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







                                           LAKE WEIR


                      AQUATIC PRESERVE MANAGEMENT PLAN



      UN






      Ln



      Q5







           Ql-l                                            1991
           90.75
           16
           L35
           1991                    DEPARTMENT OF NATURAL RESOURCES













                                           LAKE WEIR


                            AQUATIC PRESERVE MANAGEMENT PLAN


                                            (DRAFIr)

                                        September 1991










                                          Tom Gardner


                                        Executive Director


                                 Department of Natural Resources





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





                                             0mo





                                           -4,141ENI of CO




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


                                            ry
                                            1W

                             This document was prinLed on recycled paper.









                                         TABLE OF CONTENTS






            CHAPTERI         INTRODUCTION                                              1





            CHAPTER 11       MANAGEMENT AUTHORITY
                             A. Statutory Authority                                    7
                             B. Administrative Rules Governing Aquatic
                                 Preserves                                             9
                             C. Relationship to Other Applicable Plans & Programs      11




            CHAPTER III      DESCRIPTION OF AQUATIC PRESERVE
                             A.  Location, Boundary, and General Uplands
                                 Description                                           13
                             B.  Physiography                                          13
                             C.  Geology                                               14
                             D.  Water Quality                                         15
                             E.  Hydrology                                             15
                             F.  Archeological and Historical Resources                16
                             G.  Vegetative Communities                                18
                                 1.   Emergent Vegetation                              18
                                 2.   Submergent Vegetation                            18
                                 3.   Exotic Vegetation                                25
                                 4.   Algae                                            25
                             H.  Fisheries Resources                                   28
                             1.  Vertebrate Wildlife Resources                         30
                                 1. Birds                                              31
                                 2. Mammals, Reptiles and Amphibians                   32
                                 3.   Designated Species--Rare, Endangered
                                      or Threatened                                    33
                             J.  Regional Land Use, Development and
                                 Associated Impacts                                    36
                                 1.   Adjacent Upland Uses                             36
                                 2.   Uses of the Preserve                             40
                                 3.   Planned Use                                      41
                                 4.   Associated Impacts                               41









            CHAPTER IV MANAGEMENT AREAS
                             A. Introduction                                        43
                             B. Management Area Classifications                     44
                             C. Minimum Criteria for Allowable Uses                 48
                             D. Management Areas                                    53



            CHAPTER V SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS 59




            CHAPTER VI       MANAGEMENT ACTION PLAN
                             A. Resource Management                                 63
                             B. Resource Protection                                 67
                             C. Research                                            69
                             D. Environmental Education                             70




            CHAPTER Vill     MANAGEMENT COORDINATION NETWORK
                             A. Federal Agencies                                    73
                             B. State Agencies                                      74
                             C. Regional Agencies                                   77
                             D. Local Governments                                   78
                             E. Private and Non-Regulatory Interests                80




            CHAPTER Vill     STAFFING AND FISCAL NEEDS                              85




            CHAPTERIX        RESOURCE AND ACTIVITY MONITORING PROGRAM
                             A. Resource Monitoring                                 89
                             B. Progress Monitoring                                 89




                             BIBLIOGRAPHY                                           91









                                    LIST OF FIGURES AND TABLES





            Figure I         Florida Aquatic Preserve System                           3

            Figure 2         Lake Weir Aquatic Preserve Boundary Map                   5

            Figure 3         Freshwater Aquatic Vegetation Key                         19

            Figure 4         Vegetation Pro-file                                       21

            Figure 5         Vegetative Communities                                    23

            Figure 6         Land Use Map                                              45

            Figure 7         Management Areas                                          57



            Table 1          Aquatic Vegetation Species List                           26

            Table 2          Fish Species List                                         29

            Table 3          Designated Flora Species List                             34

            Table 4          Designated Fuana Species List                             35

            Table 5          Management Coordination Network                           81 &83

            Table 6          Current and Anticipated Budget                            87









                                       LIST OF APPENDICES





           Appendix A.     Relevant Legislation                                   93

            Appendix B.    Vegetative Illustrations                               103































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

                              Bureau of Submerged Lands and Preserves
                                   Department of Natural Resources
                                      3900 Commonwealth Blvd.
                                           Mail Station 125
                                     Tallahassee, FL 32399-3000









                                                   CHAPTER1


                                                INTRODUCTION



              Lake Weir, designated by the Florida Legislature to become an aquatic preserve on
              July 1, 1988, is one of forty-two aquatic preserves located in various counties
              throughout the state (Figure 1). Aquatic preserves are designated for the general
              purpose of maintaining those areas of exceptional state submerged lands in their
              11natural or existing condition." With an aggregate total of 6,005 acres of submerged
              land and approximately 38 miles of shoreline, Lake Weir and Little Lake Weir
              combine to constitute the largest freshwater aquatic resource in Marion County
              (Figure 2). As the human population of Marion and the surrounding counties is
              expected to increase, so to is the anticipated amount of pressure upon its natural
              resources. This plan has been developed to assist in the public decision making
              process, which will ultimately determine how the impacts of increased population
              growth will affect these resources.

              Historically, Lake Weir has been noted for its fishing. The lake's gamefish stocks
              have included populations of largemouth bass, bluegill, redear sunfish and black
              crappie. Coupled with the aesthetically pleasing surroundings and comfortable year
              round climate, the area's natural resources combined to stimulate the growth of a
              productive component of the areas economy.

              Over the past several decades however, shoreline and sub-basin development have
              intensified. These factors, have combined with decreased water levels and a
              growing contingent of user groups, to alter the water quality and natural resource
              diversity of this lake system. As this scenario evolves in complexity, the need for
              innovative reiource oriented planning and decision making will be required to
              ensure that long term resource protection goals are met.

              This management plan has been developed, in part, to assist in the exploration of
              possible strategies and alternatives to managing this preserve's resources. It can
              also act as a tool which can be referenced by those concerned individuals or
              groups, in either the public or private sector, who choose to make informed
              decisions as to what they can do to help maintain the integrity of this preserve.

              In addition, the plan addresses various facets of resource related policy
              development and management issue needs. It identifies problems associated with
              current resource uses, management issues relating to adjacent upland uses, and
              present and future uses of the preserve. This effort, to collect, review and
              comment on those factors, which have historically and are currently influencing the
              life cycle of this aquatic resource, should help ensure that the quality of the existing
              resources remain for future generations to enjoy.








                 Currently, the rules which govern the use of sovereign submerged lands within
                 aquatic preserves are found in Chapter 18-20, F.A.C. Pending its adoption by the
                 Governor and Cabinet (sitting as the Board of Trustees of the Internal Improvement
                 Trust Fund), this plan will carry the same authority as that currently founded in rule
                 criteria.

                 Specifically, this plan is divided into chapters according to their management
                 application:

                 Chapter 11 cites the statutory authority upon which this resource management
                 program and plan are founded.

                 Chapter III provides a description of the Lake Weir Aquatic Preserve and details
                 the physical and biological resources within the preserve. Additional information
                 includes the current and future uses of this preserve and use of the adjacent
                 uplands.

                 Chapter IV delineates various management areas within the preserve. These areas
                 are defined by taking into account the biological resources, the physical
                 parameters, and the aesthetic values, in conjunction with the use of the adjacent
                 uplands.

                 Chapter V addresses the specific needs and resource issues of Lake Weir and
                 develops management initiatives addressing each need and/or issue.

                 Chapter VI outlines site specific goals, objectives and tasks required to meet the
                 management needs of the preserve for resource management, resource protection,
                 resparch and environmental education.

                 Chapter VII identifies federal, state, regional and local agencies, their authorities
                 and programs and how they relate and assist in protection and management of this
                 preserve. It also identifies non-regulatory organizations and interest groups which
                 can assist in management.

                 Chapter VIII projects future staffing and fiscal needs necessary for providing
                 effective management and protection of the preserve as well as supporting
                 research and environmental education.

                 Chapter IX outlines a monitoring program for recording and reporting resource
                 changes and establishes a tracking system for detailing the progress and
                 accomplishments in resource management.


                 This plan was written by staff of the Department of Natural Resources, Division of
                 State Lands, Bureau of Submerged Lands and Preserves.


                                                            2























               %
                                                                   .,mow j           .......
                                                                 4@lj

                Oft"




                                                                        %



                                                W.WWW;C&A W
                                                                          0

                                                                            r.    16
                           AQUATIC
                                                                                                                                   k"oft
                          PRESERVES




                                                                                                                                   im-cK,

                                                                                                                     C*
                                                                                           ct@
                                                                                                      ce"







                                                                                                 too"




                                                                                                                    L


      AQUATIC PRESERVES ARE ESTABLISHED
       BY THE FLORIDA LEGISLATURE AND
          INCLUDE ONLY STATE OWNED                                                                        1c.
         *SOVEREIGNTY SUBMERGED LANDS.
     THE GOVERNOR AND CA13INET SITTING
         AS TRUSTEES OF THE INTERNAL
         IMPROVEMENT TRUST FUND ARE                                                                            18@ MA.W
          MANAGERS OF THESE AREAS.

         FOR MORE INFORMATION REGARDING                                                                                                ftscA@
           AGUATIC PRESERVES CONTACT:

     DISPARTMENT OF NATURAL RESOURCES

      DIVISION OF STATE LANDS

         BUREAU OF AOUATIC PRESERVES


            3900 COMMONWEALTH BLVD                                                                                    Q 1@
           TALLAHASSEE. F LORIDA 32303                                                                                    6@1
               cftafto w, C""
                     mo



               FIGURE 1. FLORIDA AOUATIC PRESERVE SYSTEM





                                                                             3









                                                                                       s
                                                                                     464








                                                                                                                                 ALT
                                                                                                                                 441


                                                                                                                                 ALT






                                         rri.
                                         M 9.'.
                    Rol
                                   !A KF-:.-WQ


        cn
















                  441
                   27









                                                 CHAPTER 11


                                        MANAGEMENT AUTHORITY



             A. STATUTORY AUTHORITY

             The fundamental laws providing management authority for the Lake Weir Aquatic
             Preserve are contained in Chapters 258 and 253, Florida Statutes (F.S.). These
             statutes establish the proprietary role of the Governor and Cabinet, sifting as the
             Board of Trustees of the Internal Improvement Trust Fund, as Trustees over all
             sovereignty submerged lands. In addition, these statutes empower the Trustees
             to adopt and enforce rules and regulations for managing all sovereignty submerged
             lands, including aquatic preserves.

             In particular, Sections 258.351-258.46, F.S., enacted in 1975 by the Florida
             Legislature, represent the Florida Aquatic Preserve Act. These statutes set forth
             a standardized set of management criteria for all designated aquatic preserves, and
             represent the primary laws governing use of sovereignty submerged lands within
             aquatic preserves.

             The Legislative intent for establishing aquatic preserves is stated in Section 258.36,
             F.S.: "It is the intent of the Legislature that the state-owned submerged lands
             in areas which have exceptional biological, aesthetic, and scientific value, as
             hereinafter described, be set aside forever as aquatic preserves or
             sanctuaries for the benef it of f uture generations." This statement along with the
             other applicable laws clearly mark the direction for management of aquatic
             preserves. Management will emphasize the maintenance of essentially natural
             conditions, and will include onli             or state-owned submerged lands and
                                              y sovereign
             lands leased by the state and specifically authorized for inclusion as part of a
             preserve.

             Management responsibilities for aquatic preserves may be fulfilled directly by the
             Board of Trustees or by staff of the Division of State Lands of the Department of
             Natural Resources through delegation of authority. Other governmental bodies may
             also participate in the management of aquatic preserves under appropriate
             instruments of authority issued by the Board of Trustees. The Division staff serve
             as the primary managers who implement provisions of the management plans and
             rules applicable to the aquatic preserves. Staff evaluate proposed uses or activities
             in the preserve, and assess the possible impacts on the natural resources. Project
             reviews are primarily evaluated in accordance with the criteria in Sections 258.35-
             46, F.S. (Florida Aquatic Preserves Act), Chapter 18-20, Florida Administrative Code
             (Rules of Florida Aquatic Preserves), and in accordance with the policies set forth
             in this plan.



                                                       7








                 Staff comments on proposed uses are submitted for consideration in developing
                 recommendations to be presented to the Board of Trustees. This mechanism
                 provides a basis for the Board of Trustees to evaluate public interest and the merits
                 of any project while also considering potential environmental impacts upon the
                 aquatic preserves. Any activity located on sovereignty submerged lands will require
                 a consent of use, a lease or easement, or other approval from the Board of
                 Trustees. Consent of use may be granted on small projects from the Division of
                 State Lands in accordance with the authority delegated by the Board.



                 BACKGROUND


                 The laws supporting aquatic preserve management are the direct result of the
                 public's awareness and interest in protecting Floridas aquatic environment. The
                 rampant dredge and fill activities that occurred in the late 1960's fostered this
                 widespread concern.

                 In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws of
                 Florida), which established procedures regulating previously unrestricted dredge
                 and fill activities on state-owned submerged lands. That same year, the legislature
                 provided the statutory authority (Section 253.03, F.S.) for the Board of Trustees to
                 exercise proprietary control over state-owned lands. Also, in 1967, government
                 focus on protecting Florida's productive water bodies from development led the
                 Board of Trustees to establish a moratorium on the sale of submerged lands to
                 private interests. That same year, an Interagency Advisory Committee (IAC) was
                 created to develop strategies for the protection and management of state-owned
                 submerged lands.

                 In 1968, the Florida Constitution was revised to declare in Article 11, Section 7, the
                 state's policy of conserving and protecting natural resources and scenic beauty.
                 That constitutional provision also established the authority for the legislature to
                 enact measures for the abatement of air and water pollution. Later that same year,
                 the IAC issued a report recommending the establishment of twenty-six aquatic
                 preserves.

                 On October 21, 1969, the Governor and Cabinet acted upon the recommendations
                 of the IAC and adopted, by resolution, eighteen of the water bodies as aquatic
                 preserves. Other preserves were individually adopted at subsequent times through
                 1989, including Lake Weir, which was designated July 1, 1988.








                                                           8









             B. ADMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

             Chapters 18-20 and 18-21, Florida Administrative Code (F.A.C.), are the two
             administrative rules directly applicable to the uses of aquatic preserves specifically,
             and submerged lands in general. The general rules in Chapter 18-20, F.A.C., are
             supplemental to the rules in Chapter 18-21, F.A.C, in the regulation of activities in
             aquatic preserves.


             1. CHAPTER 18-20, F.A.C.

             Chapter 18-20, F.A.C., specifically addresses 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 18-20.001, F.A.C., which states:

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

                     (2)    The aquatic preserves which are described in Chapter 73-534, Laws
                            of Florida, Sections 258.39, 258.391, 258-392, and 258.393, Florida
                            Statutes, future aquatic preserves established pursuant to general or
                            special acts of the legislature, and in Rule 18-20.002, Florida
                            Administrative Code, were established for the purpose of being
                            preserved in essentially natural or existing condition so that their
                            aesthetic, biological and scientific values may endure for the
                            enjoyment of future generations.

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

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

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

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



                                                        9









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

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

                                (f)     to preserve, promote, and utilize indigenous life forms and
                                        habitats, including but not limited to: sponges, soft coral, hard
                                        corals, submerged grasses, mangroves, saltwater marshes,
                                        freshwater marshes, mud flats, estuarine, aquatic and marine
                                        reptiles, game and non-game fish species, estuarine, aquatic,
                                        and marine inv   'ertebrates, estuarine, aquatic, and marine
                                        mammals, birds, shellfish and mollusks;

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

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


                 2. CHAPTER 18-21, F.A.C.

                 Chapter 18-21, F.A.C., controls activities conducted on sovereignty submerged
                 lands in general and is predicated on the provisions of Sections 253.03, 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
                                citizens of Florida;





                                                            10








                      (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;

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




              C. RELATIONSHIP TO OTHER APPLICABLE PLANS AND PROGRAMS


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

              The Conceptual State Lands Management Plan, adopted on March 17, 1981, and
              amen@ed by the Board of Trustees on July 7, 1981 and March 15, 1983, contains
              specific policies concerning spoil islands, submerged land leases, "Outstanding
              Native Florida Landscapes," unique natural features, aquatic grass beds,
              archaeological and historical resources, and endangered species. These policies
              provide some of the fundamental direction for formulating management plans and
              policies of the Aquatic Preserves Program.

              The Local Government Comprehensive Plan (LGCP) for Marion County is required
              by the Local Government Comprehensive Planning and Land Development
              Regulation Act to have a comprehensive management plan with elements relating
              to different governmental functions (e.g., housing, physical facilities, conservation,
              land use, etc.) The plan, in effect, is intended to guide the future development of
              Marion County. Cities and counties are to adopt land development regulations and
              conform to the criteria, policies, and practices of their comprehensive plans, which
              must be updated periodically as required by recent statutory amendments.




                                                         11








                Bureau of Submerged Lands and Preserves staff will review Marion County's
                Comprehensive Plan to determine if the pertinent planning criteria and objectives
                are consistent with the objectives of aquatic preserve management. Each aquatic
                preserve management plan provides management guidance for those state
                managed preserve lands which are beyond the jurisdiction of the County's Local
                Government Comprehensive Plan. Consequently, if coordinated properly, the
                management plan for an aquatic preserve can serve as a waterward extension of
                County's LGCP. Marion, County's LGCP should be implemented by 1991.

                   Refer to Chapter VIIII for other applicable management authorities.







































                                                        12









                                                 CHAPTER III


                           DESCRIPTION OF LAKE WEIR AQUATIC PRESERVE



              A. LOCATION, BOUNDARY AND GENERAL UPLANDS DESCRIPTION

              The Lake Weir Aquatic Preserve is situated in the southeastern corner of Marion
              County, approximately 16 miles southeast of the City of Ocala. The preserve
              consists of those state-owned submerged lands lying below the ordinary high water
              line, excluding all privately held uplands. Although categorized as the Lake Weir
              Preserve, this preserve is actually a lake system composed of three basins; Lake
              Weir, Little Lake Weir and Sunset Harbor (Crissman et al., 1988).

              A variety of land uses, infrastructure and ownership patterns are found throughout
              the uplands surrounding the preserve.        The northern and western uplands
              surrounding the main lake (specifically the Town of Oklawaha and the Sunset
              Harbor Community) are densely populated. The uplands surrounding Little Lake
              Weir have sustained development on the north and south however, the eastern and
              western uplands currently exhibit little or no residential development.

              The maintransportation routes appurtenant to the preserve include U.S. Alt. 27/441
              (the principal arterial lying due west) and C.R. 25, a collector road which
              circumvents Lake Weir along its' northern and eastern shorelines, intersecting with
              collector road C.R. 42 at the southeastern corner of the main lake (Weirsdale). At
              this point C.R. 42 proceeds east to Altoona and west to intersect with U.S. 27/441
              (Sunset Harbor Road parallels C.R. 42 west). In the Sunset Harbor Area, C.R. 42
              links with Sunset Harbor Road (via S.E. 104 Terrace) and S.E. 100 Ave. to complete
              the north to south transportation leg on the western side of the preserve and
              complete the transportation network around the lake system.

              Interwoven among these major transportation routes is a network of minor feeder
              roads (both improved and unimproved) which serve to access those properties
              immediately adjacent to and upland of Lake Weir, Little Lake Weir and Sunset
              Harbor.



              B. PHYSIOGRAPHY

              Lake Weir, lies at an elevation of 57.85 ft. above mean sea level with depths varying
              from six up to eight meters (Crissman et al., 1988). The lake receives its' inflow
              and nutrients from three sources; ground water seepage, precipitation and surface
              water runoff (Messer, 1975). Although considered to be a closed basin system,
              there is one outflow containing a weir structure located along the northern shoreline



                                                       13








                  of the main lake, which allows for periodic outflow to the Oklawaha River (Crissman
                  et al., 1988).

                  Lake Weir is situated in the physiographic division of Florida known as the Central
                  Highlands. This region is characterized by large numbers of ponds and lakes in
                  the southern half, and numerous lakes, ponds, surface and subterranean streams,
                  in the north (Berner, 1950). The general topography of the uplands surrounding
                  the preserve is representative of this regional character in that there are nearly level
                  to small sloping sandhills, with numerous smaller ponds and lakes, in the vicinity
                  (Messer, 1975).

                  In their study to assess the cultural eutrophication of Lake Weir, Crissman et al.
                  (1 988)_ calculated the drainage area of the Lake Weir basin. Using the topographic
                  ,highs surrounding the lake basin as a methodological boundary, and including all
                  wetland acreage within this designated area, they determined the watershed area
                  to be 17.4 sq. miles.



                  C. GEOLOGY

                  The Karst topography of central Florida contains many lakes formed by the
                  dissolution, by water, of the underlying limestone bedrock. Lake basins formed by
                  this process may have resulted from the downward percolation of water through
                  the soil into fractures or weak points in the underlying bedrock, ultimately dissolving
                  the limestone until a doline develops. Obversely, this process may involve the
                  movement of subterranean water sources, such that when this water continuously
                  moves through a subsurface aquifer it weakens the roof of the chamber to the point
                  of collapse, leaving a basin of fairly regular shape on the surface (Reid and Wood,
                  1976). Lakes formed by this process have been categorized as "solution-lakes"
                  and Messer (1975) has concluded that the Lake Weir basin system was formed by
                  this process.

                  As to the present day hydrogeology of the Lake Weir area, two distinct aquifers
                  have been identified. The upper or shallow aquifer is composed of permeable sand
                  in the upper level and clay like sand interspersed with clay lenses, at greater
                  depths. This aquifer is underlain by low permeability soils and clays of the
                  Hawthorne Formation (Messer, 1975).


                  The second deep aquifer present underneath the upper shallow aquifer, is the
                  Floridan Aquifer. Underlying all of Marion County, this aquifer is composed largely
                  of limestones and dolostones. It has an area of approximately 82,000 square miles
                  and underlies Coastal Plain areas including the entire state of Florida, parts of
                  South Carolina, Georgia and Alabama (Fernald and Patton eds., 1984) (Messer,
                  1975).


                                                            14








              0. WATER QUALITY

              Water quality sampling has been performed on Lake Weir by various agencies over
              the past thirty-five years. The resultant observations have provided data for a
              number of research projects which have analyzed various facets of the preserves
              water quality.

              Messer (1975) studied the nutrient budget (loading and cycling) and trophic level
              of the lake stating, " The levels of chlorophyll A and the primary productivity of the
              lake are representative of mesotrophy, i.e., the lake is productive but not so much
              as to create problems with water use." Researchers with the St. Johns River Water
              Management District (1991) have studied the water quality of the lake and
              -documented nutrient loading sources, and the general good water quality of the
              main lake body. The Florida Game and Freshwater Fish Commission (1989)
              concluded that "Lake Weir is in the mesotrophic range based on water quality
              criteria" and that, "Water quality parameters varied little from year to year during the
              study, although seasonal trends in nutrient cycling were apparent". They also
              documented the algal bloom phenomenom.

              Finally, Crissman et al. (1991) in the Final Report for Phases 1, 11 and III of the Lake
              Weir Eutrophication Study state, "Although conventional chemical indicators of
              trophic.state do not indicate an acceleration of cultural eutrophication since the mid
              1970's, biological parameters, especially those of the microbial loop, suggest that
              while the trophic state changes may be subtle, they are nevertheless occurring".


              E. HYDROLOGY


              Although underlain by the Floridan Aquifer, the primary source of freshwater in the
              central Florida area is rainfall (Fernald and Patton eds., 1984). Precipitation (in the
              form of rainfall directly on the lake surface), artesian groundwater and surface water
              entering the lake are the inflow components of Lake Weirs' hydrologic budget.
              Evaporation, outflow through effluents and groundwater recharge (into the
              groundwater system from the lake bottom) are the elements of outflow, which affect
              the quantity of water stored in the lake basin (Messer, 1975).

              Water levels in the Lake Weir Preserve have fluctuated over the years from being
              as low as 54 feet MSL in 1957, to as high as 59 feet in 1961. As of 1983 these
              levels were again dropping and cOrrently the lake level is at one of the lowest
              stages ever recorded (Crissman et al., 1988). Fluctuation in the lake stages of Lake
              Weir are due to the variability of rainfall, whether in quantity or quality. "The
              alternate conditions of surplus and deficiency in the water supply of Marion County
              results from the imbalance between the rate and chronological distribution of input
              (rainfall and inflow) and output (infiltration, runoff and evapotranspiration) (Anderson
              and Faulkner, 1988).


                                                         15








                  Even as rainfall is the primary climatic factor influencing lake levels, modifications
                  to the watershed, in the form of changes to the existing natural land uses, may
                  have altered the natural surface and groundwater runoff patterns of the watershed.
                  Other modifications including activities on the immediate shoreline (e.g., canal
                  dredging, the placement of fill for causeways, roadbeds and the stabilization of
                  upland property) may have altered the natural nearshore hydrologic regime.


                  F. ARCHEOLOGICAL AND HISTORICAL RESOURCES


                  1.     Archeological Resources

                  In 1987, the Archeological Survey of Marion Counly (a survey designed to identify
                  historic structures and potential sites of archeological importance) was undertaken
                  to augment the existing data base of these resources within the county. According
                  to this d'ocument, little professional archeological research has been completed in
                  the preserve area.

                  The following excerpts from the survey summarize 1) the archeological work
                  previously accomplished around Lake Weir, and 2) those recently identified
                  archeological resource sites, which could prove significant in a prehistorical analysis
                  of the preserve:

                  "Another previously uninvestigated area believed to have a high potential for
                  prehistoric site location is in the Lake Weir vicinity. With the exception of an
                  excavation of a Weeden Island village complex on Bird (Timucua) Island in the
                  southwest portion of Lake Weir, no professional archaeological fieldwork has-been
                  carried out in the entire Lake Weir and adjacent Lady Lake quadrangle areas", and:

                  "in summary, eight new prehistoric sites were located on the basis of surface
                  inspection only. Several instances of isolated cultural materials were also observed.
                  The sites discovered, which fall into both the lithic scatter (6) and artifact scatter (2)
                  type categories, were all small. It is probable that subsurface testing would serve
                  to provide additional data for each. All the sites were directly associated with water,
                  including sink-holes, ponds, lakes and prairies. No riverine areas were investigated.
                  In the absence of water, only single artifact occurrences were noted. These
                  findings were completely consistent with our expectations. Although not all types
                  of environments were systematically sampled, it is believed that the general validity
                  and usefulness of the predictive model have been demonstrated. Above all else,
                  WATER appears to be the key to aboriginal site location".                   (Archeological
                  Consultants, Inc., 1987).






                                                              16










             2. Historical Resources



             In conjunction with the Florida Department of State, the Marion County Historical
             Commission and Planning Department received a grant to complete a variety of
             preservation projects relating to the county's historic preservation program. One
             of the main components of this work included the completion of National Register
             nominations for various properties surveyed in the county. Of these properties,
             eight from the preserve area were nominated primarily due to their association with
             the citrus industry, a topic which is under-represented in the National Register
             listing for Florida (Historic Property Associates, Inc., 1990).


             The sites which    have qualified for the Multiple Property National Register
             nomination, currently under review in Tallahassee include:

                   1)     Belle Air or "Ma" Barker House

                   2)     James Riley Josselyn House

                   3)     General Robert Bullock House

                   4)     Thomas S. Snook House

                   5)     Alfred Ayer House

                   6)     T.R. Ayers House

                   7)     Lake Weir Yacht Club

                   8)     Vanna P. Kelsey House


                   Source: Marion County Historic Preservation Project. Final Report. 1990.

             The above referenced list represents only a small number of those resources
             located in the vicinity of the preserve, which might be considered historically
             significant. Although a great number of these resources are not currently protected
             by any type of special local land-use regulation, the Marion County Board of
             County Commissioners have recommended that the currently proposed Historic
             Preservation Ordinance (Draft) be adopted (as recommended in the Comprehensive
             Plan) to protect designated archeological or historic resources within the county
             (Historic Property Associates, Inc., 1990.).




                                                     17









                 G. VEGETATIVE COMMUNITIES

                 A brief overview of the vegetative communities of the preserve is provided in the
                 following text (individual illustrations of some of the various species can be found
                 in Appendix B). A general freshwater aquatic vegetation key (Figure 3) and
                 vegetation profile (Figure 4) are also provided.

                 For purposes of discussion, the vegetative types have been divided into the
                 following four categories including: emergent, submergent, exotic and algae.
                 Vegetative communities on Lake Weir are illustrated in Figure 5.


                 1. Emergent Vegetation

                 Major concentrations of native emergents, surveyed by the Florida Game and
                 Freshwater Fish Commission (FGFWFC) for the period 1984-1989, include
                 maidencane (Pancium sp.) and spikerush (Eleochirusg@atga). Both species
                 proliferate on Lake Weir along the eastern, northern and southern shorelines, and
                 smaller concentrations along the shoreline in and around Sunset Harbor.
                 Concentrations of maidencane have been identified in waters up to 8 feet deep,
                 while spikerush normally inhabits the shallower shoreline region.              Other
                 concentrations of emergents in the preserve include: spatterdock (Nupha lutem),
                 cattail gypha sp.), pickerelweed (Pontederia lanceolata), fragrant water lily
                 (Nymphaea odorata)and sawgrass (Cladium *amaicense) (Table 1). These species
                 are located throughout the Sunset Harbor - Little Lake Weir canal area and in other
                 various areas throughout Lake Weir proper (FGFWFC, 1989).


                 2. Submergent Vegetation

                 Submergent vegetation typically forms the inner most or waterward boundary of
                 aquatic vascular plants. This vegetation is generally characterized by having long
                 sinnuous; leaves or a bushy growth-form with highly branched leaves (Reid and
                 Wood, 1976). The function of this vegetation within the aquatic community varies,
                 however certain species are known to act as cover for fish, food sources for
                 waterfowl, and habitat for other small aquatic life (Tarver et al., 1986).

                 Species composition on Lake Weir is dominated primarily by the submergent Illinois
                 pondweed (Potamogeton illinoensis). Found to inhabit depths of up to twelve feet,
                 this pondweed is important to fisheries as a source of cover, and as a marginally
                 important food source for waterfowl (FGFWFC, 1989) (Tarver et al., 1986). Other
                 prominent submergents in the preserve include hairgrass (Eleochirustaldwini) and
                 bacopa (Bacol2a caroliniana). Noticable plant species which were missing from the
                 1988-1989 FGFWFC Aquatic Vegetation Surveys include: dwarf arrowhead (Sagiltria
                 subulata , southern naiad (Na6as guadalugensis), coontail (Ceratophyllum


                                                          18










           AVERAGE
           WET
           SEASON
           WATER
           LEVEL








              AVERAGE
              DRY
              SEASON
              WATER
              LEVEL
                                                   VEGETATION KEY

       (0

                                5V Bm          virOWTV                                                                          R
                                                                                                  M N 0
                                                                                       K
                                                 E                     H



              A. Eichhornia crassipes (Water hyacinth)                 J.   Ceratophyllurn demersum (Coontail)                   S.   Eleocharis spp. (Spike rush)
              B. Salvinia minima (Water fern)                          K.   Nuphar luteum (Spatterdock)                          T.   Panicum virgation (Switch grass)
              C. Najas spp. (Naiad)                                    L.   Potamogeton spp. (Pondweed)                          U.   Xyris elliottii (Yellow-eyed grass)
              D. Lemna spp. (Duckweed)                                 A    Scirpits validus (Griant bulrush)                    V.   Centella asiatica (Coinwort)
              E. Hydrilla verticillata (Hydiflia)                      N.   Sagittariti lancifolia (Arrowhead)                   W.   Eupatorium capillifolium (Dog fennel)
              F. Utricularia spp. (Blatterwort)                        0.   Pontederia corihita (13ickerelweed)                  X.   Axo1lopus spp. (Carpet grass)
              G. Nelwnbo hitea (Lotus)                                 P.   Panicum hemitumon (Maidencane)                       Y.   Panicum spp. (Low panicuili)
              H. Myriophylltun spp. (Water milfbil)                    Q.   Ilibiacits spp. (flibiscus)                          Z.   Myrica cerifera (Wax myrtle)
              1. Nymphea odorata (White water lily)                    R.   Juncus effimis (Soft rush)

                                                                                   FIGURE 3.
                                                                 COMMON FRESHWATER VEGETATION
                                                                             (After Steve Gatewood)




           Wetland/Upland                  Emergent Species                   Submerged Species                    Broad Aquatic Marsh                   Uplands
                Ecotone
                Loblolly Pine                     Maidencane                              Bacopa                             Maidencane                      Pines
                 Sweeigum                          Smanweed                               Coonlail                           Pickerelweed                 Hardwoods
                   Fennel                            Lillies                              flyddlla                            Soft Rush
                  Willows                          Hairgrass                              Milfbil











                                                                                                       >>      scaup
                                                                                                             (Winter)






                                                                                                                               fleron

                                                                                       Largernouill Bass
                                                                           - W-W        -@@@Sink
                                                                                                        Hole




            NOTE: Lake width greatly lessened.

                                                                                     FIGURE 4.
                                                                             VEGETATION PROFILE










                                                                     s
                                                                    464







                                                                                                       ALT
                                                                                                       441


                                                                                                       ALT
                                                                                                        27




                               L
                                TTI
                               ITTLE
                            "KE WEIR
                                                                 LAKE WEIR
                                      All






                                                                                                         FIGL

                                                                                        ;rz







              441
               27








             demersum)   , and eelgrass (yallisneriagme(icana). Researchers with the FGFWFC
             consider that this reduction in plant species diversity is likely due to the effects of
             the algal blooms which can hinder light penetration and inhibit the photosynthetic
             process. (FGFWFC, 1989).*

             (*Note: Although missing from the FGFWFC 1988-1989 vegetation surveys, the
             submergents coontail (Ceratoghyllum demersum) and eelgrass (Yallisneria
             americana) were retained on the Aquatic Vegetation Species List, Table , due. to
             their identification on Lake Weir in 1988 by the FDNR, Bureau of Aquatic Plants,
             Survey and Management Report.)


             1 Exotic Vegetation- -

             A complete listing of those exotic plant species found within the preserve is
             unavailable at this time, however two species of exotics have been identified
             including hydrilla (Hydrilla@Lerticjllata) and the water hyacinth (Eichorniag@@.
             The expansion of these species has been contained by chemical controls
             (FGFWFC, 1989).


             4. Algae

             Algae represents the non-vascular vegetation found in the preserve. Located
             throughout the euphotic zone of the lake, agal communities can more specifically,
             be found on bottom sediments, distributed in or floating on the water column,
             attached to existing vegetation or secured to existing man-made structures. The
             predominant algal species identified by Messer (1975) included: Chroococuss
             rufescens, Lyngbya digueti, Lyngbya contortata, Lyngbya putealis and Microcystis
             aueruginosa. These algae belong to the blue-green group termed cyanophytes
             which can impact water clarity during algal blooms, by releasing the blue pigment
             phycocyanin, which reduces light penetration and ultimately the photosynthetic
             process of other plants (Reid and Wood, 1976). Other problems associated with
             various species of blue greens can include the formation of surface scums and
             water chemistry changes, which may also affect fish populations. Phytoplakton
             blooms have occurred in the preserve (during the winter months), but as to whether
             or what degree these increased numbers have affected the aquatic community is
             unclear (FGWFC, 1989). R      'eid and Wood (1975) state, "Although not necessarily
             "indicators" of pollution, blue-greens often thrive under such conditions, Lynqbya
             and Oscillatoria being notable examples".


             The predominant macroalga found within the preserve is muskgrass (Chara spp.)*.
             Muskgrass, an algae which superficially resembles seed plants, has been identified
             concurrent with Illinois pondweed in vegetation surveys (FGFWFC, 1989). Although


                                                        25








                       this species may become dense and impede waterfowl or fishing, it is an important
                       habitat for fish-food organisms and waterfowl (Tarver et al., 1986).

                       (*Note: The macroalga Stonewort (Nitella sp.) was dropped from the FGFWFC
                       1987-1989 vegetative list, due to its' noticable absence in their field surveys. This
                       species was also absent from the FDNR Aquatic Plant, Lake Weir Survey and
                       Management Report, 1988).



                                                                        TABLE 1


                               AQUATIC VEGETATION SPECIES LIST FOR LAKE WEIR


                                COMMONNAME                                             SCIENTIFIC NAME



                       EMERGENT SPECIES


                                         Alligator Weed                                Alternanthera ohiloveroides
                                         Arrowhead                                     Sagittaria lancifolia
                                         Banana lily                                   Nymphoides aquatica
                                         Bog moss                                      Mayaca fluriatillis
                                         Cat-tails                                     Tvl)ha spp.
                                         Floating ferns                                Ceratopteris
                                         Fragrant water lily                           Nymphea odorata
                                         Pennywort                                     Hydrocytle
                                         Pickerelweed                                  Pontederia cordata
                                         Spatterdock                                   Nupha luteum
                                         Spikerushes                                   Eleocharis spp.
                                         Water hyssop                                  Bacupa curoliniana
                                         Water-milfoils                                Myrophillium spp.


                       SUBMERGENT SPECIES


                                         Bladderwort                                   Utricularia floridana
                                         Bladderwort                                   Utricularia follosca
                                         Bladderwort                                   Utricularia purourea
                                         Dwarf arrowhead                               SaQfttaria subulata
                                         Fanwort                                       Cabomba caroliniana
                                         Hornwort/Coontail                             Ceratovhyllum demersurn
                                         Hydrilla                                      Hydrilla verticillata
                                         Illinois pondweed                             Potamogeton illinoinsis
                                         Southern naijad                               Naeas Quadaluvensis
                                         Tapegrass                                     Vallisneria americana
                                         Websteria                                     Websteria conferroides








                                                                            26









                                                   TABLE I continued



                               COMMONNAME                              SCIENTIFIC NAME



               SHORELINE AND DITCHBANK SPECIES


                               Bulrush                                 Scripus cubensis
                               Burheads                                Echiniodorus conditolius
                               Bur marigold                            Bidens spp.
                               Egyptian paspalidium                    _@_asr)aidium geminatum
                               Elephant ear                            Colocasia esculenta
                               Pennywort                               Hydrochloa caroliniensis
                               Rush                                    Fuirena scirpoidea
                               Smartweeds                              Polygonum spp.
                               Water primroses                         Ludwigia octoralls/peruriana


               SEDGES, GRASSES AND RUSHES


                               Indiacane                               Phramites australis
                               Maidencane                              Panicum hemitomon
                               Napier grass                            Pennisetem r)urpuem
                               Saw-grass                               Cladium iamaicense
                               Sedge                                   Cyverus spp.
                               Torpedo grass                           Panicum repens


               FLOATING


                               Duckweed                                Lemna spp.
                               Water lettuce                           Pista stratiotes
                               Water hyacinth                          Eichhornia crassbes
                               Water spangle                           Saivinia minima


               ALGAE


                               Musk-grass                              Chara spp.



               Sources:        Compiled from the Florida Game and Freshwater Fish Commission, Central Region.
                               1989. Lake Weir Investigations: Completion Report, Ocala, Fl., and the Florida
                               Department of Natural Resources, Bureau of Aquatic Plants, SW Aquatic Plant
                               Region Office, Survey and Management Report, Floral City, Fl., 1988.






                                                              27










                   H.       FISHERIES RESOURCES

                   Historically, the fishery on Lake Weir has included populations of sportfish including:
                   largemouth bass (Micropterus salimodes), bluegill (Lepomis macrochirus , readear
                   sunfish (Legomis microlophus) and black crappie (Pomoxis nigromaculatus . Very
                   little is known as to the abundance of these species prior to 1983, due to a lack of
                   routine monitoring (FGFWFC, 1983-1989). Recent surveys however, have resulted
                   in a limited data base concerning species diversity and abundance.

                   1. Diversity and Abundance

                   Recent electrofishing surveys carried'out by the Florida Game and Freshwater Fish
                   Commission (FGFWFC) have resulted in the identification of twenty-three vadous
                   species within the preserve (Table 2). Of these, the sport fishery population
                   included: bluegill, largemouth bass, redear sunfish and chain pickerel. Forage fish
                   populations included: seminole killifish, golden shiners, threadfin shad and brook
                   silversides (FGFWFC, 1989).

                   Of those sportfish surveyed, the bass population during 1989 was significantly lower
                   than for all other years surveyed. Researchers have partially attributed this decline
                   to fish kills which have been documented on the preserve in recent years, and to
                   an increase in sportfishing pressure. Population estimates for bluegill, indicate that
                   1989 estimates are double the first estimates of 1985 while estimates for redear
                   sunfish were also higher than earlier estimates (FGFWFC, 1989).

                   2. Crappie Loss

                   The initial recorded data of the crappie population on Lake Weir began in 1984 with
                   the FGFWFC Central Region Fish Management Study (including the Lake Weir
                   Investiagitions:   Completion      Report,     (1984-19U9 . The report,            although
                   comprehensive in design (constructed to obtain long term baseline data on water
                   quality, fish population structure, vegetative communities and invertebrate
                   populations) was not originally structured to investigate solely the crappie loss. The
                   results of this study were inconclusive concerning this phenomenon.

                   The Crissman study also examined the crappie loss phenomenon on the lake. An
                   excerpt from the Final Report of Phases I and 11 of the Lake Weir Eutrophication
                   Study (1988) states, "After examining the possible causes for the dramatic loss of
                   the black crappie fishery, no obvious explanation exists. Extreme fishing pressure,
                   inappropriate use of herbicides or other factors can contribute to fish population
                   changes. But even these suggestions can be ruled out for Lake Weir since neither
                   has occurred (FDNR and FGFWFC, personal communication).                         Perhaps a
                   combination of factors led to the loss. If crappie can be re-established by stocking,
                   the problem will be solved although an explanation for their current demise may be



                                                               28








               lacking. If not, further efforts to identify the factor or factors that killed the crappie
               will probably continue."

               3. Disease and Fish Kills


               As part of the Lake Weir Investigations Project, the FGFWFC investigated other
               phenomenon, which have plagued the fish population in the preserve since they
               were recorded in 1985. These include fishkills and disease. The following is an
               excerpt from that report:

                       "Events which coincided with the loss of the crappie were unexplained fish
                       kills. Adult redear sunfish were involved in a limited fish kill during the
                       summer of 1985. Since no cause could be identified and mainly large fish
                       were killed, it was assumed -that an old age class was dying. However,
                       another kill occurred from May to September 1986 affecting several species.
                       The majority of fish killed were adult bass and bluegill. Approximately 20 to
                       30 dead fish, primarily bass, could be observed on any given day. Upon
                       closer examination, struggling and recently-dead fish were found to have
                       white or pinkish gills suggesting anemia.

                       Fish with pale gills were collected during June 1986 and sent to the
                       Department of Fisheries and Allied Aquaculture at Auburn University for
                       pathological analyses. Additional fish samples were sent to the Florida
                       Department of Environmental Regulation (DER) for pesticide analyses.
                       Personnel from Auburn indicated Aeromonas sp. was present in liver tissue
                       and gill parasite concentrations were high. However, their opinion was that
                       these infections were secondary to stress produced by anemia. Results of
                       the DER pesticide investigation concluded that the only definitive statement
                       that could be made after four years of fish kill investigations was that some
                       sportfish were anemic and kills were continuing." (FGFWFC, 1989).




                                                         TABLE 2


                                        FISH SPECIES LIST FOR LAKE WEIR



                       COMMONNAME                                      SCIENTIFIC NAME


                       Largemouth bass                                 Micropterus salmoides
                       Bluegill                                        Lepomis macrochirus
                       Redear sunfish                                  Lepomis microlophus
                       Spotted sunfish                                 Ler)omis punctatus
                       Warmouth                                        Lepomis aulosus
                       Black crappie                                   Pomoxis nigromaculatus



                                                              29










                                                                TABLE 2 continued


                               COMMONNAME                                           SCIENTIFIC NAME

                               Chain pickerel                                       Esox n!ger
                               Brown bullhead                                       Ictalurus nebulosus
                               Yellow bullhead                                      Ictalurus natalis
                               White catfish                                        Ictalurus catus
                               Florida gar                                          Lepisosteus Platyrhincus
                               Lake chubsucker                                      Erimvzon sucetta
                               Bowfln                                               Amia calva
                               Golden shiner                                        Notemiaonus crysoleucas
                               Coastal shiner                                       Notropis Petersoni
                               Tadpole madtom                                       Noturus avrinus
                               Dollar sunfish                                       Lei)omis marginatus
                               Bluespotted sunfish                                  Enneacanthus aloriosus
                               Swamp darter                                         Etheostoma fusiforme
                               Seminole killifish                                   Fundulus seminolis
                               Brook silverside                                     Labidesthes sicculus
                               Threadfin shad                                       Dorosoma petenense
                               Mosquitofish                                         Gambusia affinis




                               Source:           FGFWFC, 1989




                      1.        VERTEBRATE WILDLIFE RESOURCES


                      Note: This section is taken from a draft report prepared by Henry Smith, Biological
                      Scientist 111, with the Florida Department of Natural Resources.


                      Wetland ecosystems and associated wetland-upland terrestrial ecotones comprise
                      extremely valuable wildlife range in terms of their combined foraging and breeding
                      habitat benefits. Many animals live their entire life cycle in lakes and wetlands.
                      Other species occupy temporal breeding/nursery ground niches in these habitats.
                      Furthermore, a high percentage of the wildlife species listed as endangered or
                      threatened by the U.S. Fish and Wildlife Service Endangered Species Act are fully
                      dependent on, or seasonally utilize, freshwater wetland habitats.

                      Less well publicized, more cryptic wetland values are also accrued. For example,
                      some wetlands provide great wildlife wintering habitat while only exhibiting limited
                      spring/summer breeding habitat usage. As a summary testimonial to the wildlife
                      values provided by wetlands it should be noted that "one third of all bird species,
                      190 species of amphibians and 5,000 species of plants are thought to occur" in
                      wetlands throughout the United States.



                                                                          30








             Several factors affect wildlife usage of lakes, wetlands and wetlands-uplands
             transitional zones. Among the most important of these factors are: (a) naturally
             occurring and artificially induced water level fluctuations which can accelerate or
             retard plant community successional patterns. Shallow water plant communities are
             particularly influenced by this factor; (b) influences of point source wastewater and
             non-point source stormwater discharges; (c) agricultural activities within the
             watershed; and (d) construction activities such as dredge and fill actions which
             directly impact aquatic environments, as well as construction activities occurring
             anywhere within the surrounding watershed which may have primary or secondary
             impacts on the system.

             Construction activities which occur in floodplains and on shorelines can result in a
             broad spectrum of impacts to wildlife resources. Adverse effects can range from
             local, temporary displacement of commonly occurring wildlife to catastrophic losses
             of endangered species or irretrievable loss of significant habitat(s). Some of the
             construction activities which can have significant impacts on wetland environments
             include: building construction, construction of drainage structures, construction of
             impervious surfaces (resulting in increased non-point source runoff discharges to
             surface waters), line construction, and mineral extraction operations. Cumulative
             effects of the aforementioned activities may result in additive or synergistic negative
             impacts to wildlife resources.

             1. Birds


             The Florida Game and Freshwater Fish Commissions' (FGFWFC) Non-Game
             Wildlife Program has recently completed surveys designed to document the
             existence of those species of wildlife known to occur on Lake Weir. The resultant
             data from these surveys indicate that there are at least two documented wading
             bird nesting sites, located within the preserve area (FGFWFC, 1989).

             This first colony is located on the Carney Island peninsula, and provides nesting
             habitat for three primary species including: the cattle egret (Bubulcus ibis), great
             .blue heron (Ardea herodias) and anhingas (Anhinga Intt". The FGFWFC
             estimates that there are approximately 10-25 pair of breeding cattle egrets, 2-5 pair
             of breeding great blue heron and 5-10 pair of breeding anhinga which use this site.
             Reproduction estimates were unavailable due to the completion of nesting prior to
             survey execution (FGFWFC, 1989).

             The second documented colony site(s) is a combination of two sites which are in
             close proximity to one another. One of these sites is located on the southern end
             of Bird Island. Great blue herons as well as cattle egrets are known to use this site
             for nesting. The second site is on a small willow island located in Sunset Harbor.
             This site has also been documented as breeding habit for the great blue heron and
             cattle egret (FGFWFC, 1989).



                                                        31








                      Other small wading or shorebird colonies may occur within the mix of habits found
                      within the preserve and the adjacent uplands, however their existence and numbers
                      have yet to be documented.

                      2. Mammals, Reptiles and Amphibians

                      A definitive listing of mammalian, reptilian and amphibian faunal assemblages within
                      the Lake Weir watershed, was unavailable at this time. However, an incomplete
                      listing of those animals species likely to occur within the mix of habitats found in
                      and around the freshwater lake areas is presented below.

                               8.       Mammals


                                        Common Name                          Scientific Name

                                        Virginia Opossum                     Didelphis virainiana
                                        Least Shrew                          Cryptotis parva
                                        Shorttail Shrew                      Blarina brevicauda
                                        Eastern Mole                         Scalopus aouaticus
                                        Raccoon                              Procyon lotor
                                        Long-tailed Weasel                   Mustela frenata
                                        River Otter                          Lutra canadensis
                                        Spotted Skunk                        Soiloaal putoriu
                                        Striped Skunk                        Mer)hftis mephitis
                                        Red Fox                              Vulpes vulpes
                                        Gray Fox                             Urocyon cinereoargenteus
                                        Bobcat                               Fells rufus
                                        Eastern Gray Squirrel                Sciurus carolinensis
                                        Eastern Fox Squirrel                 Sciurus nicie
                                        Southern Flying Squirrel             Glaucomys volans
                                        Round-tailed Muskrat                 Neofiber alleni
                                        Beaver                               Castor canadensis
                                        Eastern Cottontail                   Sylvilagus floridanus
                                        Marsh Rabbit                         Sylvilacius Palustris
                                        White-tailed Deer                    Odocoileus vinginianus
                                        Nine-banded Armadillo                Dasvi3us novemcinctus

                               b.       Reptiles

                                        Common Name                          Scientific Name

                                        American Alligator                   Allicato mississivDiensis
                                        Stinkpot                             Sternotherus odoratus
                                        Eastern Mud Turtle                   Kinosternon subrubrum
                                        Florida Cooter                       Pseudemys floridana
                                        Yellow-Bellied Slider                Trachemys scripta
                                        Eastern Chicken Turtle               Deirochelys reticularia
                                        Florida Softshell                    Trion ferox
                                        Snapping Turtle                      Chelydra serpentina




                                                                           32








                      b.       Reptiles (cont'd)

                               Common Name                     Scientific Name

                               Water Snake species             Nerodia spp.
                               Black Swamp Snake               Seminatrix Pyaaea
                               Mud Snake                       Farancia abacura
                               Ribbon Snake                    Thamnophis sauritus



                      C.       Amphibians

                               Common Name                     Scientific Name


                               Greater Siren                   Siren lacertina
                               Eastern Lesser Siren            Siren intermedia
                               Two Toed Amphiuma               Amphiuma means
                               Green Frog                      Rana clamitans
                               Pig Frog                        Rana gntU2
                               Bullfrog                        Rana utricularia

                       Source: FDNR, 1990




               3. Designated Species - Rare, Endangered or Threatened

               Found in Table 3 and Table 4 are lists of floral and faunal species which may be
               found at or in the vicinity of Lake Weir. These species have been given legal
               protection pursuant to the U.S. Fish and Wildlife Service (USFWS) Endangered
               Species Act of 1913, and/or Florida Game and Fresh Water Fish Commission
               (FGFWFC) regulations.

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





                                                               33










                                                                 TABLE 3


                                      DESIGNATED FLORA LIKELY TO OCCUR IN THE
                                            LAKE WEIR AQUATIC PRESERVE AREA



                            SPECIES                                                  DESIGNATION
                                                                                FGFWFC USFWS


                    Curtiss' Milkweed
                    (Ascleplas curtissii                                        E

                    Florida Bonami
                    (Bonamia grandiflora                                        E

                    Ashe's Savory
                    (Calamintha Aj@o                                            T

                    Longspurred Mint
                    (Dicerandra comutissima                                     E                E

                    Scrub Buckwheat
                    (Eriogonum longifolium van cinaghalifolium                  T

                    Scrub Holly
                    aLex opaca var arenicola                                    T

                    Florida Bear-Grass
                    (Nolina atopocarpa                                          E

                    Large-Flowered Grass-of-Parnassus
                    (Parnassia grandifolia                                      E

                    Lewton's Polygala
                    (Polyciala lewtonii                                         E




                            FGFWFC            Florida Game & Fresh Water Fish Commission
                            USFWS             United States Fish & Wildlife Service
                            E                 Endangered
                            T                 Threatened
                            T(S/A)            Threatened Due to Similarity of Appearance
                            S                 Species of Special Concern

                            Source:           Modified from the Florida Natural Areas Inventory. August 1, 1990.
                                              Distribution of Rare/Endangered Species in Marion County, Florida.







                                                                     34









                                                             TABLE 4


                                  DESIGNATED FUANA LIKELY TO OCCUR IN THE
                                        LAKE WEIR AQUATIC PRESERVE AREA



                         SPECIES                                                  DESIGNATION
                                                                             FGFWFC USFWS


                Lake Eustis Pupfish
                (Cyprinodon variegatus hubbsi                                S

                Gopher Frog
                (Rana aerolata                                               S

                American Alligator
                (Alliaato mississippiensis)                                  S              -T(S/A)

                Eastern Indigo Snake
                (Drymarchon corais couperi                                   T                T

                Gopher Tortoise
                (Gopherus polyphemus                                         S

                Sand Skink
                (Neoseps reynoldsi                                           T                T

                Florida Pine Snake
                (Pituophis melanoleucus muciftus                             S

                Short-Tailed Snake
                (Stilosoma extenuaturn                                       T





                         FGFWFC=          Florida Game & Fresh Water Fish Commission
                         USFWS            United States Fish & Wildlife Service
                         E                Endangered
                         T                Threatened
                         T(S/A)           Threatened Due to Similarity of Appearance
                         S                Species of Special Concern

                         Source:          Modified from the Florida Natural Areas Inventory.         August 1, 1990.
                                          Distribution of Rare/Endangered Species in Marion County, Florida.








                                                                  35







                  J.  7REGIONAL LAND USE, DEVELOPMENT AND ASSOCIATED IMPACTS

                  1. ADJACENT UPLAND USES


                  Based upon existing development conditions the adjacent upland uses of the
                  preserve can be classified as follows: low density-rural or agricultural, medium
                  density residential, high density residential, public recreation-preservation and
                  commercial. These divisions do not necessarily reflect municipal or county zoning
                  terminology.

                  A. Residential Uses


                  a. Low Densi% Rural or Agricultural: This designation is characterized by areas
                  that exhibit rural or agricultural characteristics (i.e. farmland, ranchland, open space
                  or pastureland). This pattern is exhibited in the upland areas of the preserve on the
                  southern shoreline of Lake Weir proper, from the southern boundary of the private
                  beach of Sunrise Beach Villas, west to the eastern boundary of the Hope Park
                  Recreation Area, and those uplands surrounding the southern shoreline of Little
                  Lake Weir.


                  In general, the land-use pattern of these upland areas of the preserve are
                  dominated by large lot single-family residences abutting or adjoining open-space,
                  pasture or agricultural property. Much of the agricultural property is either phased
                  out or currently replanted citrus groves, while the remaining property is either
                  currently unused open space or pastureland for livestock. There are parcels of
                  land along both shorelines which sustain uses other than the overall rural,
                  agricultural/open space or low density land-use pattern (e.g. Big Lake Village
                  Mobile Home Park and Eatons Beach). These uses however, are viewed as
                  exceptions to the general development pattern.

                  b.  'Medium Density: There is one area of the preserve upland considered
                  medium density. This area begins at Roberts Drive and extends south, along the
                  eastern shoreline of Lake Weir to the southern boundary of the Sunrise Beach Villas
                  and Condominium property.

                  The eastern shoreline and adjacent uplands of Lake Weir are absorbing much of
                  the newer growth on the preserve.            Examples of this growth include the
                  subdivisions of 'The Sanctuary" and "Woodmar". These subdivisions are typically
                  composed of lot single-family homes with private single family docks appurtenant
                  to the shorefront properties. Other major residential developments found here
                  include: Weirview Bluff, Orangewood Shores, and Sunrise Beach Villas.

                  Farther upland, and interspered throughout the uses just described are tracts and
                  parcels of wooded or forrest land, wetlands, open space or pasture land and ponds



                                                            36









             or lakes. Remnant or replanted citrus grove sites can also be found scattered
             throughout the vicinity.

             c. High DenjjW. Those areas of the preserve uplands considered to be high
             density include: 1) that area between the northern boundary of the county lands on
             Carney Island and Roberts Drive, on the northern shoreline of Lake Weir (including
             the Town of Oklawaha) 2) the uplands surrounding the northern shoreline of Little
             Lake Weir and 3) the southern and western uplands within Sunset Harbor
             (exclusive of the adjacent Carney properties).

             The northern shoreline of Lake Weir (including those uplands lying in and around
             the Town of Oklawaha) are well developed with various sized single and multi-family
             residences some of which reveal Queen Anne Revival, Colonial Revival or Folk
             Victorian Architectural Styling, indicative that these homes have existed on the lake
             for many years.

             Other upland uses include numerous commercial establishments, public
             infrastructure and recreational uses, while shorefront development includes a
             myriad of water dependent structures and uses ranging from private beaches and
             private residential docks to covered boat slips, boathouses and commercial
             structures.


             The northern shoreline and uplands of Little Lake Weir are also highly developed,
             however the uses are not as varied as that found in Oklawaha. Large lot single-
             family homes and private single family docks line the shoreline. Farther upland, are
             two communities containing small lot single family residential dwellings, these are
             the communities of Bliss Haven and Lake Haven. Two other more expansive
             subdivisions located within the immediate uplands include Lake Weir Heights and
             Lake Weir Shores. These developments do not abut the lake at any particular
             point.

             The last area to be described here is the Sunset Harbor area or more specifically
             that area from the eastern boundary of the Hope Park Recreation area west and
             north to the Lake Weir-Uttle Lake Weir connector canal (including Bird Island).

             The shoreline of this section of the preserve is representative of the other well
             developed areas of the preserve, consisting primarily of single and multi-family
             residential docks and private swim access areas. Immediate shorefront lots are
             primarily small lot single-family residences. Farther upland, development becomes
             more dense with five subdivisions or communities located within the immediate
             upland vicinity. Major developments include: Sunset Harbor Subdivision, Lake Weir
             Harbor Estates, Lake Weir Shores, Southwood Shores Community and Loch
             Harbor Condominiums. The type of residence found throughout the area can
             generally be considered to be small lot single-family residential housing, either in
             the form of mobile, modular or conventional style or multi-family complexes. Other


                                                      37








                 land uses which are scattered throughout the vicinity include: gas stations, schools,
                 convenience stores, and other forms of public infrastructure.



                 B.     Public Uses


                 a. Public Recreation and Preservation: Public recreation in the forms of fishing,
                 swimming, picnicking, etc., have been major uses of the preserve for many years.
                 Preservation has also recently become more important due to increasing residential
                 development within the vicinity. In an effort to increase outdoor recreational
                 opportunities and maintain the natural integrity of various uplands, Marion County
                 has purchased the Carney Island property. In conjunction with the Florida Game
                 and Freshwater Fish Commission (FGFWFC), the county also provides or maintains
                 five public recreation areas. Each site provides for access to the preserve and
                 sustains varying forms and amounts of infrastructure. The following list furnishes a
                 description of the infrastructure and a general location for those public recreation-
                 preservation sites appurtenant to the preserve.

                        1)      Hope Park: This recreation area has facilities for boating access
                                including (2) single lane and (1) double lane boating access ramps
                                and (2) access or loading piers. Improved parking, restroom and
                                picnicking facilities (tables) are also provided. The site is located
                                along the southern shoreline of Sunset Harbor.

                        2)      Hamptons Beach: The facilities located at this site provide for
                                boating access with (1) double lane boating access ramp, picnic
                                tables, restroom facilities, improved parking facilities and a designated
                                swim area. It is located approximately mid-point (north to south)
                                along the eastern shoreline of Lake Weir proper.

                        3)      Johnsons Beach Boat Ramp: The facilities at this site include (1)
                                single lane boating access ramp. Swimming frequently occurs here,
                                however there is no designated swim area. The site is located along
                                the northern shoreline of Lake Weir, in the Town of Oklawaha.

                        4)      Oxners Beach ("Florida Power Beach"): This recreation area is
                                small in size (compared to those sites previously referenced). It
                                provides for picnicking (tables provided) and is used occasionally for
                                swimming, though not a designated swim area. The nickname
                                "Florida Power Beach" has been given due to the location of the
                                utilities office which is often used as a directional reference point.
                                This recreation site is located along the northern shoreline of Lake
                                Weir proper, in the eastern half of the Town of Oklawaha.




                                                           38








                      5)     Little Lake Weir Boat Ramp: The facilities at this site consist of (1)
                             single lane boating access ramp. It is located on the western
                             shoreline of Little Lake Weir.



                      6)     Lake Weir Seaplane Base: Located along the northern shoreline of
                             Lake Weir is a designated seaplane landing area. No infrastructure
                             facilities are located within the area, however the site is used for
                             taxiing, landing and take-off of seaplane type aircraft.

                      7)     Carney Island: Much of this peninsula has recently been purchased
                             by the county and is in the form of abandoned citrus groves. Derelict
                             maintenance sheds and buildings can also be found on the property.
                             There are privately owned outparcels on the northern and southern
                             parts of the peninsula itself. These properties currently sustain private
                             single family residential dwellings, utility sheds and replanted or active
                             citrus groves. There is little public infrastructure found throughout the
                             peninsula.



              C.      Commercial Uses


              There are (5) five commercial uses of the preserve that are either totally water
              dependent or that include the use of the preserve as an element of their
              commercial enterprise. The following is a list of these establishments and their
              general location:

              a)      johnsons Restaurant and Beach: This enterprise consists of an over-the-
                      water restaurant and private (fee access) beach.      -It is located along Lake
                      Weirs' northern shoreline in the Town of Oklawaha.

              b)      Eatons Beach: This establishment is a second private (fee access) beach,
                      located on the southern shoreline of Lake Weir proper. The facilities here
                      include (1) single lane boating access ramp and (1) swimming or boat
                      mooring pier.

              c)      Sunset Harbor GroggE. A convenience style grocery store, Sunset Harbor
                      Grocery also has fueling facilities for boating activities held on the preserve.
                      Its location is along the western shoreline of Sunset Harbor.*

              d)      Lock Weir Marina: This facility rents covered boat slips and is located at the
                      mouth of the unnamed canal, in Oklawaha.






                                                         39








                  e)     Lake Weir Fish CaMR: This camp has several access (mooring piers), bait
                         and tackle shop and fueling facilities. Accessibility to the camp is periodically
                         obstructed, due to low water levels and heavy veg@tation growth in the
                         attendant canal. The camp is situated at the north end of the unnamed
                         canal and C.R. 25, in the Town of Oklawaha.*


                         (*Note: These uses are located adjacent to or are on canals title to which
                         may be privately held).



                  2. CURRENT USES OF THE PRESERVE


                  The uses of the Lake Weir Aquatic Preserve can be divided into four general
                  categories including: private, commercial, public recreation and open water.

                  A.     Private: Private uses are reflected in the many docks, piers, ramps and
                         beaches associated with the single and multi-family residences (or
                         communities) abutting the preserves shoreline.

                  B.     Commercial: Commercial uses of the preserve have varied throughout the
                         years from providing water (necessary for the irrigation of citrus), the
                         dredging of sand (during the mid 1900's used in the construction industry),
                         to sport-fishing and recreational boating. Although the dredging of sand has
                         ceased and the volume of commercial irrigation reduced, sport-fishing,
                         swimming and recreational boating remain as viable commercial uses of the
                         aquatic resources.

                  C.     Public Recreation: The preserve is currently used, for a variety of active
                         water dependent activities including: fishing, swimming, canoeing, water
                         skiing, pleasure boating, sailing and increasing amounts of jet ski traffic.

                  D.     Open Water: There are two open water areas which are buoyed and used
                         for water ski coursing at various times of the year. Both of these areas are
                         located on Lake Weir proper. One course is located in the southeastern
                         corner, the other in the southwestern corner.The water depths in these areas
                         range from seventeen to twenty-eight feet.

                         A second open water use of the preserve includes those areas preempted
                         by the Florida Game and Freshwater Fish Commissions', fish attractors.
                         Developed as artificial habitat, these structures average 1/4 acre in size and
                         are constructed of citrus, hardwood brush or other non-polluting materials.
                         They are marked with regulatory signs and have been located at various
                         points throughout the preserve.


                                                             40










             3. PLANNED USE

             In referencing the current residential development pattern of the county, planners
             have noted current land-use trends stating, 'The 116,933 acres of residential land
             in unincorporated Marion County is concentrated in three areas: the Ocala urban
             area, the State Road 200 corridor and the Belleview/Lake Weir area, in the
             southeastern portion of the county". Recognition of further potential residential
             development has led the county to predict further expansion into the above
             referenced areas stating, 'The State Road 200 corridor is likewise expected to
             continue to be a high growth area as is the Belleview area, Marion Oaks
             development and the Dunnellon area" (Marion County Comprehensive Plan, Future
             Land Use Element Draft, 1991).

             The major influence behind the increase in residential development is the expansion
             of the county's population base. The population of Marion County in 1980 was
             122,488 and 1989 estimates adjust this figure to 190,742 (BEBR 1989). The
             majority of this increase is due to immigration of new residents (93% during the
             1980's) from the midwest, northeast and south Florida (Marion County
             Comprehensive Plan, Future Land Use Element Draft, 1991).                 In addition,
             population estimates for the year 2,000 indicate a potential county-wide increase
             to 263,798 an increase of approximately 73,000 persons. Of the 1989 county-wide
             estimates 139,233 persons are estimated to be residing in unincorporated Marion
             County (BEBR, 1989).

             These indicators are important, as population growth and concomitant development
             can have the potential to impact water resources, wildlife habitat and generally
             increase the potential for environmental degradation.




             4. ASSOCIATED IMPACTS


             Land-use alterations in the preserves' watershed has impacted the preserves'
             overall water quality. Historically, early land clearance, the installation of the weir
             structure, post WWII population increases and the development of citrus agriculture
             have all contributed to the cultural eutrophication of the preserve (Crissman et al.,
             1991).

             As to the primary source or sources of present day nutrient loading and cultural
             eutrophication, Crissman et al. (1991) have attributed this phenomenon to an
             increasing human population level and the fact that the residential population within
             the watershed is currently serviced solely by septic tanks. Those sections of the
             preserve most clearly impacted, are those areas adjacent to the uplands sustaining
             the highest density residential land-uses (e.g. Sunset Harbor, Oklawaha and Little
             Lake Weir) (Crissman et al., 1.991).


                                                        41








                 Other sources of nutrient loading, identified by researchers at the St. Johns River
                 Water Management District include those existing residential developments which
                 do not currently have or which do not currently maintain existing stormwater
                 treatment facilities. Identified as important nutrient sources, these developments,
                 along with existing septic tanks were not identified as the primary nutrient loading
                 agent of the lake. The agricultural, pasture or open lands currently surrounding the
                 preserve, have been identified by the SJRWMD, as the primary nutrient source for
                 the lake (Memo, St. Johns River Water Management District, 1991).

                 This lake is currently experiencing events which range from fish kills and disease,
                 to fish species disappearances and phytoplankton (algal) blooms (FGFWFC, 1989)
                 (Crissman et al., 1988). Increased nutrient loading is a result of historical and
                 contemporary land-use alterations and activities. To summarize Crissman et al.
                 (1991) states, "Since land clearance, the lake system has become progressively
                 eutrophic so that today it is at the mesotrophic/eutrophic transition".
































                                                          42











                                                   CHAPTERIV


                                             MANAGEMENT AREAS



              A. INTRODUCTION


              This chapter divides the Lake Weir Aquatic Preserve into separate management
              areas where general or special rule criteria and allowable uses are defined for each
              area. The management areas are classified and delineated based on the types and
              locations of existing and planned uses of the adjacent uplands (Figure 6), as well
              as on the types, occurrence and characteristics of the natural cultural resources on
              submerged lands. The various management areas delineated may be classified
              similarly or differently as these factors vary in the preserve.

              The purpose of this chapter is four-fold: (1) to provide a better understanding of
              the general and special rule criteria designed to preserve and protect resources
              and habitat, (2) to identify the types of allowable uses on state-owned submerged
              lands within a preserve, (3) to provide local planners with a guide for land use
              decisions, and (4) to provide both the staff of the Bureau of Submerged Lands and
              Preserves and other agencies a continuity of direction in the management of this
              preserve. As such, this intent will afford habitat protection while lending some
              measure of predictability for allowable public and private uses in the aquatic
              preserve.

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

              There are a number of differences between the rules governing uses of state-
              owned submerged lands within an aquatic preserve relative to those not within an
              aquatic preserve. The principal difference is that uses of the submerged lands
              within an aquatic preserve must be shown to be "in the public interest" before they
              can be authorized, as opposed to "not contrary to the public interest" for non-
              aquatic preserve areas.



                                                         43








                  B. MANAGEMENT AREA CLASSIFICATIONS

                  A key component of the management program for any aquatic preserve is the
                  division of the preserve into management areas. The classification of management
                  areas in an aquatic preserve is based upon the resource value of submerged lands
                  within the preserve associated with existing and future land uses on the adjacent
                  uplands as designated in the local government comprehensive plan(s). As in the
                  delineation of upland uses through zoning, the delineation of a preserve into
                  management areas is two-fold: (1) to identify areas of public and private uses, and
                  (2) to provide standards with which proposed uses and activities must comply. The
                  intent of these management area classifications is to make potential development
                  activities compatible with resource protection goals.

                  Designated land uses are incorporated    into the classification of management areas
                  because use of the adjacent uplands has a direct bearing on the intensity of
                  demand for uses of state-owned submerged lands. As mentioned earlier, the
                  Aquatic Preserve Program has no jurisdiction over the designated use of the
                  adjacent uplands. The incorporation of a designated land use into the management
                  area classification is simply an acknowledgement of a local government's decision
                  as to how a specific upland area can be developed. Specific land uses to be
                  incorporated in the classification of management areas include:

                         Agriculture LAG): This category represents state-owned submerged lands
                         adjacent to land designated on a future land use map for a county and/or
                         municipality as agriculture. It is intended to include sparsely populated areas
                         used primarily for agricultural and/or forestry purposes.

                         Single-Family (SF): This category represents state-owned submerged lands
                         adjacent to land designated on a future land use map for a county and/or
                         municipality as single-family residential. It is intended to include areas using
                         the adjacent portion of the preserve solely for private recreational activities.

                         Multi-Family (ME): This category represents state-owned submerged lands
                         adjacent to land designated on a future land use map for a county and/or
                         municipality as multi-family residential. It is intended to include areas where
                         more than one private residence are using the adjacent portion of the
                         preserve solely for private recreational activities. The associated residences
                         include townhouses, trailer parks, condominiums, apartments, and any other
                         group of multi-family dwellings. This category also includes a group of
                         single-family property owners (i.e., homeowners association) that proposes
                         to use state-owned submerged lands for the mutual benefit of the group.

                         Commercial-industrigLCCII: This category represents state-owned submerged
                         lands adjacent to land designated on a future land use map for a county
                         and/or municipality as commercial or industrial. The category is


                                                            44











                                                              s
                                                             464








                                                                                                 LT





                                     ,,.k r
                                                                                                27




                         LIME
                      LAKE WEIR
                                                          LA KE WEIR

   Ln
                                                                                                    FIGUR




                                ED


                                                                                                    crma=
              C
                         L"T'
                      LAKE V


















         441
          27









                    also intended to incorporate uses associated with structures that charge fees
                    or generate revenue.

                    Public Recreation (PR): This category represents state-owned submerged
                    lands adjacent to land designated on a future land use map for a county
                    and/or municipality as public recreation/preservation and is utilized for the
                    purposes of public recreation. It is intended to include (1) areas where
                    structures are used by the general public at no charge and (2) federal, state,
                    and municipal parks that charge a nominal fee.

                    Preservation (P): This category represents state-owned submerged lands
                    adjacent to land designated on a future land use map for a county and/or
                    municipality as preservation. Upland ownership can be either public or
                    private.

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



             Classifications of management areas are also derived from the resource value of
             the state-owned submerged lands lying adjacent to upland property. Each of the
             land use classifications listed above is assigned an appropriate number to identify
             the resource value of the adjacent submerged lands. The methodology used to
             determine this resource value shall be consistent with the latest methodology
             approved by the Bureau of Submerged Lands and Preserves.

             If an area within the preserve is identified as a Primary Resource Protection Area
             (PRPA), then it will be assigned a resource value of "ll". A PRPA essentially
             combines Resource Protection Areas 1 and 2, as defined in Sections 18-20.003(31),
             and 18-20.003(32), F.A.C.

             Submerged areas that are characterized by the absence of resource attributes will
             be designated as a Secondary Resource Protection Area (SRPA), and will be
             assigned a resource value of "2". A SRPA is a Resource Protection Area 3 as
             defined by Section 18-20.003(33), F.A.C.

             As stated previously, resource values are to be incorporated into the classification
             of management areas. For example, if an area within the preserve is determined
             to have a primary resource protection area, and if the adjacent land is zoned as a
             single-family residential neighborhood, the adjacent management area would be
             classified as SF/1.





                                                       47









                  C. MINIMUM CRITERIA FOR ALLOWABLE USES

                  Except where specified below, chapter 18-20, F.A.C., provides the minimum
                  standards with regards to utilization of state-owned submerged lands within an
                  aquatic preserve, as authorized by the Board of Trustees. It should be noted that
                  other regulatory agencies' rules and jurisdictions over activities may apply within
                  aquatic preserves. The minimum standards for each allowable use are detailed
                  below.


                  All Dock Structures: Section 18-20.004(5)(a), F.A.C., states that all docking
                  facilities within an aquatic preserve shall meet the following standards and criteria:

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

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

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

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


                  Private Residential Single Docks: Section 18-20.004 (5)(e) allows for exceptions
                  to the standards and criteria listed in Chapter 18-20.004 (5), F.A.C. Due to the
                  dependent nature of the lakes overall water level, on precipitation, and the
                  concurrent affect of this variability on the littoral area water column depths, private
                  single family residential docks and covered boat slips shall conform to the following
                  standards and criteria:


                                The width of the main access dock shall not exceed five feet;

                                The dock may not extend to a water depth greater than minus four
                                (-4) feet mean or ordinary low water unless such would result in the
                                terminal platform or mooring area being located in a PRPA, in which
                                case the dock may be extended out the minimum distance necessary
                                to avoid the PRPA;





                                                            48








                           If the water depth is (-4) feet mean or ordinary low water at an
                           existing seawall or bulkhead, the maximum distance that the dock
                           may extend out from the seawall shall be no more than twenty-five
                           (25) feet;

                           The size of a terminal platform shall not exceed 160 square feet;

                           A covered boatslip if constructed;

                           Must have a roof with a slope of at lease 2:1;

                           The total covered area shall not exceed 160 square feet if located in
                           a PRPA or 330 square feet if outside a PRPA;

                           Shall not include a catwalk inside the covere d area that is more than
                           three feet wide;

                           If a dock is to have both a terminal platform and a covered slip, the
                           total area covered by both shall not exceed 160 square feet in a
                           PRPA, or 330 square feet outside of a PRPA;

                           A covered boatslip and terminal platform not exceeding 490 square
                           feet may be authorized outside a PRPA if located within an area
                           designated in an approved management plan as being substantially
                           developed with similar facilities.


             Private Residential Multi-Slip Docks: Section 18-20-004(5)(c), F.A.C., states that
             private residential multi-slip docks, as defined by Section 18-20.003(24), F.A.C.,
             shall conform to the following design standards and criteria:


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

             2.     docking faci.lities and access channels shall be prohibited in Resource
                    Protection Areas 1 and 2 (= PRPA), except as allowed pursuant to Section



                                                      49








                        258.42(3)(e)l, F.S., while dredging in Resource Protection Area 3 (= SRPA)
                        shall be strongly discouraged;

                 3.     water depths adjacent to and within the proposed mooring area shall have
                        a minimum clearance of one foot between the deepest draft vessel and the
                        submerged bottom at MLW;

                 4.     main access piers and connecting walks shall not exceed six feet in width;

                 5.     terminal platforms shall not exceed eight feet in width;

                 6.     finger piers shall not exceed three feet in width and 25 feet in length;

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

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


                 Commercial-industrial Docking Facilities and Marinas: Section 18-20.004(5) (d),
                 F.A.C., states that commercial, industrial, and other revenue generating /income
                 related docking facilities, as defined by Section 18-20.003(10), F.A.C., shall conform
                 to the following specific design criteria and standards:

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

                 2.     docking facilities and access channels shall not be located in Resource
                        Protection Areas 1 and 2; however, main access docks may be allowed to
                        pass through Resource Protection Area 1 or 2 that are located along the
                        shoreline, to reach an acceptable Resource Protection 3, provided that such
                        crossing will generate minimal environmental impact;

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

                 4.     marina siting will be coordinated with local governments to insure
                        consistency with all local plans and ordinances;

                 5.     the siting of new facilities within the aquatic preserve shall be secondary to
                        the expansion.of existing facilities when such expansion is consistent, with
                        other standards;




                                                           50








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

             Piers: Piers shall be constructed in accordance with the minimum criteria provided
             by Section 18-20.004(5)(b), F.A.C. In addition, the following conditions apply to all
             piers: (1) hand rails will be installed around the perimeter of the structure, (2) at
             least one "Docking Prohibited" sign will be posted and maintained on each side of
             the pier, (3) no temporary or permanent mooring of vessels will be permitted, and
             (4) dredging is prohibited when associated with pier construction and maintenance.

             Ramps: Boat ramps will be reviewed on a case-by-case basis. Determining
             factors to be reviewed include: (1) the elimination or-alteration of natural resources
             or habitat (e.g., shoreline vegetation, nesting areas), (2) the amount of dredging
             and/or filling of submerged lands, and (3) accessibility to the ramp from water and
             land routes.


             Exceptions to the standards and criteria for any d6cking facility may be considered,
             but only upon demonstration by the applicant that such exceptions are necessary
             to ensure reasonable riparian ingress and egress as provided for in Chapter 18-20,
             F.A.C.


             Lease, or Transfer of Lands: Section 18-20.004 (1)(b), F.A.C., states that there
             shall be no further lease, or transfer of sovereignty lands within an aquatic preserve
             unless such transaction is in the public interest. Section 18-20.004(2), F.A.C.,
             specifically defines the public interest test (see Appendix A for a copy of Chapter
             18-20, F.A.C.). Section 18-20.004(l)(e), F.A.C., states that a lease, easement, or
             consent of use may be authorized only for the following activities: (1) a public
             navigation project; (2) maintenance of an existing navigation channel; (3) installation
             or maintenance of approved navigational aids; (4) creation or maintenance of a
             commercial/industrial dock, pier, or marina; (5) creation or maintenance of private
             docks; (6) minimum dredging of navigation channels attendant to docking facilities;
             (7) creation or maintenance of shore protection structures; (8) installation or
             maintenance of oil and gas transportation facilities; (9) creation, maintenance,
             replacement, or expansion of facilities required for the provision of public utilities;
             and (10) other activities which are a public necessity or which are necessary to
             enhance the quality and utility of the preserve and which are consistent with the
             Florida Aquatic Preserves Act (Sections 258.35 - 258.46, F.S.). Section 18-
             20.004(l)(0, F.A.C., states that structures to be built in, on, or over sovereignty
             lands are limited to those necessary to conduct water-dependent activities.

             Wilily Easements: Section 18-20.004(3)(c), F.A.C., provides that utility cables,
             pipes, and other such structures shall be constructed and located in a manner that
             will cause minimal disturbance to submerged land resources such as fisheries
             spawning habitat and submerged grassbeds and do not interfere with traditional



                                                        51








                 uses. It will be the policy within the aquatic preserve to locate the placement of
                 utilities in designated corridors, or existing easements.

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

                 Cumulative Imoacts:         Section 18-20.006(1-7), F.A.C., sites the Departments
                 responsibility to evaluate particular sites for which activities are proposed, in light
                 of the cumulative impact on the preserve's natural system. The department shall
                 include as part of its evaluation of an activity:

                 1 .    the number and extent of similar human actions within the preserve which
                        have previously affected or are likely to affect the preserve, whether
                        considered by the department under its current authority or which existed
                        prior to or since the enactment of the Act;

                 2.     the similar activities within the preserve which are currently under
                        consideration by the department;

                 3.     direct and indirect effects upon the preserve and adjacent preserves, if
                        applicable, which may reasonably be expected to result from the activity;

                 4.     the extent to which the activity is consistent with management plans for the
                        preserve, when developed;

                 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 163.316 1, 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.

                 Special criteria other than that listed in Chapter 18-20, F.A.C., may be required if
                 the physical conditions warrant it. Those areas requiring special management will
                 be referred to as special management areas and will be labeled with an additional
                 letter. For example if an SF/2 area requires supplemental criteria it then becomes
                 a special management area and would be classified as an SF/2a. Special
                 management area criteria includes:


                                                           52








                     A covered boatslip and terminal platform not exceeding 490 square feet may
                     be authorized outside a PRPA if located within an area designated in an
                     approved management plan as being substantially developed with similar
                     facilities.

              Upon approval of this management plan by the Board of Trustees, the Lake Weir
              Aquatic Preserve Management Plan will be incorporated into Chapter 18-20, F.A.C.,
              rule by reference; therefore, new criteria in this plan will have the force and effect
              of rule upon adoption of this plan into rule.


              D. MANAGEMENT AREAS


              In this section, management areas have been delineated for the Lake Weir Aquatic
              Preserve (Figure 7). Boundaries, descriptions, and allowable uses are listed for
              each area. Due to changes that will occur from rezonings of adjacent uplands, in
              addition to the biological conditions on submerged lands, final decisions on
              approving, modifying or denying uses within the preserve will be made based on
              field surveys and assessments of prospective sites.

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

              Note:  Several management area classifications have been combined (e.g. PR-SF/1
                     and SF-MF/1) due to the general diversity of uses and densities intermixed
                     throughout the upland area.

                     In addition, some management areas which abut more homologous uplands,
                     may contain specific activities occurring within, which are not reflective of the
                     overall upland land use pattern. In such cases, these specific activities will
                     be recognized as "non-conforming uses".



                                          MANAGEMENT AREA SF11

                             (Single Family/Primary Resource Protection Area)

              There are two major areas within this classification.

              Boundaries: This area includes those submerged lands adjacent to those uplands
              along the southern shoreline of Lake Weir beginning at the southern boundary of
              the Sunrise Beach Villa property and extending westward to the eastern boundary
              of the Hope Park Recreation Area.


                                                         53








                Description: This management area is characterized by a limited number of
                private residential docks and a limited number of boathouses constructed among
                various species of aquatic vegetation such as: maidencane, spikerush, arrowhead
                and cattail. Non-conforming use features include: a private (pay access) beach and
                boating access ramp and a community swim pier and swim area.

                Boundaries: The second area within this designation includes those state-owned
                submerged lands abutting the western and southern shorelines of Little Lake Weir.
                More specifically, this area extends westward from the Lake Weir-Uttle Lake Weir
                connector canal to the southwestern boundary of the Little Lake Weir boat ramp
                facility (excluding any privately held canals).

                Description: Those submerged lands lying within this area support aquatic
                vegetation such as illinois pondweed, bladderworts and water hyssops.
                Interspersed among these aquatics are private residential single docks, cleared
                swim areas and shoreline stabilization structures.


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



                                        MANAGEMENT AREA SF-MFJ1
                       (Single-Family-Multi-Family/Primary Resource Protection Area)

                This classification contains three areas.

                Boundaries: The first area includes those state-owned submerged lands lying
                along the eastern shoreline of Lake Weir, beginning at a point due west of Roberts
                Drive and extending south to the southern boundary of the Sunrise Beach Villa
                property.

                Descri2tion: The submerged lands within this management area primarily support
                private single docks with attendant boat hoists, and an occasional boathouse. Non-
                conforming use features are limited to that infrastructure associated with the
                Hampton Beach County Park (floating tire breakwater, boating access ramp and
                swim area floats, buoys and ropes) and the public recreation dock at Stanton
                Beach. There are substantial amounts of the emergent plants specifically spikerush
                and maidencane found in the littoral areas, except where this vegetation has been
                cleared for private swim access.

                Boundaries: The second area includes those state-owned submerged lands lying
                adjacent to an area beginning at the eastern boundary of the Hope Park Recreation
                area and extending west and north (including all of Sunset Harbor, Bird Island and



                                                        54








             the attendant causeway island and the Lake Weir-Little Lake Weir connector canal,
             but excluding any privately held canals and the adjacent Carney Island properties).

             Description: The submerged lands in this area of the preserve support a variety
             of aquatic plant species including water lilies, spikerush, arrowhead, cattail and
             websteria. The majority of structures and activities found here include private single
             family docks, shore protection structures and cleared swim areas. Isolated non-
             conforming use features include: fueling facilities and that infrastructure associated
             with the Hope Park County Recreation Area (Boating access ramps and mooring
             docks).

             Boundaries: The final area under this classification includes those state-owned
             submerged lands beginning at the southwestern boundary of the Little Lake Weir
             boat ramp and extending northeast and then southeast to the Carney Island
             property.

             Description: The submerged lands lying adjacent to the northern shoreline of Little
             Lake Weir largely support single family docks and private swim areas interspersed
             throughout the existing stands of maidencane, water hyssop, illinois pondweed and
             other aquatic plant species.

             Allowable Uses: Private residential docks (a single two slip dock built in
             accordance with standards and criteria for private residential single docks); piers,
             utility easements (in designated corridors).



                                   MANAGEMENT AREA SFJ2a-MF-Q1J2
                                (Single Family/Special Management Area-
                           Multi-Family/Secondary Resource Protection Area)


             Boundaries: This management area includes those state-owned submerged lands
             lying from a point east of Luffman Road and extending northeast and east to
             Roberts Drive (including the Town of Oklawaha).

             Description: The submerged lands in this area support aquatic vegetation such
             as maidencane and spikerush however a great deal of this vegetation has been
             removed for personal swim access. This area is more densely developed with a
             variety of structures (e.g. large docks, covered boat slips and boat houses) than
             is found elsewhere on the preserve.

             Allowable Uses: Private residential single docks and private residential multi-slip
             docks and piers, commercial docks and piers, covered slips, marinas, ramps, utility
             easements.



                                                       55








                                           MANAGEMENT AREA PR-SFj1
                   (Public Recreation-Single Family/Primary Resource Protection Area)


                 Boundaries: Included in this management area are those state-owned submerged
                 lands surrounding Carney Island (Peninsula).

                 Description: This area is characterized by minimal, shoreline development along
                 the eastern (Lake Weir), southern (Sunset Harbor) and northwestern (Uttle Lake
                 Weir) boundaries. These areas support an abundance of submergent, emergent
                 and floating leaf aquatic plant species. The western and southwestern boundaries
                 abut wetland hardwood forrest and freshwater marsh respectively.

                 Allowable Uses: Public docks (a single two-slip dock built in accordance with
                 standards and criteria for private residential single docks), piers and ramps. Private
                 residential single docks and piers, utility easements (in designated corridors).



                                            MANAGEMENT AREA OW12
                               (Open Water/Secondary Resource Protection Area)


                 Boundaries: This designation is comprised of all state-owned submerged portions
                 of the preserve 500 ft. waterward of the Ordinary High Water Line (OHWL).

                 Description: This area is characterized by such aquatic vegetation species as
                 bacopa and illinois pondweed. In those deeper segments which sustain minimal
                 macrophytic growth, the substrate composition varies from fine to coarse sand,
                 found in Sunset Harbor and Lake Weir to organic muck, prevalent in Uttle Lake
                 Weir and at the center of Lake Weir proper.

                 Allowable Uses: Utility easements, artificial fish habitat structures (and attendant
                 regulatory signs), temporary water ski buoy markers.













                                                           56











                                                                                       S
                                                                                      464







                                                                                                                                     ALT
                                                                                                                                     441


                                                                                                                                     ALT
                                                                                                                                      27                FIGURE 7.
                                                                                                                                                Management Areas

                                    LIME                                                                                                          SF/1      Single-Family/
                                 LAKE WEIR                                                                                                                  Primary Resource
                                                                                  LA KE WEIR
                                                                                                                                                            Protection Area
    Ln                                                                                                                                            SF-MF11   Single-Famity -
                                                                                                                                                            Multi-Family/Primary
                                                                                        OW12                                                                Resource Protection
                                                                                                                                                            Area
                                                                                                                                         Kxx3m    SF/2a-    Single-Famity/Special
                                                                                                                                           xxx
                                                                                                                                                  MF-Cl/2   Management Area-
                                                                                                                                                            Muffi-Farrdly -
                                                                                                                                                            Commercial Industrial/
                                                                                                                                                            Secondary Resource
                                                                                                                                                            Protection Area
                                                                                                                                                  PR-SF/ 1  Public Recreation -
                                                                                                     ------ -                                               Single-Family/Primary
                                                                                                                                                            Resource Protection
               441                                                                                                                                          Area
                27                                                                                                                       OW12               Open Water/
                                                                                                                                                            Secondary Resource
                                                                                                                                                            Protection Area










                                                   CHAPTER V


                           SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS



              This chapter identifies issues and develops policy guidelines in regards to specific
              activities (other than the regulation of structures) which directly impact the aquatic
              preserve. The issues that are specific to this area include, but are not limited to:
              1) excessive nutrification and stormwater runoff 2) nearshore vegetation
              management 3) boating and associated activities.



              1.      EXCESSIVE NUTRIFICATION AND STORMWATER RUNOFF

              As discussed previously in Chapter 111, studies and analyses of the preserves water
              quality indicate a variety of sources of pollutants. The highly developed Sunset
              Harbor, Oklawaha and Little Lake Weir areas continue to load the lake with
              excessive nutrients via septic tanks.           Simultaneously, existing residential
              developments (without operating storm water treatment systems) and the
              surrounding agricultural properties (particularly the open space or pasture land
              continue to load the lake with nutrients and other pollutants via stormwater runoff.
              These sources have been confirmed by scientific studies referenced earlier, as the
              greatest threat to the water quality of the preserve.

              MANAGEMENT INITIATIVES:


                     1.      Support the construction of sewer treatment facilities in those areas
                             which have presently been identified as the most highly populated
                             segments of the Lake Weir watershed.

                     2.      Coordinate with state, regional and local agencies (in particular the St.
                             Johns River Water Management District and Marion County) in
                             identifying methods for treating or preventing stormwater runoff. This
                             includes those existing residential areas where existing infrastructure
                             is found to be inoperative, inadequate or non-existent and those
                             agricultural (open space or pasture) properties determined to be in
                             need of treatment facilities.




              2.      NEARSHORE VEGETATION MANAGEMENT


              Presently, the narrow littoral zone surrounding the preserve supports freshwater
              aquatic plant species which are beneficial to the water quality. The species in this


                                                         59








                 area allow for nutrient uptake from upland runoff and provide habitat for wildlife and
                 fish reproduction.

                 As a viable resource for human oriented recreational activities (i.e. fishing) as well
                 as valued wildlife habitat, the preservation of the aquatic vegetation found here, in
                 conjunction with other watershed and lake management practices, should prove
                 beneficial by helping control nutrient over-enrichment and by providing needed fish
                 and wildlife habitat.


                 MANAGEMENT INITIATIVES,


                        1 .    Promote through enforcement and education the elimination of use
                               of non-permitted aquatic herbicides -or other chemicals used by
                               adjacent property owners to control vegetation in the preserve.

                        2.     Encourage local government and private (fee access) beach owners
                               to cordon off existing and planned designated swim areas to help
                               reduce/limit resource impacts outside these areas.

                        3.     Coordinate with state, regional and local agencies (particularly the
                               local FDNR Bureau of Aquatic Plant Management Field Office) in the
                               aquatic plant control permit process to eliminate the non-permitted
                               removal of indigenous aquatic vegetation and to educate riparian
                               owners as to the impacts of vegetation removal.

                        4.     Encourage through education and enforcement the proper methods
                               for docking boats to avoid negatively impacting nearshore vegetation.

                        5.     Support and encourage riparian owners to replant native wetland
                               species, such as maidencane or spikerush, in areas currently devoid
                               of such vegetation along the shoreline.




                 3.      BOATING AND ASSOCIATED ACTIVITIES

                 Major boating activities on the preserve include: fishing, skiing and pleasure boating
                 and as the population of Marion County has increased so have the number of
                 boaters. This trend should only intensify with the continuing influx of new residents.
                 Additionally, jet skis have become widely used throughout the preserve, and an
                 increase in this activity is also anticipated.

                 .Concurrent with these types of water related uses is an increase in possible
                 damage to the existing aquatic resources. Such damage could include: destruction



                                                           60








            of shallow water aquatic vegetation, petro-chemical pollution (gasoline spills) and
            increased disturbance to fish, wildlife and their habitats.


            MANAGEMENT INITIATIVES:


                   1.     Cooperate with the Florida Game and Freshwater Fish Commission,
                          Marion County Sheriffs Department and Coast Guard Auxiliary in
                          identifying and removing possible safety and navigational hazards
                          caused by non-permitted fixed or temporary structures.

                   2.     Encourage studies on the types of boating and associated activities
                          believed to be potentially harmful to the aquatic resources, and
                          cooperate with the respective law enforcement agencies to assess
                          future needs to impose rules for boating activity.

                   3.     Encourage and enforce the placement of private jet ski "mounts"
                          (structures constructed of PVC material which are elevated to water
                          level so as to allow the operator to ride onto the mount and park the
                          equipment) within areas previously approved for vegetation removal.





























                                                     61










                                                CHAPTER VI


                                       MANAGEMENT ACTION PLAN



             The objective of this chapter is to establish guidelines for the on-site management
             and protection of the natural resources within the Lake Weir Aquatic Preserve.

             Before an effective action plan can be designed to manage and protect natural
             resources of the preserve, it is necessary to recognize the type of resources
             present, their location, function, and importance.        Additional efforts should
             concentrate on identifying those activities or parameters that impact these
             resources, either positively or negatively. This information will form the foundation
             from which action will be initiated to manage and protect these resources. The
             strategies used in managing an aquatic preserve must consist of a variety of
             components such as: resource management, resource protection, research,
             and environmental education.


             In general, the role of the management program for Lake Weir includes: (1)
             providing information on the ecological functions of the natural resources within the
             preserve, (2) overseeing those activities that impact the natural resources within the
             preserve, (3) ensuring that accurate resource information is considered in permit-
             related issues and planning decisions, (4) ensuring that agency statutes and rules
             are followed and that violations are enforced by the appropriate authorities, (5)
             conducting site surveys for specific activities, (6) coordinating with other resource
             management and enforcement agencies, (7) educating the public on the inherent
             values associated with natural resources, (8) conducting or cooperating with other
             entities to conduct pertinent research projects, and (9) developing a comprehensive
             management program that can be periodically updated.



             A. RESOURCE MANAGEMENT


             The overall goals of resource management within aquatic preserves are: (1)
             conducting and maintaining current, detailed resource inventories, (2) assessing the
             impact of human activities on the resources, (3) establishing habitat restoration
             programs, and (4) cooperating with other agencies in water quality improvement.


             GOAL AJ: DEVELOP AND MAINTAIN A FULL RESOURCE INVENTORY

             Obi ective A.1.11: To develop, maintain and update a resource inventory of
             submergent and emergent vegetation.




                                                       63








                         Task A.11.11.11: Conduct an inventory of submergent, emergent and shoreline
                         vegetation using LANDSAT imagery, aerial photography and groundtruthing
                         efforts every three years.

                         Task A.1.1.2: Develop and maintain biological resource maps utilizing data
                         from this inventory (e.g. exotic plant control areas, wildlife areas, restoration
                         sites, special protection zones) to be consulted when assessing proposed
                         activities, restoration projects or other activities that may impact the natural
                         resources.


                 Objective A.1.2: To update the inventory of native wildlife species and their
                 habitats, including designated species.

                         Task A.11.2.11: Conduct a specific inventory of designated species and their
                         habitats by using data from available research studies and existing literature
                         every two years.

                         Task A.1.2.2: Conduct an expanded inventory of all native wildlife habitat
                         using available research studies and existing literature, every two years.

                         Task A.1.2.3: Use biological resource maps, native and designated wildlife
                         species inventories, on-site inspection surveys, and structure and cumulative
                         assessment surveys to provide for management area specific resource
                         inventories.



                 GOAL A.2: ASSESS THE EFFECT OF HUMAN ACTIVITIES


                 Obeective A.2.11: To inventory and assess the impacts of human activities on
                 the natural resources.


                         Task A.2.11.11: Survey and document all docks piers and other waterward
                         structures (private, public and commercial) to determine if a structure and
                         associated activity is or has previously impacted native vegetation. This
                         survey shall contain at a minimum the following information:

                     a)    the physical dimensions of the structures surveyed (e.g. length, width,
                           total square footage and height above the current lake level);

                     b)    the water depth at the waterward terminus of the structure(s);

                     c)    the type of structure(s) (e.g. dock, pier, boathouse, etc.) and composite
                           materials;





                                                            64








                 d)    the current functional condition and use (e.g. number, size and draft of
                       boats, diving, swimming, fishing) of the facility;

                 e)    an inventory of the biological resources within a 25 foot radius of the
                       facility, and

                       other functions or impacts under the jurisdiction of Aquatic Preserve-
                       Submerged Lands rules.

             Obiective A.2.2: To inventory and assess cumulative impacts on natural
             resources.


                 Task A.2.2.1: Survey and record all boat launchings (access points), shoreline
                 stabilization structures, jet ski mounts, and altered or unvegetated areas to
                 document the following:

                 a)    the type and intensity of the current use;

                 b)    a description of the biological resources currently found onsite;

                 c)    notable indicators of pollution;

                 d)    length of altered shoreline;

                 e)    structural dimensions (e.g. height, length, width) and composite materials)
                       of stabilization structures, and

                 f)    the type and number of jet ski mounts.

                 Task A.2.2.2: Survey boating/jet skiing activity to assess any negative impacts
                 to the preserve through the intensified use of this and related activities with an
                 emphasis on incompatible uses.


             GOAL A.3: RESTORE, ENHANCE OR MAINTAIN WATER QUALITY

             Objective A.3.1: To coordinate with the Department of Environmental
             Regulation, St. Johns River Water Management District and Marion County on
             Improving water quality within the preserve.

                 Task A.3.11.11: Acquire, maintain and review past, current and future records of
                 water quality data of the preserve.





                                                       65








                    Task A.3.1.2: Assist in the implementation of applicable management programs
                    or projects designed to maintain or upgrade the water quality of the preserve,
                    as sponsored by the St. Johns River Water Management District SWIM program
                    and Marion County.

                    Task A.3.1.3:      Provide assistance to the Department of Environmental
                    Regulation in an effort to further the OFW designation process of the preserve.


                GOAL A.4: HABITAT RESTORATION


                Oboective A.4.1: To identify unvegetated and disturbed shoreline areas as
                suitable restoration sites.


                    Task A.4.1.1: Serve as liaison between the bureau and St. Johns River Water
                    Management District SWIM personnel and the Florida Game and Freshwater
                    Fish Commission on restoration projects proposed for the lake.

                    Task A.4.1.2: Provide biological assessments for those areas of the preserve
                    slated for restoration and monitor    methods, techniques or procedures for
                    executing restoration projects.

                    Task A.4.1.3: Recommend, through the use of biological assessments and
                    other supporting documentation, sites which should be considered for
                    restoration work.



                GOAL A.5: COORDINATE WITH LOCAL GOVERNMENTS ON LAND USE
                PLANNING


                Obeective A.5.1.: To coordinate with local planning departments, regional
                planning councils, and the Department of Community Affairs to
                develop/revise/evaluate local government comprehensive plans and
                amendments.

                    Task A.5.1.1: Establish role as field representative for DNR Aquatic Preserves
                    and local government.

                    Task A.S.1.2: Assist local planners in the development of policies and
                    ordinances that regulate activities impacting sovereign submerged lands.







                                                        66










             B. RESOURCE PROTECTION

             In order to maintain the biological integrity of the aquatic preserve, it is imperative
             to protect the resources that comprise the system. Since it is not feasible to target
             all of the organisms adequately, the primary thrust of the resource protection
             element is the protection of the various habitats that make up the preserve. The
             goals of the aquatic preserve program with regard to resource protection therefore
             include (1) protection of the existing submergent vegetation, (2) protection of
             emergent vegetation, and (3) protection of habitat of designated species.


             GOAL BA: PROTECTION OF SUBMERGENT AND EMERGENT VEGETATION

             Ob*ectIve B.1.1: To minimize potential damage t         o submergent and emergent
             vegetation through the review of applications for use of state-owned
             submerged lands within the aquatic preserve.

                 Task B.1.1.1: Field staff will coordinate with other units and the central office
                 in the development of a written policy describing a scientifically based,
                 standardized method to inventory the submergent and emergent biological
                 resources at proposed project sites. At a minimum this policy should include the
                 following information:

                 a)     The area to be surveyed will be described:
                        1)   as a polygon, and
                        2)   it will include a buffer zone surrounding the project of sufficient size
                             so as to include a majority of the potentially affected area.

                 b)     How the survey is to be performed:
                        1)   Two areas within the survey area will be assessed:

                             i.    the submerged bottom including:
                                   ï¿½   a description of all communities/habitats,
                                   ï¿½   a description of the bottom type,
                                   ï¿½   depth profiles,
                                   ï¿½   a physical description of the surrounding waterbody, and
                                   ï¿½   current lake level.


                             ii.   the shoreline (where appropriate) including:
                                   ï¿½ a description of the vegetation,
                                   ï¿½ a description of any existing structures,
                                   ï¿½   notation of any nesting birds, and
                                   ï¿½   notation of any designated species.




                                                        67








                     c)    a definition of a Resource Protection Area. This definition will be used to
                           determine if significant resources exist within the expected area of impact.
                           It will consider, but is not limited to:

                           1 )   floating and emergent plants,
                           2)    submergent and floating leaved plants,
                           3)    general bottom substrate condition,
                           4)    fish nesting sites,
                           5)    designated species, and
                           6)    nesting sites for solitary or colonial birds.

                     Task B.1.1.2: If at the time of adoption of this plan the Department's
                     "Methods Manual for Field Inspections within Aquatic Preserves" has
                     been adopted, it will be used to assess resources within the preserve.

                     Task 13.11.1.1 Coordinate with the appropriate regional DNR planner in
                     order to process the field staff comments in a timely manner.

                     Task B.1.1.4: Coordinate when possible with other appropriate agencies that
                     have regulatory authority for these projects.

                 Obeective B.1.2: To ensure that structures and projects that have been
                 authorized are in compliance with agency specified conditions.

                     Task 13.11.2.11: Coordinate with the appropriate regional DNR planner to
                     receive copies of all letters of consent, easement agreements, lease
                     agreements, and other forms of authorizations.

                     Task B.1.2.2: Report variations from the authorized conditions to the DNR
                     Investigations Section.

                     Task B.1.2.3: Coordinate, when possible, with other appropriate agencies
                     which have regulatory authority for these projects.

                 Oblective B.1.3: To ensure that structures and projects that have been built
                 or are occurring have been authorized.

                     TaskB.1.3.1: Report activities that do not appear to have been. authorized
                     to the DNR Investigations Section.

                     Task B.11.3.2: Coordinate when possible with other appropriate agencies
                     that have regulatory authority for these projects.





                                                           68









             Oblective B.1.4: To ensure that human use of the preserve does not degrade
             the submergent vegetation through turbidity.

                Task B.1.4.1: Require that all projects such as dredge and fill or shoreline
                stabilization projects use current turbidity controls.


             GOAL B.2: PROTECTION OF SPECIES OF SPECIAL SIGNIFICANCE


             Ob"ective 13.2.11: Ensure that these habitats are given maximum- protection.

                Task 13.2.11.11: Discourage projects in areas known to be species of special
                significance habitat areas.

                Task B.2.1.2: Recommend the appropriate modifications to projects proposed
                to impact designated species habitat.




             C. RESEARCH


             The effective management of any biological system relies almost entirely on
             information relating to how a system functions. Research is the foundation upon
             which this information is based. The goal of the research program for the Aquatic
             Preserve Program is primarily geared towards applied research, rather than toward
             basic or theoretical research. The goal of the research program is to gain a better
             understanding of biological integrity of all resources within the aquatic preserve.


             GOAL CA: INTEGRITY OF THE RESOURCE

             Obllective C.1.1: To continue compiling research data relevant to the
             protection of the resource.

                Task C.1.1.1: Continue to accumulate data, research and management
                studies to be used in assessing the status of the existing resources, to
                update management area classifications, to supplement biological and other
                surveys and to aid in the general management of the preserve.

                Task C.11.1.@: Continue coordination efforts between and among those
                managing agencies to ensure that pertinent research information is obtained.


             Obiective C.11.2: Develop a comprehensive data base of those aquatic
             resources which currently exist within the boundaries of the preserve.


                                                     69








                    Task C.1.2.1: Pursue at the bureau level and through grant proposals,
                    funding to secure the most up-to-date computerized technology (including
                    a GIS system) available to store, retrieve and view resource related data.

                    Task C.1.2.2: Continue to compile data, studies etc., as referenced in
                    Tasks C.1.1.1: and C.1.1.2.

                    Task C.1.2.3: Supplement existing resource maps and photographs, with
                    additional available historical and current materials.


                Obeective C.11.3:     Coordinate -the use of research findings into both
                management decisions and resource education programs.

                    Task C.1.3.1.:   Keep abreast of current and historical research and
                    monitoring activities making scientific information available to decision-
                    makers.


                    Task C.1.3.2: Review historical and ongoing research and monitoring studies
                    to enable staff to update resource oriented education programs.




                D. ENVIRONMENTAL EDUCATIONANFORMATION PROGRAM


                The role of the Aquatic Preserve Program in environmental education is largely to
                coordinate and augment existing programs conducted out of the local school
                system(s), the Florida Department of Education, or other state agencies. Education
                programs are conducted in an effort to meet the overall program goal of
                maintaining aquatic preserves at their current level of environmental quality for
                future generations. The target population of education programs at the Lake Weir
                Aquatic Preserve includes: adjacent upland landowners, developers, commercial
                and recreational resource users, students and government agencies.
                The involvement of aquatic preserve staff in public education will focus on the
                development of both programs in the school system and to the public at large.
                Specific areas of involvement may include: developing informational pamphlets,
                brochures, or booklets; conducting lectures or classes; development of public
                service announcements for television - and radio; and, development of video
                programs and other teaching aids that can be used by public school systems in
                their daily instruction to students.

                Two DNR publications, Environmental Education in Florida: Needs and Goals, and
                A Guide for Environmental Education, serve as important resource documents for
                environmental education programs in aquatic preserves.




                                                        70









              GOAL DA: PUBLIC EDUCATION OF WISE RESOURCE USE

              Oblective D.1.1: Upgrade present staff and equipment level to provide for
              expanded educational activities.

                  Task D.1.1.1: Pursue at the bureau level, funding to provide for (1) full-time
                  education specialist position.

                  Task D.1.1.2: Upgrade present educational information and equipment to allow
                  for further development of educational program.

              Obiective D.1.2: To formulate programs using visual aids and literature that
              provide or assist in environmental education to. the community at large.

                  Task D.1.2.1: Develop brochures, pamphlets and/or booklets in conjunction
                  with other interested agencies/organizations.

                  Task D.1.2.2: Disseminate the material developed in Task D.1.1.1. to local
                  schools, interested environmental organizations, libraries and other
                  governmental agencies.

                  Task D.1.2.3: Develop a network of outdoor displays to be constructed in
                  conjunction with Marion County at public access points to the aquatic preserve.

                  Task D.1.2.4: Periodically prepare newspaper articles or radio announcements
                  designed to inform/educate the general public as to the importance of making
                  informed resource-use decisions.


              Oblective D.1.3: To provide assistance to environmentally oriented education
              programs at public and private schools and local educational centers.

                  Task D.1.3.1: Conduct or assist in informal seminars, classes, workshops for
                  public discussion of current resource management issues and resource
                  utilization.


                  Task D.1.3.2: Coordinate with other resource management agency personnel
                  to co-sponsor exhibits, programs or other educationally oriented activities.

                  Task D.I.3.3: Periodically lead or assist in field trips into the aquatic preserve.

                  Task D.1.3.4: Develop a reference library of material relevant to the natural
                  resources of the Lake Weir Aquatic Preserve and make the contents available
                  for loan to educators.





                                                        71










                                                CHAPTER V111


                               MANAGEMENT COORDINATION NETWORK



             This chapter presents a general overview of those federal, state, regional, or local
             agencies, and private entities, which currently have regulatory or resource
             management interests in the Lake Weir Aquatic Preserve. A quick reference matrix
             of the specific agencies and their applicable jurisdictions is presented in TABLE 5.
             One of the goals of the Aquatic Preserves Program is to coordinate with these
             various entities in an effort to achieve common goals, pertinent to resource
             management.

             It should be noted that many of the following federal, state and local agencies with
             jurisdictions in the preserve may impose additional permit requirements on activities
             previously outlined in Chapter IV of this plan.




             A. FEDERAL AGENCIES


             A number of federal agencies have property interests, land and wildlife
             management programs, research activities, construction activities, and regulatory
             programs that deal either directly or indirectly with aquatic preserves.
             In accordance with the federal consistency review process the Bureau of
             Submerged Lands and Preserves Program reviews activities proposed by federal
             agencies to determine how they will affect aquatic preserves. This review is
             coordinated through the Florida Department of Environmental Regulations' Office
             of Coastal Management, so as to comply with the provisions of the Federal Coastal
             Zone Management Act of 1972, as amended.


             The U.S. Army Corps of Engineers (COgI has jurisdiction over inland navigable
             waters under the Rivers and Harbors Act of 1899. A revision of the Rivers and
             Harbors Act in 1968 extended the Corps' jurisdiction allowing them to consider the
             fish and wildlife, conservation, pollution, aesthetics, ecology, and other relevant
             factors of a project. The Corps' Regulatory Program was expanded in 1972 to
             include the Federal Water Pollution Control Act Amendments, now known as the
             Clean Water Act (CWA). Section 404 of this act requires the Corps to control
             dredge and fill activities by the Corps and has since been extended to wetlands
             from amendments to the CWA in 1977.



             The U.S. Department of Agriculture (D0AJ is involved in resource management
             through its Soil Conservation and Agriculture Stabilization and Conservation


                                                      73








                 Services. Major Soil Service concerns center on furthering conservation methods
                 to help reduce water runoff and concomitant soil losses. The Stabilization Service
                 exists to help solve pollution, water and woodland problems, associated with farm
                 and ranchlands.



                 The U.S. DeRartment of the Interior (DOI) performs a variety of services affecting
                 wildlife and resource management through its Fish and Wildlife Service and
                 Geological Survey. The U.S. Fish and Wildlife Service (USFWS) has responsibility
                 for fish and wildlife as authorized in the Coastal Resources Barrier Act, National
                 Environmental Protection Act, Migratory Bird Act, Endangered Species Act, and
                 Fish and Wildlife Coordination Act. "Under provisions of the Fish and Wildlife
                 Coordination Act, the Fish and Wildlife Service- must be consulted before the Corps
                 of Engineers can submit a plan for congressional approval. The -USFWS comments
                 on the impact of proposed projects on endangered species, migratory birds and
                 other fish and wildlife and their habitats" (Barile et al., 1987). They are directed to
                 prepare environmental impacts assessments or statements for proposed projects
                 by the Corps, and are authorized to issue "Jeopardy Opinion" against any
                 proposed project which will negatively effect an endangered species (Barile et al.,
                 1984). The U.S. Geological Survey (USGS) performs a variety of functions
                 including: topographical and mineralogical surveys, stream flow, river flow and
                 general water quality monitoring, lake level and water, use monitoring and the
                 periodic publication of resource data.


                 The U.S. Environmental Protection Agency (EPA
                                                                        I has jurisdiction over surface
                 waters in the state. Enforcement authority was given under the Clean Water Act
                 of 1972 and broadened under the 1977 revision. In general, EPA is responsible for
                 pollution control and abatement, including: air, water, noise, solid waste, toxic
                 waste, and radiation. They review permits issued by DER for the treatment,
                 disposal, and storage of hazardous wastes. Authority is divided between EPA and
                 USCG regarding the discharge of oil or hazardous substances into surface water.




                 B. STATE AGENCIES

                 Many state agencies have property interests, land and wildlife management
                 programs, research activities, regulatory authority and construction activities within
                 the preserve. Additionally, DNR administers other programs which may affect the
                 resources and watersheds of the preserve.


                 The Florida Department of Agriculture and Consumer Services (AC61 provides
                 services to the agricultural interests of Florida such as the state's farmer's markets,


                                                           74









             while simultaneously regulating the purchase and use of restricted pesticides. This
             department also serves to manage soil drainage and control problems through its
             network of Soil and Water Conservation District offices located throughout the state.


             The Florida Department of Community Affairs (Q9JA and the Regional Planning
             Councils (RPC) are authorized under Section 380.06, F.S., for administering the
             Development of Regional Impact (DRI) program. The DRI process was established
             to provide a review and monitoring procedure for development projects potentially
             affecting the health, safety or welfare of citizens of more than one county.

             The Department of Community Affairs also oversees the development of Local
             Government Comprehensive Plans (LGCP) for both counties and municipalities, as
             required by the Local Government Comprehensive and Land Development
             Regulation Act, Chapter 163, Part 11, F.S. Subsection 163.3202(5), F.S., provides
             that DCA shall adopt rules for the review of local government land development
             regulations. Local governments are required to adopt land development regulations
             which are consistent with the adopted local comprehensive plan for one year after
             submission of the local comprehensive plan for review by the department pursuant
             to subsection 163.3167(2), F.S.


             The Florida Department of Environmental Regulation (DERI is responsible for
             regulating air, water, noise, wastewater, stormwater, and hazardous waste pollution
             through a permitting and certification process. DER also serves as the state
             contact for the initiation of dredge and fill applications in conjunction with the COE
             and DNR. The permitting process is a key management tool for the protection of
             the preserve.

             The DER's rules significant to the Lake Weir Aquatic Preserve are Chapters 17-4
             and 17-312, F.A.C. Authority for these rules is based in Chapter 403, F.S. Chapter
             17-4, F.A.C. addresses permit requirements, and Chapter 17-312, F.A.C. covers
             dredge and fill activities.

             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 lands shall
             have prior approval of the Board of Trustees. An interagency agreement between
             DNR and DER provides for DNR staff comments into the DER permitting process
             for environmental impacts in the aquatic preserve.


             The Florida Department of Health and Rehabilitative Services (HBS has
                                                                                            I
             responsibilities to protect the public's health by overseeing functions that involve
             water supplies, on-site sewage disposal, septic tank cleaning, and solid waste
             control. Authority for these responsibilities are found in Chapter 154, 381, and 386,


                                                       75








                 F.S., and in the 10D Series of F.A.C., known as the "Sanitary Code". The local
                 county HRS office (County Health Department), has jurisdiction overseeing these
                 responsibilities.


                 The  'Florida Department of Natural Resources (DNRI is responsible for
                 administering a large and varied number of management and regulatory activities
                 regarding the state's natural resources. Of particular importance to the aquatic
                 preserve system are the Division of State Lands and the Division of Resource
                 Management.

                       Division of State Lands (DSQ - Under Chapter 18-20, F.A.C., the "Florida
                       Aquatic Preserves Act", and Chapter 18-21, F.A.C., the "Sovereignty
                       Submerged Lands Act", the DNR has been authorized to regulate
                       commercial and residential docks (and other structures and activities)
                       conducted on state-owned submerged lands. The DSL has been delegated
                       the authority to carry out this charge and has accordingly delegated this
                       authority to the Bureau of Submerged Lands and Preserves (BSLAP) and its'
                       thirteen field offices.


                       Division of Resource Management (DRW - Pursuant to Chapter 16-20,
                       F.A.C., "Aquatic Plant Control Permits", DNR has been authorized to control
                       aquatic vegetation. The responsibility for overseeing the mechanical,
                       biological or chemical control of aquatic plants has been delegated to the
                       DRM and its' Bureau of Aquatic Plant Management. The local BAP office
                       currently processes individual vegetation control applications on Lake Weir,
                       while the management of exotic species, on the preserve, has been
                       contracted to the St. Johns River Water Management District.


                 The Florida Department of State (DOS) Division of Historical Resources (DHRi
                 has The responsibility granted under Chapter 267, F.S., regarding the preservation
                 and management of Florida's archaeological and historical resources. This
                 responsibility includes those cultural resources located on state-owned lands,
                 including aquatic preserves.


                 The  -Florida Department of Transl2ortation (DO][) is involved with aquatic
                 preserves in that they maintain many of the highways, bridges, and causeways that
                 abut and span the preserves.


                 The Florida Game and Freshwater Fish Commission (FGFWFC) authority is
                 provided in the rules and regulations of Chapters 39.101 and 39.102, F.A.C. This
                 authority involves the implementation of specific regulations and their enforcement,


                                                         76









              for all wildlife. The office of Environmental Services reviews projects which may
              affect local fish and wildlife habitat. FGFWFC is the state coordinator of the Non-
              game Wildlife and Endangered Species Program in Florida. The Division of Wildlife
              is also responsible for designating species. They also oversee habitat restoration
              and fish restocking of freshwater rivers and lakes. The FGFWFC also has law
              enforcement officers that patrol the aquatic preserve.


              The Executive Office of the Governors' Office of Planning and Budgeting in
              conjunction with the FDER's Coastal Zone Management Section, is responsible for
              administering project reviews applicable to Florida's Coastal Management Program
              Federal Consistency evaluation process. This process includes all projects in the
              state that involve federal permitting, federal assistance or direct federal activities.
              Each project must undergo this additional review to determine if the project is
              consistent with established programs, policies and rules of the    state. This includes
              projects affecting resources in aquatic preserves.




              C. REGIONAL AGENCIES


              In addition to state and federal agencies, two regional agencies play a major role
              in the use and management of this preserve. These organizations conduct or
              regulate activities that are on a broader scale than those of local governments, but
              smaller in scale than the state level. These two agencies are the St. Johns River
              Water Management District and the Withlacoochee Regional Planning Council.


              The St. Johns River Water Management District (SJRWMD) administers
              permitting programs for consumptive water use, management and storage of
              surface waters, well drilling and the operation and regulation of artificial recharge
              facilities. The District's concerns also include flood prevention, excessive drainage,
              soil erosion, the issuance of agricultural discharge and stormwater permits and
              wetland conservation. The District is currently involved in various studies of the
              preserve, and other waterbodies in the area, in an effort to identify excessive levels
              of nutrients, potentially hazardous pollutants and wetland habitat loss and
              restoration feasibility. Also, the District is currently responsible for controlling the
              exotic plant species population (through its herbicide application program) on the
              Lake Weir Preserve.



              The Withlacoochee Regional Planning Council (LURPQ serves as a regional
              planning body for numerous central Florida counties including Marion County.
              Among its duties are: aid local government with planning expertise, review DRI's
              (Development of Regional Impact) at the regional level, serve as a clearinghouse


                                                         77








                 for federal and state projects and programs, relay information from the local to the
                 state and federal levels, assist local governments in obtaining grants and prepare
                 and administer the Regional Policy Plan.




                 D. LOCAL GOVERNMENT


                 Local governments are the incorporated cities and counties that border the
                 preserve, or in which the preserve is located.

                 The Lake Weir Aquatic Preserve is located entirely within the boundaries of Marion
                 County, and as such, the aquatic resources are impacted by- those activities
                 regulated by the county's comprehensive plan, and its local ordinances and
                 regulations.


                 Relationship to Local Management Plans

                 Local (municipal and county) governments are required by the Local Government
                 Compreshensive Planning Act of 1975 (Section 163.3161, F.S.), (as amended by
                 Chapter 85-55, Laws of Florida, to the Local Government Comprehensive Planning
                 and Land Development Regulation Act) to have a comprehensive management plan
                 with elements relating to different governmental functions (i.e., housing, physical
                 facilities, conservation, land use, coastal zone protection, etc.). These plans, in
                 effect, are intended to guide the future development of the city or county. Recent
                 statutory amendments require that these plans be updated and that cities and
                 counties adopt land development regulations. The land use and conservation
                 elements establish long range plans for orderly, and balanced development, with
                 particular attention to the identification and protection of environmental resources
                 in the planning area. Conformance with the criteria, policies, and practices of a
                 local government compreshensive plan is required for all development within the
                 local government jurisdiction.

                 The intent of the aquatic preserve management program, and this plan, is to help
                 provide guidance for county governments during their planning process, towards
                 developing local plan criteria and standards that will be consistent with the
                 objectives of the aquatic preserve program. A review, by DNR staff of the pertinent
                 resource protection elements of Marion County's plan, has yet to be performed.


                 Local DevelORment Codes

                 The local development and zoning codes (e.g., building codes) provide the major
                 local regulation that defines what an owner can do on a particular parcel of


                                                         78








             property. The zoning prescribes the allowable uses and the intensity of those uses.
             Certain land uses and land use intensities adjacent to an aquatic preserve can lead
             to profound impacts on the resources of the preserve.

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


             Parks and Environmental Land Acguisition Programs

             Various counties throughout the state have developed land purchase programs with
             the goal of protecting environmentally sensitive properties from development, and
             promoting outdoor recreational use. In 1988, Marion County bonded $20,000,000
             to fund its newly founded land acquisition program entitled Pennies for Parks.


             Carngy Island

             Instrumental to the continued public utilization of the aquatic resources within the
             preserve, is the protection or regulation of those environmentally sensitive
             resources found on the adjacent uplands. Of similar concern is the actual use to
             which these upland resources may be employed. In an effort to protect some of
             these resources, funds from the Pennies for Parks program have been used to
             purchase a 453 acre parcel of lakefront property known as Carney Island.

             Carney Island (or peninsula) a remnant citrus grove, currently exhibits a habitat mix
             of sandhills, mesic hammock, lakeshore and freshwater marsh. Included in this mix
             of habitats are over 24 species of terrestrial and aquatic plants, and a variety of
             wildlife which use the area for food and nesting habitat. It has also been suggested
             that the sandhill areas in this tract act as recharge areas for both Little Lake Weir
             and Lake Weir proper.

             In consideration of protecting these environmental resources, while simultaneously
             providing for the outdoor recreational needs of the county, the Marion County
             Planning Department is currently developing a recreational/preservation site
             development plan. Some of the potential activities proposed for the site include:
             hiking trails, swimming area, increased boating access, fishing/mooring facilities,
             and an interpretive/meeting center.

             The development and management of the Carney Island site will allow visitors to
             utilize and enjoy those natural resources which the county has sought to protect.
             Concomitantly, this added protection of, and increased access to the aquatic
             preserve will allow visitors to utilize and enjoy the preserve itself, an integral
             recreational component of the parks outdoor opportunities.


                                                       79










                 E. PRIVATE AND NON-REGULATORY INTERESTS


                 This section applies to the private and non-regulatory organizations that have an
                 interest in the Lake Weir Aquatic Preserve. This includes, but is not limited to,
                 environmental interest groups (i.e., Save Lake Weir Association) scientific
                 organizations, fishing and sports interests groups, universities which may have
                 programs or research projects in the preserve (i.e., University of Florida, IFAS -
                 Lake Watch Program) and any other interest group.

                 Effective management of the preserve will be enhanced by continued support from
                 organized groups, associations, and individuals. Citizen support organizations are
                 particularly valuable through the provision of technical, non4echnical, and financial
                 assistance.


                 The Save Lake Weir Association (SLWA) has been deeply involved in the resource
                 management efforts of the Lake Weir Aquatic Preserve. Not only was the
                 Association involved in the initial designation of Lake Weir as an Aquatic Preserve,
                 they are also responsible for increased public awareness of lake management
                 practices through the distribution of brochures, and the sponsorship of
                 environmental workshops. They also played an integral role in the acquisition
                 process which has secured Carney Island for the Marion County Parks program.
                 Continued cooperation with the SLWA will receive high priority in the resource
                 management efforts of this preserve.
























                                                          80







                rr,P,nm.E: 5               MALWAC=1EM1EMrr (--C)C31Q.nTWAArrTC)M M1Er-VWC)1R.1<



                 LOCAL AGENCIES                                                     REGIONAL AGENCIES


                   LGT    Local    Governments      (Cities,     Towns,               RPC    Regional Planning Council
                          Municipalities)                                             WMD    Water Management Districts
                   CGT    County Governments                                          FIN    Florida inland Navigation District
                   LDD    Local Drainage Districts
                   MCD    Mosquito Control Districts
                   ICD    Inlet commissions/Districts

                   SWC    Soil and Water Conservation Districts

                                                                                    FEDERAL AGENCIES

                 STATE AGENCIES
                                                                                      CG     United States Coast Guard
                   DCA    Florida Department of Community Affairs                     COE    United   States    Army   Corps    of
                   DER    Florida    Department    of   Environmental                        Engineers
   co                     Regulation                                                  EPA    United     States     Environmental
                   DNR    Florida Department of Natural Resources                            Protection Agency
                   GFC    Florida    Game    and    Freshwater     Fish               FWS    United States Fish and Wildlife

                          Commission                                                         Service
                   HRS    Florida    Department     of   Health     and               NMF    National Marine Fisheries Service
                          Rehabilitative Services                                     GS     United States Geological Survey
                   DOS    Florida Department of State
                   DOT    Florida Department of Transportation
                   FMP    Florida Marine Patrol

                   FSG    Florida Sea Grant

                   MFC    Marine Fisheries Commission
                   DAC    Florida Department of Agriculture and
                          Consumer Services


                          Source: modified from the Indian River Lagoon Joint Reconnaissance Report, 1987








                                                                                                                            Local                         Regional                                             State                                                              Federal
                                                                                                          LGT CGT LDD IMCD 1CD ISWC IRPC WMD FIN                             DAC DCA DER             DNR GFC URS DOS IDUr FMP FSG MFC C                                           COE EPA VWS   NMF Gs
                                Dredge and Fill Permitting                                                0       0                                                                                  0       0
                                                                                                                                                                                                                                                                                  0,
                                    Docks,          Fishing Piers, Seawalls                               0       0                                                                           0      0
                                                                                                                                                        ........ .... ... .......

                                                                                                                                                            .. ........ ........
                                    Marinas                                                               0       0                                                                   0       0      0                                                       0
                                Submerged Lands Management
                                                                                                                                                        ......... ...
                                                                                                                                                                 . .. ......
                                Habitat Protection                                                        010.                                                   w  . ......          0       0      0       0                              0               0
                                                                                                                                                        .. ... . . . ........
                                Mangroves/Wetlands                         Protection                     0       0                                                                   0       0      0       0
                                                                                                                                                                 x
                                Seagrass Protection                                                       0       0                                                                           0      0
                                                                                                                                                                                                                                                                                  ... ........
                                Habitat Restoration                                                               0                                                 . ........        0       0.0            0                      0

                                                                                                                                                                                                                                                                                  ......... ..
                                Mangroves/Wetlands                         Restoration                            0              0                                                    0       010
                                                                                                                                                                                                                                                                  ....... ...     .......
                                Seagrass Restoration                                                                                                                . ........        0       010
                                                                                                                                                          .... ..... ..
                                Resource Inventory                                                                                                                      0"            0       010            0                                     0 0
                                                                                                                                                                                                                                                                       . . . ....... .
                                Manatees/Porpoises                                                        0                   1                                  .......
                                                                                                                                                                                                     01                                                                           IN
                                Endangered Species                                                        0       0                                                                   w              010                          10 0             0 0
                                                                                                                                                                                                                                                                  ........        ...
                                                                                                                                                                              0               0      0
                                sheiinsh/Agoaculture                                                              0              0                      E'...           I
                                                                                                                                                                                                                                                                    ..... . ..    ...... . . . .
                                                                                                                                                        ..... .  ...... . ........                                                                                   .....        ...... ........
                                                                                                                                                                                                                                            0      0 0
                                Public Aware ness/Education                                                       01                                                                  0       0      0       0
       00
                                                                                                                                                                                                                                                   01
                                Research                                                                                         0                                                            0      010
                                                                                                                                                                                                                                                                                  .. ...... .......... ......
                                Msherles            Research                                                                     0                                                    0              0                                             010
                                                                                                                                                                                                                                                   010
                                                                                                                                                        ........ ........
                                                                                                                                                        ........ ........
                                Fisheries           Management                                                                   0                                      .......       0              0                                                                                          ... ....
                                    Recreational Fishing                                                                                                                              0              0       0                    1         0      010
                                                                                                                                                                                                                                                                                  .... . ... . .

                                                                                                                                                                                                                                                                                  X.:
                                    Commercial Fishing                                                                                                           .. .... ......       0              0                                      0      0 0
                                Wildlife Management                                                                                                                                                          0                              0
                                                                                                                                              . ........ .          . ........
                                Mosquito Impoundments                                                             0              0                                                    0             10

                                                                                                                                                                 ...... ........
                                Historical/Archeological Sites                                            a       0                                              X.:                  0              0                      0                                     .......
                                                                                                                                                                                                                                                                       W.-
                                                                                                                                                                                                                                                                                  X
                                                                                                                                                                                                                                                                                  :j
                                                                                                                                                0                                                                                                                                 d    v
                                Water Quality                                                             0       0              0                                                    0       0      0               0                      0.                                                1       U
                                                                                                                                                        ... .. ..   . ........
                                    Nonpoint Source Pollution                                             0       0                             0       ::.:.W                        0       0      0               0            10                     1                        ... .. ... .. ........
                                    Point Source Pollution                                                0       0                                                                   0       0      0               0

                                                                                                                                                                                                                                                                       4::        4
                                    Oil/Chemical Spills                                                           0                                                             -.0           0.0
                                                                                                                                                                        ......                                                                                    .......                   ...
                                Drainage/Freshwater Control                                               0       0      0                      0                                     0       010                                 1                      1
                                                                                                                                                                                                                                                                                  ....... .. .
                                Emergency Response                                                        0       0                                                                   0       010            0                    1         0            1
                                                                                                                                                        0:
                                                                                                                                                                 0,     :xxx          0;
                                Upland Development
                                                                                                                                                                                                                                                                                  ....... ...

                                                                                                                                                                        .....                                                                                     .........       ..
                                Land Use Planning                                                         0       0                                                                   0

                                                                                                                                                                                                                                                                                       X
                                Navigational/Boating                                                              0                     0                        . ... ..                            0       0       0                      0 0
                                Recreational Areas                                                     1010,                                            0               0.
                                                                                                                                                                                                                                            0 0
                                Bridges and Roads                                                                                                                                                    0










                                                CHAPTER Vill


                                      STAFFING AND FISCAL NEEDS



             The present Aquatic Preserve management program has been implemented and
             funded from a variety of sources. 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.

             Funding for the initial start-up and continued operation of the Lake Weir Aquatic
             Preserve field office, has been provided by the Florida Legislature. As of the writing
             of this plan, staff have been limited to two full-time Career Service personnel. One
             additional OPS position, a grants writer has been requested for the '91-'92 fiscal
             year. This position is viewed as necessary, so that funds may be secured to
             increase the research efforts at this preserve.

             Proposed increases in the equipment/expense categories have been requested,
             to help expedite inner and inter-office communications and tasks related to
             paperwork processing. Requested increases in the field equipment category would
             be used to modify/update existing equipment.

             Continued funding and staffing of the Aquatic Preserve Program are essential if the
             goals and objectives of the program are to be realized. The additional revenues
             requested represent an increased effort to facilitate those individual preserve-
             oriented strategies which are representative of the program goals, on the whole.

             An operational budget for field office staff indicating current and anticipated
             spending levels, is listed in Table 6.

















                                                       85













                                                     TABLE 6


                                CURRENT AND ANTICIPATED BUDGET FOR
                                      LAKE WEIR AQUATIC PRESERVE




              SALARY                                 1990-91.                   1991-92

              Environmental Specialist 11            $33,836                    $34,851
                (with benefits)

              Secretary Specialist                   $17,255                    $17,773
                (with benefits)

              OPS                                       -0-                     $12,000
                (without benefits)

              Subtotal                               $51,091                    $64,624





              OPERATING EXPENSES


              Office Equipment                          -0-                     $2,401

              Field Equipment                           -0-                     $ 250

              Office rent, gas, etc.                 $17,930                    $22,250

              Subtotal                               $17,930                    $24,651





              TOTAL ANNUAL COST                      $69,021                    $89,275









                                                          87










                                               CHAPTERIX


                         RESOURCE AND ACTIVITY MONITORING PROGRAM



             To ensure that this management plan is effectively implemented, it will be necessary
             to develop two programs that will: (1) monitor the natural changes or human
             induced alterations over time, and (2) record the progress and accomplishments
             that are directed at maintaining the integrity of the preserve. These monitoring
             programs will consist of the following:


             A. RESOURCE MONITORING


             To facilitate monitoring changes or alterations in the lake's natural resources, a
             geographic information system (GIS) will be required. A GIS is a computer-based
             system that is used to capture, edit, display, and analyze geographic information.
             The initial GIS programs were developed about 20 years ago to manage large
             collections of natural resource and environmental information.          Since their
             development, they have been employed in other areas such as: utilities mapping,
             inventory management and land use planning; however, their most important
             function continues to be natural resource management.

             It should be noted here that in addition to those studies referenced earlier in the
             plan, the St. Johns River Water Management District (SJRWMD) has developed a
             list of projects through the Surface Water Improvement and Management Program.
             Many of these projects are designed to investigate or address water quality or
             aquatic resource issues (including the Lake Weir Eutrophication Study) and should
             be of value as a resource data base for the aquatic preserve.

             Inter-agency cooperation with the SJRWMD and the Florida Game and Freshwater
             Fish Commission (FGFWFC) (in regards to wildlife monitoring) should be helpful in
             monitoring changes in the natural resources within and adjacent to the preserve.


             B. PROGRESS MONITORING


             For this phase of the management plan to be effectively implemented, it is
             necessary to monitor the progress and accomplishments of the Lake Weir Aquatic
             Preserve Field Office on a regular basis. The purpose of this element is to detail
             the offices accomplishments in view of the objectives outlined in Chapter VI. This
             information, should be submitted in a report once every three years to the Bureau
             Chief and should include an update as to the status of the biological resources
             within the preserve and the identification of current human activities.         This
             information will be used in the development of a state-wide status report regarding


                                                     89








                  the Aquatic Preserve Management Program which will focus on: resource
                  deterioration, compatible and non-compatible use activities, and appropriate
                  management strategies. The field office report will include information concerning
                  the following topics:

                  1 .      The state of the natural environment of the aquatic preserve.

                     a.        Through the use of resource inventories and the GIS system,
                               document the status of the preserves biological resource (e.g.,
                               vegetative loss or gain).

                     b.        Identify the number of current structures or activities which have been
                               completed. These occurrences will then be categorized as follows:

                               1    authorized projects - (consent from DNR has been obtained)
                               2)   unauthorized projects - (consent from DNR has not been obtained
                                    or has been denied)
                               3)   authorized projects not in compliance - (consent from DNR was
                                    obtained however the project is not in compliance as stipulated to
                                    in the original authorization)

                  2.       A list of accomplishments related to the tasks outlined in Chapter VI.

                     a.        Each task will be listed, and the activities done toward that task will be
                               detailed. If the task has not been done, an explanation will be given.
                               If the explanation was due to insufficient funding/staff, then this fact will
                               be detailed so that an update of Chapter Vill can be made.

                  3.       Any new goals and/or objectives will be reflected in an update of Chapter
                           V1.























                                                             90












                                               BIBLIOGRAPHY



             Anderson, G. and W. Faulkner. 1973. Water Resources of Marion County, Florida.
                     FL. Bur. of Geol. Map Ser. No. 53 (Map).

             Archaeological Consultants, Inc. 1987. Archaeological Survey of Marion County
                     Florida. Sarasota, FL.

             Berner, L. 1950. The Mayflies of Florida. University of Florida Press, Gainesville,
                     FL.

             Bureau of Economic and Business Research. 1990.                College of Business
                     Administration, University of Florida, Gainesville, FL.

             Crissman, T.L., A.E. Keller, J.H. Jones, H. Meier and J.R. Beaver. 1988. Lake Weir
                     Eutrophication Study: Final Report for Phases I and 11. Department of
                     Environmental Engineering Sciences, University of Florida, Gainesville,
                     Florida. A study for the St. Johns River Water Management District, Palatka,
                     FL.


             Crissman, T.L., A.E. Keller, J.H. Jones, H. Meier and J-R. Beaver. 1991. Lake Weir
                     Eutrophication Study: Final Report for Phases                 Department of
                     Environmental Engineering Sciences, University of Florida, Gainesville,
                     Florida. A study for the St. Johns River Water Management District,
                     Palataka, FL.

             Fernald, E.A., D.J. Patton., editors. 1984. Water Resources Atlas of Florida. Florida
                     State University. Tallahassee, FL.

             Florida Dept. of Natural Resources. 1988. Southwest Region. Bi-annual Aquatic
                     Plant Survey and Management Report. Floral City, FL.

             Florida Game and Freshwater Fish Commission. 1987. Central Region. Fish
                     Management Annual Progress Report. Ocala, FL.

             Florida Game and Freshwater Fish Commission. 1989. Central Region. Lake Weir
                     Investigations: Completion Report. Ocala, FL.

             Florida Natural Areas Inventory. 1990. Matrix of Habitats and Distribution by County
                     of Rare/Endangered Species in Florida. Tallahassee, FL.

             Harris, S.W. and W.H. Marshall. 1963. Ecology of Water Level Manipulations on a
                     Northern Marsh. Ecology 44 (2):331-343.


                                                      91








                Historic Property Associates, Inc. 1990. Final Report: Marion County Historic
                       Preservation Project. St. Augustine, FL.

                Marion County Board of County Commissioners. 1991. Draft, Marion County
                       Compreshensive Plan. Marion County, FL.

                Messer, JJ 1975. An Analysis of Nutrient Loading and Trophic Conditions in Lake
                       Weir, Florida. Ph. D. Dissertation, University of Florida, Gainesville, FL.

                Reid, G.K., R.D. Wood. 1976. Ecology of Inland Waters and Estuaries. New York,
                       NY: D. Van Nostrand Company.

                St. Johns'River Water Management District. 1991. SWIM Plan for the Upper
                       Oklawaha River Basin (Draft). SJRWMD, Palatka, FL.

                Tarver, D.P., J.A. Rodgers, M.J. Mahler, and R.L. Lazor. 1986. Aquatic and
                       Wetland Plants of Florida. Bur. of Aquatic Plant Mgmt., Florida Dept. of
                       Natural Resources. Tallahassee, FL.

                U.S. Congress. Office of Technology Assessment. 1984. Water Resources Atlas
                       of Florida; Wetlands Their Use and Regulation. Washington D.C.

                U. S. Environmental Protection Agency. Office of Research and Development.
                       1976. Impacts of Construction Activities In Wetlands of the United States.
                       EPA-600/3-76-045, Washington D.C.

                U.S. Fish and Wildlife Service. 1980. Atlantic Coast Ecological Inventory. Daytona
                       Beach, Florida. U.S. Geological Survey. Reston, VA.

                University of Florida, Institute of Food and Agricultural Sciences, Center for Aquatic
                       Plants. 1990. Gainesville, FL.


















                                                       92





                                                                              APPMWDIX A

                                                                     Relevant Legislation
                               V. 9, P. 692-20                                                                                              18-20.002

                                                 CHAPTFR 19-20                                  (c) To ctinrdinate with federal. state. and local
                                     FLORIDA AQUATIC PRESERVES                               agencies to aid in carrying out the intent of the
                               19-20-001         Intent.                                     Lxgisiature in cre ting the preserves;
                               19-20.002         Boundaries and SLopc (if the                   W To use applicable federal, state. and Inml
                                                 Preserves.                                  management programs, which are compatible with
                               19-20.003         Definitions.                                the intent and provisions of the act and these ruies.
                               1 &20.004         Management Policies, Standards              and to assist in managing the preserves:
                                                 and Criteria.                                  (e) To encourage the protection, enhancement
                               19-20.005         Uses. Sales, Leases. or Transfer of         or .restoration of the biological, aesthetic. fir
                                                 Interests in Lands, or Materials.           scientific values of the preserves, including but not
                                                 Held by the Board. (Repealed)               limited to the modification of existing manmade
                               18-20.006         Cumulative Impacts.                         conditions toward their natural condition, and
                               18-20.007         Protection of Riparian Rights.              discourage activities which would degrade the
                                                 (Repealed)                                  aesthetic. biological. or scientific values, or the
                               18-20.008         Inclusion of Lands,'ritic to Which          quality, or-utility of a preserve, when ivviewing
                                                 Is Not Vested in the 13,oard. in a          applications. or when developing and implementing
                                                 Preserve.                                   management plans for the preserves;
                               18-20.009         Establishment for Expanslion fir               (r) To preserve, promote. and utilize indigenous
                                                 Aquatic Preserves.                          life forms and habitats. including but not limited to:
                               18-20.010         Exchange of Lands.                          sponges, soft coral. hard corals, submerged grasses,
                               18-20.011         Gifts W Lands.                              mancroves, salt water marshes. fresh water
                               18-20.012         Protection fir Indigenous Life              marshes. mud flats, estuarine. aquatic. and marine
                                                                                             reptiles, game and non-game fish species. estuarine,
                                                 Forms.                                      aquatic and marine invertebrates, estuarine,
                               18-20.013         Development           of      Resource      aquatic and marine mammals, birds. shcIlrish and
                                                 Invensorics and          Management         mollusks;
                                                 Plans for Preserves.                           (g) To acquire additional title interests in lands
                               19-20.014         Enforcement.                                whoever such acquisitions would serve in pmteci fir
                               18-20.015         Application Form. (Repealed)                enhance the biological. aesthetic, or s6critific vaiucs
                               18-20.016         Coordination         with         Other     fir the preserves;
                                                 Governmental Agencies.                         (h) To maintain those beneficial hvdroloeic and
                               16-20.017         Lake Jackson Aquatic Preserve.              biokm3ic functions. the benefits of wh     'ich 2-1 e 10
                                                                                             the public at large.
                               L Henry Dwn. 55 FU. Barj. 247. 250 (Mar, 1981).                  (4) Nothing in these rules shall serve to
                                  IS-20.001 Intent.                                          eliminate or alter the requirements or authority or
                                  (1) All sovereignty lands within a preserve shall          other governmental agencies, inciuding counties
                               be managed primarily for the maintenance of                   and municipalities, to protect or enhance the
                               essmtialiy natural conditions, the propagation fir            preserves provided that such requirements or
                               fish and wildlife, and public recreaLi0ft, including          authority arc not inconsistent with the act and this
                               hunting and fishing where deemed appropriate by               ch'P"
                               the board, and the managing agency.                           Specific Auttirwisr 120.53. 258.43(t) F.S. Law
                                  (2) The aquatic preserves which are described in           [email protected],-.2.58.3-).258.39.IFS.
                                                                                             C-*hapter8O-2801.awsofFkAnda.Himorv-New2.2341.
                               73-534, Laws of Florida, Sections 258.39, 258.391,            Amended 8-7.95. Farmcriy 16Q.20.01.Transierred1mm
                               258.392 and 258.393, Florida Statutes, future                 leQ-20.001.
                               aquatic preserves established pursuant to general or
                               special acts of the lcgisLaLUrr- and in Rule                     18-20.002 Boumlaries and Scope of the
                               18-20.OOZ Florida Administrative Code. were                   Prvwrves.
                               enablished for the purpose or being preserved in an              (1) .These rules shall only apply to those
                               essentially natural or existing condition so that their       s0verOgnty lands within a p.        rvc, title to which is
                               aesthetic, biological and scientific values may               vested in the board, and those other lands for which
                               endure for the ekioyment of future generations.               the board has an appropriate instrument in writing,
                                  (3) The preserves "i be administered and                   cxecuted by the owner, authorizing the inclusion a(
                               managed in accordance with the following goaL=                specific lands in an aquatic preserve pursuant to
                                  (a) To preservo_- protem, and enhance thew                 Section 2(2) of Chapter 73@534, Laws or Fioricia,
                               exceptional areas of sovereignty submerged lands by           Sections 258.40(t) and 258.41 (5), Florida Statutes,
                               reasonable rtgulaLiOn or human activity within the            future aquatic preserves estabiished through
                               preserves      through      the    development         and    general or special acts of the legislature. and
                               implementation of a comprehensive management                  Pursuant       to     Rule       18-20.068.        Florida
                               program;                                                      Administrative Cride. Any publicly owned and
                                  W To protect and enhance the waters or the                 maintained navicaLion channel authorized bv the
                               preserves so that the public may continue to enjoy            United States dringress, or other public works
                               the traditional recreational uses fir those waters such       project authorized by the United States Congress,
                               as swimming, boating, and fishing-,                           6esigned it) improve or maintain commerce and
                                                                                             navipuon shall be deemed to be excluded from the

                                                                                       93







                                1920.002                       qMMRNAL qDAPROVEMENT -MUST FUND                                 V. 9 p. 6922P

                                previsions of this chapter. pursuant to SubsWi       181, pages 363-366and in he Official Records of
                                2q58.4q0q(2), Florida Statutes. Furthermore. all lands      Fqlagier County in Book 3q3, pages q13q1-q134.
                                lost by avulsqion or by artificially induced erosion         4.    Tomoka Marsh Aquatic Preserve, as
                                shal I be deemed excluded from the provisions of this    described in the Official Records of Flagqier County
                                chapter pursuant to Subsection 25q9.40(3), Florida        In Book 33. pages 13q5-138, and in the Official
                                Statutes.                                                Records of qVoqiusia County In Book 1244, pages
                                  (2) These rules do not apply to Boca Cieqga Bay.        61q5-618.
                                Pinellas County or Biscayne Bay Aquatic                     qS. Wekiva River Aquatic Preserve. as described
                                qPreseqmqm                                                  in Section 2q58.39(30). F.S.
                                  (3) These rules am promulgated to clarify the             6.    Mosquito Lagoon Aquatic Preserve. as
                                responsibilities of the board in carrying out its land   described in the Official Records of Volusia County
                                management functions as those functions apply            in Book 1244. pages 019-62q3, and in the Official
                                within   the preserves.      Implementation and          Records or Brevard County in Book 1q14q3. pages
                                rqmpnnsibilqity for environmental permitting or            190-194.
                                activities and water quality protection within the          7. Banana River Aquatic Preqwrvc. as described
                                preserves am vested in        the Department of          in the orqrqicial Records of qBrevard County in Book
                                Environmental Regulation.     Since thew rules are -     1143. pages 195-198. less thine qiandsdediqunied to
                                cnnsidered cumulative with    other rules, a person      the U. S. A. prior III the enactment of the act. until
                                planning an activity within the preserves should         such time as the U. qS. A. no qloriecr wishes to
                                also consult the other applicable department rules       maintain such lands for the purpose q(or which they
                                (Chapter . 18-2 1. Florida Administrative Code, for      were dedicated. at which time such lands would
                                example) as well as the rules of the Department of       revert to (he Ward, and he managed as qpari of the
                                Environmental Regulation.                                preserve.
                                  (4) These rules &hall not affect previous actions         8.    Indian River - Malabar to Sebastian
                                of the board concerning 'the issuance of any             Aquatic Preserve. as described in the Ofqricial
                                casement or qleasc; or any disclaimer concerning          Records (if qBrevarqd County in qLq34ook q1q143. pages
                                sovereignty lands.                                       19q9-202. and in the Official Records of Indian
                                  (q5) The intent and specific provisions expressed       River 4qCAountqy in Book .q168, pages 5-8.
                                n 18-20.001(c) and (qf) apply generally to all               9. Indian River -     'Vero Bcach to Fort Pierce
                                existing or future aquatic preserves within the scope    Aquatic Preserve, as described in the 4qO6qMciaql
                                of this chapter. Upon ctimpqiction of a resource          Records or Indian River County in Book 36q8. pages
                                inventory and approval of a management plan for a        q9-qI4qZ and in the Official Records oqr St. Lucie
                                preservc, pursuant to q16q&20.013, the type                 County in Book 187, pages 1083-1086.
                                designation and the resourqm sought to be preserved          q10. Jensen Beach to Jupiter Inlet Aquatic
                                may be readdressed by the Board.                         Preserve. as described in the Official Records oqr St.
                                  (6) For the purpose oqf clarification and               Lucie County in Book 218. pages 2865-286q9.
                                interpreqution, the qiepl qdcscriqption set forth as            11. North Fork, St. Lucie Aquatic Preserve. as
                                follows do not include any land which is expressly       described in the Official Records oqr Martin County
                                mcoqg. ized as privately owned upland in a                in Boi)k 337, pages 2159-2162, and in the Official
                                pre-existing recorded mean high water line               Records of St. Lucie County in 1q3,ook 201. pages
                                sqatq1cment agreement between the bnard and a              1676-1679.
                                private owner or owners. Provided. however, in              12. Laxahatchec River - Lake Wnrth Creek
                                those instances wherein a settlement als. cc.. ent was   Aquatic Preserve, as described in the Oqfqraciaql
                                executed subsequent to the passage of the Florida        Records of Martin County in Book 32q0, paires
                                4qGoamal Mapping Act, the qdeteqminatqion or the              193-196, and in the Official Records or Palm Beach
                                mean high water line shall be in accordance with the     County in. Volume 1860. paqgqm 806-809.
                                provisions of such ar-                                      13. qBisqmqyne Bay - Cape Florida to Monrqm
                                  q(7) Persons interqmed in obLaining details of           County Line Aquatic Preserve. as described in the
                                particular preqorves should contact the Bureau of         Official Rcq=rds of Dade County in Book 70q55.
                                State Lands Managqmem. 8qDwqqqnrtment or Natural              pages 852-856. less, however. those lands and
                                Resources,     3900      Commonwealth           Blvd.,   waters as dcscribcd in Section 258.165. F. S.,
                                Tallahassee, FL 32303 (telephone 900q"82q&q72q-1q97).            (Biscayne Bay Aquatic Preserve Act of 19q74)q. and
                                  (a) The preserves are described as follows:            those lands and waters within the Biscayne
                                  I. Fort Clinch State Park Aquatic Preserve, as         National Park.
                                described in qthqe Ofrqiqcial Records or Nassau County          14. Li6qgnumvitaqc Key Aquatic Preserve, as
                                in Book 108, pages 343q-346, and in Book I 11q. page       described in the O2qr6qr8qiqcial 60qicqcquqrds qo8qf Monqrne County
                                409.                                                     in Bqoqiqsk 506q2, pages 134q9q-142.
                                  2q. Nassau River - SL Johns River Marshes                  15. Coupon Eight Aquatic Preserve, as
                                Aquatic Preserve, as described in the Or0qricial           described in the Official Records qo8qr Monroe County
                                Records of Duval County in Volume 3183q, pages            in Book 502, pages 143q-146.
                                6q547q-52q532qZ and in the Ofrtqcial Records or Nassau               16. 16qC-qL0quqe Romano - Ten 20q74qhqousand Islands
                                County in Book 108, pages 4q232-237.                       Aquatic Preserve, as described in the Or2qrqicqial
                                  6q3. 2qPellicqer Creek Aquatic Preserve, as described       Records of Collier County in Book 381, pages
                                in qthqe Official Records or SL Johns County in Book       298q-301.


                                                                                       94
 






                         V. 9, p. 6922                      FqLORMA AQU7C PRESERVES                                         19-20003
                            17- Rookery Bay Aquatic Preserve, as described          negotiate an arrangement with     any such private
                         in Section 2q5q8.39q(31). FqS.                                 upland owner by which such land qmaqy be included
                            18. Estern Bay Aquatic Preserve as described in         in the piese,
                         Section q258.39q(2qiq). Florida statute&.                         33. Term Ccia Aquatic Preserve. as described in
                            19. Fine Island Sound Aquatic preserve. as              Section 25q9.393, Florida Statutes.
                         described in the Official Records of Lee County in            q34. Future    aquatic     preserves    established
                         Book q648, pages 732-736.                                   pursuant to general or special acts of theqlevislature.
                            20. Matiacha Pass Aquatic Preserve, as                  qSpe4q6qhc AuthrWity 120.5q3. 258.4q3q(t) 4qh. q1q'.
                         described in the Official Records of qLcc County in         qiqmPkqmemed q258-q39- 258-391- 25q8-3?2qZ 2q58-39q3- q25q8-40-
                         Book 800. pages 721-1,728.                                 2q38.41. 258.42qZ 258.4q3. 258-44. 258.45 qFS. Hiserwyq-
                            21. 4qCasparilqla Sound - Charlotte Harbor                 New 2-2q3-q91. Anqwrideqd 8-7-85. Formerly 16Q--0qV.qOqZ
                         Aquatic Preserve, as described in Soqmqion q2q5g_392.          Transifqerivd Iqnun 16(q2-20 OOqZ
                         F.S.                                                          1q3-20.003 'Deqrmitqions. When used in these
                            2
                            Z2. Cape Haze Aquatic Preserve, as described in         rules, the following words shall have the indicated
                         Seqnion 258.39q(29), F.S.                                    meaning unless, the context clearly indicates
                            Zq3. Cockroach Bay Aquatic Preserve, as                  otherwise:
                         described in Section 258.391. F.S.                            (1) "Act" means the provisions of Sect lort 258.3 5
                            24. St. Martins Marsh Aquatic Preserve. as              through 258.46, F.S., the Florida Aquatic Preserve
                         described in the Official Records of Citrus County         Act.
                         in Book 2q76, pages 232q&241.                                    (2) "Activity" means any pqmqject and such other
                            25. Alligator Harbor Aquatic Preserve, as               human action within the preserve requiring board
                         described in the Official Records of Franklin              approval for the use, sale, lease or transfer of
                         County in Volume 9q8. pages 82-85.                          interest in sovereignty lands or materials, or which
                            26. Apalachicola Bay Aquatic Preserve, as               may require a license from the D2q"rtment of
                         described in the Ofricial 2qiccorqds of Gulf County in        Environmental Regulation.
                         Book 46. pages 77.8 1. and in the Official Records of         (3)    "Aesthetic     values"     means      scenic
                         Franklin County in Volume 98. pages 102-106.               characteristics or amenities of tqhe preserve in its
                            27. St. Joseph Bay Aquatic Preserve. as                 essentially natural state or condition, and the
                         described in the Oqrrecial Records of Guqir County in        maintenance thercoqf.
                         Book 46, pages 73-76.                                         (4) "Applicant" means any person making
                            2q9. St. Andrews State Park Aquatic Preserve, as         application for a permiL, license, conveyance of an
                         qdesLribed in the Oqrqricial Records of Bay County in         interest in state owned lands or any other necessary
                         Book 379, pages 547-550.                                   form of governmental approval in order in perform
                            29. Rocky Bayou State Park Aquatic Preserve_            an activity within the preserve.
                         as described in the Official Records of Oqkitqionsa             (5) -qB2q@ncficial biological functions" means
                         County in Bonk 593, pages q742-q745.                         interactions between flora, fauna and physical or
                            30. Yellow River Marsh Aquatic Preserve, as             chemical atuqibutes of the environment, which
                         described in the Oqfricqial Rcqwrqd3 of qSanLa Rosa             provide benefits that accrue to the public at large,
                         County in Book 206, pages 566q&q571.                          including, but not limited to: nutrient, qpesticioc and
                            31. Fort PickcrtsSLate Park Aquatic Presermq-cas         heavy qmq=ql uptake; sediment retention; nutrient
                         described in tqhe Oqrracial Records of Santa Rosa            conversion to biomass; nutrient recycling and
                         County in Book 220, pages 60-63, in the Ofriciaql           oxyqgnatqiorL
                         Records of Escambia County in Book q51q8, pages                 (6) "Beneficial hydrological functions" means
                         659-662, less the Lands dedicated to the U. S. A. for      interactions between qfloqm fauna and physical
                         the establishment of the Gulf Islands National             geological or geographical attributes oq( the
                         Seashore prior to the eqmctmcnt of the ac:6 until such      environment. which provide benefits that accrue to
                         time as the U. S. A. no longer wishes to maintain          the public at large, 'including, but not limited to:
                         such lands for the put         for which they -ere         retardation of storm watcr now; storm water
                         dedicated, at which time Such lands would revert to        retention; qw2qW water storaqgc@ and periodical release;
                         the board and be managed as part of the preserve.             (7) 'Biological vaqiucs" means the preservation
                            32- For the purpnse of this section the                 and promotion or indigenous life forms and habitats
                         boundaries or the Lake Jackson Aquatic Preserveq.           including, but not limited to: sponges, soft corals,
                         shall be the body of water in Leon County known as         hard cqorqa2qlsq@ submerged grasses, mangroves,
                         Lake Jackson in Sections 1q. 2, 3q. 5q. 10, 11 and 14,        saltwater marshes, fresh water marshes, mudnaqtqsq,
                         Township I North. Range I West and Sections 11.            marine, estuarine, and aquatic reptiles, games and
                         12q4 13, 14, 15. 21. 2 q2 23. 26. 28q7q7q. 0q26q2, 28qM 37, 33, 34.     non-games fish species, marine, estuarine. and
                         and 35. Township 2 North, Range I West lying               aquatic mammals, marine. estuarine, and aquatic
                         below the ordinary high water line. Such lands shall       inve6qnebqratqes,- birds and shellfish.
                         include the submerged bottom lands and the water              (S) -Board" means the Governor and Cabinet
                         column upon such lands, as well qaq3 all publicly            sitting as the Board of Trustees of the Internal
                         owned islands, within the boundaries or the                Improvement Trust Fund.
                         preserve. Any privately held upland within the                (9) -Channel" means a trench. the bottom qo8qr
                         boundaries of the preserve shall be deemed to be           which is normally covered entirely by water, with
                         excluded therefrom; provided that the Board may            thqe upper edges of iqts sides normally 8qbqeiqaw waterq.


                                                                                  95
 





                                 OL 3187)
                                 19-20003                           INTERNAL IMPROVEMENT TRUST qrUND                                      V. 9, p. 692-2R

                                    (10) -Commercial, industrial and other revenue                  (22) -Prv- mnsanvndll  n,rc
                                 generating/incrome related docks- means docking
                                                                                                  which are c%veqptional ;areas qJ movereivniv lands
                                 facilities for an activity which produces income.                and the asuiciated water b0qMv s4s desienateqd in
                                 through rental or any other means. or which serves               Section 258.39. 258.391. and 258 3(q)q2. F.qs..
                                 as an accessory facility to other rental, commercial             including all sovereignty lands. title tit which is
                                 or industrial operatiorts. It shall include. but not he          vested in the qtockard, and such other lands ;is the
                                 limited to docking for marinqn, restaurants. hotels.              imiard nuiqv acquire oraqpprivve foor inviustion.and the
                                 motels. commercial fishing. shipping, boat or ship               water cv)qiumn 4over such lands. which have been set
                                 construction. repair. and sales.                                 aside to be maintained in in essentiaqlqiv natural or
                                      1) -Department" means the State of Florida                  existing condition of indigenous fqloraand q[auna and
                                 Department of Natural Resources. as administrator                their supptinqinqg habitat and the natural scenic
                                 for the board.                                                   qualities and amenities there4iqf.
                                    (12) -Division" means the Division of State                     (q23) "Private residential single dot-k- means a
                                 Lands, which perqformis all staff duties and functions            diock which is used for private, ret-reatqional isr
                                 related to the administration or lands title tit which           leisure purpopses qfor a single family residence,
                                 is. or will be. vested in the board. pursuant tit sect ion       ctittaqge or other such single dwelling unitand which
                                 253.002, F-S.                                                    is designed tit motor rut more than twit boats.
                                    (13) "Dock" means a fixed or floating structure.                (24) "Priviteresicqienti:tqlrviuiti-slipqdtK:k*'nic;ins
                                 including moorings. used for the purpitse itq(                    a diwkinqg facility which is used- ffor private
                                 berthing buoyant vicqneis either temporarily (or                  qm-reational tor leisure purp(iscs (or multi-unit
                                 indefinitely.                                                    residential dwellings which shall include but is nnt
                                    (14) -Essentially natural condition" means                    limited to condominiums. townhouses. subdivisions
                                 those functions which suppnrt the continued                      and fithcr such dwellings or resitqicrtial areas and
                                 qatistence or encourage the restoration of the diverse            which is designed it) mitior three or more boats.
                                 population of indigenous life forms and habitats it,             Yacht     Hubs       associated      with       residential
                                 the extent they existed prior to the siqgniqra=int                 developments. whose memqbcqmhiqps or utilization or
                                 development adjacent to and within the preserve.                 the cqitickqinqg qrqmqilitqy requires some real property
                                    (15) "Extreme hardship- means a signiqfqic-ant                  interest in the residential arca. shall also qbe
                                 burden, unique to the applicant and not shared qliv               qincqludcqd.
                                 property owners in the area. Self-imposed                          (25) "Public interest- means demonstrable
                                 circumstances caused toany degree bqyactionsoqfany                 environmental, stocial, and economic benefits which
                                 person subsequent to the cnaqmmem of the Act shall                would accrue to the public at large as a result of a
                                 not be consquvieqd as an extreme hardship. Extreme                 proqIxoseqdactqion. and which would clearly cxceed all
                                 hardship under this act shall not be construed it)               dirqmonstraqhqle environmental, social. and casnomic
                                 include any hardship which arises in whole (or in                Costs of [he proposed action. In determining the
                                 part from the c0qf0qfeqm of other federal. state or qlovAl             public interest in a request for use, saqic, lease. nr
                                 laws. ordinances, rules or regulations. The term                 transfer oqr interest in sovereignty lands or severance
                                 may be inherent in public projects which are shown               oqf materials from soveqmigntqy Lands, the board shall
                                 qw be a public necessity.                                         consider the ultimate pq@oqjea and pu2qMosc in be
                                    (1q6) -Fill" itneans materials from any source,                served by said use, sale, lease. or transfer of lands or
                                 deposited by any means onto sovereignty lands,                   materials.
                                 either for the purpose of creating new uplands or qfor              (26) -PubiicnaVigaLionprcvqjcqm"mr-ansaqproqjqw
                                 any other purpose, including spoiling of dredged                 primarily for the purpose ciq( navigation which is
                                 mqacrqiaqls. For the purpose of this rule. the                      authorized and funded by the United States
                                 pqiacement of pilings or riprap shall not be                      Congress or by port authorities as defined by
                                 aqwqaidicrd. qw be filling.                                        Section 315.02(2), F.S.
                                    (17) "Locaqn" means a conveyance of interest in                  (27) -Public necessity- means the works or
                                 qIqmds, tide to which is vested in the board, granted in           improvements required for the protection of the
                                 accqwqdance with speciqric terms set forth in writing.              health and safety of the public. consistent with the
                                    (1q8) "Marina" means a small craft harbor                      Act and these rules, for which no other reasonable
                                 complex used primarily for reci tion.                            alternative exists.
                                    (19) "Oil and gas transportation facilities"                    (28) "Public utilities" means those services,
                                 means those structures n         q- q@ ry for the movement         provided by persons regulated by the Public Service
                                 of oil and gas from the production site to the                   Commission. or which are provided by rural
                                 consumer.                                                        cooperatives. municipaliqLies, or other 2qr     qovemmqeqnqtal
                                    (20) "Person" means individuals, minqtqi6qm.                      agencies, including electricity, tc2qlqe2qpqnonqe, public
                                 partnershipsq, qcqoqrporatio6qm jqoinqtq'venqtures. estates.               water and wastewater services, and structures
                                 trustsq, syndicates, fiduciaries, firms. and all qoqt0qhcr            nerqessqaqrqy for the provision (if these services.
                                 associations and combinations, whether public qar                   (2q10q9) "Quality qtqif the preserve" means the d q-rqeqe
                                 private, including governmental entities.                        qo8qf the biqtq4qtqo8qgicqalq. qaesqthqeqiqlqcqand scientific values qo2qf the
                                    0q(28q12q) "Pier" means a structure in, on, qoqr over                 preserve necessary for present and future qen6q@qv4qymqent
                                 sovereignty lands, which is used by the public                   q(8qd it In an essentially natural cqiqondition.
                                 primarily for fishing, swimming, or viewing the                    (30) q"Rqe6qw8qwrqeqc manqaeqe2qmcnqi agreement" means
                                 preserve. A pier shall not include a dock.                       a qLqontrqactuqal agreement 0q@qCtwqeqen q@hqc board and one


                                                                                                  96
 





                           . 9 P. 6922S                                                                                                   (qR. 3/97)
                                                                     FLORIDA AQUA171C PRESERVES                                              1820.004

                           for more q@)artles which does not create an interest in           watcrand where the uscof the waierorsovereiqgntqy
                           real Property but mq"Cqly authorizes conduct for                   lands is an integral pan foqr he
                           certain management aetiv:
                                                         #ties on lands held by the         qSgoeroiqrsc Auslorwity q25q8.4.3q(jq) qrqS. qL-ess- loupirrownted
                           lociarqd.                                                         8q158.37.q24qM.4.3q(iq) 8qFqS. Hisuwvq-,Vc-w q2..qji.arj. ..1n,enfiefy
                              (31q) "Resource Protection Area (RPA) I- -                     8-7-85. Fortneriy 16Q-2        0.0-1. 8qTransieryrd qfron,
                                                     uatic pqmserves which have              i6Q-20.00q3.
                           resources of the highest quaqlqil4qrq5qhd condition for                  1q8-20.004 Management Policies, Standards
                           that area. These resources may include, but are not              and Criteria. The following management qlooqlqicics.
                           limited to corals; marine grassqbeqds; mangrove                    standards and criteria arc supplemental fit 0qChapqwr
                           swamps;       salt-water       marsh;      oyster       bars;    q12q&2q1, Florida Administrative Code q(.1m,wereiqgnty
                           2rchaeoqiogical and historical sites; endangered or               Submerged Lands Management) and shall be
                           threatened species habitat.; and. colonial water bird            utilized in determining whether to approve,
                           nesting sites.                                                   approve with conditions or modiqfqit--nions or denvaqlql
                              (32) -Resource Protection Area 2@ - Areas                     requests for activities on sovereignty lands in
                           within tqhe aquatic preserves which are in transition              aquatic presqvves.     Z
                           with either declining resource protection area 1                    (1) GENERAL PROPRIETARY
                           resourqms or new pioneering resources within                         (a) In determining whether toaqroqlwovc or dcnqy
                           resource protection area 3.                                      any request the Board will evaluate cach on a
                              (33) "Resource Protection Arta 3" - Areas                     me -bqy-casc basis and weigh any factors relevant
                           within the aquatic preserve that am characterized                under Chapter 253 and/or- 2q58.'Florida qStatuis.
                           by the absence of any significant natural resource               6qThe Board, acting as Trustees for all          state-4owned
                           attribuies.                                                      lands, reserves the right toapprove. motfify or reject
                              (34) -Riparian rights" means             .those rights        any qproqpqmaql.
                           incident to lands bordering upon navigable           water&,        (b) Them shall be no further sale. lease for
                           as recognized by the courts (of this state and common            transfer of sovereignty lands except when suLh qmic,
                           qlaw.                                                             lease or transfer is in the public interest q(see Section
                              8q05) **Sale- means a conveyance or interest in                 18-20.qOqD4q(2) Public Interest Assessment 0qCrqiicriaq).
                           lands. by the board, qfor consideration.                             (c) There shall be no construct        "in oqf scawaqlqls
                              (36) "Scientific values" mq=ns the preservation                waterward oqf the mean or ordinary high water linc.
                                                                                                                                    'or ordinary hierqh
                           and promotion (if certain qualities or features which            or filling waLerward of the mean
                           have srientiqfic sianiqfqic:ince.                                   water line except in the case of public road ;tq;d
                              (37) "Shore protection structure" means a type                bridge pqmqjccts where no qmasonabic alternative
                           of coastal construction designed to minimize the rate            exists.
                           of crosion. qCAbasL21 construction includes any work                 (d) There shall. in no case, he any dredging
                           or activity which is likely to have a material physical          waterward of the mean nr ordinary hich water line
                           effect on existing coastaql conditions or natural Shore           for the sole or primary purpose oql"qprovidinqg fill qfor
                           processes.                                                       any area landward of the mean (or ordinary high
                              (38) -Sovereignty lands" means thaw lands                     Water line.
                           including, but not limited to: tidal Lands, islands,                (c) A Icasc. casement or consent of use may be
                           sandqbars, shallow banks, and lands waterward or                  authorized only for the following activities:
                           the ordinary or mean highwater line, to which the                   1. a public navigation pn).?q=;
                           State oqr Florida acquired title on March 3, 1q8q4 q5, by               q2. maintenance of an existing navigational
                           virtue of sLatchoo(qi. and of which it has not since              channel;
                           divested its title interest- For the purposes of this               3. installation or maintenance or approved
                           rule sovereignty lands shall include all submerged               navigational aids;
                           lands within the boundaries of the preserve, Litqle to               4. creation        or       maintenance          oqr       a
                           which is held by tqhe board                                       commercial/industrial dock. pier or a marina,
                              (39) -Spaiqi" means materials dredged from                        q5. creation or maintenance of private docks for
                           sovereignty lands which am redeposited or                        reasonable ingress and egress aql' riparian owners;
                           discanqiqiqd 'by any means, onto either sovereignty                    6. minimum dredging for navi p'tion channels
                           lands or uplands.                                                attendant to docking facilities;
                              (40) q"Transqter" means the act of the board by                    7. creation or maintenance of 2 shore protection
                           which any interest in lands. including casements.                qsquqcqtuqrqc,
                           other than sale or lease, is conveyed.                              0q8. installation or maintenance qor qoi8ql and gas
                              (41) "Utility of the preserve" means fitness of               qunsporqtatiqon facilities;
                           the preserve far the present and future enjoyment of                9. creation,       maintenance,      replacement        qfqor
                           iqts biological, qaqcsqthqeqtic and scientific values, in an           expansion of facilities required for the provision qor
                           essentially natural condition.                                   public Utilities; and
                              (42) "Water dependent activity" means an                         10. other activities which arc a public necessity
                           activity which can only be conducted on, in, over, or            or which are necessary tqo enhance the quqaiity or
                           adq.2qjaqcenqt to, water areas because qthqe activity                   utility of the preserve and which are cqunsisqtcrqoqt 'with
                           requires direct access to the water body. or                     the act and this chapter.
                           sovereignty lands for transportation, recreation,                   (6qf) For      acqtivitics     listed    in      paragraphs
                           qener2qg-4q; prqodu6qniqon or transmission, or source of                  18q-20.004(0ql)(qc8q)l.-qI8qO. abovqc, thqe activity shall be

                                                                                      97
 





                                       (qK 3197)
                                       1820.004                            INTERNAL IMPROVEMENT TRUST FUND                                        V. 9 p. 692r

                                       designed so that the structure for structures it) be                 2. pwid Imaing and marina se (repair.
                                       built in. an or over swreigny lands are limited to             pUMpW, .).
                                       structures necessary to ainqduct water dependent                      3 improve and enhance public health, safety,
                                       activities.                                                       welfaqM and law enforcement.
                                          (g) For activities          listed    in      paragraphs          4. improved public land management.
                                       18-q20.q0qD4q(qlq)q(cq)q?., 8.. 9. and 10. aqberve. it must be                 qS. improve and enhance public navigation,
                                       demonstrated that no) other reasonabqie alternative                   6. improve and enhance water quality;
                                       exists which would aqfqlow the prtiqpqmed activity to be                 7. cnhancemcnt/restoratqion of natural habitat
                                       constructed or under-taken outside the preserve.                  and functions; and
                                          (h) The use of state-owned lands for the purqptose                 8. improve/proicct
                                       of providing private or public risad access to islands            endangered/threatened /unique species.
                                       where such access did not previously exist shall be                  q(cq) COSTS:
                                       prohi qbited. The use of state-4q-ned lands for the                   1. reduced /degraded water quality-,
                                       purpose of providing private fir public water supply                 q2- reduced/degraded          natural      habitat     and
                                       to islands where such water qsuppqlqy@ did not                       function;
                                       previously exist shall be pnihiqbited.                                3. destruction,       harm      or     harassment        iqd
                                          q(iq) Except for public navigation projects and                  endangered or threatened species and habitat;
                                       maintenance dredging for existing channels and                       4. preemption of public use.
                                       basins, any areas dredged to impriove or u. le                       5. increasing        navigational . hazards           and
                                       navigational access shall be incorporated into the                congestion;
                                       prrempted area of any required lease for be sub       'qiqm it)        6. reduced /degraded aesthetics; and
                                       the payment of a negotiated private casement fee.                    7. adverse cumulative impacts.
                                          qQ) Private       residential     muqiti-sqlip diockinqg              (d) EXAMPLES OF SPECIFIC BENEFITS:
                                       facilities shall require a lease.                                    q1. donation a( land, conservation casements.
                                          (k) Aquacuiture and beach renourishment                        restrictive covenants or other title interests in fir
                                       activities which comply with the standards for this               contiguous it) the aquatic preserve which will
                                       rule chapter and Chapter                 18-21, Florida           protect or enhance the aquatic preserve;
                                       Administrative Code, may be approved by the                          2- providing access or facilities for public land
                                       board, but only subsequent to a formal qrqinding of                 management activities;
                                       compatibility with the purposes of Chapter 2q5q8,                      3. providing public access casemenLs and/or
                                       Florida Statutes, and this rule chapter.                          facilities, such as beach a          , boat ramps, etc.;
                                          (1) Other - of the preserve. or human activity                    4. restoration/enhancement of altered habitat for
                                       within the preserve, although not originally                      natural functions, such as conversion of vertical
                                       contemplated, may be approveqi by the qbgsaq;d, but                  bulkheads to riprap and/or veqgqmation for sqhorcitne
                                       only subsequent to a formal finding of compatibility              stabilization or re-establisqhment of shoreline fir
                                       with the put         of Chapter 258, Florida Statute&,            submerged vegetation;
                                       and this rule chapter.                                               q5. improving fishery habitat through the
                                          (2) PUBLIC INTEREST ASSESSMENT                                 establishment of artificial reefs or other such
                                       CRITERIA                                                          pqmqjccu, where appropriaqm
                                          In evaluating requests qfor the sale, lease or                     6. providing sewage pumpout facilities where
                                       transfer or interest, a balancing test will be' utilized          normally not required, in particular. facilities open
                                       to determine whether the social, ecrincomic and/or                to the general public;
                                       environmental benefits clearly exceed the costs.                     7. improvements to water quality such as
                                          (a) GENERAL                        B4qENEFIT/COST                removal of toxic seqdiqmenLe. increased nushing and
                                       CRITERIA.                                                         circulation. etc.;
                                          1. any benefits that are balanced against the                     q8. providing upland dry suirageas an alternative
                                       costs of a particular project. shall be related to the            to wc0qWip; and
                                       affected aquatic preserqm-                                            9. marking navigation channeis to avoid
                                          2. in evaluating the benefits and emu of citch                 disruption of shallow water habitats.
                                       reqqui8qm specific consideration and weight shall be                    (3) RESOURCE MANAGEMENT
                                       qgqivqm.to the quality and nature or the specific                       (a) All proposed activities in aquatic preserves
                                       aquaLic preserve. Prqojcts in the less developed,                 having management plans adopted by the Bosard
                                       more     pristine     aquatic     preserve  qs     such     as     must demonstrate that such activities are consistent
                                       A6q;qia6qlaqchico2qla Bay shall be subject to a higher                    with the management plan.
                                       standard than the more developed urban aquatic                       0qW No drilling of oil, gas or other such wells
                                       preserves such as Boca C2qie6qga Bay; and,                            shall be allowed.
                                          3. for projects in aquatic preseqrqvqics with adopted                (c) Utility cables, pipes and tither such
                                       management         plans,     consistency       with      the     structures shall be Constructed and 8qlqcqKq2qiqe8qd in a
                                       management plan will be weighed heavily when                      manner that will cause minimal disturbance to
                                       determining whether the project is in the public                  submerged land resources such as oyster bars and
                                       interest.                                                         submerged grass beds and dqo not interfere with
                                          36qW B24qEN20qE20qM CATEGORIES:                                            traditional public uses.
                                          1. public access (public twat ramps, 4qbqoaqts8qlipsq,                   (d) Spoil disposal within the preserves shall be
                                       etc.)-,                                                           strongly discouraged and may bqe approved only


                                                                                                  98


                                                                                                                                 q156q0
 







                                                                                                                                  qOL 9qM)
                          V. 9 p. 6922U                       FLqOMA AQUA71C IqWEVES                                           1820.004

                          structures "I    be constructed and located in a                3. the dock will extend out from the shoreline no
                          manner that will cause minimal disturbance to               further than to a maximum depth of minus four
                          submerged land resourqm such as oyster bar% and                  4) qleirt (mcan kqm- water);
                          submerged grass beds and do not interfere with                   when the waterdepth is minus four( - 4) feet
                          traditional public us=.                                     q(qmegin qlow water) at an existing bulkhead the
                             2qW Spoil dqispa'q"qI within the preserves, shall he          maximum dock qlenqg1h from the bulkhead shall qbe
                          strongly discouraged and qmay be approved only               25 (mt. suq4qiecl to Modifications acrommemqlatinqg
                          where the applicant has qdernimnstrated that them is         shoreline vegetation overhang;
                          on ember masnetabqle alternative and that anivqiiy                qS. wave break devices, when neqmmqurqy. shall be
                          may be beneficial to. or at a minimum. not harmful          designed to allow for maximum water circulation
                          to the quality and utility of the preserve.                 and shall be built in such a manner as to be part of
                             (q4) RIPARIAN RIGHq7q7S                                     the dock structure;
                             (a) None of the provisions or this rule shall 2qw              6. terminal platform size shall be no more than
                          implemented in a manner that would unreasonably             160 square feet; and
                          infringe upon the traditional. common law and                   7. dredging to obtain navigable water depths in
                          statutory riparian rights or upland riparian                evinjunctqion with private residential, single cqrnck
                          property owners adjacent it, streeqmigntqy lands.             applications is strongly discouraged.           
                             (b) The evaluation and determination of the                  (c) Private residential multi-slip dricks shall
                          reasonable riparian rights or ingress and tqTrqm for          ciqmqforin to the following specific qdr-sign standards
                          private. residential multi-slip docks shall be based        and criteria:
                          upon the number of linear feet of riparian shoreline.           1. the area or sovereignly, submerged land
                             (c) For the purposes oqr this rule, a private,            preempted qbqy the docking facility shall not exceed
                          residential. single docking facility which meets all        the square q(tiotage amounting in ten times the
                          the requirements or Rule 1q9-20.0q04q(5q) shall be              riparian waterfront footage of the affected
                          deemed to mect the public interest requirements of          waterbody of the applicant. or the square footage
                          Rule 1q8-20.q0qD4(ql)(b). Florida Administrative                attenqdant.to providing a single dock in accordance
                          Code. However, the applicants for such docking              with the criteria for private residential single docks.
                          facilities must apply for such consent and must meet        whichever is greater. A conservation caqwment or
                          all or the requi-oncrits and standards of this rule         other such use restriction acceptable to the Board
                          chapter.                                                    must qbe placed no the riparian shoreline, used for
                             (q5) STANDARDS AND CRITERIA FOR                           the calculation or the qi o. qi threshold. to conserve and
                          DOC6qKINC FACILITIES                                          protect shoqmqlinc resources and subordinate/waive
                             (a) All docking facilities, whether for a single or      any further riparian rights or ingress and egress for
                          multi-slip residential or commercial, shall be              additional docking facilities;
                          suqbjea to the following standards and criteria:                 2. docking facilities and a P-4 channels shall be
                             1. no dock shall extend waterward or the mean            prohibited in Resource Protection Area I or 2.
                          or-orqdqinar-y high water line mom than 500 qfeci or 20        except    as    allowed     pursuant      to     qScction
                          percent or the width or the waterbody at that               q2q58.q42q(3q)q(cq) qL. Florida Statutes, while dredging in
                          particular location whichever is less;                      Resource Prixection Area 3 shall be strongly
                             2- ceqnain docks qmay fall within areas of special         disciouraged;
                          or unique importance. These areas may be or                     3. docking facilities shall only be approved in
                          significant biological, scientific, historic and/or         locations having adequate existing water depths in
                          aesthetic value and require special management              the boat mooring. turning basin, access channels,
                          considerations. Modifications may be mom                    and other such areas which will accommodate the
                          rcurictive than the ncinnally accepted criteria. Such       proposed boat use in order to insure that a minimum
                          nioqdifications shall be determined on a case-bqy-case        of one (not clearance is provided between the deepest
                          analysis. and may include, but "I not be limited to         draft of a vessel and tqh bottom at mean low water;
                          changes in location, configuration, length. width               4. main a -      docks and connecting or cross
                          and height;                                                 walks shall not exceed six (6) qfect in width;
                             3. the number, lengths. drafts and types of                  qS. terminal platforms shall not exceed eight (8)
                          vessels allowed to utilize the proposed facility may        feet in width;
                          also be stipulated; and                                         6. ringer piers shall not exceed three (3) feet in
                             q4. where local governments have more stringent           width, and 25 feet in length;
                          standards and criteria for docking facilities, the              7. pilings may be utilized as required to provide
                          more stringent standards for qthqe protection and             adequate mooring capabilities; and
                          enhancement of thqe aquatic preserve shall prevail.              6q8. the    following      provisions      of     Rule
                             28qW Private residential single docks shall                 16q8q-20.2q02qD432q52q)8q(d) shall also apply to private
                          conform qiqtq) thqe following specific design standards         residential mu2qiki-qs2qlip clocks.
                          and criteria:                                                   (d) Commercial, industrial and other revenue
                             1. an), main access dick shall be limited to a           4qLqzqencrqaqtin2qg/incqorrqit related docking facilities shall
                          maximum width of four (4) feet;                             conform to qthqe following qspqeci4qric design standards
                             2q2. the dock decking design and construction will         and criteria:
                          insure maximum light pqeneqtraqt4qiqo0qm with full                      1. docking facilities shall only be 4qIqtqicqaqtqed in or
                          consideration of safety and practicality;                   near areas with good circulation, flushing and
                                                                                      adequate water depths;

                                                                                          99
 







                                      qM20.006                          qVTTNAL IMPRqOVEqMqMrqTRqUST FUND                                   V. 9, p. 6922V

                                         2. docking facilities and act. channels shall be          Cockroach Say                  April q21, 19q97
                                      prohibited in Resource Protection Area qi ew 2.               qFqAtcro Bay                     September 6, 19q83
                                      except as allowed pursuant to Sections                       Chwqiottc Harbor
                                      2q58.428q0q)q(8q0q1., Florida Statutes; while dredging in              (Cape Haze,
                                      Resource Protection Area 3 shall be strongly                   Gasparilqla
                                      discouraged;                                                   Sound-Charqkitte
                                         3. the docking facilities shall not be located in           Harbor, Matlacha
                                      Resource Protection Area I or 2; however. main                 pan and Pine Island
                                      access docks may be allowed to pass through                    Sound)                       May 1q9, 1983
                                      Resource Protection Area I or 2. that are located            Indian qlp0qjvcr-Maqiaqbar
                                      along the shoreline. to reach an acceptable Resource           to Vcqm Beach                 January 21, 19q96
                                      Protection Area 3. provided that such crtissing will         Indian River Lagoon
                                      generate minimal environmental impact;                         q(2qVcro Beach to Fort
                                         4. beginning July 1, 19q9q6 new docking facilities            Piercc and J
                                      may obtain a lease only where the local governments            qBq"ch to Jupiter
                                      have an adopted marina plan and/or policies                    Inlet)                       January qZq2,q1985
                                      dealing with the siting tor commercial /industrial           Loxahatchec
                                      and private, residential. multi-slip docking facilities        6qRqiver-Lake Worth
                                      in their local government comprehensive plan;                  Creek                        June   12, 19q84
                                         qS. the siting of the docking facilities shall also        Nassau   River-SL
                                      take qinin- accuunt the access of the boat traffic to           Johns   River Marshes
                                      avoid marine qgrassqbeds or other aquatic resources in           and Fort Clinch
                                      the surrounding areas;                                         State Park                   April 2-1. 1986
                                         6. the siting oqf new facilities within the preserve       North Fork of the St.
                                      shall be secondary to the expansions of existing               Lucie River                  May q2q2, 19q84
                                      facilities within the preserve when such expansion           SL Joseph Bay                  June q2, q19q8q7
                                      is consistent with the other standards;                      SL Manins Maqmh                 September 9, 1967
                                         7. the location or new facilities and expansion or        Tcrra Ccia                     April 21, 19q87
                                      existing facilities shall consider the use of upland         Wckiva River                   August 25, 1987
                                      dry storage as an alternative to multiple wet-slip           Specific Audqwity 25q5-4q3q(qt) qFqS. Lft- q18114q0tinenteqd
                                      docking-,                                                    2q38.4q1, 2q58.4qZ 4qZ0qU.4q3(l). 258.44 qFqS. 4qKinorvq-4qSew
                                         q8. marina siting will be coordinated with local           2.2-r-eqi. Anicriqdi:q4 4q&70q4q5, Fqorqmerqti, 1q6qQqL20.01X,
                                      governments to insure consistency with all local             2qThin0qda7ed from )6Q-q20.q0q0W, Aqmeneed f-0q"q8.
                                      plans and ordinances;                                           18-20.0q05 Uses, qSaqIcs., I -acs or Transfer of
                                        9. marinas shall not be sited within state                qIntcreqm in Land,&, or Material%, Held by the
                                      designated manatee sanctuaries. and                          qBoarcqL
                                         10. in any areas with known manatee                       Specific Authtwity 238-43q(l) qn. Law JqmPkorwrited
                                      concentrations, manatee warning/notict and/or                258q10Z qZ5q3.12. q2q3q8-4q2 8qFqS. qhfiporq@_Nrw- q2-q2q5-81.
                                      speed limit signs shall be crected at the marina             qfqicpq-icd q&7.8q5. qFtwincrily 16Q-20.0q3. Tran0qderred liorn
                                      and/or ingress and cqgress channels, according to             166qQ-20-qWqS-
                                      Florida Marine Patrol specifications.                           q18-2q0.0q06 Cumulative Iqmpacqm. In evaluating
                                         (c) Exceptions to the qnandarqds and crite           .ria   applications for activities within the preserves or
                                      listed in Rule I qS-q20.q08qUq(qSq), Florida Administrative          which qmay impact the preserves, the department
                                      Code, may be considered. but only upon                       recognizes that. while a particular aqiterittqion of the
                                      demonstration by the applicant that such exceptions          preserve may oqwqmitute a minor change. the
                                      are necessary to insure reasonable riparian ingress          cumulative effect of numerous such changes often
                                      and egress.                                                  results in major impairments to the resources of the
                                         (6) MANA4qCEME2qN'T A4qG2qRE4qE2qME8qNTS                                preserve. 8qTherefort. the department shall evaluate
                                         4qThe board may enter into management                       a particular site for which the activity is0qproposed
                                      agreements      with     local    agencies     for    the    with the recognition that the activity may. in
                                      administration and enforcement of standards and              conjunction with other activities adversely affect qthqe
                                      criteria for private residential single docks.        and    preserve which is pan of a complete and interrelated
                                         (7) In addition w the policies, standards                 system. The impact of a proposed activity shall be
                                      criteria delineated in subsections (1) through        (6),
                                                                                                   considered in light of its cumulative impact an qthqe
                                      thqe provisions of the following management plans             preserve's natural system. The department shall
                                      apply to specific aquatic preserves and are                  include as a pan Wits evaluation of an activity:
                                      incorporated herein by 0qm6qfqerqeqncqeq. Where regulatory               0q(8q1) The number and extent or similar hu2qmqaq*n
                                      criteria in 18q-20, F. A. C., may differ with specific        actions within the preserve which have prqevious4qlq%
                                      policies in the management plans listed herein, the
                                                                                                   affected or are likely qto affect the preserve, whether
                                      general rule criteria shall prevail.                         considered by the q'dqiqepqarqtmqenqt under its current
                                                                     Date Adopted                  authority or which existed prior to or since the
                                      Alligator Harbor              September 23q,      1986        enactment of the Aqcqt; and
                                      Banana River                   September 17,     19 2q85          (2) The similar activities within the preserve


                                                                                             100
 






                                   V. 9, p. 692-2W                        FLORIDA AQUAMC RESRU                                                1920.012

                                   which are currently under consideration by h                aquatic p ee is, sqmm. subject to confirmation by
                                   department; and                                               the legislature.
                                      (3) Direct and indqerect effects upon the prese ve             (2) The board may, after public notice and
                                   and adjacent qpeacqm , if applicable, which may                 publichearing in the county oreqwrities in which the
                                   reasonably be expected to result from the activity;           proposed expanded or new preserve is to be located,
                                   and                                                           adopt a resolution formally setting aside such areas
                                      (4) The extent to which the activity is consistent         its be included in the system.
                                   with manaqtrement plans for the preserve. when                    (3) The resolution setting aside an aquatic
                                   developed; and                                                preserve area shall include:
                                      (q5) The extent to which the activity is                       (a) A legal description of the area in be included.
                                   permissible within the preserve in accordance with            A inap depicting the legal description shall also qbe
                                   comprehensive plans adopted by affected local                 attached.
                                   governments, pursuant to section 163.31q61, F.S.,                 (b) The designation of the type of aquatic
                                   and other applicable plans adopted by local, state.           psqmseqm.
                                   and federal governmental agencies;                               (c) A general statement of what is sqmghi to be
                                      (6) The extent to which the tots or beneficial             preserved.
                                   hqydritqioqgic and qb1foqitigir functions would adversely             (d) A statement that the area established as at
                                   impact the quality or utility of the preserve. and            preserve shall be subject in the management criteria
                                      (7) The extent to which mitigation measures                and directives of this chapter. -
                                   may compensate qItir adverse impacts.                             (e) A directive. to develop a natural restiurce
                                   Spq@-ifsr Ausittority qZSRqAIq(1q) qrqS. Low- Inipientented          inventory and a management plan for the arca being
                                   q239.36. 2q38.1q0. 2q58-44 qFS. qHisloryq-qNC.,                       established as an aquatic preserqm.
                                   qFornwri), 16Q-20.06. Transferred [tysin 16Q.q20.1qU.               (4) Within 30 days of the designation and
                                      18-20.007 Protectq;on of Riparian RqiqrhLL                    establishment of an aquatic preserve. the board
                                   Sfseri/qsc Authisrsty q2q58.4.3q(1q) qFqS. qLw JqMpJnq,,,f              shall qmoord in the public rectirqds of the county or
                                   238.1q2q3. 238-124(g). q236.-94 0qFqS. Hissary-Ne-w 2.q2q3-si.        counties in which the preserve is located a legal
                                   qArpeakiffi-7-q8q3. Farnsedy 16Q-q20.0q7. Tran0qderreqdqfroqm           description of the preserve.
                                   16Q.20.007.                                                   Specific Authority 2q58.4q3q(t) qFqS. Law implemented
                                                                                                 q2q58.41 FqS. History-New 2.2q3-91. qFormcriy 16Q-20-09.
                                      1q9-20.008 Inclusion of qLan0q4 'ritle to Which                Tqmasifqerred from 16Q.20.009.
                                   qIs Not Vested in the Board, in a Preservc.
                                      (q1) Lands and water bottoms which aqm within                   1q9-20.010 Exchange of Lands. The board in its
                                   designated aquatic preserve boundaries, or adjacent           discretion may exchange Lands for the bcnefit of the
                                   t hercto and which are owned by other governmental            Preserve, provided that:
                                   agencies, qmay be included in an aquatic preserve                 (q1) In no case shall an exchange rcsuqlt in any
                                   upon specific authorization for inclusion bqy an               land or water area being withdrawn from the
                                   appropriate instrument in writing executed by the             pmscrvc; and
                                   agency.                                                          (2) Exchanges shall be in the public interest and
                                      (2) Lands and water bottoms which are within               shall maintain or enhance the quality or utility of
                                   designated aquatic preserve boundaries or adjacent            the prcservc.
                                   theqmin.and which am in private ownership, maybe               Specific Austiorits, q2q38.q3q(1) 8qn. Law qimpskmented
                                   included in an aquatic preserve upon specific                 qZqS6.41q(q5q). q2q56.q42q(t) FqS. 0qHisioqm-0qNeer 2.2q3-91,
                                   authorization for inclusion by an appropriate                 qFqmvierqly 16A-q20.10, Tqriinsqlqerred q/q@q. i6Q.20.010.
                                   instrument in writing executed by the owner.                     18-20.011 Gifu of qLjLnq&L The board in its
                                      (3) The appropriate instrument shall be either a           discretion may acq=pt any gif is of Lands or interests
                                   dedication in perpetuity. or a least. Such lease shall        in lands within or contiguous to the preserve to
                                   ctintain the qfolqlinving conselititins:                        maintain or enhance the quality and utility of the
                                      (a) The term of the lease shall be qfor a minimum           Preserve.
                                   perqitqW or ten years.                                          qSqW4qdror Aushewitqy, q2q3q6.4q3q(t) 4qFqS. Law qIqmiWentented
                                      (b) The board shall have the power and distqy in            2q38-42q(5) 4qFqS. Hipnevq-qNew 2.2q3-81. Firsrnwriy
                                   enforce the pruvisitins of each lease agreement. and          16Q.20.1 1. Transferied Isiq. 16Q-210.01 1.
                                   shall additionally have the power to terminate any               18-20.012 Protection of Indigenous Life
                                   lease ir the termination is in the best interest of the       Forqn8quq. The taking or indigenous life forms 8qfqoqr sale
                                   aquatic preserve system. and shall have the power qiqtq)
                                                                                                 of commercial uqsqe is prohibited, except that this
                                   include such lands in any agreement for                       prohibition shall not extend to the commercial
                                   management of such lands.                                     taking of fin rash. crusqtqacqca or moliusksq. except as
                                      (c) The board shall pay no mom than 2qS I per Year           prohibited under applicable laws, rules or
                                   for any such lease.                                           regulations. Members of the public may exercise
                                   Specific- Authority 2.q58q.q43(qt) F0qS. Law qJq#nqr8qAq-qn4q"qirqd
                                   0q238.40. 20q38.41 04qn. Hqisqsqrqorqy4q-6qNqew 00qZ00qZqSq-q81. 4qFqtqeqrq"qwqHy               their rights in 8qrqeshq, so long as not contrary to other
                                   q1q6Q-4q20q0.0q8q. 00qTrqasqtqerrqed qfq,q,0q;q. qjq6Qq.4q2qOq.qCqKq1q8q.                      sqtqaqtu0qiqor8qy and regulatory provisions controlling such
                                                                                                 activities.
                                      18q-20.009 Establishment or Expansion of                    qSqfqwqriqfsc Auqiqhqoq6qr.qsql 0q238.q43q(qt) 6qF0qSq. Law qi4qmpqiqrmqeqnqiqeqd
                                   AqouaLiC Pqrqcqsqcqrq-qvqcqL.                                           23q8.43(qt) 6qFqS. Hqisqeqnqt-qv-8qSqeqwq- 2q-qZqI-q6q1q. 0qFqiqsrqnqsqrrqiq.y
                                      (1) The board may expand existing preserves or             q16Q-0q2q0q-q18qZ Transferred from q1q6Q-20.014q2q.
                                   establish additional 4q@mas to bqe included in the


                                                                                         0q101
 






                                    X 91qW)
                                    IS20.017                         qDrqTJtNAL HPROVY.ENT TRUST FUND                             V. 9, P. 6922X

                                       13-20.013 Developqatment           of       Resource        Ill-.20.017 L&kejackson Aquatic Preserve. In
                                    qInvqMtories and Manage be it Pqlang for                        addition to the provisions of Rules 14q&q2q0.00q1
                                    Preserves..                                                  through 1q9-20.016, tqhe following requirements
                                       (1) The board authorizes and dircqas the division         shall also apply to all proposed activities within the
                                    to develop a restitorce inventory and management             Lake Jackson Aquatic qP eseov Aqfanyprovqisqionsof
                                    plan for each preserve.                                      this Rule are in conflict with any provisions or Rules
                                       (2) The division qmay perform the wqmq* o                    12q&q20.001 through 1q9-20.016 or Chapter 73-534,
                                    develop the inventories and plans. or nqwv enter inte,        Laws of Florida. the sarconqger provision for the
                                    agreements with other persons to Perqf8q" The work.             protection or enhancement of the aquatic preserve
                                    In either can, all work Performed shall be subject to        shall prevail.
                                    board approval.                                               .(I) No further sale, transfer or lease of
                                    Spoqmirer Audoowity 238.4q3q(t) FqS. Low. qiqm0qoqfqfqlenrd             onvefriqgnty lands in the preserve shall be approved
                                    23q3.0q3(7q). q2q54q10q3q(8) qFqS 4qHiman-4qNe... 2.2.r.,qt,                or consummated by the Board. except upon a
                                    A-wrode P-q7-q8q5.Fqormeri)-i0qQ     2p. /qJ. Tran0qderred qfqmm      showing of extreme hardship on the pan of the
                                    16Q.20.01q3.                                                  applicant or when the board \shall determine such
                                       1q8-20.01q4 Enq10rCVnqMnL The rules shall qbe                  sale. transfer or lease to be in the public interest.
                                    enforced as priovided in qSqmion 258.46.                        (2) No further dredging or filling of sovereignty
                                    Speciqfqir Authimvi), 238.4q3(1) qFqS. Lp@ Iqmpirnenirgy           lands of the prewrve shall be apprcq!vcqd or tolerated
                                    q238.46 8qFqS.Hisrarwq-qNew,q2-2q3-81. qFroo-orri), 16Q-20. t4.      by the Board of Trustees cicept:
                                    4qTrAnsqferrqvY hvion 16Q.20.014.                                 (a) Such minimum dredging and speoi ling as may
                                       1q6-20.015 Application Form.                               be authorized qfor public navigation priqoqicqas or for
                                    qsxxvifo Authront. q2q5.43q(1q) qFqS. L.A.-                      qFo reservation of the lake according to the expressed
                                    2.58.4.1 4qFqS. 4qf4qf4qinforyq-0qNew 2.qzq3q4q1. kepcjqe f_7,1.5.            intent of Chapter 73-q5.4qU. Laws of Florida, and
                                    qFrororocriy 16Q-20. i5, Transferred Irroon i6Q.q2oaI3.         2qM Such other alteration caqr physical tvinditsions
                                                                                     Other       as may be nqmvqmry to enhance the quality tor utility
                                       4qM-20.016 Coordination             with                    of the preserve.
                                    Goveqminental Aqgqmcqiqm When a Department of                      (3) Them shall be no drilling or wells,
                                    Environmental Regulation permit is required for              excavation for shell or minerals, and no erection or
                                    activities on sovereignty lands the department will          structures (other than dncks), within the preserve.
                                    coordinate with the Department or Environmental              unless such activity is assoq6ated with activity
                                    Regulation to obtain a copy of theqjoint Department           authorized by Chapter 7.k-5q34, Laws of Florida.
                                    or Army/Fqlorida Department of Environmental                   (4) The Board shall not approve the reqlocsitqions
                                    Regulation permit application and the biological             or bulkhead lines within the preserve.
                                    survey. The information contained in the joint                (q5) Notwithstanding other provisions of this act,
                                    permit application and biological assessment shall           the board may, rtspqmlnqg lands lying within the
                                    be considered qbqy the department in preparing its             Laqkc Jackson basin:
                                    qnafqf recommendations to the board. The qkxsard may             (a) Enter into agqme. eqms for and establish lines
                                    also consider the reports or other governmental              dcqlqincating sovereignty and privaicqiv owned lands;
                                    aqgqmcies that have related management or
                                                                                                  (qb) Enter into agreements for the exchange and"
                                    permitting responsibilities regarding the proposed           exchange sovereignty lands for privately owned
                                    activity.                                                    lands;
                                    qSPecirse Audqwrqity 2q5q3..(3q(tq) 4qFqS. qLv. inpkwn,,d
                                    q2q3q8.43qFqS. Hisuavq-4qNe-wq2-q2q3.81. qFemqmqmly-                        (c) Accept gifts or land within or contiguous to
                                    Transqiqerred i0qmin 16Q.20.q016.                                 the preserve.
                                                                                                 qSqMcirsr Authority q25q8.39q(2q6) 4qFqS. Law qIqmpleqmqmieqd
                                                                                                 q2q3q9.q39q(q26). 2q38. -4q0 4qFqS. Hisooryq-4qNew qS. 7.8q3. Formerly
                                                                                                 164qQ-2q0.017. Transferred qIqmm 16Q.20.017.





















                                                                                            102
 




                                                                                                                                         Utricularia purpurea
                                                                                                                                                  Bladderwort



































                    ..........



























                                                                                                                                   LL R











     illustration provided by.
     IFAS, Center for Aquatic Plants
     University of Florida, GainesvWe, 1990                                       103




                                                                                                                          Vallisneiia amvicana
                                                                                                                                  Tapegrass





















































                                                                                                         LL



         iffwtrmion provided by.                                                104
         IFAS, Center for Aquatic Plants
         University of Florida, Gainesville, 1990






                                                                                                              Salvinia rotundifolia (minima)















                                                                                                                                 k


                                                                                                                      I
                                                       A    A                          I



                                                                                                                    k



                                                                                                                          4 4A


                                                                                                                    I

                                                                                                                      f


                                                                                                                 LL



























      illustration provided by.
      IFAS, Center for Aquatic Plants                                         105
      University of Florida, Gainesville, 1990





                                                                                                                            Pontederia cordata
                                                                                                                                    Pickerel,Ael
                                                                                                       @iji U@























                              V
















       illustration provided by.
       IFAS, Center for Aquatic Plants                                      106
       Universitv of Florida@ GainesvWe. 1990






                                                                                                                           Pistia stratiotes
                                                                                                                                   Water lettuce











                                                                                                          N
                                                                                       vz@










                                    surface hairs


















































                                                                                                  LL







    illustration provided by.                                                107
    IFAS, Center for Aquatic Plants
    University of Florida, Gainesville, 1990





                                                                                                                              Phragmites austrads
                                                                                                                                    common ree





















                                                        ?WAN
                                               A




                                                      A








                                                                                                0


































             illustration provided bY                                             108
             IFAs, Center for Aquatic Plants
             university of Florida, Gainesville, 1990                                          46





                                                                                                                       Panicum repens
                                                                                                                              Torpedograss


















                                                                        4                                               h






























       illustration provided by.                                           109
       IFAS, Center for Aquatic Plants
       University of Florida, Gainesville, 1990



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Nymphaea spp.
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                           Water lily





















                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      . . . . . . . . . . .





                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    W.












































                                                                                                                                                                                                                                                           illustration provided by.
                                                                                                                                                                                                                                                                  IFAS, Center for Aquatic Plants                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             110
                                                                                                                                                                                                                                                                  University of Florida. Gainesville, 1990




                                                                                                                   Nuphar spp.
                                                                                                                           Cow lily, Spatterdock










































                                                                                                                 OEM









       illustration provided by.
       IFAS, Center for Aquatic Plants
       UniversitY of Florida, Gainesville, 1990



                                                                                                                                               Nitella spp.
                                                                                                                                                          Stonewort













































                                                                                           04, 04P
                                                                                                 40
                                                                                                  0'a
                                                                                             00 d
                                                                                          43 000 40
                                                                                                 0300
                                                                                          0000
                                                                                             90
                                                                                                    0

                                                                                            00
                                                                                               0






















           illustration provided by.-                                                      112
            IFAS, Center for Aquatic Plants
            University of Florida, GainesviUc. 1990






                                                                                                                          Najas guadalupensis
                                                                                                                                  Southern naiad






























































        iffiLstration provided by.                                    113
        IFAS, Center for Aquatic Plants
        University of Florida, GainesviUe, 1990




                                                                                                                            Hydrilla vetticillata
                                                                                                                                     Hydrilla


































                                                                                                                         turion




                      tuber

                                                                                 underside of leaf

                                                                LL
                                                                                                                                     C














































         d1usawion provided by.                                            114
          IFAS, Center for Aquatic Plants
          University of Florida, Gainesville, 1990





                                                                                                                               Chara spp.
                                                                                                                                       Muskgrass










































                                                                                                   b


                                                                                                       LL












     illustration provided by.                                         115
     IFAS, Center for Aquatic Plants
     University of Florida, GainesviUe, 1990





                                                                                                                                CeratopA@'Ilutn de,
                                                                                                                                        coontail














































  I
  lifu4trm'On PrOvided by.-
   FAS, Center for @L@tj Planu
  universiry Of FlOrid (;c
                         linesville, 1990                      116







                                                                                                              T domingensis       T latifolia)
















































                                        0



     illustration provided by.-                                     117                                  Typha Cattail
     IFAS, Center for Aquatic Plants
     University of Florida, Gainesville, 1990











                                                                                                                                              f ,



                                                                                                                                                    3 6668 14104 0537