial fisheries, especially the hard clam and oyster industries and is
important for recreational activities as well.

The estuary is an important home and nursery area for an extensive array of
fish and wildlife. The major problems in the continued health of this area
include the construction of major drainage networks that have increased the
fresh water flow into the estuary, the loss of wetland areas and water quality
degradation associated with agricultural drainage and urban runoff.
Additionally, the Intracoastal Waterway and the maintenance of Sebastian Inlet
have changed the historical flushing and circulation within the lagoon system.

The major objectives of the aquatic preserve management program are to manage
the preserve to ensure the maintenance of an essentially natural condition,
and to restore and enhance those conditions which are not in a natural
conditio*n. Management will also.-.be directed to ensure public recreational
opportunities while assuring the continued propagation of fish and wildlife.
This task will be guided by the identification and mapping of natural
resources and habitats necessary to meet these objectives. An additional
management objective is the review and comment on applications for the use of
state-owned submerged lands. This will require, in a fully implemented
management program, the onsite investigation of these proposed uses by field
personnel assigned to the aquatic preserve. The field personnel are critical
to the realistic management of this aquatic preserve.

STATE OF FLORIDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

R E S, 0 L U T 1 0 N

WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund is

charged with the acquisition, administration, management, control, super-

vision, conservation, protection, and disposition of all lands title to which

is vested in the Trustees under Chapter-?53, Florida Statutes; and

WHEREAS, Chapter 258, Florida Statutes, directs that state-owned

submerged lands within aquatic preserves be set aside forever in their

essentially natural or existing condition for the benefit of future

generations; and

WHEREAS, the Trustees are charged with the adoption and enforcement of

reasonable rules and regulations to carry out the provisions of Sections

258.35 through 258.46, Florida Statutes, regarding the regulation of human
activity within the aquatic preserves so as not"to unreasonably interfere with

lawful and traditional public uses of the preserves;

WHEREAS; Section 160-20.13, Florida Administrative Code, mandates the

development of management plans for aquatic preserves; and

WHEREAS, the Trustees desire to serve the public by effectively planning,

managing and protecting aquatic preserves; and

141HEREAS, the Trustees recognize the importance and benefits of protecting

the natural resources and preserving the natural ecosystem of the aquatic

preserve in the Indian River Malabar to Vero Beach area, and

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Internal

Improvement Trust Fund hereby adopts the Indian River Malabar to Vero Beach

Aquatic Preserve Management Plan; and

BE IT FURTHER RESOLVED that the primary management objective of the

Indian River Malabar to Vero Beach will be the maintenance of this ecosystem

in an essentially natural state; and

BE IT FURTHER RESOLVED that the Indian River Malabar to Vero Beach

Aquatic Preserve Management Plan shall serve as a fundamental pdlicy guideline

for the Trustees and other state and local agencies having jurisdiction rela-

tive to maintaining the Indian River Malabar to Vero Beach Aquatic Preserve

system, and shall provide the overall policy direction for the development and

implementation of all administrative rules and programs related to the

management of state-owned submerged lands within the Indian River Malabar to

Vero Beach Aquatic Preserve; and

BE IT FURTHER RESOLVED THAT the Department of Natural Resources, Division
of Recreation and Parks, is hereby.designated as@agent for the Trustees for

purposes of aquatic preserve planning and management.

IN TESTIMONY WHEREOF THE Board of Trustees of the Internal Improvement

Trust Fund have. hereunto subscribed their names and have caused the Official

Seal of the Board of Trustees of the Internal Improvement Trust Fund to be

hereunt affixed in the City of Tallahassee, The Capitol, on this the

day of January, A.D., 1986.

Governor

(Seal)

Secretary of Stat

qtt
Commissioner of Education Attorney General

Commissionner of Agriculture Comptroller

As and Constituting the State of

Florida Board of Trustees of the Treasurer

Internal Improvement Trust Fund

APPR0VED AS TO
FORM & LEGALITY

r"or

6qF
DEPARTMENT ATTORNEY

TABLE OF CONTENTS

Chapter Page

1. INTRODUCTION .................................................. 1

II. MANAGEMENT AUTHORITY .......................................... 11

111. MAJOR PROGRAM POLICY DIRECTIVES ............................... 23

IV. RESOURCE DESCRIPTION .......................................... 29

A. Geologic Features and Landforms ........................... 30

B. Community Associations .................................... 31

C. Archaeological and Historical Sites ....................... 54

D. Water Resources ......................................... o'. 58

E. Cultural....., .............................................. 61

V. RESOURCE MANAGEMENT ........................................... 63

A. Introduction .............................................. 63

B. Onsite Management Objectives .............................. 63

C. Resource Mapping and Resource Protection Areas ............ 86

D. Administrative Management Objectives ...................... 89

VI. MANAGEMENT IMPLEMENTATION NETWORK ............................. 97

A. Federal ................................................... 97

B. State ..................................................... 100

C. Regional .................................................. 107

D. Local Governments and Special Districts ................... 109

E. Other Entities ............................................ 112

Table of Contents (Continued)

CHAPTER Page

VII. PUBLIC USES ................................................... 115

A. Consumptive Uses ........................................... 115

B. Non-Consumptive Uses ....................................... 116

VIII. PRIVATE NON-COMMERCIAL USES ................................... 117

IX. COMMERCIAL USES ............................................... 121

A. Traditional Commercial Uses ............................... 121

B. Non-Traditional Commercial Uses ........................... 123

X. SCIENTIFIC RESEARCH ........................................... 11,15

XI. ENVIRONMENTAL EDUCATION ....................................... 127

XII. IDENTIFIED PROGRAM NEEDS ...................................... 129

A. Acquisition of Additional Property ........................ 130

8. Boundary Problems and Systems Insufficiences .............. 130

C. Legislative Needs ......................................... 131

D. Administrative Rule Changes ............................... 131

E. Data (Information) Needs .................................. 132

F. Resource Protection and Enforcement Capabilities .......... 132

G. Funding and Staffing Needs ................................. 133

BIBLIOGRAPHY ......................................................... 135

CONTENTS OF APPENDICES ............................................... 141

vii

Chapter I

INTRODUCTION

This plan addresses the management of the Indian River - Malabar to Vero Beach

Aquatic Preserve, located in Brevard and Indian River Counties (Figures 1 and
2). Palm Bay, Malabar, Vero Beach, Orchid, Vero Beach and Indian River Shores

are incorporated cities which lie along the preserve boundary. The unincorp-

orated cities include Floridana Beach, Melbourne Shores, Grant, Micco,

Wabasso, Roseland, and Gifford. The surface water area of the preserve is

approximately.43.4 square miles.

The preserve is part of the Indian River Lagoon which is a relatively shallow

estuary with very restricted water exchange with the sea. Historically, there
was no significant freshwater inflow (Clark, 1983). In the 1920's. much of

the marsh within the Upper St. John's River floodplain was "reclaimed" for

agricultural production. Canals were built to provide for drainage to tidal

waters (Clapp and Wilkening, 1984). Increased development has increased the

amount and quality of freshwater inflow into the Indian River from these

canals and from Turkey, Goat, Kid, Trout and Sebastian Creeks. Salinities
range from 20-26 parts per thousand (ppt.) near Malabar, to 30-36 ppt. at

Sebastian. The mainland lies to the west of the preserve, with barrier

islands bordering the eastern side. The Intracoastal Waterway extends the

entire length of the aquatic preserve. Approximately 55 spoil islands were

Figure 1

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MAP OF
2
INDIAN RIVER-MALABAR TO VERO BEACH
SEBASTIAN, AOUATIC PRESERVE NORTH HALF
It 12 7 4. ( AOUATIC PRESERVE NQ T )
BREVARD AND INDIAN RIVER COUNTIES, FLOkIDA
CREATED BY
1 13 STATE OF FLORIDA BOARD OF
PREPARED Irf FJ. HANSEN 17 4 TRUSTEES OF THE INTERNAL IMPROVEMENT lWJSI FUND
DIVISION OF LAND MANAGEMENT OCTOBER 21, 1969
APRIL, IS?O RESOWTION ADOPTED OCTO15ER 11, VM
UPDATED APRIL 4.tSW

Figure 2

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35 AGLIATIC PRESERVE
321 33 34 35 36 31 m 33 36
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SCALE IN MILES
0 9 10 11 12 7 9 10 11

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20 21 22 23 24 to 20 21 22 23 2,4

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32 33 34 35 35 31 32 VERO BEACH 30
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MAP OF
INDIAN RIVER-MALABAR TO VERO BEACH 9 10 to 12 71
AQUATIC PRESERVE SOUTH HALF
(AQUATIC PRESERVE N07) I
BREVARD AND INDIAN RIVER COUNTIES. FLORIDA
CREATED BY IQ I
r

STATE OF FLORIDA BOARD OF TRUSTEES is 15 14 13 Is 7M
OF THE INTERNAL IMPROVIMENT TRUST FUND
OCTOBER 21,1969 A
RESOLUTION ADOPTED OCTOWR 2I.rM9 21 22 23 24 19
ADDITION$ 1965 LEGISLATURE 0\
5

originally created from this dredged material but, over time, many of these

islands have eroded to shoals.

This environmentally sensitive and unique preserve, harbors seagrass beds

which stabilize bottom sediments, and provides shelter and food for adult,

juvenile, and larval vertebrates and invertebrates. Mangrove trees fringe the

shoreline of the barrier island and, to a lesser extent, the mainland and

perimeters of the spoil islands. Saltmarsh grasses, oyster bars, drift algae,

and tidal flats are also intricate parts of this very dynamic and productive

lagoonal system.

The climate in East Central Florida is humid subtropical, with an average

annual rainfall of approximately 50 inches. The rainy season occurs from June

to October (Doehring, personal communication).

The Indian River-Malabar to Vero Beach Aquatic Preserve maps, in Figures I and

2, represent the gross boundaries of the aquatic preserve. The actual pre-

serve includes those sovereignty submerged lands located waterward of the mean

high water line within this boundary area. This aquatic preserve will be

managed to emphasize maintenance and enhancement of the existing conditions.

As more site specific information becomes available, essentially natural

conditions shall be identified and resources in disturbed areas restored to

that condition where possible.

Due to the current limitation of onsite staff resources, the management

program in these aquatic preserves will be restricted in the scope of

operations. However, the program will fill the minimum need for active

management-in the preserve and should provide the framework for future program

growth. The administrative support for this management program will be

provided by the Division of Recreation and Parks', Bureau of Environmental

Land Management (BELM) in Tallahassee, known as the "central office". Field

personnel support will be through the Florida Park Service, Division of Marine

Resources and the BELM staff, when available.

Initially, development of the resource inventory will be heavily dependent on

LANDSAT satellite imagery, DOT aerial photography, and existing scientific and

other literature. As the program proceeds and on-site managers are present,

the experience and additional resource information will likely result in

modifications to the program and plan, which are both designed to accommodate

such changes or at least.identify..areas needing improvement.

This plan is divided into chapters according to their management application.

Chapter II cites the authorities upon which this management program and plan
are built. Chapter III (Major Program Policy Directives) highlights the major

policy areas that are within this plan. Chapter IV presents a brief resource
description and references the appendices which contain more detailed

information on the resources.

Chapter V presents the management objectives of both the on-site managers, who

actually work in the preserve, and the administrative staff in Tallahassee.

Chapter VI addresses how this plan will interface with local, regional, state,

and federal agencies and programs; as well as its relevance to non-government

organizations, interest groups, and individuals.

Chapters VII through IX address the various uses, from public to private to

commercial. Chapters X and XI address the use of the aquatic preserve for

scientific research and environmental education, respectively.

Chapter XII is an internal management improvement section identifying problems

and needs in the progressive improvement of this aquatic preserve management

plan.

This plan was written by the Department of Natural Resources (DNR), Division

of Recreation and Parks, Bureau of Environmental Land Management staff.

Funding.for the.plan was by a coastal management grant (CM-106) through the

U.S. Department of Commerce's National Oceanic and Atmospheric Administration,

Office of Ocean and Coastal Resource Management, and the Florida Department of

Environmental Regulation (DER), Office of Coastal Management.

Chapter II

MANAGEMENT AUTHORITY

The primary management authorities available to the staff for implementing

management directives affecting aquatic preserves are found in Chapters 258
and 253, Florida Statutes (F.S.). These authorities clearly establish the

proprietary management overview role of the Governor and Cabinet, sitting as

the Board of Trustees of the Internal Tmprovement Trust Fund and are variously

referred to as the "Trustees" or the "Board". Furthermore, all management

responsibilities assigned to the Trustees by this plan may be fulfilled

directly by the Governor and Cabinet or indirectly via staff or agents of the

Trustees, purs-uant to delegations of authority, management agreements, or

other legal mechanisms. All subsequent references to the Board or Trustees

should be presumed to potentially include staff and designated agents, in

addition to the Governor and Cabinet. The staff of the Bureau of Environ-

mental Land Management (BELM) (acting as "agents" for the Trustees) is able

to review all requests for uses of, or directly affecting, state.-owned

sovereignty submerged lands within aquatic preserves. The review and subse-

quent staff comments are primarily designed to evaluate the environmental

consequences of any proposed use of state-owned submerged land. The review is

conducted within the confines of the criteria contained in the "maintenance"

provisions for aquatic preserves in Chapter 258, F.S.

Formal review comments are provided to the Department of Natural Resources

(DNR), Division of State Lands by the Bureau of Environmental Land Management

11 ,

for inclusion in the comments and recommendations accompanying agenda items

for Trustees consideration. This mechanism allows the Trustees, sitting as

owners of the land, to evaluate public interest and project merits within the

context of environmental impact upon the preserve.

BACKGROUND

In many respects, the authorities supporting aquatic preserve planning and

management are the cumulative result of the public's awareness of the

importance of Florida's environment . The establishment of the present system

of aquatic preserves is a direct outgrowth of public concern with dredge and

fill activities rampant in the late 1960's.

In 1967, the Florida Legislature passed the-Randall Act (Chapter 67-393, Laws

of Florida), which set up procedures regulating previously unrestricted dredge

and fill activities on state-owned submerged lands. That same year the

legislature also provided statutory authority (Section 253.03, F.S.) for the

Trustees to exercise proprietary control over state-owned lands. In 1967,

this governmental focus on protecting Florida's productive estuaries from the

impacts of development led to the establishment of a moratorium by the

Governor and Cabinet on the sale of submerged lands to private interests., In

that same year, this action was followed by the creation of an Interagency

Advisory Committee on submerged lands management. In late 1968, that

Committee issued a report recommending the establishment of a series of

aquatic preserves. Twenty-six separate waterbodies were addressed in the

original recommendation.

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 of the state. That constitutional provision also

established the authority for the Legislature to enact measures for the

abatement of air and water pollution.

It was not until October 21, 1969 that the Governor and Cabinet acted upon the

recommendations of the Interagency Advisory Committee and adopted, by resolu-

tion, 18 of the waterbodies as aquatic preserves. Other preserves were

similarly adopted at various times through 1971.

Prior to the October 1969 action by the Governor and Cabinet, the Legislature

had created the Boca Ciega Aquatic Preserve. Subsequent Legislative action in

1972, 1973 and 1974; created the Pinellas County, Lake Jackson and Biscayne

Bay Aquatic Preserves, respectively.

In 1975, the Legislature established a Florida Aquatic Preserve Act (Codified

in Chapter 258, F.S.), thereby bringing all existing preserves under a

standardized set of maintenance criteria. Additional acts were passed

subsequent to the 1975 action, such as the addition of the Cockroach Bay

Aquatic Preserve in 1976 and the Gasparilla Sound-Charlotte Harbor Aquatic

Preserve to the system in 1978.

The Charlotte Harbor Aquatic Preserve Management Plan, approved by the

Trustees on May 18, 1983 was the first management plan for an aquatic

preserve. The following aquatic preserves have approved plans: Estero Bay -

September 6, 1983; North Fork-St. Lucie - May 22, 1984; Loxahatchee River-Lake

Worth Creek - June 12, 1984; and Indian River Lagoon - January 22, 1985.

In June 1985, the Legislature passed Senate Bill 762 which expanded the

boundaries of the Banana River, Malabar to Vero Beach, Loxahatchee River--Lake

Worth Creek, Wekiva River, and Rookery Bay Aquatic Preserves; and created

Guana River Marsh and Big Bend Seagrasses Aquatic Preserves.

The State Lands Management Plan, adopted on March 17, 1981, by the Trustees,

contains specific policies. The Plan also establishes policies concerning

spoil islands, submerged land leases, "Outstanding Native Florida Landscapes",

unique natural features, submerged grassbeds, archaeological and historical

resources, and endangered species. All of these issues provide management

guidance to-the aquatic preserve program.

ADMINISTRATIVE RULES

Chapters 16Q-21 and 16Q-20, Florida Administrative Code (F.A.C.), are two

administrative rules directly applicable to the DNR's/Trustee's actions

regarding allowable uses of submerged lands, in general, and aquatic preserves

specifically. Chapter 16Q-21, F.A.C. controls activities conducted on

sovereignty submerged lands, and is predicated upon the provisions of Sections

258.03 and 253.12, F.S. 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."

Chapter 16Q-20, F.A.C. addresses the aquatic preserves and derives its

authority from Sections 258.35, 258.36, 258.37, and 258.38, F.S. The intent

of this rule is contained in Section 16Q-20.01, F.A.C., which states:

"(I) 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 Section

258.39, 258.391, 258.392 and 258.393, F.S.; Chapter

85-345 Laws of Florida; and in Section 16040.02,

F.A.C., were established for the purpose of being

preserved in an essentially natural or existing

condition so that their aesthetic, biological an.d

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) 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 tradi-

tional recreational uses of those waters such as

swimming, boating, and fishing;

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, 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 preserve;

(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,

mud flats, estuarine, aquatic and marine reptiles,

game and nongame fish species, estuarine, aquatic

and marine invertebrates, estuarine, aquatic and marine

mammals, birds, shellfish and mollusks;

(g) To acquire additional title interests in lands where-

ever such acquisitions would serve to protect or

enhance the biological, aesthetic, or scientific

values of the preserves.

W To maintain those beneficial hydrologic and biologic func-

tions, the benefits of which accrue to the public at large."

OTHER MANAGEMENT AUTHORITIES

Other Department of Natural Resources management authorities applicable to

aquatic preserves include fisheries and marine mammal management and protec-

tion, and beach and shore preservation programs outlined in Chapters 370 and

161, F.S., respectively and land acquisition programs conducted under the

Environmentally Endangered Lands authorities of Chapter 259, F.S. or the

Conservation and Recreation Lands Program authorized by 253, F.S., will

enhance the protection of the natural resources within the aquatic preserves.

Chapter 403, F.S., is an important adjunct to Chapter's 253 and 258, F.S.

This governs, in part, the State's regulatory programs affecting water

quality and biological resources. The Department of Environmental Regulation

(DER), through a permitting and certification process, administers this

program. Section 253.77, F.S., as amended by the Warren S. Henderson Wetlands

Protection Act of 1984, requires that any person requesting use of state-owned

land shall have approval of the proposed use from the Trustees before

commencing the activity. An interagency agreement between DMR and DER pro-

vides an avenue for staff comments on potential environmental impacts of

projects in aquatic preserves through the DER permitting process. Addition-

ally, the DER has designated, by administrative rule, a series of waterbodies

with stringent use criteria called "Outstanding Florida Waters" (OFW). The

inclusion of all aquatic preserve waters within this classification greatly

enhances the protective provisions of Chapter 258, F.S. As the designated

"306" Coastal Zone Management Agency, the DER also provides a source of

funding for data collection and planning in areas such as the Indian River

area, as well as being the state agency responsible for implementing the

"federal consistency" provisions of the federal Coastal Zone Management Act.

The DER's administrative rules of primary significance to the aquatic preserve

management program include Chapters 17-3, 17-4 and 17-12, F.A.C. These rules

are based upon the authorities contained in Chapter 403, F.S. Chapter 17-3,

F.A.C. addresses water quality standards and establishes the category of

"Outstanding Florida Waters", while Chapters 17-4 and 17-12, F.A.C. address

permit requirements and dredge and fill activities, respectively.

In December, 1982 a Memorandum of Understanding (MOU) between the DER, DNR,

and the U.S. Army Corps of Engineers (COE) was executed. This MOU clearly

establishes a process whereby the proprietary concerns of the Trustees,

stated in Chapter 253, F.S. can be integrated into the DER/COE joint permit

processing system.

Other opportunities for environmental review and input into activities

potentially affecting aquatic preserves are afforded by the Department of

Community Affairs (DCA), and the Department of State, Division of Archives,

History, and Records Management (DAHRM). The Executive Office of the Governor

also provides a mechanism for public input into federal projects via the State

clearinghouse process.

The DCA is statutorily responsible for administering the "Development of

Regional Impact" (DRI). The DRI program, authorized by Section 380.06, F.S.

was established by the Legislature to provide a review and monitoring

procedure for those development projects potentially affecting more than one

county.

..Chapter '11-67, F-.S.-establishes the state policy regarding preservation and

management of Florida's archaeological and historical resources. This

responsibility is legislatively assigned to the DAHRM, which holds title

to those cultural resources located on state-owned lands. This also applies

to sovereignty submerged lands, including aquatic preserves.

The Department of Health and Rehabilitative Services, under their public

mandate, administers two programs directly affecting the aquatic preserve
management program. These programs are (1) septic tank regulation, usually
administered by county health departments and (2) arthropod (mosquito) control

programs, usually implemented through local mosquito control districts. Each

of these programs holds the potential for creating significant impacts upon

the aquatic preserves. Establishment of close working relationships between

the aquatic preserve staff and the Department of Health and Rehabilitative

Services will be a necessary element of the aquatic preserves management

program.

Each of the above referenced programs may provide an effective means of

protecting aquatic preserves and their ecologically sensitive resources.

Appendix A contains a compendium of the appropriate statutes and

administrative rules.

Chapter III

MAJOR PROGRAM POLICY DIRECTIVES

This plan contains a number of management policy issues that are discussed

either generally or definitively. This section highlights those major policy

areas that comprise the basic thrust of this management effort. Adoption of

these policies will provide specific staff direction for implementing the

day-to-day aquatic preserve management program. Major program policy

directives are:

(A) Manage all submerged lands within the aquatic preserve to ensure the

maintenance.of essentially natural conditi.ons to en.su're the propagation of

fish and wildlife, and public recreation opportunities.

(B) Prohibit the disturbance of archaeological and historical sites within

the aquatic preserve, unless prior authorization has been obtained from the

Trustees and DAHRM, and such disturbance is part of an approved research

design or authorized project.

within the aquatic preserve, with an emphasis on those habitat types utilized

by threatened and/or endangered species.

(D) Protect and, where possible, enhance threatened and endangered species

habitat within the aquatic preserve.

(E) Prohibit development activities within the aquatic preserve that

adversely impact upon grassbeds and other valuable submerged habitat, unless a

prior determination has been made by the-Board of overriding public importance

with no reasonable alternatives, and adeq uate mitigation measures are

included.

(F) Prohibit the trimming and/or removal of mangroves and other natural

shoreline vegetation within the aquatic preserve, except when necessitated by

the pursuit of legally authorized projects and local mangrove protection

ordinances.

(G) Provide research and educational opportunities for scientists and other

interested researchers within the framework of a planned research program in

the aquatic preserve.

(H) Acquire, where feasible, privately owned submerged lands located within

the boundaries of the aquatic preserve pursuant to the authorities contained

in Section 253.02(4), F.S.

(I) Prohibit the drilling of oil and gas wells, the mining of minerals, and

dredging for the primary purpose of obtaining upland fill within the aquatic

preserve.

(J) Prohibit non-water dependent uses of submerged,lands within the aquatic

preserve except in those cases where the Board has determined that the project

is overwhelmingly in the public interest and no reasonable alternatives exist.

This prohibition shall include floating residential units, as defined in

Section 125.0106(2), F.S.

(K) Prohibit storage of toxic, radioactive, or other hazardous materials

within the aquatic preserve.

(L) Prohibit mosquito control practices within the aquatic preserve that

require habitat modification or manipulation (i.e. diking, ditching) unless

there are no reasonable alternatives and failure to conduct such practices

would result in a threat to public health.

(M) Limit pesticide and biocide use within the aquatic preserve to those that

are approved by the Environmental Protection Agency (EPA) for wetland and

aquatic application.

(N) Prohibit the construction of new deep water ports within the aquatic

preserve boundaries.

(0) Insure that artificial reef construction does not adversely impact

environmentally fragile areas within the aquatic preserve and that the

construction will maintain the essentially natural condition while enhancing

the quality and utility of the preserve.

(P) Manage state-owned spoil islands within the aquatic preserve as bird

rookeries and wildlife habitat areas.

(Q) Encourage public utilization of the aquatic preserve, consistent with the

continued maintenance of its natural values and functions.

(R) Develop a well coordinated aquatic preserve management mechanism

that recognizes and utilizes local government programs.and authorities.

.(S) Require, through the efforts of DER, water management districts, and

mosquito control districts for the maintenance of the naturally high water,

quality of the estuary, to ensure the natural seasonal flow fluctuations of

freshwater into the estuary and the greatest interaction possible of mosquito

impoundment with the Indian River Lagoon.

(T) Evaluate the various habitat types and resources as representative

conditions for restoration models. Develop a system plan for habit-at

restoration and work in conjunction with other agencies in its application.

(U) Apply the management criteria contained in the adopted Indian River-

Malabar to Vero Beach Aquatic Preserve Management Plan to all subsequent

legislative additions of land to the aquatic preserve.

(V) Encourage the assistance of federal, state, and local government agencies

in implementing the aquatic preserve management plans, especially in the areas

of protection of natural and cultural resources and the enforcement of

applicable resource laws and ordinances.

(W) Marinas shall not be located in Class I or 2 Resource Protection Areas.

W Identify and document any problems caused by fishing activities and

report them to the Marine Fisheries Commission. Enforce any rule adopted by

the Marine Fisheries Commission and approved by the Governor and Cabinet.

(Y) Insure that aquatic.preserve management plans are consistent with all

other state and local planning processes and completed plans that may impact

aquatic preserves.

(Z) Recognize that successful shellfish culture and harvesting efforts in the

aquatic preserve are dependent upon pollution prevention and abatement

programs and careful comprehensive planning.

Chapter IV

RESOURCE DESCRIPTION

The Indian River Lagoon System is a dynamic, lagoonal estuary important in

this region for its value to recreational and commercial fishing, boating and

prime residential development. The lagoon supports one of the richest and

most productive aquatic faunas within the continental United States. No other

estuary has revealed such a large variety.of plants and animals and greater

concentration of rare and endangered organisms (Gilmore, in prep.). Over 400

species of fish, 260 species of molluscs and 479 species of shrimp and crabs

are associated with this aquatic system. Hard clams have replaced oysters as

the most important commercial shellfish in Brevard County. The most produc-

tive area lies between Cape Malabar and Micco and approximately-200 fishing

boats have been observed there (Department of Natural Resources, 1984). This

areals attributes attract many visitors and new residents every year and as a

result, development is increasing along the Indian River and surrounding

tracts of land.

The lagoonal estuary provides important habitat and nursery ground for an
extensive array of fish and wildlife (Appendix C). The major problems in the

continued health of the lagoon are the large amounts of fresh water released

by several man-made drainage systems, mosquito impoundments restricting

nutrient flow, and water quality problems associated with agricultural

drainage and urban runoff. Qualitative evaluation of the aquatic preserve

resources has been hampered by a lack of data on.the exact effects of the

above problems.

Detailed information on the resources (e.g., species lists, water quality

information, archaeological and historical site information, life histories,

geological background, supporting maps, and cultural resource information) is

located in Appendices C and D. The resource information presented in this-

chapter is intended to be generally descriptive of the major management

functions and resources of the area surrounding the preserve.

A. Geological Features and Landforms.

The East Central Coast of Florida is characterized by its relatively straight

shoreline, and linear barrier islands which extend almost the entire length of

the Florida peninsula. The Atlantic Coastal Ridge lies to the west of the

lagoon on the mainland and is parallel to the Atlantic Ocean coastline. This

low ridge diverts rainfall towards the Indian River lagoon, and consists of

relatively permeable sandy soil. These features and other landforms along the

coast reflect several sea level changes that occurred since the beginning of

the Quaternary Period (Kofoed, 1963).

In the late Pleistocene (125,000 years before present (B.P.)) sea level was

higher than today and covered the present barrier island as an offshore sand

bar formed on the shallow shelf. Only the central highlands of Florida were

above water. The entire Indian River lagoon was covered, but the depth was

shallow enough to permit growth and deposition of sea shells. The resulting

littoral formation known as Anastasia underlies the Indian River (Rouse,

1981).

Between 6,000 and 30,000 years B.P., sea level retreated and exposed the

lagoon bottom to air. Deposition of sediments through wind and fresh water

transport partially filled the lagoon until the last great ice sheets melted.

The subsequent rise in sea level inundated the lagoon and created the brackish

water environment of today.

The long, narrow chain of barrier islands acts as the first line of defense of

the mainland against storm surges. Historically, narrow points of the barrier

islands have been breached during storms. The temporary shallow inlets which

formed, later closed due to siltation. Man's intervention through dredging

and stabilization of Sebastian Inlet (the only connection with the Atlantic

Ocean in this aquatic preserve), has allowed saline water to mix with fresh

water, creating the lagoon environment that is found today. Because Sebastian

Inlet is the only connection between the lagoon and the ocean in this area,

the aquatic preserve is microtidal and generally protected from coastal

storms.

B. Community Associations.

The plant communities of the Indian River lagoon basin are a major factor in

the continued health and productivity of the natural systems in the preserve.

This section will also reference some of the major animal species associated

with these plant communities. The major community associations recognized in

the preserves are mangrove forests, marine grassbeds, drift algae, saltmarsh,

oyster bars, tidal flats and spoil islands. Each community is presented

separately although in reality these communities are sometimes mixed or

overlap. Final subsections address the a nimal life and endangered species

within the aquatic preserve.

1. Mangroves. The four species of mangrove trees in the Indian River Lagoon

represent the dominant vegetational association. The mangroves range from

twelve to thirty feet in height and generally inhabit the low energy shore-

lines of the estuarine system.

The four species of mangroves occurring here are the red mangrove (Rhizophora

mangle) which is dominant, both in and near the water at low tide level; black

mangrove (Avicennia germinans) generally inland of, but.sometimes mixed with

reds; white mangrove (Laguncularia racemosa) generally upland of, but al so

mixed with blacks; and buttonwood (Conocarpus erecta) upland of and mixed with

whites. These mangrove association species generally indicate areas of

frequent (red mangrove) to infrequent (white mangrove) saline inundation.

There are many variations of the mangrove community within the area. The

major variation is the fringe mangrove which occurs along the shorelines of

the embankments, river, creeks and other waterways. All four species.can

appear in this variation, both in zones and mixed as described above. There

are also areas of overwash where the mangroves are standing in water with

little or no associated uplands. This variation is generally dominated by red

mangroves (Odum et al., 1982). The mangrove species have various root

structures, i.e., prop roots and pneumatophores (the aerating root spikes of

the black mangroves) and extensive underground root mats which capture and

stabilize sediments in the estuarine waters and function as an erosion control

buffer in other areas. These root networks recycle nutrients and min erals
from the fallen mangrove leaves and anaerobic soil substrate by returning them
to the estuary as detritus. This is the primary basis of the estuary's food
chain and productivity (Heald and Odum, 1970). The mangrove canopy and root
tangle also provide valuable habitat for many marine and estuarine organisms
(Savage, 1972). The entire community also functions to buffer the uplands

from storm tides and winds, and acts as a storage area for those waters.

The mangrove community types and various locations indicate that they can

adapt to many situations, but they are susceptible to both natural and man-

induced disturbances. The natural disturbances can come from freezing

temperatures, hurricanes, new pass.formations or changes in sea level.

Hurricane damage, although not experienced in the recent past, is a potential

threat to these'communities. Man induced disturbances in this area include

mosquito impoundments that changed the mangrove diversity and detrital con-

tribution to the lagoon. A Division of Marine Resources Fishery Habitat Loss

Study found that 75 percent of the Indian River Lagoon's mangroves are now

within mosquito impoundments. Other disturbances include dredge and fill

activities that destroyed mangrove areas, and erosion and other forces that

may be attributed to man.

Man's more subtle influence on the mangrove communities is not as fully

understood as the natural forces that cause the direct removal or killing

of the trees. The effects of changing the upland drainage pattern, both by

bulkhead placement, shoreline modification and drainage canals, need much more

study. The placement of extensive bulkheading along waterways has destroyed

or preempted mangrove growth in some areas.

Protection of the extensive mangrove communities in the preserve will be a

major task of this plan's management activities. The policies and practices

of this management are addressed in Chapter V, Section B.

Other vegetation associated with the mangrove communities includes: salt grass
(Distichlis spicata); smooth cordgrass (Spartina alterniflora); glasswort
(Salicornia spp.); sea purslane (Sesuvium portulacastrum); saltwort (Batis
maritima); sea ox-eye (Borrichia frutescens), and sea.lavender (Limonium

cardinianum).

The tree canopies and root tangles provide habitat for various animals. These

community types are utilized by a wide variety of invertebrates, fishes,

amphibians, reptiles, mammals and birds (Table I).

2. Marine Grassbeds. -Marine grasses are submerged flowering plants which

stabilize sediments, entrap silt, recycle nutrients, provide shelter, habitat

and substrate for animals and other plant forms, provide important nursery

grounds for many vertebrates and invertebrates in addition to shellfish, and

are important direct food sources (Odum, 1974; Wood et al., 1969). The

grassbeds are very productive, possibly the most productive habitat within the

estuary. These beds serve as a food source for the endangered manatee

(Trichechus manatus), important nursery areas for juvenile forms of fish and

shellfish, and as substrate for many epiphytic algae species eaten by

invertebrates which are in turn eaten by the fishes. Many commercially

Tabl e I

ANIMAL LIFE ASSOCIATED WITH THE MANROVE COMMUNITY

Mammals

marsh rabbit
bobcat
raccoon
rice rat

Birds

brown pelican
double-crested cormorant
anhinga
white ibis
great blue heron
little blue heron
green backed heron (green heron)
tri-colored heron (Louisiana heron)
black-crowned night heron
yellow-crowned night heron
snowy egret
great egret
cattle egret'
reddish egret
blue-gray gnatcatcher
red-winged blackbird
cardinal
pileated woodpecker
belted kingfisher
prairie warbler

Reptiles

diamondback terrapin

Fishes

tarpon
snook
gray snapper
rainwater killifish
gobies
sailfin molly
striped mojarra
grouper and sea bass
permi t

Table I (continued)

Fishes (continued)

redfin needlefish
striped anchovy
ladyfish
roughtail stingray
bull shark
lemon shark

Invertebrates

oysters
shrimp
snails
blue crab
fiddler crab
mangrove tree crab
mosquitoes.

Sources: Barile, D.D. Coastal zone protection element for the Palm Bay, FL
Comprehensive Plan. Center for Coastal Zone Research, FIT,
Melbourne, FL. 19'78.

Fernald, et al. The Sebastian Inlet-Ft. Pierce Inlet Barrier
Islands. A Profile of Natural Communities, Development-Trends,
and Resource Management Guidell"nes. @982.

Gilmore, et al. Fishes of Indian River Lagoon and Adjacent Waters,
Florida. 1981.

U.S. Fish and Wildlife Service. Atlantic Coast ecological inventor
map. U.S. Government Printing Office, Washington, D.C. 1980.

important fishes spend at least part of their lives in these grassbeds
(Zieman, 1982) (Table II).

The most common marine grass found in this portion of the Indian River lagoon
is Cuban shoal grass (Halodule wrightii). The next dominant is manatee grass
(Syringodium filiforme). Another marine grass found in the lagoon is widgeon
grass (Ruppia maritima) (Thompson, 1976).

Detailed mappinq of marine grassbeds are in Appendix D (Resource Protection
Area Mapping). Generally, the more expansive areas of grassbeds in the

estuarine complex are in shallow water with a fairly constant salinity. These

shallow areas are prime fish habitat and are vulnerable to damage by boating

activities. The marine grassbeds are sensitive to turbidity and, as a result,
.are vulnerable to dr'edge and fill activities.

Within the Indian River-Malabar to Vero Beach area, grassbeds are found mainly

along the eastern shoreline, and.in scattered patches on the western shoreline
(Thompson, 1976). Seagrass coverage and diversity appear to vary seasonally,

yearly and possibly in longer cycles. The preliminary findings of a Division

of Marine Research Fishery Habitat Loss Study is that approximately 30% of the

original grassbed coverage has been lost in the Indian River Lagoon. On a

shorter time basis the clamming industry has been regulated to prevent clam-

ming within marine grassbeds, but there has been a concern that the use of

clam rakes along the edges of grassbeds is destructive to the bed and can

restrict the beds potential growth.

Marine grassbeds are a primary vegetation community and will be used as a key

indicator in measuring the natural condition of the aquatic preserve.
37

Table II

ANIMAL LIFE FOUND IN MARINE GRASSBED AREAS OR
GENERALLY ASSOCIATED WITH THIS COMMUNITY
AND DEEP WATER AREAS

Mammals

bottle-nosed dolphin
manatee

Birds

brown pelican
double crested cormorant
osprey
least tern
belted kingfisher
bald eagle
great blue heron
Louisiana heron
great egret
reddish egret
white ibis
roseate spoonbill
common loon
horned grebe
magnificent frigatebird
pintail
green-winged teal
blue-winged teal
American wigeon
northern shoveler
lesser scaup
ruddy duck
red-breasted merganser
herring gull
American coot
Forster's tern
royal tern
Caspian tern
laughing gull
black skimmer
ring-billed gull
black-bellied plover
willet

Reptiles

diamondback terrapin

Table II (continued)

Fishes

Florida blenny
tarpon
bluntnose stingray
Atlantic stringray
cownose ray
sea catfish
gulf killifish
rainwater killifish
sheepshead
sailfin molly
snook
gray snapper
striped mullet
white mullet
bull shark
lemon shark
ladyfish
scales sardine
striped anchovy
gulf pipefish
pigfish
silver jenny
Moiarra
spotted seatrout
southern kingfish
black drum
red drum
pinfish
mosquito fish
great barracuda
spot
silver perch
permit
leatherjacket
tidewater silverside
lined sole
crevalle jack
chain pipefish
gulf pipefish
Irish pompano
bay whiff
code goby
clown goby
darter goby
bogjead searphob

Table II (continued)

Fishes (continued)

gulf flounder
southern puffer
striped burrfish
gafftopsail catfish
Atlantic thread herring
yellowfin menhaden
Atlantic menhaden

invertebrates

Pink shrimp
stone crab
blue crab
spiny lobster
Northern quahog
Southern quahog

Sources- Barile, D.D. Coastal Zone Protection element for the Palm Bay, FL
Comprehensive 7-lan. Center for Coastal Zone Research, FIT,
Melbourne, FL. 1978.

Department of Natural Resources. Profile of the hard clam industry
in Brevard County. Tallahassee, Florida. 1984.

Fernald, et al. The Sebastian Inlet-Ft. Pierce Inlet Barrier
Island. A Profile of Natural Communities, Development-7rends,
and Me-source 95-nagement Guidelines. 19-82.

Gilmore, et al. Fishes of Indian River Lagoon and Adjacent Waters,,_
Florida. 1981. -

U.S. Fish and Wildlife Service. Atlantic Coast ecological inventory
map. U.S. Government Printing Office, Washington, D.C. 1980.

Sea-grass coverage and diversity appear to vary seasonally, yearly and

possibly in longer cycles, and this should be taken into consideration.

Protection of marine grassbeds will be a major consideration in the field and

administrative review of use proposals (See Appendix D).

The invertebrate fauna and algal flora associated with these grassbeds can be

rich and diverse, depending on the specific area. Two commercially important

clam species, Northern quahoq (Mercenaria mercenaria) and the Southern quahog

(Mercenaria campechiensis) are often found associated with marine grassbeds

and algae (DNR, 1984). There is a need for more data on the effects of

intensive clam harvesting on the grassbeds and the shellfish resource itself.

This will become increasingly important as mariculture efforts in the area are

expanded.

3. Drift Algae. Drift algae are important associated components of the

marine grassbed system in the preserve. There are some 60 species of red,

brown and green algae that are either interspersed with or grow on marine

grasses. These algae begin as attached forms on the grass blades and

eventually break loose to drift. These floating algal mats become substrata

for numerous invertebrates, associated algae and fish. The drift algae

communities may provide better refuge for many organisms than marine grasses.
These communities occur throughout the lagoon (Benz et al., 1979; Eiseman and

Benz, 1975; Gore et al., 1981; Kulczycki et al., 1981; Virnstein and Howard,

in press).

4. Saltmarsh. Historically, this habitat was commonly converted to mosquito

impoundments and only a small percentage of the original acreage remains open

to the lagoon today. In this region, this community is generally forced out

by the more dominant mangroves. The saltmarsh grasses grow in transitional

areas between mangroves, freshwater marshes and saltbarren areas. Some of

these transitional areas are also at elevations (i.e., landward of the mean

high water line) that technically may put them outside the aquatic preserve

boundary (unless the uplands are state-owned).

The species within this community are smooth cordgrass (Spartina

alterniflora), saltwort (Batis maritima), glasswort (Salicornia virginica),
salt grass (Distichlis.spicata) and sea ox-eye (Borrichia frutescens.).

This community can also have mangroves, cabbage palms, and exotics mixed

in with the vegetation. The type of vegetation present varies with the degree

of tidal inundation, the influence of other vegetation, the amount of.

disturbance by ditching and diking, and the amount of freshwater drainage from

the uplands. The saltmarsh grass community recycles nutrients, contributes to

the estuarine productivity, and provides shelter and habitat to a variety of

animal life (see Table III).

5. Tidal Flats. A tidal flat in the estuarine complex describes a wide

variety of habitats that may have sporadic vegetation varying from grassbed,

saltmarsh and drift algae communities, to no vascular vegetation at all.

There is extensive algal growth in these areas. The tidal flats are used
primarily by shore and wading birds as feeding and resting areas (Barnett et

al., 1980). These areas are also valuable for invertebrates, including crabs,

oysters, and worms.

Table III

ANIMAL LIFE COMMONLY'ASSOCIATED WITH SALTMARSH GRASS COMMUNITIES

Mammals

marsh rabbit
hispid cotton rat
raccoon

Reptiles

diamondback terrapin
garter snake

Fishes

bay anchovy
rainwater kill*ifish
gulf killifish
sheepshead minnow
mosquitofish
striped mullet

Birds

osprey
nighthawk
chuck-will's-widow
purple martin
great blue heron
green heron
great egret
snowy egret
Louisiana heron
least sandpiper
spotted sandpiper
black-necked stilt
ring-billed gull
laughing gull
black tern
red knot
tree swallow
barn swallow
common yellowthroat
sharp-tailed sparrow
red-winged blackbird

Table III (continued)

Invertebrates

crabs
snails
worms

Source: Fernald, et al. The Sebastian Inlet-Ft. Pierce Inlet Barrier
Ts-
Island. A Profile of Natural Communities, Development Trenc and
Resource Management Guidelines. 1982.

Gilmore, et al. Fishes of Indian River Lagoon and Adjacent Waters,
Florida. 1981.

Tidal flats, consisting of estuarine beaches, areas waterward of the

mangroves, spoil areas, shoal areas, and mud flats, are important to the

estuary through their contribution to the algal production. The mollusk,

crustacean, and worm communities feed on both the algae and materials from the

other plant communities of the estuary. The bird life is dependent on these

areas for feeding and some of these flat areas surround colonial nesting sites

in the estuarine complex. The ecological role of these various tidal flat

areas is not fully understood, but it is known that they are important

habitats (Table IV).

6. Oyster Bars. The oyster performs a valuable function in the food web by

converting plankton, detritus and possibly dissolved organics into animal

protein, which is then available to higher predators (Tabb et al., 1974). The

substrate formed by the oyster colonies occurs in areas where there are no

other hard substrates. These oyster bars create habitat space that is unique

to the lagoon (see Table V). The oysters and the associated animals are

utilized by other animals which feed on or around the oyster bars. Oyster

bars were once fairly abundant in this preserve, however, their distribution

is declining, possibly due to salinity changes. There still remains an active

oyster industry in the Grant and Sebastian areas although the more lucrative

clamming industry is rapidly replacing it.

7. Deep Water Areas. These areas within the Indian River Lagoon include

Sebastian Inlet, channels, rivers, creeks, and other deep water areas.

These areas are important to tidal flushing and are necessary for a healthy

estuary. The deep waters also allow predator fish access to the lagoon.

Table IV

ANIMAL LIFE COMMONLY ASSOCIATED WITH TIDAL FLATS
OF THE INDIAN RIVER LAGOON

Mammals

raccoon

Birds

brown pelican
white pelican
great blue heron
yellow-crowned night heron
white ibis
American oystercatcher
whimbrel
roseate spoonbill
black-bellied plover
piping plover
semipalmated plover
Wilson's plover
ruddy turnstone
spotted sandpiper
fish crow
black skimmer
Caspian tern
greater yellowlegs
lesser yellowlegs
willet
red knot
least sandpiper
dunlin
western sandpiper
shore-billed dowitcher
black-necked stilt
herring gull
ring-billed gull
laughing gull
Forster's tern
least tern
sandwich tern
sanderling

Table IV (continued)

Invertebrates

crabs
worms
snails

Source: Fernald, et al. The Sebastian Inlet-Ft. Pierce Inlet Barrier
Island. A Profile of Natural Comm6ni"fies, D@velopment Trends'.
and Resource flanaTement Guidelines. 1982.

Table V

ANIMAL LIFE COMMONLY ASSOCIATED WITH OYSTER BARS

Invertebrates

marine worms
clams
ophiuroids (brittle stars)
snails
barnacles
crabs
shrimp
amphipods
tunicates
bryozoans

Birds

American oystercatcher
dunlin
spotted sandpiper
little blue heron
fish crow
willet
yellow-crowned night heron
ruddy turnstone

Source: Fernald, et al. The Sebastian Inlet-Ft. Pierce Inlet Barrier
Island: A Profile of Natural Communities, D-evelopment Trends,
_@_nd Resource Management Guidelines, 1982.

The bottle-nosed dolphin and manatee are important mammals potentially found

in these areas.

8. Spoil Islands. The construction and maintenance of the Intracoastal

Waterway channel and Sebastian Inlet resulted in the formation of a chain of

spoil islands within the Indian River Lagoon. These islands, formed by the

deposition of the dredged material (spoil), usually parallel the channel

alignment. These islands have been subjected to erosion and accretion from

winds, currents and boat wakes which have modified the original shape and

placement of many of the islands.

Vegetation on these islands is generally dominated by exotics, such as

Australian Pine and Brazilian pepper. However, the shoreline fringe is

generally vegetatedwith mangroves and@other native wetland vegetation, and

provides valuable habitat to fish and wildlife, especially bird life.

There are close to 55 spoil islands within the lagoon. The spoil islands were

conveyed to the Florida Inland Navigation District (FIND) by the Trustees for

the sole purpose of navigational improvement and they have been dedicated to

recreation and waterbird roosting and nesting habitat. Many of the islands

have been colonized by the brown pelican, white ibis, least tern, snowy egret,

and other nesting birds. These islands have not been developed, with the

exception of privately-owned Grant Farm Island which has some development on

half of the island.

9. Mosquito Impoundments. Numerous mosquito impoundments have been

developed by diking and impounding high marsh habitats adjacent to the Indian

River (Bidlingmayer and McCoy, 1-978). By manipulating water levels within

these impoundments, prime mosquito habitat can be flooded to prevent

mosquitoes from depositing eggs in tidal areas.

The impounding and flooding have changed the vegetation, wildlife types and

species diversity. The impoundments also restrict and, in many cases,

prohibit the flow of nutrients and fishery interaction within this portion of

the Indian River. These impacts can be mitigated by opening the impoundments

to tidal access during months when mosquito control is not needed (Clements

and Rogers 1964; Provost 1967, 1974, 1976). There is now a wi,de variation in

management practices for mosquito impoundments. A Subcommittee on Mosquito

Impoundments was established under the Governor's Working Group for Mosquito

Control to help foster improved management techniques, to benefit

environmental and mosquito control concerns..

10. Animal Life. The animal life associated with the Indian River Lagoon

area is historically as diverse as the vegetation. However, with the

encroachment of human activities such as mosquito impoundments, intracoastal

waterway, maintained inlets, spoil islands and other dredge and fill projects,

causeways and roads, much of the original habitat has been modified. These

modifications have caused a variety of changes to the animal life of the

preserve.

The preserve serves both as a valuable recreational fishing and as a nursery

area for fish commercially caught in the Atlantic Ocean. Other species not

directly important to commercial fishing but necessary to its ultimate food

chain also depend on this estuary. The preserve also provides a refuge for

species visiting this area during migrations, for daily .feed ing purposes and
during times of environmental stress (i.e., drought, storms, development
activities). These visiting species include the manatee and many bird

species.

11. Endangered Species. The combination of the subtropical climate, diverse

vegetation and habitats, and waterbodies in the Indian River-Malabar to Vero

Beach Aquatic Preserve has resulted in the survival of many species of endan-

gered animals. Manatees are commonly found in the Indian River-Malabar to

Vero Beach Aquatic Preserve. The Turkey Creek Zone is recognized as a

protected area under the Florida Manatee Sanctuary Act, Chapter 16N-22.18.

Cape Malabar to Castaway Point is a slow speed zone while Turkey Creek is

designated as an idle speed zone. Sebastian Creek is presently under study

due-to the high incidence of manatee in that area. Activities in the Malabar

to Vero Beach Aquatic Preserve should be managed to guarantee manatee health

and safety (see Chap. V-2d) as the animals move on the Indian River between

important aggregation areas such as Turkey Creek. Table VI provides a list of

other endangered animals known to occur within this lagoon.

C. Archaeological and Historical Sites.

A synthesis of the prehistory of the Florida coastline applicable to the Mala-
bar to Vero Beach area was conducted by Levy et al. (1984). Their research

indicated that evidence of Paleo-Indian occupation in the area was probably

obscured by rising sea levels that inundated possible sites. By 6,500 B.C.

however, there is evidence that the area received sporadic visitation by

Indians, their migrations being influenced by seasonal shellfish abundance.

Table VI

SPECIES OF THE INDIAN RIVER - MALABAR TO SEBASTIAN
AQUATIC PRESERVE WHICH ARE CLASSIFIED AS
ENDANGERED, THREATENED, OR OF SPECIAL CONCERN

ENDANGERED

Reptiles

Atlantic green turtle (Chelonia myd s mydas)
Atlantic ridley turtle (Lepidochelys kempi)
leatherback turtle (Dermochelys coriacea)
Atlantic saltmarsh water snake Nerodia fasciata taeniata)

Birds

peregrine falcon (Falco peregrinus)
wood stork (Mycteria americana)

Mammals

manatee (Trichechus manatus)

THREATENED

Reptiles

Atlantic loggerhead turtle (Caretta caretta caretta)
eastern indigo snake (Drymarchon corais couperi)

Birds

brown pelican (Pelecanus occidentalis)
bald eagle (Haliaeetus leucocephalus)
American kestrel (Falco sparverius paulus)
least tern (Sterna albifrons)
roseate tern (Sterna dougallii)

SPECIES OF SPECIAL CONCERN

Fishes

common snook (Centropomus undecimalis)

Table VI (continued)

Reptiles

American alligator (Alligator mississippiensis)

Birds

little blue heron Florida caerulea)
snowy egret gretta thula)
Louisiana heron Mdranassa tricolor)
reddish egret (Dichromanassa rufescens)
roseate spoonbill (Aiaia @a:jj@ajja

Sources: Fernald et al. The Sebastian Inlet Ft. Pierce Inlet Barrier
Island. A Profi7e of Natural CommunitTes, -Development Trends, and
Resource Management Guidelines. 1982.

Florida Game and Fresh Water Fish Commission. Endangered and
Potentially Endangered Fauna and Flora in Florida. October, 1984.

Gilmore, et al. Fishes of 'Indian River Lagoon and Adjacent Waters,
Florida. 1981.

U.S. Fish and Wildlife Service. Endangered and Threatened Wildlife
and Plants. 1984.

It wasn't until 100 A.D. that Indian settlement in the area rapidly expanded.
At that time there were some mound burials (restricted to individuals'of high
status) and shell middens that were composed almost exclusively of oyster
shells. Settlement was heaviest during 800 A.D. to 1513, the latter being the
point of first European contact. The Ais Indians, a tribe of the Timucuans,

occupied this part of the Florida coast. Ponce de Leon is usually credited

with being the first European visitor to the area, although there is some

speculation that Spanish slave hunters may have arrived first and alienated

the natives, a possible explanation for the poor reception received by Ponce

de Leon. At that time, the Ais population numbered between 600-1500, but

during the late seventeenth century through the first half of the eighteenth

century, the population was decimated by diseases and incursion from northern

Indian groups (primarily Creek and Cherokee).

The Ais consumed local fish and shellfish and palmetto berries, Coco plums,

cabbage palm and sea grapes. They moved their encampments and villages

seasonally to avoid flooding and stinging insects. Many Spanish and French

ships wrecked off the coast and the Indians often recovered valuables from

these sites.

Several archaeological sites exist in the Malabar to Vero Beach area. Encamp-

ments are marked by middens (accumulations of shells and tools used in

cleaning oysters and clams), while villages are identified by the presence of
both burial mounds and middens (Rouse, 1981). Two archaeological sites are

located in Malabar, and one is just south of the town of Grant. Several shell

heaps are located near Micco, a shell midden on the south bank of Sebastian

Creek near Roseland, two middens near Melbourne shores, and numerous middens

and shell heaps located just south of Sebastian Inlet and on several other

sites throughout the study area (Rouse, 1981; DAHRM, 1985).

During the Seminole Wars (1835-1842), the threat of Indian attacks restricted

settlement along the Indian River (Brevard County Comprehensive Plan, 1981).

However, the "Armed Occupation Act of 1842" gave 160 acres to any settler who

could hold the land for seven years, marking the real beginnings of develop-

ment in Brevard County. In March, 1844, Brevard County was established by the

Florida Territorial Council. By 1845, the Ais were no longer in existence as

a tribe.

Historically, the Spanish have had numerous ship wrecks on the East Central

Coa.st of Florida, thus giving it the title of "Treasure Coast". They also

left another treasure; oranges. Spanish law required all Spanish settlements

to plant orange seeds, the precursors of today's orange groves (Kjerulff,

1972).

D. Water Resources.

Water is the one resource whose characteristics most directly affect the

lagoon's habitability and the health of the plants and animals naturally

adapted to living there. The natural drainage b asin of the Indian River

Lagoon has been modified over the years by agricultural drainage canals and

residential development. There are four canal systems influencing the Malabar

to Vero Beach area.

The Sottile Canal (Sebastian Drainage District), the Fellsmere Main Canal
(Fellsmere Water Control District) and the C--@54 Canal (constructed as part of
a Federal Flood Control Project) directly affect the aquatic preserve (Clapp
and Wilkening, 1984). In addition, the Melbourne-Tillman Water Control

District, built in the 1920's, discharges drainage from 200 miles of canals

into Turkey Creek via C-1. The volume of water discharged influences the

water quality found within the aquatic preserve.

As a result of increased urbanization, the flow from these canal systems has

become significant and will continue to increase as development continues.

The urbanization also adds residential source water quality problems (septic
tanks, stormwater runoff) to those from agricultural sources. The agricul-

tural drainage systems, designed to facilitate rapid drainage, permit agricul-

tural and urban water quality.problems to overburden the In.dian River Lagoon.

There are no sewage treatment plants within the Malabar to Vero Beach Aquatic

Preserve, but five plants, located north of the boundary, potentially affect

water quality in the preserve. Three of the plants discharge into Turkey

Creek. The plants, their design capacities and their average daily flows are

as follows: General Development Utilities Plant, 2 million gallons per day

(MGD) and 1.2 MGD; and the two Harris Corporation Plants-150,000 GPD and

65,000 GPD; 700,000 GPD and 1.2 MGD. As of January 1, 1987, all plants

discharging into Turkey Creek will go to deep well injection systems that have

already been permitted by DER. A fourth facility, the South Beaches Plant,

located on the beach, has a design capacity of 3 MGD and an average daily flow

of 2.3 MGD. The fifth facility, the West Melbourne Plant, 1.25 MGD design and

operating at 670,000 gallons per day, discharges into Crane Creek.

Wastewater treatment along the aquatic preserve in Indian River County is

characterized by small plants from subdivisions, trailer parks, motels and

other developments. These plants represent a range of treatment levels and

methods. The County has recently become more concerned with discharge into

the Indian River and is inspecting the plants to see that they comply with

standards.

Within the next three to five years, Indian River County will be building

several sub-regional sewage treatment plants to meet the demands of its grow-

ing popUlation. At least one of these plants will be located on the Indian

River and may discharge treated sewage into mosquito impoundments. These

plans will be reviewed for their anticipated impact on the aquatic preserve.

The basic. characteristics of the Indian River Lagoon's water resources vary. in

response to daily, seasonal, and long term forces associated with climato-

logical factors. Added to this are the artificial conditions created by large

releases of freshwater from the manmade drainage canals, and the water quality

problems associated with agricultural and urban runoff. Some of the water

quality problems in the lagoon include high coliform counts and high levels of

nitrates attributed to the sewage treatment plant effluent and septic tanks
located adjacent to the aquatic preserve area (Brevard County, 1979).

Water circulation patterns in the lagoon have been altered by the construction

of mosquito impoundments, which prevent free water exchange between large

acreages of wetlands adjacent to the Indian River Lagoon. Dredge and fill

activities (i.e. maintenance of Sebastian Inlet and the Intracoastal Waterway)

destroy valuable wetland areas and temporarily increase turbidity. Other

problems associated with man's activities include altered salinity patterns

and pollution loadings resulting from the increased amounts and peak flows of

surface runoff and drainage.

Although the Indian River-Malabar to Vero Beach Aquatic Preserve does have

some water quality problems, as mentioned above, it is still a relatively

productive system, when compared to waters of the Indian River Lagoon Aquatic

Preserves to the south. However, the growth this area is now experiencing is

beginning to take its toll on the resources, and strategies*must be developed

to maintain or enhance water quality.

E. Cultural.

This section addresses the human influence and development of this area, as it

affects the aquatic preserve. The U.S. Census population for Brevard County

was 230,006 in 1970 and 272,959 in 1980, representing an 18.7 percent increase
(Terhune, 1984). The change in population for the South Beaches (census tract

661.02) is expected to be 62.3 percent; from 2,073 in 1980 to 3,365 in 1985.

For the South Mainland (census tract 652.03) a 44.1 percent change from 5,857

to 8,439 is expected for the same period (Brevard County Planning Department,

1984). The U.S. Census population for Indian River County was 35,992 in 1970

and 59,896 in 1980, a 66.4 percent increase (Terhune, 1984). The percentage

changes in population from 1980 to 1983 for Indian River Shores, Orchid,

Sebastian, and Vero Beach are 20.6, 21.1, 63.8 and 3.2, respectively. This

graphically indicates that the population increases associated with

residential development in the immediate area are quite significant. These

growth pressures on the Indian River Lagoon system increase the potential for

environmental degradation and deleterious effects on water resources and

wildlife.

The proposed Grand Harbor Development of Regional Impact (DRI), located on the

Indian River between Winter Beach and Vero Beach, covers 677 acres and in-

cludes 3,000 residential units, a resort hotel, golf course, tennis club,

marina and commercial area. Large developments have been proposed for areas

adjacent to the preserve, (e.g., Aquarina and Mullet Creek). The Brevard

County Land Use Plan for South Beaches includes the construction of two

causewavs within the preserve. These causeways and other large developments

could have a significant impact on the aquatic preserve.

Chapter V

RESOURCE MANAGEMENT

A. Introduction

The main objective of the resource management plan in the aquatic preserve is

to protect the resources of the aquatic preserves for the benefit of future

generations (Section 258.35, F.S.). The management of the Indian River--

Malabar to Vero Beach Aquatic Preserve will be directed toward the maintenance

of the existing or essential natural conditions. This part of the management

plan addresses the policies and procedures which both onsite and administra-

tive personnel will pursue. The onsite management will involve DNR's field

personnel assigned-to the aquatic.preserve. The adm.i'.nistrative management
will involve Div ision of Recreation and Parks' personnel (both in the field

and in Tallahassee) and Division of State Lands' personnel, cooperating in the

review of applications for use of state-owned lands and related activities

surrounding the preserve. These personnel will be interacting with various

government and non-government entities, interest groups, and individuals.

B. Onsite Management Objectives

The onsite management objectives are reflected in the activities that the

field personnel become involved in (i.e., observation, research, public

interaction, emergency responses, etc.) to protect and enhance the resources

within the aquatic preserve. Other activities, such as the interaction with

other government and non-government entities, are covered in more detail in

Chapter VI (Management Implementation Network). The field personnel's duties

are, with respect to management of the various uses of the aquatic preserve,

addressed in more detail in Chapters VII through XI. The field personnel will

generally be involved in all management activities concerning the Indian River

System.

1. Plant Communities

The communities of aquatic and wetland plants within the Preserve perform five

major functions vital to the health and productivity of the estuarine system:

a. they tend to stabilize geologic features in the face of dynamic

forces (i.e., currents, tides, winds, and waves), which often

act in concert to both erode and deposit;

b. they create, from recycled nutrients and solar energy, the

organic material that fuels the estuarine food web which

supports the area's fisheries, endangered species, migratory

waterfowl, colonial waterbird nesting colonies, raptors, marine

mammals, and marine and estuarine invertebrates;

c. they provide protected fisheries habitat for spawning and juvenile

development, many of which are of economic importance to the

commercial fisheries of the state and the nation;

d. they provide roosting and nesting habitat for water birds; and,

e. they physically buffer estuarine and riverine waters from

contaminated and channelized runoff from uplands within the

estuarine watershed and, in some cases, buffer the uplands from

storm waves and winds.

The management objectives for plant communities will be to maintain and

enhance these functions. Because these plant communities are critically

important to the well-being of the Preserve, a program to work toward the

protection and restoration of those communities now damaged or destroyed by

human activities should be developed.

Management Polic

a. Field.Familiari.zation and Documentation. Field personnel will become

familiar with the plant species and communities present in the aquatic

preserve, and locations of their occurrences.

b. Literature Familiarization. Field personnel will assemble a working

library of existing pertinent literature concerning the species and communi-

ties present in the aquatic preserve. Staff will become familiar with the

ranges, life histories, ecological requirements, productivity, importance to

water quality, contribution to landform stabilization, wildlife habitat

provision, fisheries habitat provision, and fisheries food production of the

plant communities within the aquatic preserves.

c. Preparation of Guidelines for Management of Endangered Species. Field

personnel, based on their field observations and literature reviews, will

develop maps (using 7.5 minute quadrangles) showing the locations of

threatened and endangered plant species withi-n the aquatic preserve. A set of

management guidelines for each species, outlining the habitat requirements and

the methods to sustain and/or restore these habitats will be developed. Field

personnel, in the course of documenting the occurrence of threatened and

endangered animals, will develop maps showing the locations and types of plant

communities used by these animals for nesting, roosting, feeding, resting,

spawning, etc., Literature information and personal observations will then be

used to develop guidelines for maintaining (or restoring if necessary) the

"critical habitat" required by each species.

d. Monitoring of Plant Communities for Natural Changes. Field personnel will

become familiar with the use of aerial photography and LANDSAT imagery, for-

the study and monitoring of plant communities (historicallyand at thepresent

time) and will use this remote sensing in conjunction with field observations

to monitor and document natural changes such as:

1. freeze damage.to, and recovery of, mangrove communities:

2. wind and wave damage to mangrove communities from storms and

hurricanes;

3. accretion-related seaward extension of mangrove communities;

4. erosion-related landward retraction of mangrove communities;

5. depositional burying of marine grassbeds communities;

6. invasions of exotic plant species and revegetation by native

species after exotic plant removal projects;

7. pathogen damage to and recovery of plant communities; and

8. disturbance or destruction of marine grassbeds by clam

harvesting methods.

e. Identification of Areas and Communities in Need of Restoration. Field

personnel will, as time permits, systematically survey the aquatic preserve to

determine the location, nature, and extent of environmental damages from human

activities and assess the possibility of restoring each site according to whe-

ther the site is publicly or privately owned, and the cost and effort

required.

f. Protection of Plant Communities. Field personnel shall protect the plant

communities from the various uses of sovereign lands within the aquatic

preserve according to the following guidelines.

1. Field personnel in their biological reports shall not recommend for

approval any proposed use of sovereignty submerged lands when the

plant communities in the proposed use area appear to be jeopardized.

i. Pruning of mangroves shall only be permitted for minimum

access from the mean high water line to a dock or pier.

The destructive clearing of mangroves in sovereignty lands

shall be strictly prohibited.

ii. Marine grassbeds communities shall not be removed or shaded to

such an extent as to cause the death of a significant area of

the community. They shall not be subjected to unacceptable

turbidity, decreased light penetration, propeller or net damage.

2. Field personnel shall be notified of applications for uses of

submerged lands within the aquatic preserve by the Bureau

of Environmental Land Management central office. No applica-

tions will be approved within C1 ass 1 and 2 Resource Protection

areas (see section B(6) of this chapter) without a thorough

review by the field personnel. The field personnel will

inspect the site, assess the potential impacts to the plant

communities, and then convey their recommendations to the

central office as required.

3. Field personnel will initiate various educational programs

and supplement existing educational programs designed to

increase public awareness of the damage that recreational, private

and commercial uses (i.e., propeller damage) can inflict on

marine grassbed communities. Education programs can also be

undertaken with other federal, state or local groups (i.e., Florida

Sea Grant, school boards, etc.)

4. Field personnel will develop an exotic plant control and

removal plan after monitoring the rate and extent of invasion

by exotic species, such as Brazilian pepper, Australian pine, and

melaleuca.

5. In cooperation with the East Central Florida and Treasure Coast

Regional Planning Council, field personnel will familiarize them-

selves with the results of a study under the Coastal Energy Impact

Program, in assessing the potential impacts of an oil tanker spill or

drilling rig accident on the natural resources of the Indian River

Lagoon.

g. Restoration of Plant Communities. Field personnel will consult with

professionals in the wetlands restoration/revegetation field to determine the

advisability of using healthy beds of marine grasses as a stock source to

restore damaged grassbeds. They will develop guidelines for restoring marine

grassbeds in the aquatic preserve.

Field personnel will identify easily accessible mangrove communities within

the aquatic preserve where a high density of mangrove seedlings coul d serve as

a nursery stock source for transplanting to restoration sites. Field personnel

will consult with professionals in the wetlands restoration/revegetation field

concerning proven procedures for transplanting and nurturing mangroves, and

.will develop guidelines for restoring mangrove communities in the aquatic

preserve. The restoration of mangrove communities has developed with proven

planting techniques and habitat development. The restoration of marine

grassbeds has not developed to the same level of proficiency at this time

within the Indian River Lagoon.

In the event that plant restoration is required as the result of a permit

application with DER, or as a result of any other process, the field personnel

will be responsible for monitoring the restoration activity. This may include

advising the individuals involved in the restoration work on the best tech-

niques under the available restoration guidelines. The field personnel will

monitor the success of the restoration project after the work is completed.

h. Identification of Research Needs.-Field personnel will identify research

needs concerning plant communities within the aquatic preserve with special

emphasis given to data needs that would increase the capability of field

personnel to manage plant communities und er environmental stress, and to

determine threshold tolerances for plant community health and diversity in

relation to degraded environmental conditions.

i. Coordination with Other Researchers. Field personnel will become familiar

with research projects being conducted within the aquatic preserve by state

and flederal agency biologists and non-government researchers. Water quality

research issues, as they affect plant communities, should also be closely

followed. This familiarization should lead to a better understanding of both

agencies' personnel and a better awareness of the data findings and uses. The

research liaison will also be addressed in Chapter X (Scientific Research).

2. ANIMAL LIFE

The richness of the animal life of the Indian River area is important to the

designation of the aquatic preserve. The fish, shrimp, and crabs within the

aquatic preserve, both in the estuary and offshore, are valuable resources on

which recreational and commercial fisheries depend. Large areas of undis-

turbed wetlands are excellent habitat for many types of wildlife. These wild-

life include an extensive list of endangered species, migratory waterfowl,

colonial waterbirds, invertebrates and vertebrates.

The management objective for animal life within the aquatic preserve will be

the protection through preservation of habitats and living conditions in the

most natural condition possible.

MANAGEMENT POLICY

a. Field Familiarization and Documentation. Field personnel will become

familiar with the major animal species in each habitat in the aquatic

preserve. This identification process will include the location, number,

season of sighting, weather conditions and any other factors which may be

necessary to build a working knowledge of the species, and their interaction

and occurrence in the aquatic preserve.

b. Literature Familiarizati-on. The field personnel will assemble a working

library of existing literature concerning the major animal species and

communities within the aquatic preserve. The field personnel will become

familiar with life histories, ecological requirements, position in the

community, habitat and other factors necessary for sound management.

c. Preparation of Guidelines for the Management of the Endangered Species

Within the Aquatic Preserve. The field personnel will become familiar with

the guidelines of the Florida Game and Fresh Water Fish Commission, U. S. Fish

and Wildlife Service, Department of Natural Resources' Division of Marine

Resources, National Marine Fisheries Service, Marine Fisheries Commission, and

any other applicable agencies and non-government organizations involved in the

management of endangered species. These guidelines will be used in conjunc-

tion with the field familiarization, documentation, and mapping to develop

management guidelines for each endangered species within the aquatic preserve.

Special guidelines shall be developed and implemented for the management of

areas within the aquatic preserve that are identified as critical habitat for

endangered species.

d. Manatee Management. When applications for us,e of submerged lands within

the preserve or adjacent upland activities will affect a manatee sanctuary or

manatees known to use an area (see Chap. IV-B7), field personnel will notify

the State Manatee Coordinator. These applications or.activities will require

the coordinator's authorization and approval before they can be recommended by

BELM. Field personnel will also work with the coordinator in the practice and

procedures of the following activities:,.

i. Monitor the preserve for manatee activities and maintain a manatee

sighting map for the preserve. This mapping will take special note

of large seasonal aggregations. A manatee reporting and data

collection system will be established and will make use of other

government personnel and private individuals where possible.

ii. Identify and map shallow water and narrow areas where manatee

boat/barge collisions are more likely.

iii. Identify any other areas for additional manatee sanctuaries, special

channel marking, and slow speed zones.

iv. Applications for use of submerged lands will be reviewed for design

and operation that are least dangerous and disruptive to manatees.

Approved uses within manatee use areas should require manatee caution

signs and any other requirements that will guarantee manatee health

and safety.

v. The creation of new marinas and multiple slip residential docking

facilities should be prohibited in manatee sanctuaries and severely

limited in identified manatee use areas. The significance of a

threat by such proposed facilities shall be established by the State

Manatee Coordinator.

vi. The creation of canals and basins within or contiguous to manatee

sanctuaries shall be prohibited.

vii. Assist local governments in the incorporation of manatee issues into

their marina siting elements.

viii. Schedule and monitor activities within manatee use areas during

seasons of lowest use.

ix. Assist in public awareness education efforts.

e. Monitoring Changes in Animal Populations. Field personnel will study and

monitor changes in animal species that are caused by natural phenomena, such

as:

i. freezes;

ii. storms and hurricanes;

iii. changes in habitat due to changes in plant types;

iv. changes in habitat due to water quality changes; and

v. geologic or hydrologic changes including erosion,

estuarine current flow changes, and any other physical

changes.

f. Protection of Animal Life From Human Uses of the Aquatic Preserve.

Field personnel, during the process of resource impact analysis in the review

of use applications in or affecting the preserve, shall consider the

protection of animal species. The review shall also consider the potential

effects of the proposed use on the plant communities as they function as

habitat for the animal life and uses that may cause a disturbance in the

natural activities and functions of the animal life (e.g., air pollution,

excessive noise or bright lights affecting a bird rookery). The field

personnel should be notified of any proposed activities (e.g., seismic

testing, mammal capture by permit) within the aquatic preserve that might

affect the well-being of animal life and should be involved in planning the

activity so as to cause the least amount of stress on animal life.

The field personnel will also.work with Division of Marine Resources in

research and monitoring various fishing techniques that may be destructive to

habitat resources and nontarget animal life.

g. Identification of Research Needs. The field personnel in the course of

their duties shall identify research needs required to improve the management

of animal life in the aquatic preserve. This identification process is more

fully described in Chapter XII (Identified Program Needs).

h. Coordination with Other Researchers. Field Personnel will become familiar

with research projects conducted within the aquatic preserve by state and

federal agency biologists and non-government researchers. This

familiarization should lead to a better understanding of both agencies'

personnel and a better awareness of the data findings and uses. The research

liaison will also be addressed in Chapter X (Scientific Research).

3. GEOLOGIC FEATURES

The management of geologic features will require that the field personnel

become aware of the natural geologic features and the changes, both human and

natural, which affect these features within the aquatic preserve to better

enable a review of applications for state-owned land uses that might affect

these features. These geologic features will include inlets, islands, shoals,

shorelines, embayments, and channels. The overall objective of the management

of these features is to allow the naturally dynamic system to operate without

man's influence or interference. Active management in this area shall include

the review of proposed uses that might affect the geologic features within the

aquatic preserve. The majority of these reviews will probably concern

bulkheads, bridges and channels as they might affect state-owned lands. The

objective in the placement of bulkheads on lands upland of the aquatic

preserve shall be that the natural contour and drainage be altered to the

least amount practicable. The use of rip rap with mangrove or other suitable

native plantings would be preferable to bulkheads within the preserve.

Bulkheads are not allowed within the preserve, except as stated in Sections

258.42(2), and 258.44 F.S. and in accordance with the management objectives of

the preserve.

Existing bridges and causeways within other sections of the Indian River have

resulted in losses of grassbeds and mangroves. Proposals for bridge and

causeway -tonstruction within the preserve will be reviewed in light of these

potential impacts. Causeways restrict natural flushing and create unnatural

circulation patterns.

Maintenance dredging of existing channels should also be carefully studied to

remove conditions that require perennial maintenance and chronic environmental

disturbances. New channels also have the potential to adversely impact the

aquatic preserves, with varying influences in each preserve, depending on

channel location.

The field personnel shall also be involved in the review of project proposals

submitted to other agencies, such as the U.S. Army Corps of Engineers,

Department of Environmental Regulation, the Department of Transportation or

the Water Management Districts, and shall formally review and comment on any

permit application that impacts the aqqatic preserve. These projects shall be

reviewed jointly with those agencies' personnel whenever possible. The field

personnel will review these projects on behalf of the aquatic preserve and its

resources.

4. ARCHAEOLOGICAL AND HISTORICAL SITES

Archaeological and historical sites have several characteristics which must be

recognized in a resource management program.

i. They are a finite and non-renewable resource.

ii. Each site is unique because individually it represents the

tangible remains of events which occurred at a specific time and

place.

iii. While these sites uniquely reflect localized events, these

events and the origin of particular sites are related to

conditions and events in other times and places. They also

preserve traces of past biotic communities, climate, and other

elements of the environment that may be of interest to other

scientific disciplines.

iv. These sites, particularly archaeological sites, are very fragile

because their significance is derived not only from the

individual artifacts within them, but especially from the

spatial arrangement of those artifacts in both horizontal and

vertical planes.

Administering Agency.

The management of the archa.eological and historical sites is authorized and

administered by the Division of Archives, History and Records Management
@DAHRM) in the Florida Department of State. The management authority for this

area of manauement is presented in Chapter II (Management Authority).

Management Policy.

The management policy presented here is one of conservation, as recommended by

the DAHRM and subject to that agency's changes. Their policy is as follows:

1. The field personnel and all other agencies planning activities

wit,hin the aquatic preserve shall coordinate closely with DAHRM in

order to prevent any unauthorized disturbance of archaeological

and historical sites that may ex ist on the affected tract. DAHRM

is vested with the title to archaeological and historical resources

abandoned on state lands and is responsible for administration and

protection of such resources (Section 267.061(l)(b), F.S.). It is

illegal to destroy or otherwise alter sites on state lands without a
permit from DAHRM (Section 267.13, F.S.). Therefore, agencies

planning activities should coordinate their plans with DAHRM at a

sufficiently early stage to preclude inadvertent damage or destruc-

tion to these resources.

The nature of these sitesy.fragility and vulnerability to.loo.ting and

other destructive forces requires that the location of these sites to

little known, if the location is known at all. In many instances

DAHRM will have knowledge of the known and expected site distribution

in an area. Special field surveys for unknown areas may be required

by DAHRM to identify potential endangerment of a proposed activity to

these archaeological and historical sites. This will be especially

necessary in the case of activities contemplating ground disturbance

over large areas.

3. In the case of known sites, activities that are expected to alter or

damage sites shall alter their management or development plans as

necessary, or make provisions so as not to disturb or damage such

sites prior to professionally acceptable and authorized mitigation.

4. If in the course of a management activity, or as a result of

development or the permitting of dredge/fill activities, it is

determined that valuable historic or archaeological sites will be

damaged or destroyed, DAHRM reserves the right to require salvage

measures to mitigate the destructive impact of such activities on

such sites (Section 267.061(l)(b), F.S.). Such salvage measures

shall be accomplished before DAHRM would grant permission for site

destruction.

5. Excavation of archaeological sites in the near future is discouraged.

Archaeological sites within the aquatic preserve should be left

undisturbed for the present, with particular attention devoted to

preventing site looting by "treasure hunters".

6. Field personnel will note suspected sites for future surveys by

DAHRM. Cooperation with other agencies in this activity is also

encouraged by DAHRM. The DAHRM will help inform the field personnel

about the characteristics and appearance of these sites.

7. Any discovery of instances of looting or unauthorized destruction of

these sites will be reported to the DAHRM so that appropriate action

may be initiated. The Florida Marine Patrol and other enforcement

personnel of DNR shall provide enforcement assistance to DAHRM and

make arrests or investigate cases of looting or other unauthorized

destruction of archaeological sites. The field personnel will follow

the above management policy and become familiar with the personnel

involved with this task in DAHRM and their procedures for identifying

suspected sites.

5. WATER RESOURCES

Responsible management of water resources for the protection of human health

and recreational enjoyment of aquatic preserve waters, as well as for the

protection and enhancement of the preserve's plant and animal communities is,

without a doubt, the most critical aspect of aquatic preserve management.

Research to understand how human activity can alter or detrimentally affect

the dynamic characteristics of the preserve's various.habitats can be

approached confidently after monitoring data has been used to model the

effects of naturally occurring variations on the same habitat. Only a single

toxic substance may be necessary-to initiate irreparable ecological damage
and'change in the water resources of the aquaiic preserve estuarine ecosystem.

Management Policy

The successful management of the water resources of the aquatic preserve

depends heavily on other government agencies (i.e., DER and the Water

Management District) charged with regulating water quality and quantity. The

objective of the water resources management shall be to maintain the naturally

high water quality and to ensure the natural seasonal fluctuations of fresh

water into the estuary. Sources of water resources data from non-government

agencies, are dependent on or may be found among colleges, universities,

scientific foundations and private consultants working in the Indian River

area. These various entities have interests at many different levels and

areas within the riverine and estuarine system. The aquatic preserve

management program will manage the water resources through coordination with

these various entities. The field personnel will not conduct water sampling,

but through the review of these data from other entities and from their own

field observations, they will be able to identify water resource problems in

the aquatic preserve. Efforts will be made to ensure consistency in proJect

design and sampling techniques so that data from various studies can be used

for integrated analysis.

a. Familiarization with the Jurisdiction, Personnel, and Monitoring Programs

of Government Agencies and Other Entities. Field personnel will become

thoroughly familiar with the jurisdiction, personnel and monitoring programs

of other agencies, institutions and corporations involved in studying,

monitoring, regulating and managing water resources within the aquatic

preserve and the drainage basins which provide fresh water to this preserve.

Those agencies known to be working or having potential activities affecting

the preserve are listed below; others may be added as they are identified.

1. Florida Department of Environmental Regulation

2. Brevard County Health Department

3. Brevard County Environmental Services

4. Indian River County Health Department

5. St. Johns Water Management District

6. U. S. Geological Survey

7. U. S. Fish and Wildlife Service

8. East Central Florida Regional Planning Council

9. East Central Florida Marine Resources Council

10. Treasure Coast Regional Planning Council

11. Florida Game and Fresh Water Fish Commission

12. Florida Department of Natural Resources Marine Research Laboratory

13. University of Florida

14. Florida Institute of Technology

15. University of Central Florida

16. U. S. Environmental Protection Agency

17. Florida Power and Light Company

18. Florida Inland Navigation District

19. Harbor Branch Foundation

20. Sebastian Inlet Authority

21. Fellsmere Water Control District

22. Department.of Natural Resources-Shellfish Sanitation Section

b. Monitoring of Water Resources by Cooperative Data Collection and Review.

Field personnel will: 1. promote coordination among involved agencies in

planning monitoring programs and in evaluating monitoring data; and 2. monitor

water resources within the preserve by reviewing the data collected and

compiled by those agencies as it applies to the aquatic preserve and its

resources.

c. Review of Permit and Lease Application for Aquatic Preserve Uses and

Watershed Activities that would affect the Preserve Water Resources. Field

personnel will review sovereign land lease applications, development of

regional impact reviews, and DER/COE permit applications in cooperation with

other agencies as necessary, and as outlined in Chapter V (C) for their

potential impact on the water resources of the aquatic preserve.

d. Familiarization with and Monitoring of Activities and Users which

Regularly Contribute Pollutants to Preserve Waters. Field personnel will

become familiar with the activities and users which regularly or potentially

contribute pollutants to the waters of the aquatic preserve. This monitoring

will be accomplished directly by field observations and indirectly by review

of other entities' water resources data. Field personnel will encourage and

coordinate with other agencies involved with water resources monitoring to

consider more detailed field monitoring in areas of the preserve where the

incidence of polluting activities is found to be high. These monitoring

activities will also'include the monitoring of freshwater releases into the

preserves and their effect on the environment.

These activities will also be applicable to Chapter X (Scientific Research),
and the coordination through Chapter VI (Management Implementation Network).

The field personnel's onsite presence will be complemented by their reliance

on other agencies and entities for data and regulation. The field personnel

will have the ability to visually monitor water resource crises and phenomena

as they occur and when they affect other resources.

6. CUMULATIVE IMPACT ANALYSIS

Cumulative Impacts are the sum total of major and minor changes or effects

upon a natural system. Taken singularly these effects may not constitute a

notable change in the condition of the natural system, but as these single

changes or uses accumulate, their combined impact may result in a substan-

tive environmental disturbance or degradation of the natural system.

The review of proposed uses in the aquatic preserve from the perspective of

cumulative impact analysis requires a thorough knowledge of the natural system

and the various interactions and dynamics within that system. This aquatic

preserve management program will initiate development of a cumulative impact

analysis program. The evaluation of cumulative impacts shall include the

following criteria from Chapter 16Q-20 F.A.C.:

"(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 which are

currently under consideration by the department; and

(3) Direct and indirect effects upon the preserve and

adjacent preserve, if applicable, which may reason-

ably be expected 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 comprehensive

plans adopted by affected local governments, 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."

The availability of onsite reserve staff who are familiar with the distinctive

characteristics of this system, coupled with their ability to access LANDSAT

imagery and mapping, and other data sources, is the key to development of a

successful cumulative impact analysis program. As cumulative impacts are

identified for specific areas and/or resourcesi they will become an integral_

part of the project analysis and decision-making process.

7. MANAGEMENT OF ENCROACHMENTS

The management of encroachments in the preserve will concern the unauthorized

placement of structures, unauthorized dredging or filling, or other illegal

- also include illegal
uses in the aquatic preserve. These encroachments might

activities associated with an approved use (e.g., extension of a dock,
construction of boat houses, extension of an approved channel).

The management policy for the field personnel, after identification of a

suspected illegal encroachment, will involve a reportinq procedure and the

monitoring of the remedial action. After a field identification of suspected

encroachments, field personnel will notify the central office to verify the

title of the property and research the possibility of the use being an

approved activity. Due to the extensive areas involved in the aquatic

preserve, this will be a progressive activity depending on the field per-

sonnel's eventual familiarization with the.preserve and the approved uses.

The potential for unauthorized activities in such an extensive area may

possibly require some type of mapping and recording system to assist the field

personnel in their monitoring.

The management action for verified illegal encroachment will be developed by

the agencies specifically involved (i.e., DNR, DER). The field personnel will

assist, as necessary, with field evaluations or other support activities. The

final action will be monitored by the field personnel, at the direction of the

Trustees to the central office. The procedures followed in these applications

will be decided on a case by case basis.

C. Resource Mapping and Resource Protection Areas

The efficient description and location of resources within such a large area

requires the use of remote sensing techniques. This work will be done in

conjunction with DNR's Marine Research Laboratory's Assessment of Fishery

Habitat Loss Study in the Indian River Lagoon. Marine Research Laboratory

personnel have developed resource and habitat indentification mapping through

the use of LANDSAT (satellite) imagery and aerial photography.

The vegetation and land use mapping done in this study will become the basis

for the development of a Resource Protection Area management system in the

aquatic preserves. This mapping system will identify and classify various

resources within the aquatic preserves that require protection by the

management program. This mapping system will also give acreage totals for

each land use and vegetation classification in the preserves. The vegetation

portion of the mapping will be augmented over time by wildlife and fisheries

information (endangered species, bird rookeries, etc.), archaeological and

historical site information and other resource factors deemed crucial to the

continued health and viability of the aquatic preserves.

The onsite managers will supplement this mapping with the above information to

develop and update a Resource Protection Area (RPA) mapping program. The RPA

mapping system is based on three levels of resource clas-sification. The Class

1 level will contain resources of the highest quality. Uses proposed for

these areas will receive the most rigorous review. The Class 1 level will

include one or more of the following: marine grassbeds; mangrove swamp;

saltwater marsh; oyster bars; archaeological and historical sites (upland and

submerged); endangered species habitat; colonial waterbird nesting sites; and

other appropriate factors.

The Class 2 areas will be defined as those areas containing the resources of

Class 1, but in a transitional condition compared to Class 1. These resources

will either be building toward Class 1 status or declining to Class 3 status.

Class 2 areas will require careful field review as to the specific area's

sensitivity to each proposed use. In some respects, these areas may be as

sensitive or more sensitive to disturbances as Class 1 areas. The resources

of Class 2 will include: marine grassbeds; mangroves in scrub condition or

colonizing new lands; saltwater marsh colonizing new lands; and other

resources of Class 1 type that fit in the Class 2 condition.

Class 3 areas will be characterized by the general absence of the attributes

of the above two classes. Class 3 areas may have small localized Class I or 2

areas within them. Class 3 will generally have deep water areas or areas with

no significant vegetation or wildlife attributes. Nearshore and bottom areas

significantly modified by man will be designated Class 3.

These RPA maps will require periodic revisions as the onsite managers learn

more about the resource's reactions to man's uses. Scientific research and

other data additions may also require modification of this system. Natu ral

changes will also require modification of this classification system.

Periodic checking by LANDSAT satellite imagery will become useful for remote

sensing monitoring as its use is more fully developed.

The RPA maps will become a planning tool for both onsite and central office

staff. More detailed field review will still be required to supplement this

information on a case by case basis, as necessary.

The initial development, as well as periodic review, will require the support

and assistance of the many other resource regulating and managing agencies, as

well as local and regional government entities. Support will also be

requested from the colleges, universities, foundations and other interest

groups and individuals.

The RPA mapping will use the USGS 7.5 minute quadrangle map format for

vegetation and these maps, after public notice and opportunity for public

review and comment, will be placed in Appendix D of the aquatic preserve

management plan. It is recognized that mapping at this scale may not

adequately define small areas which do not qualify for the RPA class level

assigned to a general area.

D. Administrative Management Objectives

This section of the chapter addresses the role of the central office, in the

aquatic preserve management planning and implementation process. The central

office's role is qenerally interpreted within the context of coordinating

activities with the field personnel. This coordination linkage is important

to many program aspects, including project review and evaluation, local

contact initiation, administrative rule development, contractual services and

conflict resolution, not to mention the routine support (payroll, operating

expenses, etc.) usually extended by the central office to the onsite managers.

All program activities identified within this context are designed to protect

and enhance the environmental, educational, scientific, and aesthetic

qualities of the natural systems of the aquatic preserve.

1. Objectives

Specifically, the following administrative objectives are an essential part of

the aquatic preserve management program.

a. To ensure a comprehensive, coordinated review and evaluation of

proposed activities potentially affecting the environmental integrity

of the aquatic preserve.

b. To serve as the link between aqu atic preserve field personnel and

state agencies and programs which originate in Tallahassee.

c. To serve as the primary staff in the development of administrative

rule additions, deletions, and revisions.

d. To serve as the administrative staff for contractual agreements and

services.

e. To establish and maintain a conflict resolution process.

f. To review all existing and past activities as to their affect on the

environmental integrity of the aquatic preserve.

2. Project Review a-nd Evaluation

A major element in the administration of an aquatic preserve management system

is the establishment of a thorough project review process. It is the program

intent that the central office staff review all proposed activities requiring

the use of state-owned lands within the preserve.

Sections 258.42 through 258.44, F.S., establish the legal context within which

all proposed uses of the aquatic preserve must be evaluated.

Essentially, these sections require that projects be basically water dependent

or water-enhanced, not contrary to the lawful and traditional uses of the

preserve, and not infringing upon the traditional riparian rights of the

upland property owner.

The primary mechanism through which proposed uses are reviewed is accomplished

by participation in the state lands management process as established by

Chapter 253, F.S., and modified by Chapter '2158, F.S. The central office was

administratively designated, on October 4, 1982, as an agent of the Trustees,

for the purposes of evaluating the environmental consequences of proposed uses

of state-owned lands within aquatic preserves.

In conducting the environmental evaluations, the central office staff will

rely heavily upon the most current, readily available data such as Department

of Transportation (DOT) aerial photography, LANDSAT imagery, DER biological

reports, and other data resources (see Appendices C and D). If a proposed

activity is legally consistent with the maintenance criteria outlined in

Section 258.42 F.S. and Chapter 16Q-20, F.A.C., and is generally of negligible

environmental concern, then the project review will likely be conducted in its

entirety by the central office staff, utilizing the generalized environmental

data.

The field personnel will be requested to conduct a more detailed environmental

assessment of the project if the central office staff, during the course of

the preliminary application review, determines that the requested use of

state-owned lands may have a significant effect upon the environmental

integrity of the preserve. Copies of all applications received will be

provided to the field personnel for project monitoring and assessment of the

possible cumulative impacts.

Field personnel will be encouraged to establish direct communication links

with the various regulatory and management agencies for purposes of obtaining

advance notification of projects potentially affecting the preserve. All

environmental review and assessments, however, will be channeled through the

central office unless other arrangements have been previously cleared with the

central office.

While the State Lands Management Program authorized by Chapters 253 and 258,

F.S. and Chapters 16Q-20 and 16Q-21, F.A.C. is expected to be the primary

management implementation vehicle for the aquatic preserve, it is by no means

the only vehicle. Section 253.77, F.S., as amended, and the December, 1982

Memorandum of Understanding between the COE, DER and.DNR provide direct access

to DER's permitting process for DNR. The Development,of Regional Impact (DRI)

and other regional or state level review processes represent other implementa-

tion mechanisms. The basic review approach and the evaluation relationship

between the field personnel and the central office staff will be the same as

the case involving the State Lands Management program.

One aspect of the aquatic preserve review and evaluation program is the

identification of proposed activities that are either generally or specifi-

cally prohibited. Immediately upon review of such project applications, the

central office staff will notify the Division of State Lands (or other program

managers) that the proposed activity is legally unapprovable for the stated

reasons. For those proposals which are subject to denial due to their adverse

environmental impacts, even though the activity may be permissible, Section

258.42, F.S., specifically provides that:

"(1) No further sale, lease, or transfer of sovereignty submerged

lands shall be approved or consummated by the trustees except

when such sale, lease, or transfer is in the public interest.

(2) The trustees shall not approve the waterward relocation or setting

of bulkhead lines waterward of the line of mean high water within

the preserve except when public road and bridge construction

projects have no reasonable alternative and it is shown to be

not contrary to the public interest.

(3) (a) No further dredging or filling of submerged lands shall

be approved by the trustees except the following activities

may be authorized pursuant to a permit:

1. Such minimum dredging and spoiling as may be authorized

for public navigation projects.

2. Such minimum dredging and spoiling as may be authorized

for creation and maintenance of marinas,'piers, and docks

and their attendant navigation channels.

3. Such other alteration of physical conditions as may, in

the opinion of the trustees, be necessary to enhance the

quality or utility of the preserve or the public health

generally.

4. Such other maintenance dredging as may be required for

existing navigation channels.

S. Such restoration of land as authorized by S. 253.124(8).

6. Such reasonable improvements as may be necessary for

public utility installation or expansion.

7. Installation and maintenance of oil and gas transportation

facilities, provided such facilities are properly marked

with marine aids to navigation as prescribed by federal

law.

(b) There shall, in no case, be any dredging seaward of a

bulkhead line for the sole or primary purpose of providing

fill for any area landward of a bulkhead line.

this will not prohibit the state from leasing the oil and

gas rights and permitting drilling from outside the

preserve to explore for oil and gas if approved by the

board.

(d) There shall be no excavation of minerals, except the

dredging of dead oyster shells as approved by the

Department of Natural Resources.

(e) There shall be no erection of structures within the

preserve, except:

1. Private docks for reasonable ingress or egress of

riparian owners;

2. Commercial docking facilities shown to be consistent

with the use or management criteria of the preserve;

and

3. Structures for shore protection, approved navigational

aids, or public utility crossings authorized under

subsection (3)(a).

M No wastes or effluents shall be discharged into the

preserve which substantially inhibit the accomplishment

of the purposes of this act.

(g) No nonpermitted wastes or effluents shall be directly

discharged i-nto the preserve which substant-ially
y

inhibit the accomplishment of the purposes of this act."

Generally, applicants desirous of appealing staff recommendations will have to

follow those appellate procedures outlined in the appropriate authorizing

statutes. In the case where applications requesting the use of state-owned

lands are denied, three appellate procedures are available to the applicant.

Depending upon the type of application submitted, an applicant may:

a. Ask the Governor and Cabinet to overturn an application decision

rendered by the Executive Director of Department of the Natural Resources

(or his designee) under a delegation of authority;

b. Request an Administrative Hearing under the procedures outlined in

Chapter 1210, F.S.; or

c. Appeal the action of the Board of Trustees of the Internal Improvement

Trust Fund to the District Court-of Appeals.

3. Liaison Between Field Personnel and 0 ther Interested Parties

One of the most important aspects of the field personnel's job is to establish

a mutually beneficial communication link with pertinent interest groups. The

central office staff will assist in initially identifying and contacting

governmental bodies, special interest groups and interested individuals

requiring aquatic preserve program coordination.

When requested by the onsite managers, the central office staff will assist

in arranging for specialized management expertise not generally available

locally. This may include, for example, such things as arranging for DAHRM

to conduct a detailed cultural resource assessment for certain areas of the

the preserve.

Chapter VI

MANAGEMENT IMPLEMENTATION NETWORK

This chapter of the management plan will address the various relationships of
aquatic preserve management to the different government agencies and programs,

non-government entities, interest groups, and individuals within the aquatic

preserve area. The activities of both field personnel and central office

staff as they relate to these other organizations will be presented.

A. FEDERAL

Many federal agencies have property interests, land and wildlife management

programs, research activities, construction activities, and regulation

programs existing or potentially existing within the aquatic preserves. The

objective of the aquatic preserve management program will be to complement the

various activities wherever possible. The field personnel will assist those

federal agencies in areas where they have common goals. The field personnel

and central office staff will also review the federal activities as to their

effect on the objectives of the aquatic preserve management. This review

shall be coordinated through the DER's Office of Coastal Management for the

purposes of enforcing the provisions of the Federal Coastal Zone Management

Act of 1972, as amended.

1. United States Fish and Wildlife Service. The aquatic preserve program

will be involved in the review of proposed preserve uses in conjunction with

the Fish and Wildlife's Division of Ecological Services in Vero Beach. This

division reviews dredge and fill requests and other federal level permitting

under the Fish and Wildlife Coordination Act.

Another management program in which the field personnel could possibly

interact with the Fish and Wildlife Service is the protection and recovery of

endangered species and bird rookeries within the aquatic preserve. Field

personnel will become involved in using available recovery techniques for this

purpose, as necessary.

2. U.S. Army Corps of Engineers. The U.S. Army Corps of Engineers (COE) is

charged with providing technical guidance and planning assistance for the

nation's water resources development. The COE also provides supervision and

direction to many engineering works such as harbors, waterways and many other

types of structures. Their major responsibility, as it applies to the aquatic

preserve, is the protection of navigable waters, pollution abatement and

maintaining water quality and the enhancement of fish and wildlife.

The COE activities in the Malabar to Sebastian area include their involvement

with the DER in the dredge and fill permitting process, technical oversight of

channel, inlet and canal maintenance, and evaluating requests for new

channels, canals and other such public works projects. The field personnel

will become familiar with the various programs, policies and procedures as

they apply to the aquatic preserve.

The field personnel and central office staff will also review activities

proposed by the COE for conformance to the objectives of the aquatic preserve

management plan. This involvement should begin in the early stages of project

planning in order to facilitate the best protection of the aquatic preserve

possible.

3. U.S. Geological Survey. The U.S. Geological Survey (USGS) under the

Department of the Interior has the responsibility to perform surveys,

investigations, and research pertaining to topography, geology, and the

mineral and water resources of the United States. USGS also publishes and

disseminates data relative to those preceding activities. In the past the

USGS has conducted many studies on various resources in the region.

The field personnel and central office staff will become familiar with these

studies and the data results as they apply to their management activities.

4. U.S. Environmental Protection Agency.- The U.S. Environmental Protection

Agency (EPA), in cooperation with state and local governments, is the federal

agency responsible for the control and abatement of environmental pollution.

The six areas of pollution within which the EPA is concerned are air, water,

solid waste, noise, radiation and toxic substances. The DER is the state

agency responsible for handling most of these programs on a state level in

lieu of a federal program. Within the aquatic preserve, the field personnel

will assist the EPA in plan.ning field activities and where there are common

goals.

5. U.S. Coast Guard. The U.S. Coast Guard is the federal agency involved in

boating safety, including search and rescue when necessary. The Coast Guard

is also charged with the permitting of structures which affect navigation and

boating safety. These structures include bridges, causeways, aerial utilities

and other structures which may be in conflict with navigational uses. The

field personnel, in conjunction with the central office staff, will also

review projects which the Coast Guard may be evaluating for permits.

6. National Marine Fisheries Service. The National Marine Fisheries Service

(NMFS) under the U.S. Department of Commerce is active in the Indian River

area in recording commercial fish landings. The NMFS also has enforcement

officers in the area checking for illegal fishery activities. The field

personnel will work with these personnel whenever they have common goals

within the aquatic preserve.

B. STATE

Many state agencies have programs which affect the resources or regulate

activities within the aquatic preserve. There are also other DNR programs

that are within or affect the Indian River--Malabar to Vero Beach Aquatic

Preserve. This section will describe the interactions and relationships of

these various agency programs and how they relate to aquatic preserve

management.

1. Department of Environmental Regulation.. The Department of Environmental
Regulation (DER) is responsible for regulating air and water quality and, in

some cases, water quantity (through the water management district) within the

Indian River. The DER is also the local contact for the initiation of dredge

and fill applications in conjunction with the COE and DMR. With respect to

water quality and dredge and fill regulation, the DER is possibly one of the

100

most important agencies to the management of the aquatic preserve. The water

quality of the preserve is the most important factor to the health of the

estuarine complex, and dredge and fill activities are one of the most

potentially destructive activities within the preserve. The DER also

regulates other forms of pollution, such as air, noise, wastewater and

hazardous waste, which may be important in the future to the preserve.

The field personnel will become familiar with the water quality, dredge and

fill, and other regulatory programs that are important to the aquatic

preserve. The field personnel should develop a close working relationship

with DER staff and become familiar with DER field.activities and programs that

are in common with the objectives of the aquatic preserve management program.

The field personnel should open the most efficient line of communication with

the local offices to receive,the permit applications from DER as s.oon as

possible to improve the response time within the review process.

The DER, Office of Coastal Management is charged with coordinating activities

related to coastal management in the state and reviewing federal actions for

consistency with the State Coastal Management Program, Section 380.20, F.S.

The central office staff will maintain a close relationship with the Office of

Coastal Management for assistance in the review of federal actions, data and

research needs, and other program support.

2. Department of Community Affairs. The Department of Community Affairs
(DCA) is responsible for reviewing Developments of Regional Impact (DRI) and

for designating Areas of Critical State Concern (ACSC). DRI's are major

developments that have impacts on a scale which is greater than county level

101

and require a regional review from neighboring local governments and state

agencies. Both the central office staff and field personnel of the aquatic

preserve program will be involved in reviewing DRI's. The field personnel

should receive notice of a DRI through th e central office staff and will

proceed with the field review. The central office staff will coordinate the

field review findings and work with the other state agencies in Tallahassee in

the review of the DRI.

Hutchinson Island, a barrier island between Sebastian Inlet south to Jupiter

Inlet, is presently under review by the DCA. The ACSC staff of DCA completed

the Hutchinson Island Resource Planning and Management Plan and it was enacted

by the Governor in 1983. This region was identified as a possible ACSC and a

Resource Planning and Management Program (RPMP) was established as a prelim-

inary review for this designation.

The ACSC program is intended to protect the areas of the state where unsuit-

able land development has endangered or may potentially endanger resources of

regional or statewide significance. The RPMP evaluates the resources, and the

local government's land development practices. After this evaluation is com-

plete, the RPMP committee makes recommendations to the local governments on

how their land development practices could be improved to ensure an orderly

and well-planned growth that would protect the critical resources. The local

governments, counties and cities, are now in the process of making these land

development modifications, based on the RPMP recommendations. If these

modifications are not made to the RPMP Committee's approval, those areas of

local government that are not in conformance could be designated an ACSC or

the entire area may be designated an ACSC by the Legislature. Under and ACSC

102

designation, the local governments are required to notify DCA of any

application for a development permit. The entire land development process

will require the state's oversight until that local government modifies its

land development practices to conform to the ACSC requirements. The

recommendations of the Hutchinson Island Resource Planning and Management

Committee as they apply to the aquatic preserves have been included into this

plan.

3. Department of Natural Resources. The aquatic preserve management program

is associated with several other Department of Natural Resource (DNR) programs

in the Malabar to Sebastian area.

DNR's Marine Research Laboratory in St. Petersburg, under the Division of

Marine Resources, has several programs and projects within this area which

will benefit the aquatic preserve program.- The Marine Lab is presently

studying fishery habitat losses in the Indian River area. The Resource

Protection Area mapping, which will be used in the management of these aquatic

preserves, was created as a product of that fishery habitat loss study. The

data from this project, when it is completed, will be incorporated into this

management plan. The Marine Lab staff are also involved in manatee protection

programs and the lab is the headquarters of the State Manatee Coordinator.

The field personnel will become familiar with these studies and programs, and

will consult the Marine Lab for their data needs whenever possible.

The Division of Marine Resources also handles the permitting for the

collection of certain marine species and use of certain chemicals. The field

103

and central office staff will become familiar with this permitting process and
request notification of these permits within the aquatic preserve.

The Marine Patrol, under DNR's Division of Law Enforcement, also operates in
the Indian River. The field personnel will become familiar with their pro-

grams and operation, and will call on the Marine Patrol for law enforcement

support as required.

The Division of State Lands within the DNR is charged with overseeing uses,

sales, leases or transfers of state-owned lands. The aquatic preserve staff

will interact with State Lands in all transactions concerning submerged lands

within the aquatic preserve. These would include the potential acquisition of

privately titled submerged lands or contiguous uplands important to the

integrity of the preserve. This relationship is more fully described in

Chapter V(C).

The Division of Resource Management, through the Bureau of Geology and Aquatic

Plant Research and Development, is responsible for various programs poten-

tially affecting the aquatic preserve. Staff will establish communication

links with this Division to ensure that adequate consideration is given to

potential impacts upon the preserve that may result from the conduct of their

various programs.

The Division of Recreation and Parks, in addition to the work related to

aquatic preserves by BELM and The Florida Park Service, is also involved in

the management of State parks and recreation areas nearby. The aquatic

104

preserve program will work closely with these programs as they relate to

aquatic preserve management objectives.

4. Marine Fisheries Commission (MFC).

The MFC was established as a rulemaking authority pursuant to Section 370.027,

F.S. The seven members are appointed by the governor and are delegated full

rulemaking authority over marine life (subject to approval by the Governor and
Cabinet), with the exception of endangered species. This authority covers the

following areas: a) gear specifications, b) prohibited gear, c) bag limits,
d) size limits, e) species that may not be sold, f) protected species, g)
closed areas, h) quality control codes, i) seasons, and j) special

considerations related to eggbearing females and oyster and clam relaying.

The field personnel and central office staff will become familiar with and

enforce the rules of the MFC.

The MFC is also instructed to make annual recommendations to the Governor and

Cabinet regarding marine fisheries research priorities. The field and central

office staff will use these recommendations to direct research efforts within

the aquatic preserve.

-5. Florida Game and Fresh Water Fish Commission. (GFWFC) The GFWFC's
Environmental Services office in Vero Beach sends biologists into the preserve

to review projects which may have potential impacts on local fish and wildlife

habitat as necessary. The central office will use the GFWFC's assistance in

their review process, when possible, and in developing fish and wildlife

management for the aquatic preserve.

105

The GFWFC has enforcement officers working in this area. The field personnel

will interact with these officers where there are common goa ls.

The GFWFC is also the state coordinator of*the Endangered Species in Florida.

The field personnel and central office staff will work with GFWFC personnel in

developing program needs in this area.

6. Department of Transportation. (DOT) The DOT has an office in Pineda and

the field personnel and the central office will work with the resident

engineer on anticipated projects having possible impacts on the aquatic

preserve. The field personnel and administrative staff will review any major

highway or bridge projects that may be proposed in the future.

7. Department of State. The Division of Archives, History and Records

Management (DAHRM) in the Department of State will have a close working

relationship with the field personnel and central office staff in the

protection of archaeological and historical sites. The field personnel will

be directed by DAHRM, through the central office, in any activities or

management policy needs for these sites.

8. Health and Rehabilitative Services. (HRS) Both the central office staff

and field personnel will establish communication and coordination linkages

with HRS and their locally conducted programs of septic tank regulation and

mosquito control. Although mosquito control serves a useful public function,
the effects of pesticides (adulticides and larvacides) in the waters of the

preserve are a primary concern. Additionally, the central office staff will

become involved in future meetings and management programs developed by the

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Governor's Working Group on mosquito control. Subsequent policy recommenda-

tions coming out of this group will be evaluated for applicability to the

ongoing aquatic preserve management program.

C. REGIONAL

The regional level of the management implementation network as it applies to

the Indian River--Malabar to Vero Beach Aquatic Preserve will include the St.

Johns River Water Management District, the East Central Florida and the

Treasure Coast Regional Planning Councils, and the Florida Inland Navigation

District. These organizations have activities that are broader than the local

government, but are on a smaller scale than the state level.

1. Water Management District. The St. Johns River Water Management District

includes Brevard and Indian River Counties. The water management district

administers permitting programs for the local consumable use of water, storm

water discharges, and dredge and fill type activities. This includes the

withdrawal and use of water from rivers, streams, and wells. The types of

water uses they permit in the preserve area include irrigation and public

water supply. The field personnel will become familiar with the review and

permitting procedures as they might apply to water supply in this basin. The

water management district is also involved in various studies on water supply

and management, and other related research that may be of use to aquatic

preserve management.

2. Regional Planning Councils. The East Central Florida Regional Planning

Council (ECFRPC) serves as a regional planning body for the local governments

107

of Brevard County, while the Treasure Coast Regional Planning Council (TCRPC)

serves Indian River County. Other east central Florida counties are served by

these regional planning councils, as well. Among the ir duties, the ECFRPC and

TCRPC:

a. aid local governments with planning expertise;

b. are the regional representatives for the Development of Regional

Impact (DRI) review process;

C. serve as regional clearinghouses for state and federal projects and

programs; and

d. convey information from the local.governments to.the state and

federal levels.

The field personnel will become familiar with the various projects, programs,

and data sources that the ECFRPC and TCRPC have within their administration

that may affect or prove useful to the aquatic preserve program.

The DRI review of projects which affect the aquatic preserves will be reviewed

by the central office staff, with the field personnel's field review, when

necessary. DRI's for large marinas, large subdivisions on the uplands above

the preserve, and comm ercial or industrial developments will require a field

review by the field personnel as to their effect on the aquatic preserve.

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3. Florida Inland Navigation Dis.trict (FIND). The FIND is a multi-county

district sponsor of the Intracoastal Waterway from Duval County south to Dade

County. FTND is also responsible for providing and maintaining spoil areas

(spoil islands) to the Corps of Engineers for the dredging and maintenance of

the Waterway. FIND presently holds title to channel and spoil easements

throughout the Indian River area. Field personnel and the central office will

work closely with the FIND in the review of future dredging proposals.

D. LOCAL GOVERNMENTS AND SPECIAL DISTRICTS

This section will address the relationship of the aquatic preserve management

program to.the various local government agencies, special districts and their

programs. The local governments are the incorporated cities and counties that

surround the aquatic preserve. The Indian River-Malabar to Vero Beach
Aquatic Preserve includes Brevard and Indian River Counties. Palm- Bay

Malabar, Sebastian, Orchid, Vero Reach and Indian River Shores are

incorporated cities bordering the lagoon. The various special districts

(drainage, inlet and mosquito control) and their relationship to aquatic

preserve management, are also presented.

The field personnel will be the local liaison for the aquatic preserve to

these local government entities to assist them in modifying their policies and

practices to conform to the objectives of the aquatic preserve's management

plan, and to exchange information and expertise for mutual benefits.

1. Relationship to local management plans. The local governments are
required by the Local Government Comprehensive Planning Act of 1975 (LGCPA),

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(Section 163.3161, F.S.) to have a comprehensive management plan with elements

relating to the different governmental functions (i.e., housing, physical

facilities, conservation, land use, and coastal zone protection). These

plans, in effect, are long-range plans for the orderly and balanced

development of the city or county. The comprehensive plans,guide local zoning

policies and practices toward a future as set out in the plan. No development

is permitted that does not conform to the local government's comprehensive

plan.

The aim of the aquatic preserve with respect to these local government

comprehensive plans, is to have their plans consistent with the aquatic

preserve management plans. The field personnel will become familiar with the

above plans and how they support or are in conflict with the objectives of

aquatic preserve management. The field personnel will assist local planning.

officials in having their plans meet these-objectives. The field personnel

and central office staff will assist these officials in the preparation of

their Marina Element, as required in Chapter IX. It is hoped that local

governments will join in the spirit of aquatic preserve management and be

willing to work for these changes.

2. Relation to local development codes. The local zoning and development

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 pre-

scribes the allowable uses and the intensity of those uses. Certain uses

along an aquatic preserve can potentially have a profound effect on a

preserve.

110

This section will operate in conjunction with the preceding section on local

management plans. The field personnel will become familiar with the local

zoning, development codes and their potential effects on the nearby aquatic

preserve. The field personnel will assist local planning and zoning officials

in identifying areas where changes in zoning would better conform to the

objectives of the aquatic preserve management. The field personnel might also

offer to assist local planning and zoning officials in the review of proposed

subdivisions upland of the preserve.

3. Suggested policies and practices in support of Aquatic Preserve

Management. This section will address any other policy or practice not

covered in the two preceding sections. These policies and practices might

include local government mangrove ordinances; recreation problems where a park

is in or near an aquatic preserve, or any other problems as they might relate

to local governments. The field-personnel will offer assistance or infor-

mation to local officials or will coordinate with other agencies to help solve

these problems as they occur. The field personnel will work with county

personnel on enforcement of ordinances such as a Mangrove Protection

Ordinance. The field personnel will also comment, through the central office,

on any local practice that is identified as endangering the well-being of the

aquatic preserve.

4. Special Districts (Drainage, Inlet and Mosquito Control). The special

districts are taxing districts established to correct drainage and mosquito

control problems. There are three drainage districts that directly affect the

preserve; the Melbourne-Tillman and the Fellsmere Water Control Districts, and

the Sebastian Drainage District. Brevard and Indian River Counties each have

ill

a mosquito control district and the Sebastian Inlet is maintained by the

Sebastian Inlet District.

These districts may not have an official comprehensive management plan, but

they do have management policies and program statements that are similar to

such a plan. The field personnel will become familiar with these policies and

the activities of these districts and will monitor their effect on the aquatic

preserve. For example, the field personnel might recommend identifying areas

that should not receive mosquito spraying or other alternative management

because of remoteness to inhabited areas and possible, but unnecessary damage

to the resources of the aquatic preserve; or drainage.districts might be asked

not to use certain types of herbicides or to use them only at certain times of

the year.

E. OTHER ENTITIES

This section will apply to the numerous entities that have an interest in the

aquatic preserve but are non-governmental agencies. This will include, but

not be limited to, the environmental interest groups (i.e., Audubon Society,

Sierra Club and Native Plant Society), the scientific organizations, the

fishing and sports interest groups (i.e., Florida League of Anglers, Organized

Fishermen of Florida), the universities that may have research activities in

the preserve (i.e., Florida Institute of Technology, University of Miami,
University of Florida, University of Central Florida) and any other interest

groups or individuals. The relationship of these entities to aquatic preserve

management might include the coordination of activities, such as scientific

research, environmental education, management of rookeries or other natural

112

areas, or numerous other possible activities. A worthwhile aquatic preserve

management process will depend on the continued support and help of these

interest groups in all of the aquatic preserves. The field personnel will be

active in communicating the aquatic preserve management process and activities

to the various groups and consulting with them for their help in their areas

of expertise.

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Chapter VII

PUBLIC USES

This chapter addresses the public use of the aquatic preserve. The public in

this case shall refer to the general public or those persons without riparian

rights. The "Florida Aquatic Preserve Act of 1975" (Section 25P.35, F.S.)

allows for the lawful and traditional public uses of the aquatic preserve,

such as sport fishing, boating and swimming (as adapted from Section

258.43(l), F.S.). These and other traditional uses that do not involve a

commercial intent or the use of a riparian right to place a structure in the

preserve, and.do not degrade or otherwise destroy the preserve will be con-

sidered public uses. This section will be further divided into consumptive

and non-consumptive uses as applicable to each resource.

A. Consumptive Uses

Consumptive uses involve the removal of resources from the preserve.

These uses include fishing, hunting, shellfishing, and other related

activities. They also include the unintentional removal of resources

by propeller damage to grassbeds. The management of these uses

(see Chapter V, Resource Management, Section B: Onsite Management

Objectives) will include the observation and monitoring of the effects

of these uses on the resources. The field personnel will periodically

assess the impacts through the use of the Marine Research Laboratory's

LANDSAT capabilities for habitat losses or disturbances in the Indian

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River--Malabar to Vero Beach area plus any other studies or data sources

that might become available. This management will also include the

protection of the resources from unlawful or excess practices of these

uses. The legality of these uses wi 11 be controlled by existing

applicable state laws and local ordinances. Field personnel will, for

example, become familiar with and will enforce rules adopted by the

Marine Fisheries Commission. These will include regulations on fishing

gear, bag and size limits, closed areas, seasons, etc.

Consumptive uses will also be monitored for their effect on other

resources (e.g., bird rookeries, marine grassbeds, oyster bars, archae-

ological and historical sites). The field personnel will also be

sensitive to additional enforcement needs (i.e., the need for additional

enforcement staff during nesting seasons),

Non-consumptive Uses

These uses are those which do not generally remove resources from the

preserve. Examples of these uses include swimming, diving, boating,

bird-watchinq, and other related activities. The management practices

involved with these uses will be the same as those previously described

under Section A., except that these uses are not generally controlled by

law. The guiding principle in these cases will be whether or not the

activity causes a disruption of the preserves' resources (e.g., destroys

marine grassbeds, disturbs rookeries or manatee areas). Only in the

event of these disruptions will the field personnel become involved.

Some of these uses may possibly be involved in environmental educational

(Chapter XI) programs.
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Chapter VIII

PRIVATE NON-COMMERCIAL USES

This section will apply to those private, non-commercial, uses which are

derived from riparian rights (e.g., docks, piers). The management of the

aquatic preserve recognizes the rightful and traditional uses of those

near-shore sovereignty lands lying adjacent to upland property. This right of

ingress, egress, boating, swimming, fishing, and other incidental uses of

sovereignty lands normally allows for the placement of certain structures,

such as docks, within the preserve. This right, however, can only be

exercised with the prior consent of the Board, and does not include approval

of activities that destroy or damage areas of environmental significance. The

review of these will require the interaction of the Resource Protection Area

mapping with administrative and possible field review and later monitoring by

field personnel as projected by Chapter V., Section B.

Private non-commercial uses shall be designed to avoid critical Resource

Protection Area (Class I and 2) and shall be designed to reduce the use's

impact to the preserve in general. Individual applications for these

private non-commercial uses shall be reviewed by the applicable Resource

Protection Area Map and criteria. In addition, private dock proposals will

be reviewed by the criteria described in Section 16Q-20.04(5), F.A.C., of the

revised General Aquatic Preserve Rule.

. 117

Bulkheads should be placed, when allowed, in such a way as to be the least

destructive and disruptive to the vegetation and other resource factors in

each area. Approved uses which do disrupt or destroy resources on state-owned

lands will require mitigation. This mitig ation will include restoration by

the applicant or other remedy which will compensate for the loss of the

affected resource to the aquatic preserve. Mitigation should be considered

the last resort and the use requiring such mitigation should be of an

overwhelming public interest.

Dredging within the aquatic preserve shall be held to a minimum. Dredging

proposals shall be reviewed according to the procedures in Chapter V depending

on the proposed activities location within the RPA. Proposals within Class I

areas (Chapter V (B)[61) will be scrutinized to the maximum extent in order to

find the best practicable method of development and.location if that use is'

acceptable in that particular area of the preserve. The mitigation of lost or

disturbed resources shall be required. There shall be no dredging allowed in

Class I or 2 areas or in nearby areas if it will adversely impact these areas.

The location of proposed multiple docking facilities, such as for condominium

developments, shall be based on the marina siting criteria described in

Section 16Q-20.04(5), F.A.C. of the revised General Aquatic Preserve Rule.

Authorization of such facilities will be conditioned upon receipt of

documentation evidencing the subordination of the riparian rights of ingress

and egress for the remainder of the applicant's shoreline for the life of the

proposed docking facility.

118

Non-residential docking facilities (commercial) are addressed in Chapter IX.

The use of seaplanes within this preserve is seen as a non-traditional use.

Applications for seaplane use within the preserve will be reviewed on a case

by case basis. These uses will only be recommended where such use will not

affect resource protection areas or natural values of the preserve, not effect

endangered species habitat, can be utilized in a safe manner, and will not

preempt traditional uses within the proposed use area.

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Chapter IX

COMMERCIAL USES

This section addresses the variety of traditional and non-traditional (i.e.,

new uses to this area) commercial uses which might occur within the aquatic

preserve. Among the traditional uses in the Indian River--Malabar to Vero

Beach area are utility crossings, power plants, marinas and yacht clubs,

commercial fishing, and other types of boats (i.e., sportfishing, diving) for

hire. Non-traditional uses in this area which have also occurred in other

areas of this or other states include oil and gas transportation facilities,

and other such commercial uses.

A. TRADITIONAL COMMERCIAL USES

1. Utility Crossings. There are at present time both aerial and

underwater utility crossings in the aquatic preserve. Future proposals should

be designed so the preserve is crossed by the least destructive method in the

least vulnerable areas according to the RPA maps (see Chapter vrcl).

Increased or additional use of any existing utility crossings is preferable,

if their condition at the time of the proposal is acceptable. The field

personnel should eventually develop a utility crossing plan for all areas with

anticipated utility crossing needs to allow for clear and advance planning,

for placement of these crossings in the best environmental location possible.

The utility crossing plans, when completed, will become a part of this plan.

121

Crossings should be limited to open water areas to minimize disturbance to

marine grassbeds, mangroves or other critical habitat areas and should not

interfere with traditional public uses.

2. Commercial Fishing. The management of the aquatic preserve shall

not include the direct management of commercial fishing activities. Field

personnel will monitor these activities and assess their affects on the

preserve only in conjunction with the Division of Marine Resources and as part
of a cooperative effort with that division. The field personnel will also

notify the requisite authority in the event of illegal activities (Chapter
370, F. S. or by special act). The field personnel, along with other agencies

and divisions' programs and studies, will monitor fishing activities within

the aquatic preserve with respect to the need to manage access of boats in

certain areas, prevention of marine grassbed destruction and other needs-of

the aquatic preserve as they are associated with commercial fishing

activities. After problems associated with commercial fishing activities are

identified and documented, the findings will be presented to the Marine

Fisheries Commission. It is the authority of the Commission and the Florida

Legislature to regulate commercial fishing within the aquatic preserve.

3. Marinas. The locating of marinas and their related uses will be a

major concern of the Indian River--Malabar to Vero Beach Aquatic Preserve

management. Marinas represent a use with many potential impacts on the
preserve's resources. The siting policy of Section 16Q-20.04(5), F.A.C. of

the revised Aquatic Preserve Rule shall be used for siting marinas in the

aquatic preserve.

122

4. Other Docking. Any other type of commercial docking, not mentioned

in the preceding sections, will follow the marina siting policy as stated in

Section 16Q-20.04(5), F.A.C. of the revised General Aquatic Preserve Rule.

B. NON-TRADITIONAL COMMERCIAL USES

1. Other Uses. Any other use that qualifies as a commercial use of

state-owned submerged lands not mentioned above will require a review for its

anticipated impact on the aquatic preserve and the best location for the

activity compatible to the Resource Protection Areas within the preserve.

2. Aquaculture. There are currently at least 81 shellfish leases in

the Indian River--Malabar to Vero Beach Aquatic Preserve (DNR, 1984). The

maj-ority of--leases were issued for growing oysters but most lease holders are

shifting to clam cultivation. Most methods are dependent on transplanting

juvenile oysters and clams and allowing them to grow to marketable size. New

proposals for aquacultural development will require careful examination of the

location and type of impacts to the resources and the preemption of public

use. If there is not sufficient data available for a valid evaluation, a

small scale test of the use might be possible in a selected area.

3. Deep Water Port Facilities. There are no facilities of this type

within the Indian River-Malabar to Sebastian Aquatic Preserve at the present

time and new port facilities shall be prohibited.

4. Power Plants. Power plants have the potential for causing major

changes in the air quality, water quality, and plant and animal life of the

123

aquatic preserve. For these reasons, they are incompatible with the purposes

of this aquatic preserve. The location of proposed power plants upstream of a

preserve should also be evaluated as to the effects on the downstream

preserve.

124

Chapter X

SCIENTIFIC RESEARCH

The field personnel attached to the Indian River-Malabar to Vero Beach Aquatic

Preserve should serve as the area coordinators of scientific research in the

preserves. Scientific research, and any other type of research or testing

within the aquatic preserve, should require the clearance of both the field

personnel and the central office staff before these activities can proceed.

Certain activities could be detrimental to the resources of the preserve and

should be carefully reviewed before allowing them to occur. Factors including

location, species procedures, and time of year, should be carefully reviewed

for the possible disturbance or effect of the research on the other resources

of the aquatic preserve. The field personnel will be aware of the possibility

of working with other government agencies, colleges, universities, research

foundations and government programs to fill the data needs of the aquatic
preserve (see Chapter V and XII). The field personnel will assist in the

selection of possible test sites and other research needs within the preserve.

125

Chapter XI

ENVIRONMENTAL EDUCATION

The aquatic preserve should be used to enhance environmental educational

programs at every opportunity. The goal of maintaining the aquatic preserve

for the benefit of future generations can begin to be realized through the use

of aquatic preserves for environmental education. Through education, the

youth of Brevard and Indian River Counties can acquire a knowledge of the

natural systems and an appreciation for the aquatic preserve program. Such

appreciation helps to ensure the future protection and support of the aquatic

preserves.

The field personnel will, through their normal activities in the aquatic

preserve, select good examples of habitats and resources within these.aquatic

environments for use during educational group tours. This might include the

development of environmental educational boat or canoe tours through the

preserves. Other educational activities might also include prepared

presentations for specific interest or user groups such as sport (boating,

diving, fishing, etc.), civic and conservation groups and the development of a

brochure outlining the major points of management within the preserve. These

brochures could then be circulated to the various user groups.

The field personnel should also prepare programs on the value of management

activities of the aquatic preserve for presentation to interested groups of

127

all ages. Educating the public about aquatic preserve management is the key

to the success and future of the preserve.

128

Chapter XII

IDENTIFIED PROGRAM NEEDS

This chapter of the'management plan will address the various internal program

needs that are expected to be identified during management activities.

Meeting these needs will correct or generally relieve some stress on the

preserve or the personnel involved in the management of the aquatic preserve.

These needs may, in some cases, require legislative or administrative rule

changes or acquisition of critical areas by the state. The need to identify

problem areas and adJust the management plan in a manner that will positively

address the se problems.and management needs is an essential element of any

good management program. Both field personnel and central office staff will

continually monitor the management plan implementation process and specifi-

cally identify observed program needs and problems. The areas to be

considered include, but are not limited to:

A. acquisition of additional property,

B. boundary problems,

C. legislative needs,

D. administrative rule changes,

E. data needs,

F. resource protection capabilities, and

G. funding and staffing needs.

129

Staff will annually develop an implementation status report that will contain

a summary of identified management needs and suggested measures to be taken in

meeting these needs.

A. Acquisition of Additional Property

There are areas both within and upland of the aquatic preserve that are in

public ownership under the jurisdiction of various local, state and federal

agencies. Many of these lands contain important resources, such as bird

rookeries, archaeological or historical sites, endangered species habitat, and

freshwater source wetlands as well as other wetlands.. The protection of these

areas is necessary to the wilderness preserve designation areas. Formal

management agreements, memoranda of understanding, etc., that will ensure the

compatible management of these areas.--will' be developed. Other areas within or

adjacent to the preserve that are in private ownership should be closely

examined to determine the advisability of bringing them into public ownership.

The acquisition of these lands might act as a buffer to critical resources,

prevent development of sensitive areas, allow the restoration of areas

adversely affected by previous development or allow removal of disrupting uses

within a preserve. The field personnel, during normal management activities,

should be aware of significant upland areas and sovereign land conveyances

which, if developed, would compromise the integrity of the aquatic preserve.

The field personnel will keep a running record of these areas and will

prioritize these areas for possible public acquisition.

130

B. Boundary Problems and Systems Insufficiencies

The boundaries of the aquatic preserve are often artificial delineations of

the natural systems within and surrounding the preserves. A variety of

scientific studies are presently being conducted both within and outside of

the preserve boundaries, and their results could conceivably suggest a change

in these boundaries. These changes may include the extension of the present

boundaries in some areas or the exclusion of other areas. The field

personnel, in their normal management activities, will be sensitive to the

possible'need for boundary modifications. Potential boundary changes and

acquisition projects might include areas upstream of the present boundary in

the streams flowing into the preserves, previously conveyed sovereign lands,

or other areas not presently within the preserve. Any boundary change will

require legislative approval.

C. Legislative Needs

Management needs could conceivably involve changes in the legislation

pertaining to aquatic preserves or changes in the other statutes upon which

aquatic preserve management is based. These changes may include boundary

realignments or the strengthening of certain management authorities.

D. Administrative Rule Changes

Administrative rules are statements addressing the organization, procedures

and practices used in the implementation of aquatic preserve management plans

131

and policies. This process includes identifying problems within the

Department of Natural Resources, as well as other agencies, that affect the

management of the preserve.

E. Data (Information) Needs

The field personnel and central office staff will note data needs and promote

research or other means to fulfill them. Data needs in the near future could

possibly be supplied by such ongoing projects as the U.S. Geological Survey's,

St. John's Water Management District, Department of Environmental Regulation

water quality monitoring or by the research of other agencies. The field

personnel will be aware of data needs as they interact with the various levels

of government and with other entities. These data needs might include

additional mapping, ownership information, water quality data or any other

data. The major suppliers of-data will probably be other public agencies that

are conducting programs in and around the preserve. Other potential sources

of data are the colleges and universities that have, in the past, conducted

research projects in the area.

F. Resource Protection and Enforcement Capabilities

The protection of the preserve's resources depends on the Florida Marine

Patrol, in addition to field personnel. These protection needs might also

require additional enforcement support from local government or other state

agencies. The need for additional manpower, authority, equipment or vehicles

for this task will be identified.

132

The field personnel will become familiar with the staff capabilities of both

the Department of Natural Resources and the other agencies with enforcement

responsibilities in the preserve. Annually, staff should fully assess the

effectiveness of the protective and enforcement capabilities of these combined

agencies.

G. Funding and Staffing Needs

The present aquatic preserve management program has been minimally implemented

with funds from a variety of sources and programs. The writing of this

management plan was funded through a grant from the U. S. Office of Coastal

Zone Management, National Oceanic and Atmospheric Administration, and through

the "Coastal Zone Management Act of 1972", as amended. This grant will end in

1984.

In order for the management program proposed in this plan to function and

succeed, the program must have its own funding and staffing. The workload

required by this program is too much for an interim staff from other agencies

to handle in addition to their other obligations. Funding and staffing needs

are critically important to the success of the aquatic preserve program.

The management of Indian River--Malabar to Vero Beach Aquatic Preserve would

be integrated into the management program and needs of other BELM management

programs in the area. This preserve's management would be combined with two

other aquatic preserves in Brevard County (Banana River and Mosquito Lagoon).

A proposed budget given these needs has been estimated at $150,000 for staff,

133

equipment, office and expenses for the first year. The proposed staff would
I
include two biologists and one ranger.

134

INDIAN RIVER-MALABAR TO VERO BEACH AQUATIC PRESERVE

BIBLIOGRAPHY

Barile, D.D. Coastal Zone Protection Element for the Palm Bay, Florida
Comprehensive Plan. Center for Coastal Zone Research FIT, Melbour e,
Florida. 1978.

Barnett-, B.S., R.T. Fernald, A. Goetzfried and S.R. Lau. The Fish and
Wildlife Resources of the Charlotte Harbor Area. Office of E-n'vironmental
Services, Florida Game and Fresh Water FisF Commission, Vero Beach,
Florida. 1980.

Benz, M.C., N.J. Eiseman, and E.E. Gallaher. "Seasonal occurrence and
variation in standing crop of the drift algal community in the Indian
River, Florida." Botanica Marina 9.2: 413-420, 1979.

Betz, Converse, Murdoch, Inc. Brevard County 201/108 Water Quality Section
Data Report. BCM Consulting Engineers, Plymouth Meeting, Pennsylvania.
1978.

Bidlingmayer, W.L. and E.D. McCoy. An Inventory of the Saltmarsh Mosquito
Control Impoundments in Florida. Flo ida Medical Entomology Laboratory.
Vero Beach, Florida, 1978.

Brevard County Board Planning and.Zoning Department. Conservation and Coastal
Zone Protectfon Element of Brevard County Comprehensive Plan. 1981.

Brevard County Development Division-Water Resources Section. Brevard County
208 Areawide Waste Treatment Management Plan. 1979.

Brevard County Planning and Zoning Department. Future Land Use Element of
Brevard County Comprehensive Plan. 1981.

Brevard County Planning Department. 1984 Brevard County Socio-economic Pro-
jections (Populations). 1984.

Brownell, Robert L., Jr. and Ralls, Katherine. The West Indian Manatee in
Florida. Department of Natural Resources, Tallahassee, Florida. 1981.

Clapp, D.A., and Wilkening, H.A. Interbasin Diversion in the Upper St. Johns
River Basin. Engineering Division Water Resources Department, St. Johns
River Water Management District, Palatka, Florida. 1984.

Clark, K.B., and Gilbert, S. "Seasonal variation in standing crop of the
seagrass Syringodium filiforme and associated macrophytes in the northern
Indian River, Florida". EstUa-ries 4(3): 223-225. 1981.

135

Clark, John R. Coastal Ecosystem Management. Krieger publishing Company,
Malabar, Florida. 1983.

Clements, B.W. and A.J. Rogers. "Studies of impounding for the control of
salt-marsh mosquitos in Florida, 1958-1963". Mosquito News
24(3):265-276. 1964.

Department of Natural Resources. Profile of the Hard Clam Industry in Brevard
County. Tallahassee, Florida. 1984.

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139

CONTENTS OF APPENDICES

Appendix A. Management Authorities

All laws, rules, memoranda of understanding, and other

directives mentioned or related to in the Plan.

Appendix B. References

Pertinent References; basis for formulation of Plan USGS

Bibliography

Appendix C. Resource Data

Resource Inventories for each preserve

DOT Vegetation and Land Use Acreages by quad and preserve

Species Lists

Streams and Lakes data

Colonial Waterbird Areas

Water Quality: STORET

Archaeological Profiles

Cultural Information (Population, etc.)

Appendix D: Maps

Map Packet: by quad size for each quad in the preserve areas

USGS 7.5 Minute quadrangle topographic maps

141

Appendices Contents (Continued)

Appendix D:. Maps (Con't)

Mark Hurd Aerial Photography (73-79)

Flood-prone (USGS)

Federal Flood Insurance (FIMA)

State-Owned Lands Maps

National Wetland Inventory Maps

Gulf Coast Ecological Inventory (1:250,000 scale)

Shellfish Atlas for Brevard and Indian River Counties

CZM Maps-- Brevard and Indian River Counties

Navigation Charts

DOT County Maps--Brevard and Indian River Counties

142

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