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

                                              LEMON BAY

                          AQUATIC PRESERVE MANAGEMENT PLAN

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                                      DEPARTMENT OF NffURAL RESOURCES

                                              LEMON BAY

                               AQUATIC PRESERVE MANAGEMENT PLAN

                                              ADOPTED

                                             APRIL 7, 1992

                                         VIRGINIA WETHERELL

                                           Executive Director

                                 Florida Department of Natural Resources

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

                                                 'M' o@f

               Funds for this project 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.

                                                 AM
                                                 7Y f\
                                                 Ibcy

                                   7his document was printed on recycled Paper.

                                               EXECUTIVE SUMMARY

                  The Lemon Bay Aquatic Preserve, located in Charlotte and Sarasota Counties,
                  consists of approximately 7,667 acres of pristine submerged lands surrounded by
                  a rapidly urbanizing basin.

                  Lemon Bay was designated an aquatic preserve by the Florida Legislature in July
                  1986. This area was established for the primary purpose of preserving the biological
                  resources of endangered fringing mangroves and mangrove islands with clam
                  beds, oyster bars, salt marsh. and. other habitats. The preserve is important in
                  protecting critical habitat for an extensive array of fish, birds and other wildlife.
                  Maintaining the continued health of the preserve will involve minimizing water
                  pollution, from both point and non-point sources and losses of wetlands resulting
                  from urban, residential and commercial development in the region.

                  The major objective of the Aquatic Preserve Program is to ensure the maintenance
                  and restoration of essentially natural conditions. Management will also be directed
                  to ensure public recreational opportunities which do not conflict with continued
                  propagation of fish, bird, and other wildlife resources.

                  The Lemon Bay Aquatic Preserve is a resource at the crossroads. The future of
                  the estuary depends upon the management decisions and actions taken in the
                  present and immediate future. Only a full on-site staffing of the preserve with a full
                  and complete implementation of aquatic preserve management rules and
                  procedures, and programs in coordination with other concerned and involved
                  agencies and entities, can assure that the Lemon Bay Aquatic Preserve will retain
                  or improve its biological values and functions. Meeting this objective will require a
                  fully implemented management program with the creation of a field staff presence
                  for this aquatic preserve which integrates with the resource management, resource
                  protection, education and research programs of the Southwest Florida Aquatic
                  Preserves.

                                       TABLE OF CONTENTS

              CHAPTERI      INTRODUCTION     ................................     1
                            A.   THE LEMON BAY AQUATIC PRESERVE       ........... 1
                            B.   THE AQUATIC PRESERVE PROGRAM       ............. 2
                            C.   THE MANAGEMENT PLAN PURPOSE AND PROCESS . 2
                            D.   THE MANAGEMENT PLAN AND THE AQUATIC
                                 PRESERVE RULES   ....... ...................     9
                            E.   THE CONTENTS OF THE MANAGEMENT PLAN         .....9

              CHAPTER 11    MANAGEMENT AUTHORITY        .......................   11
                            A.   INTRODUCTION    ...........................      11
                            B.   FLORIDA STATUTORY AUTHORITY      .............   11
                            C.   AGENCY ADMINISTRATIVE RULES GOVERNING
                                 AQUATIC PRESERVES     .......................    13
                            D.   ADDITIONAL APPLICABLE PLANS AND PROGRAMS         16

              CHAPTER III   DESCRIPTION OF LEMON BAY AQUATIC PRESERVE             19
                            A. INTRODUCTION      ...........................      19

                            PART 1: PHYSICAL RESOURCES     ...................    19
                            A.   LOCATION, DESCRIPTION AND BOUNDARIES       ..... 19
                            B.   PHYSICAL GEOGRAPHY      .....................    20
                            C.   CLIMATE   .................................      22
                            D.   GEOLOGY    ................................      23
                            E.   SURFACE TOPOGRAPHY      .....................    25
                            F.   SOILS ....... ...........................        25
                            G.   SUBMERGED SEDIMENTS      ....................    26
                            H.   SURFACE WATER HYDROLOGY       ................   27
                            1.   GROUNDWATER     ...........................      28
                            J.   WATER QUALITY   ...........................      29

                            PART II: BIOLOGICAL RESOURCES     .................   31
                            A. COMMON BIO     LOGICAL COMMUNITIES     ..........  31
                            B. DESIGNATED SPECIES       ......................    46

                            PART III: CULTURAL RESOURCES     ..................   50
                            A.   INTRODUCTION    ...........................      50
                            B.   ARCHEOLOGY    ..............................     50
                            C.   HISTORY   .................................      52
                            D.   EXISTING ADJACENT LAND USE     ...............   54
                            E.   EXISTING USES OF AQUATIC PRESERVE     .........  59
                            F.   FUTURE USES OF THE AQUATIC PRESERVE AND . - 62

               CHAPTER IV MANAGEMENT AREAS           .........................    67
                             A. INTRODUCTION      ...........................     67
                             B. MANAGEMENT AREA CLASSIFICATION        ..........  68
                             C. MINIMUM CRITERIA FOR ALLOWABLE USES        ...... 70
                             D. MANAGEMENT AREAS        ......................    75

               CHAPTER V     SITE SPECIFIC RESOURCE MANAGEMENT
                             ISSUESINEEDS     ...............................     89
                             A. MANAGEMENT ISSUES AND SPECIAL NEEDS         ..... 89
                             B. MANAGEMENT INITIATIVES      ..................   100

               CHAPTER A     MANAGEMENT ACTION PLAN       ...................    107
                             A.   MANAGING THE RESOURCES      ................   108
                             B.   PROTECTING THE RESOURCES       ..............  113
                             C.   CONDUCTING RESEARCH     ...................    116
                             D.   INFORMING AND EDUCATING THE PUBLIC AND ,
                                  POLICY MAKERS   ...........................    119

               CHAPTER VII   MANAGEMENT COORDINATION NETWORK            ........ 123
                             A. FEDERAL AGENCIES     .......................     123
                             B. STATE AGENCIES      .........................    124
                             C. REGIONAL AGENCIES      ......................    127
                             D. LOCAL AGENCIES      .........................    128
                             E. . CITIZEN SUPPORT GROUPS     .................   129

               CHAPTER VIII STAFFING AND FUNDING NEEDS        ................   135
                             A. INTRODUCTION      ..........................     135
                             B. STAFFING OPTIONS     .......................     135

               CHAPTERIX     RESOURCE AND ACTIVITY MONITORING PROGRAM .          141
                             A. RESOURCE MONITORING       ...................    141
                             B. ACTIVITY MONITORING      .....................   141

                             BIBLIOGRAPHY     ..............................     143

                                     LIST OF FIGURES AND TABLES

                FIGURE 1:      LEMON BAY AQUATIC PRESERVE        ..................     3,5

                FIGURE 2:      FLORIDA AQUATIC PRESERVES       ....................       7

                FIGURE 3:      VEGETATION AND OYSTER COMMUNITIES OF
                               LEMON BAY AQUATIC PRESERVE       ................     33,35

                FIGURE 4:      MANAGEMENT AREAS OF LEMON BAY
                               AQUATIC PRESERVE    ..........................        77,79

                TABLE 1:       DESIGNATED SPECIES OF LEMON BAY
                               AQUATIC PRESERVE     ............................        47

                TABLE 2:       MANAGEMENT COORDINATION NETWORK           .......    132,133

                TABLE 3:       COMPLETE STAFFING AND FUNDING NEEDS FOR
                               LEMON BAY AQUATIC PRESERVE        .................      139

                                      LIST OF APPENDICES

              APPENDIX A: ADMINISTRATIVE CODES       ......................    147
                            Chapter 18-20, F.A.C ............................  147

              APPENDIX B: APPLICABLE LOCAL GOVERNMENT PLANS
                            AND ORDINANCES     ...........................     157

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

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

                                                     CHAPTERI

                                                  INTRODUCTION

                 A. THE LEMON BAY AQUATIC PRESERVE

                 The Lemon Bay Aquatic Preserve is a unique, submerged ecosystem of mangrove,
                 seagrass; and oyster biological communities. It is located in southwest Florida in
                 Charlotte and Sarasota Counties. The bay is a long narrow estuarine system,
                 running from just south of Placida north almost to Venice. It is about 13 miles long
                 and averages 3/4 of a mile wide. The width varies from 1/8 mile to 1.2 miles in
                 places. Figure 1 is a map of the Lemon Bay Aquatic Preserve.

                 Lemon Bay is separated from the Gulf of Mexico by two barrier islands. Little
                 Gasparilla, Bocilla and Knight Islands make up the barrier island complex along the
                 southern third of the bay. - Manasota Key stretches along the northern two thirds
                 of the bay's length.

                 The Lemon Bay Aquatic Preserve includes the sovereignty (state owned),
                 submerged lands found at or below the mean high water line (the high tide line) of
                 Lemon Bay. It also includes the sovereignty, submerged lands of the lower
                 reaches of several creeks draining into the bay from the east. It does not include
                 lands above the mean high water line (MHWL) or submerged lands for which the
                 titles have been transferred to private ownership, or the Intracoastal Waterway. The
                 Intracoastal Waterway is exempt from aquatic preserve rules and regulations,
                 pursuant to Section 258.42, F.S.

                 In July 1986, the Florida Legislature designated the bay as the Lemon Bay Aquatic
                 Preserve because of the uniqueness and relative good health of it's natural
                 resources. The designation was accomplished largely through the support of a
                 concerned local citizenry.

                 The purpose of designating Lemon Bay as an aquatic preserve is to: preserve
                 marine and estuarine areas in an essentially natural or restored condition so that
                 the aesthetic, biologic and scientific values shall endure for the enjoyment of
                 present and future generations.

                 Waters of the preserve are also classified as Outstanding Florida Waters (OFWs)
                 by the Florida Department of Environmental Regulation (DER). Originally, the
                 Environmental Regulation Commission voted unanimously on Aprit 29, 1986 to
                 designate portions of the Lemon Bay Aquatic Preserve OFWs. Two years later, in
                 April 1988, the OFW designation was expanded to include all waters within the
                 aquatic preserve boundary.

                     The regulatory significance of the OFW designation is that it limits the types of
                     discharges DER is allowed to issue permits for to these waters. For example,
                     permits cannot be issued for either direct or indirect discharges which would
                     degrade the water quality. As an example, because new dredging and filling
                     activities significantly degrade water quality, permits for these activities must be
                     shown to be clearly in the public interest before they can be approved by DER.

                     B. THE AQUATIC PRESERVE PROGRAM

                     The Lemon Bay Aquatic Preserve is one of 42 officially designated preserves
                     located around Florida as part of the statewide aquatic preserve system. Figure
                     2 shows the locations of the aquatic preserves.

                     The program was created in 1975 by the state legislature under the Florida Aquatic
                     Preserves Act. The intent of the act is to set aside forever state-owned submerged
                     lands with exceptional biological, aesthetic and scientific values as aquatic
                     preserves or sanctuaries for the benefit of future generations.

                     C. THE MANAGEMENT PLAN PURPOSE AND PROCESS

                     The management plan that follows is a guide for managing Lemon Bay Aquatic
                     Preserve and protecting it's natural resources. It is intended to be used by the
                     preserve managers and other agency and private groups involved with maintaining
                     the natural integrity of the preserve.

                     The plan includes scientific information about the existing conditions in the preserve
                     along with the management strategies developed from the data. As more
                     information is obtained about the preserve over time, the management strategies
                     will be revised and improved.

                     The process for developing this management plan started with collecting an
                     inventory of resource information from both field surveys and from previously
                     collected, reliable data. Other agencies and groups involved with resource
                     management and planning in the area were called on to help identify resource
                     problems and management issues affecting the present and future uses of the
                     preserve and its adjacent areas.      Then the policies included in this plan were
                     developed to ensure that the submerged land resources of Lemon Bay remain for
                     future generations to enjoy. The policies are consistent with statutory authority and
                     the statutory intent of the Aquatic Preserve Program.

                                                               2

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        FIGURE 1. Lemon Bay Aquatic Preserve

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                                                                                                  -CHARLOTTE COUNTY

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       FIGURE 1. Lemon Bay Aquatic Preserve

                                       Preserve
                                       Boundary

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

                 FOR MORE INFORMATION REGARDING
                   AQUATIC PRESERVES CONTACT:

              DEPARTMENT OF NATURAL RESOURCES

              DIVISION OF STATE LANDS

                 BUREAU OF AQUATIC PRESERVES                                                                                              mv

                    3900 COMMONWEALTH 8LVD                                                                                     I@Coupft
                   TALLANASSIEE,FLORIDA 32303
                       COU"MM CAROL &RIM
                             199R

              FIGURE 2. Florida Aquatic Preserves

                                                                                 7

                  Q. THE MANAGEMENT PLAN AND THE AQUATIC PRESERVE RULES

                  The rules and guidelines for the Aquatic Preserve Program are contained in the
                  Florida Aquatic Preserve Act (Sections 258.35 - 258.46, Florida Statutes) and the
                  Florida Aquatic Preserves Rules (Chapter 18-20, Florida Administrative code). Once
                  approved by the Board of Trustees of the Internal Improvement Trust Fund, the
                  aquatic preserve management plans become incorporated into Chapter 18-20,
                  F.A.C. (Appendix A).

                  To date, fourteen management plans, embracing 21 of the 42 designated aquatic
                  preserves in the state, have been adopted by reference into Chapter 18-20, F.A.C.
                  This management plan will also be incorporated into rule following its approval by
                  the Board of Trustees. . As such, the special criteria in this plan pertaining to use
                  of submerged lands will carry the same authority as rule criteria.

                  Preserving the threatened resources of the Lemon Bay Aquatic Preserve requires
                  the maximum protection available under the state statutes and administrative rules.
                  The administrative code allows for extra protection of resources in less developed,
                  more pristine aquatic preserves, such as Lemon Bay. Section 18-20.004 (2)(a)2,
                  F.A.C. states that proposed projects in less developed aquatic preserves shall be
                  subject to a higher standard than projects in the more developed urban aquatic
                  preserves.

                  Stringent resource protection practices in the Lemon Bay Aquatic Preserve will not
                  just benefit the bay itself. They will also enhance adjacent water and land areas of
                  Charlotte County and Sarasota County including the Gasparilla Sound-Charlotte
                  Harbor Aquatic Preserve, the Cape Haze Aquatic Preserve, Don Pedro State
                  Recreation Area, and the Port Charlotte State Recreation Area.

                  E. THE CONTENTS OF THE MANAGEMENT PLAN

                  The management plan is divided into the following chapters:

                  Chapter 11 explains the statutory authorities that are the basis for this resource
                  management program and plan.

                  Chapter III describes the Lemon Bay Aquatic Preserve and it's biological, physical
                  and historical resources. It also includes information about the current and future
                  uses of preserve itself and the adjacent lands.

                  Chapter IV defines and delineates the different management areas within the
                  preserve. The management areas are based on the biological resources, the
                  physical parameters and the aesthetic values of a given area, plus the adjacent land
                  uses. The allowable uses for each management area are also given, as well as the
                  minimum (design) criteria for each allowable use.

                                                           9

                     Chapter V lists the specific resource protection and management needs for the
                     Lemon Bay Aquatic Preserve and the management initiatives developed to address
                     each need.

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

                     Chapter VII identifies local, regional, state, and federal agencies involved with the
                     preserve, along with their authorities and programs, and how they work together
                     to   protect and manage the preserve.          It also identifies non-g overn mental
                     organizations, interest groups, and individuals that can assist with preserve
                     management..

                     Chapter VIII projects the future staffing and funding levels needed to effectively
                     manage and protect the preserve and to conduct supporting research and
                     environmental education activities.

                     Chapter IX outlines the program to monitor resource changes.              It includes
                     mechanisms to record and report resource changes, as well as to track resource
                     management progress and accomplishments.

                     The unique resources of Lemon Bay inspired its designation as an aquatic
                     preserve. This management plan is designed to guide the wise management of the
                     resources within the preserve. In the next chapter, the statutes and authorities
                     guiding that wise management are explained.

                                                              10

                                                     CHAPTER 11

                                            MANAGEMENT AUTHORITY

                 A. INTRODUCTION

                 The laws and rules guiding the Aquatic Preserve Program are found in several
                 places. The primary relevant regulations include: state laws within the Florida
                 Statutes, agency rules within the Florida Administrative Code and Comprehensive
                 Plans prepared by state and local (county) governments. A description of each of
                 these legal components and how they apply to the Aquatic Preserve Program
                 follows.

                 B. FLORIDA STATUTORY AUTHORITY

                 1. THE BASIC LAWS

                 The fundamental state laws providing management authority for the Lemon Bay
                 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 (state
                 owned) submerged lands, including aquatic preserves.

                 In particular, Sections 258.35 - 258.46, F.S., enacted in 1975 by the Florida
                 Legislature represent the Florida Aquatic Preserves 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.

                 2. THE INTENT OF THE AQUATIC PRESERVE ACT

                 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 benefit of future generations." This statement, along with
                 the other applicable laws, clearly specifies the intended direction of management
                 for the aquatic preserves.

                                                           11

                      3. MANAGEMENT OF THE AQUATIC PRESERVES

                      To meet the legislative intent, the management of the aquatic preserves emphasizes
                      maintenance of essentially natural conditions. The areas of the preserves to be
                      managed include only the sovereign submerged lands and lands leased by the
                      state with specific authorization to be included as part of an aquatic preserve. The
                      aquatic preserve regulations do not cover management of lands above the mean
                      high water line or submerged lands for which the titles have been transferred to
                      private ownership, or the Intracoastal Waterway.

                      Management responsibilities for aquatic preserves may be fulfilled directly by the
                      Trustees or delegated to agency staff. The primary responsibilities for managing
                      the Aquatic Preserve Program are delegated to the Department of Natural
                      Resources, Division of State Lands. Division staff serve as the preserve managers
                      who implement the provisions of the management plans and rules applicable to the
                      aquatic preserves. In addition, other governmental bodies may also participate in
                      the management of the preserves under appropriate authority delegated to them
                      by the Trustees.

                      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.

                      Aquatic preserve field staff evaluate proposed uses or activities in the preserve, and
                      assess the impacts on the natural resources.          Project reviews are primarily
                      evaluated in accordance with the criteria in Sections 258.35-46, F.S. (Florida Aquatic
                      Preserve Act) and 18-20, Florida Administrative Code (F.A.C.), (Rules of Florida
                      Aquatic Preserves), and in accordance with the policies set forth in this plan.

                      The comments made by field staff on proposed uses are submitted to the Division
                      of State Lands Regional Planner to be considered in the recommendations made
                      to the Board of Trustees. This mechanism provides the Trustees with accurate
                      information to be used to evaluate the public interest and merits of proposed
                      projects relating to the potential environmental impacts of the projects on the
                      aquatic preserves.

                      4. HISTORY OF THE AQUATIC PRESERVE LEGISLATION

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

                                                               12

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           Indx: 0           Mod rec:               Govt pub:  s           Cont:
           Desc: a           Int LvL:               Festschr:  0           ILLus:  b
                             F/B:       0           Dat tp:    s           Dates:  1992,      %
        $     1 040       FSP Ic FSP %
        S     2 092       352.94232 12 20 %
        $     3 090       lb %
        $     4 049       NOW %
        $     5 245   00  Lemon Bay aquatic    preserve management plan : lb adopted April 7,
        1992 /  Ic prepared by the Bureau      of Submerged Lands and Preserves, Division of
        State Lands ; Virginia WethereLL, executive director, Department of Natural
        Resources. %
        $     6 260       [TaLLahassee, Fla.] : lb The Bureau, Ic 1992. %
        $     7 300       160 p. : lb maps ; Ic 28 cm. %
        $     8 504       Bibliography: p. 145-147. %
        $     9 650   0   Marine parks and reserves Iz Florida Iz Sarasota County Ix
        Management.   %
        $ 10 650      0   Marine parks and reserves Iz Florida Iz Charlotte County Ix
        Management.   %
        $   11  650   0   Aquatic ecology Iz Florida Iz Sarasota County. %
        $   12  650   0   Aquatic ecology Iz Florida Iz Charlotte County. %
        $   13  651   0   Lemon Bay (FLa.) %
        $   14  700   1   Wetherell, Virginia. %
        $   15  710   1   Florida. lb Dept. of Natural Resources. %
        $   16  710   1   Florida. lb Bureau of Submerged Lands and Preserves. lb Division
        of  State Lands. %

                 In 1967, four major actions related to the protection of state-owned submerged
                 lands occurred. First, 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. Second,
                 the legislature provided the statutory authority (Section 253.03, F.S.) for the Board
                 of Trustees to exercise proprietary control over state-owned lands. Third, the
                 Board of Trustee's established a moratorium on the sale of submerged lands to
                 private interests, because of the legislature's focus on protecting Florida's
                 productive waterbodies from development.             Last, an interagency advisory
                 committee on submerged lands was created to develop strategies to protect and
                 manage state-owned submerged lands.

                 In 1968, the Florida Constitution was revised, declaring in Article 11, Section 7, the
                 state's policy of conserving and protecting the natural resources and scenic beauty.
                 That constitutional provision also established the authority for the legislature to
                 enact measures for the abatement of air and water pollution.

                 Also in 1968, the committee 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 Interagency Advisory Committee and adopted, by resolution, eighteen water
                 bodies as aquatic preserves. Other preserves were individually adopted at various
                 times through 1989, including Lemon Bay in 1986. In 1975, the standards and
                 criteria for managing the preserves were established with the Aquatic Preserve Act.

                 C. AGENCY 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.

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

                 Chapter 18-20, F.A.C., (Appendix A) 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.

                                                            13

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

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

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

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

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

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

                                    (e)    to encourage the protection, enhancement, or restoration of
                                           the biological, aesthetic, or scientific values of 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, mudflats, estuarine, aquatic and marine
                                           reptiles, game and non-game fish species, estuarine aquatic,

                                                               14

                                        and marine invertebrates, estuarine, aquatic, and marine
                                        mammals, birds, shellfish and mollusks;

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

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

                  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. These rules are supplemental to Chapter 18-20, F.A.C. in the regulation of
                  activities in aquatic preserves. 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;

                          (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."

                                                              15

                     D. ADDITIONAL APPLICABLE PLANS AND PROGRAMS

                     1. STATE COMPREHENSIVE PLAN

                     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 pol-icies set forth in this aquatic preserve management
                     plan are designed to be consistent with the goals and policies of the State
                     Comprehensive Plan pertaining to the water resources, coastal and marine
                     resources and natural- systems.

                     2. STATE LANDS MANAGEMENT PLAN

                     The State Lands Management Plan, adopted on March 17,1981, and amended 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, seagrass beds, archaeological and
                     historical resources, and endangered species.

                     These policies provide some of the fundamental direction for formulating the
                     management plans and policies of the Aquatic Preserves Program.

                     3. LOCAL GOVERNMENT COMPREHENSIVE PLANS

                     Counties are required to develop Local Government Comprehensive Plans (LGCP).
                     In the Lemon Bay Aquatic Preserve, Sarasota and Charlotte Counties are required
                     to adopt the plans. The state law guiding the comprehensive plans is the Local
                     Government Comprehensive Planning Act of 1975 (Section 163.3161, F.S.), (as
                     amended by Chapter 85-55, Laws of Florida, to the Local Government
                     Comprehensive Planning and Land Development Regulation Act).

                     The Local Government Comprehensive Plans must include elements relating to
                     different governmental functions (e.g., housing, physical facilities, conservation, land
                     use, coastal zone protection, etc.). The plans are intended to guide the future
                     development of each respective county.

                     Cities and counties must also adopt land development regulations that conform to
                     the criteria, policies, and practices of their comprehensive plans. The plans and
                     regulations must be updated periodically as required by recent statutory
                     amendments.

                                                                16

                  Both Charlotte and Sarasota Counties drafted Local Government Comprehensive
                  Plans which were reviewed by the Florida Department of Community Affairs (DCA).
                  The Sarasota County Comprehensive Plan was formally approved by the county
                  and DCA in March 1989. However, since that time, the plan was sent to
                  administrative hearing and the Governor and Cabinet for modifications primarily to
                  procedural language. The county adopted amendments to the plan that are
                  consistent with the final Governor's recommendations which are scheduled for
                  review and subsequent approval by the Governor and Cabinet in mid-1992.
                  Charlotte County's plan was adopted as of January 1990.

                  The intent of the Aquatic Preserve Program is to guide county governments during
                  their planning processes, towards developing local planning criteria and standards
                  that will be- consistent with the objectives of the program.

                  Staff of the Southwest Florida Aquatic Preserve office work with the planning
                  departments of Sarasota and Charlotte Counties to develop plans and ordinances
                  which include land use policies and conservation elements that preserve the
                  resources of the Lemon Bay Aquatic Preserve. Both counties have approved
                  County Comprehensive Plans. Policy statements and relevant comprehensive plan
                  sections which are adopted by counties and are consistent with the Aquatic
                  Preserve Program will be incorporated by reference into this management plan
                  (See Appendix B). As future modifications are made to the county comprehensive
                  plans, they will be incorporated into the Lemon Bay Aquatic Preserve management
                  plan through periodic updates and approved by the Board of Trustees, providing
                  the modifications are consistent with the intent and provisions of this management
                  plan, state statutes, and Florida administrative code.

                  4. COASTAL CONSTRUCTION CONTROL LINE

                  The Coastal Construction Control line was established pursuant to Section 161.053
                  F.S. It is located around the northern end of Gasparilla Island. Areas seaward of
                  the line are subject to excavation and coastal construction regulatory control,
                  including vegetation protection. Submerged areas are subject to the provisions of
                  Section 161.041 F.S., and inlets are subject to the provisions of Section 161.161
                  F.S. Under 161.161 F.S., management plans are developed for identified inlets.
                  In Lemon Bay, inlet management plans are scheduled to be initiated for Stump
                  Pass in FY 91-92 and for Gasparilla Pass in FY 93-94. The development of the inlet
                  management plans will be coordinated between the DNR Office of Beach Erosion
                  Control and the Southwest Florida Aquatic Preserve Office.

                  A variety of regulations have been established by the legislature and the local
                  governments relating to the protection and management of the Lemon Bay Aquatic
                  Preserve. The intent is to maintain the essentially natural conditions of the

                                                          17

                    preserve. A description of the submerged resources of the preserve, along with the
                    uses of the preserve and adjacent land areas follows in Chapter 111.

                    5. OTHER MANAGEMENT PLANS

                    As previously mentioned, the Lemon Bay Aquatic Preserve management plan is
                    to serve as a guide for the management and protection of its aquatic resources.
                    It should be used by resource managers from DNR, as well as local governments
                    and other groups who are involved, in more site specific or issue related
                    management plans for the area.         Examples of other plans currently being
                    developed for the Lemon Bay area are: the Stump Pass Management Plan, the
                    Marine Land and Water Use Siting Study, and the Boat Traffic Survey. These and
                   -other management plans should be consistent with- the intent and provisions of the
                    Lemon Bay Aquatic Preserve management plan.

                                                            18

                                                     CHAPTER III

                                             RESOURCE DESCRIPTION

                 A. INTRODUCTION

                 The geology, climate and hydrology of Lemon Bay have combined to create a
                 unique environment suitable for sustaining an exceptional variety of submerged
                 biological communities. These unique natural resources also play an important role
                 in the development of the local cultural resources.

                 Developing a strategy to effectively manage the preserve requires thorough
                 knowledge of these resources. To form productive goals for the preserve, an
                 understanding of the type, nature and functions of both the natural and the cultural
                 resources of the preserve is critical.         As background information to the
                 management decisions included later in this plan, an overview of the aquatic
                 preserve's environment is presented in this chapter.

                 The resource information is presented in three parts: the physical resources,
                 biological resources and cultural resources of the preserve. The physical resources
                 section describes the preserve's location, physical geography, climate, geology,
                 topography, soils, submerged sediments, surface water hydrology, groundwater
                 and water quality. The section on biological resources describes the biological
                 communities and designated species. Part III, cultural resources, includes a
                 description of the archeological resources, regional land use, local land use and
                 uses of the waters of the preserve, along with the associated impacts.

                 PART 1: PHYSICAL RESOURCES

                 A. LOCATION, DESCRIPTION AND BOUNDARIES

                 The Lemon Bay Aquatic Preserve is located in southwest Florida, in western
                 Charlotte and Sarasota Counties. As shown in Figure 1 on page 3, Lemon Bay is
                 a long, narrow, shallow estuarine system paralleling the Gulf of Mexico. It extends
                 13 linear miles from Alligator Creek in the north to the Gasparilla Pass in the south.
                 The bay averages 3/4 mile wide and varies from 1/8 to 1.2 miles wide in places.
                 The area of the submerged lands of the preserve is 11.98 square miles.

                 Lemon Bay is separated from the Gulf of Mexico by two barrier islands. Little
                 Gasparilla, Bocilla and Knight Island make up the barrier island complex along the
                 southern third of the bay. Manasota Key stretches along the northern two thirds
                 of the bay's length.

                                                            19

                    Two passes occur between the bay and the Gulf of Mexico. Gasparilla Pass is
                    located at the mouth of the bay. Stump Pass is located one third of the way up the
                    bay, between Manasota Key and Knight Island.

                    Along the eastern shore of the preserve, seven freshwater, tidal creeks drain into
                    Lemon Bay. From the north to the south, these creeks include: Alligator, Forked,
                    Godfrey, Ainger, Oyster, Buck and Lemon Creeks.

                    The boundaries of the Lemon Bay Aquatic Preserve include all submerged bottoms
                    and lands waterward of the mean high water line (MHWL) to which the state holds
                    title. This includes tidal lands, islands, sandbars and shallow banks below the
                    MHWL. It also includes all natural waterways tidally connected to the preserve,
                    such as the lower reaches of the tributary creeks, upstream to SR 776/SR 775.
                    The preserve does not include submerged lands for which titles have been
                    transferred to private ownership or artificial waterways, such as canals, which are
                    connected to the bay, or the Intracoastal Waterway. Significant outparcels are held
                    in private ownership in the more developed extents of Lemon Bay. In addition, a
                    very large number of miles of man-made canals (greater than 48 miles) drain from
                    the uplands into Lemon Bay and tributaries. Even though the canals are outside
                    the preserve boundaries, their discharges have significant impacts on preserve
                    resources.

                    B. PHYSICAL GEOGRAPHY

                    Physical geography combines the physical features of the area, such as geology
                    and topography, along with the cultural and biological communities. This section
                    includes a general.. summary of the physical geography of the bay as an
                    introduction to the more detailed sections on the physical, biological and cultural
                    resources that follow.

                    The physical geography of the Lemon Bay area was largely developed during the
                    past one million years of geologic history. Local surface and subsurface geology,
                    the chronology of Pleistocene glaciations and weathering have produced the shape
                    and appearance of the bay. These geologic processes formed the topography,
                    drainage, soils, and other physical features which make up the coastal lagoons and
                    barrier islands.

                    Lemon Bay Aquatic Preserve is composed of marine and estuarine waters, inlets,
                    bays, tidal creeks, mudflats, sand bars, beaches and salt flats. It is recognized as
                    a pristine area which supports a diverse flora and fauna, but is threatened by
                    increasing development.      The preserve includes a variety of submerged and
                    intertidal habitats, such as seagrass beds; mangrove islands, fringes and forests;
                    oyster bars; soft bottom communities; brackish marshes and algae flats. Of these,
                    the extensive seagrass beds and mangrove areas are the most notable. Turtle,

                                                             20

                  Manatee and shoal grass beds are common throughout the shallow, submerged
                  areas of Lemon Bay. Red mangroves are common along the barrier islands and
                  the mainland shorelines. Landward of the red mangrove fringes are forests of black
                  and white mangroves.

                  The surface area of the bay at mean high water is approximately 7,667 acres, with
                  a volume of 36,410 acre feet. The average depth is approximately 6 feet at mean
                  high water (MHW). However, in the past, prior to the time when dredging activities
                  were common, the average water depth of the bay was only 4 feet at MHW.

                  The preserve consists of two discrete bays: Lemon Bay proper and Placida Harbor.
                  The Lemon Bay proper lagoon comprises the northern two-thirds of the bay, from
                  Alligator Creek in the north to Buck Creek in the south. Placida Harbor makes up
                  the lower 1/6 of the bay, stretching along the length of Little Gasparilla Island to
                  Gasparilla Pass. The two bays are separated by a narrow constriction in the bay
                  near Bocilla Island.

                  Tidal exchange of water between the waters of the preserve and the Gulf of Mexico
                  occurs at two passes, Gasparilla Pass in Placida Harbor and Stump Pass in Lemon
                  Bay. The next nearest passes to the Gulf are Venice Inlet, eight miles to the north
                  and Boca Grande Pass, seven miles to the south.

                  The seven creeks draining to the eastern shore of Lemon Bay contribute small
                  quantities of fresh water to the bay, relative to it's saltwater volume. The amount
                  of freshwater from the creeks increases after times of heavy rainfall. The lower
                  reaches of the creeks are inundated with saltwater during high tides. At the mouth
                  of preserve, Placida Harbor receives some freshwater from Coral Creek and
                  saltwater via Gasparilla Pass and Gasparilla Sound.

                  Because of the tidal creeks and the few number of    passes, the salinity of the bay
                  waters varies from north to south and depending on the amount of rainfall. Past
                  samples showed salinity values in the north end of the bay near Forked Creek to
                  be 16 parts per thousand (ppt) and in the south, near Stump and Gasparilla
                  Passes, to be 36 ppt. For comparison, average salinities for the open ocean are
                  35 ppt and for freshwater, salinities are generally less than 1 ppt.

                  The communities adjacent to the bay include: Placida, Cape Haze, Grove City, New
                  Point Comfort, Englewood Beach, Englewood, Manasota, South Venice and
                  Manasota Beach, along with unincorporated residential areas. Within easy driving
                  and boating distance of the preserve are the communities of Venice, Northport, El
                  Jobean, Port Charlotte, Punta Gorda, Pine Island and the Fort Myers area.

                  Lemon Bay is accessible both by road and by water. The major highways into the
                  area are Interstate 75 and US 41 from the north and south, and SR 776 from the
                  north and east.

                                                           21

                     By water, access is via Intracoastal Waterway from the south from Charlotte
                     Harbor, via the Venice Channel from the north and through the tributary creeks in
                     the east. From the Gulf of Mexico access to the bay is through Stump Pass and
                     Gasparilla Pass. To facilitate boat access, there are 11 marinas and five public boat
                     ramps. The marinas are located at Englewood, Placida, Grove City, Punta Gorda
                     Beach, Manasota and South Venice. Public boat ramps are located at the north
                     Manasota Key Bridge, at Indian, Mound Park in Englewood, at the El Jobean Park
                     on SR 776 and in Placida.

                     The preserve's adjacent shorelines are predominantly in private ownership, with
                     prevalent finger canals and other waterfront development on the barrier islands and
                     the mainland communities.

                     Only 11.5 percent of the total land and water area in Charlotte. and Sarasota
                     Counties has been set aside as public or private preserves dedicated to the
                     conservation of natural resources. Other protected areas near the aquatic preserve
                     include the Gasparilla Sound-Charlotte Harbor Aquatic Preserve, the Cape Haze
                     Aquatic Preserve, the Charlotte Harbor State Reserve, the Don Pedro State
                     Recreation Area and the Port Charlotte State Recreation Area.

                     Increasing urbanization, with its accompanying water quality and habitat impacts,
                     is, and will continue to be, the most significant environmental threat to the Lemon
                     Bay Aquatic Preserve. Northwestern Charlotte County and southwestern Sarasota
                     County are currently expanding and rapid development is occurring on the barrier
                     islands of the bay. As development on these islands continues, the western bay
                     will especially be subject to impacts due to increases in sewage and stormwater
                     runoff. These sources will contribute to subsequent increases in the amounts of
                     bacterial and chemical pollutants reaching the bay.

                     C. CLIMATE

                     Located in southwest Florida, Lemon Bay has a subtropical climate with warm
                     temperatures and a summer rainy season. The climate allows for the great diversity
                     of biological communities in the area.

                     The average temperature in the winter is 68 degrees Fahrenheit (F) and in the
                     summer, 81 degrees F. The average daily winter minimum temperature is 58
                     degrees F and the average daily summer maximum is 90 degrees F. The lowest
                     recorded temperature was 25 degrees F in December 1962 and the highest was 103
                     degrees F in July 1942. (USDA 1984).

                     The total annual precipitation is 51 inches, 60% (31 inches) of which occurs in the
                     summer, from April to September. Dry summers occur in two out of ten years,
                     during which less than 12 inches of rain falls from April to September. Rainfalls can

                                                              22

                 be heavy, especially during summer afternoon rainstorms. The heaviest recorded
                 1 day rainfall was 9 inches in September 1962. Thunderstorms occur on about 80
                 days each year, mostly in late afternoon (SFWMD, 1980).

                 Southwest Florida is situated in a seasonal tropical weather belt that produces or
                 channels hurricanes toward the coast. Few devastating hurricanes have reached
                 land in this area. Although a major storm can strike at any time, projections based
                 on storm-track averaging suggest that the probability of a storm occurring in any
                 given year is 50%, and for two storms in one year, the probability is 15%. There
                 is only a small (1% to 5%) probability that anyof these storms will be hurricanes
                 (Gentry 1984).

                 Q. GEOLOG

                 The subsurface geology determines the underlying character of Lemon Bay. It
                 influences the land elevations and surface water drainage patterns, the soil types
                 and depths, and the groundwater movement, all of which influence the types of the
                 biological communities present.

                 In general, the subsurface geology of Lemon Bay consists of 13,000 feet of
                 sedimentary formations laid down by marine and fresh waters over a basement of
                 Jurassic volcanic rock (Barnett, 1975). The Pleistocene glacial periods played an
                 important role in forming the near-surface sediment layers and shaping the
                 topography.

                 Lemon Bay lies on the Florida Platform, the South Florida Basin and within the Gulf
                 Coastal Lowlands physiographic area. The Florida Platform underlies the peninsula
                 of Florida from Georgia to the Keys, extending to the continental shelf in the east
                 and west. It is a broad, flat, stable platform with little geologic movement. The
                 South Florida Basin is a stratigraphic basin which includes south Florida and the
                 area off the southwest Florida coast. It is about 150 million years (m.y.) old and
                 lacks major geologic structural activity. The Gulf Coastal Lowlands physiographic
                 area parallels and borders the western coastal areas of the state. It is generally
                 bounded on the east by uplands and intermittently along the Gulf of Mexico by
                 coastal lagoons and barrier chains (Hoffmeister, 1974). The basement volcanic
                 rocks underlying the sediments of the Lemon Bay area are primarily basalts,
                 generally formed more than 190 m.y. old, during the Triassic and Jurassic Periods
                 of the Mesozoic Era (Arthur, 1988).

                 Directly above the basement rocks are Upper Jurassic and Upper Cretaceous
                 sedimentary deposits. These sedimentary rocks were generally deposited between
                 165 and 65 m.y. ago and comprise the lower 3/4 of the layers underlying this
                 region. The rocks are comprised of carbonates (limestones and dolostones), with
                 thin beds of anhydrites and gypsum, and were deposited in shallow water. During

                                                         23

                    the Tertiary Period of the Cenozoic Era, which extended from 65 to 1.6 m.y. ago,
                    an additional 4,000 feet of limestone and dolostone were deposited (Miller, 1986).
                    Carbonates of Eocene and Oligocene comprise most of the Floridian aquifer
                    system in this region.

                    During the Miocene Epoch in the late Tertiary Period, clastic sediments and
                    phosphorites were also being deposited along with the carbonates. As time
                    progressed, clays became more dominant in the deposits (Scott, 1988). These clay
                    rich strata and inter bedded carbonates make up the intermediate aquifer and
                    confinging units. During the Pliocene, the carbonates and shells of the Tamiami
                    Formation were deposited (Florida Geologic Survey files). Surficial aquifer system
                    sediments include portions of the Tamiami Formation and overlaying Pleistocene
                    units.

                    The Pleistocene Fort Thompson(?) and Caloosahatchee Formations comprise the
                    near surface sediments of the Lemon Bay area. The sediments are composed of
                    varying amounts of sand and shell, with some carbonates. In south and southwest
                    Florida, the deposits range in thickness from 0 to 30 feet deep and are locally
                    exposed in areas. These formations generally comprise the surficial aquifer system
                    in this region.

                    During the Pleistocene Epoch, most of the physiography affecting the Lemon Bay
                    area occurred as a result of sea level fluctuations which were due to glacial
                    advances and retreats.      The Pleistocene Epoch included at least 5 glacial
                    advances, which lowered sea levels, and 4 interglacial warmer periods with higher
                    sea levels. The sea level changes during the last glacial advance, the Wisconsin
                    Age, most significantly affected the formation of the surface geology of the area.
                    During high water levels, marine and freshwater deposits were produced by
                    biological and chemical processes and subsequently covered by these, as well as
                    clastic, sediments. Calcium compounds were precipitated and/or extracted from
                    solution in saltwater by plant and animal biological, and associated chemical,
                    processes. During times of low water, the exposed land was subject to wind and
                    water erosion, which cut river valleys and deposited sediments further down slope
                    (Hoffmeister, 1974). Since the last glacial retreat, the sea level has been rising,
                    slowing its rate of rise about 6,000 years ago and again about 3,000 years ago
                    (Wanless, 1989, personal communication). It was during these times that the
                    Lemon Bay Aquatic Preserve estuarine complex began to form.

                    The barrier islands in this region were formed when limestone and quartz materials
                    were transported from the north by longshore currents. As the sediments were
                    deposited, oyster bars were established, adding shell fragments to the quartz
                    sands. As the bars reached the intertidal water depths, mangroves began to
                    colonize the areas, trapping sediments, increasing the amount of peat in.the
                    deposits and the size of the islands (Hoffmeister, 1974).

                                                             24

                 The major components of the near-surface deposits of the Lemon Bay area are
                 sand and carbonates. The type of sediment depends on the environmental
                 conditions under which the rocks were formed and exist. Commonly, these are
                 unconsolidated sediments may also include organic materials, such as peat from
                 the mangroves and associated plant growth. In areas where recent filling has
                 occurred by human activity, the surface sedimentary deposits are of variable
                 composition.

                 These near-surface carbonates and quartz sands support a gentle surface
                 topography and sandy, organic soils, further described in the following paragraphs.

                 E. SURFACE TOPOGRAPH

                 The topography of Lemon Bay is. uncomplicated, low, flat and relatively featureless.
                 However, even small changes in elevation can make significant differences in the
                 vegetation communities and associated.fauna.

                 On both the mainland and the barrier islands, the elevations are low, averaging
                 about 7 feet with a maximum of less than           20 feet. The slopes are gentle
                 throughout the adjacent land areas, even at the headwaters of the eastern tributary
                 creeks. The relatively higher, steeper areas of the preserve occur in the north, near
                 the north end of Manasota Key and the community of Manasota. The slopes and
                 elevations are lowest near the south of the preserve, near Don Pedro Island, Cape
                 Haze and the mouth of Lemon Bay.

                 Because of the nearly level topography, large areas of wetlands occur inland east
                 of the bay, as well as along the shorelines of the mainland and barrier islands. The
                 natural surface drainage patterns are poorly defined and the tributary creeks are
                 winding, with little gradient. The natural shorelines along the bay are irregular, with
                 numerous mangrove islands.

                 Significant artificial alterations have been made to the natural shorelines and
                 drainage patterns of the Lemon Bay area through dredging and filling activities.

                 F. SOILS

                 The types of soils and sediments in the Region have been determined by the
                 processes of parent rock formation, weathering, and transport. The mineral content
                 of a formation affects its chemical and physical stability and the nature of its
                 breakdown derivatives. The water in geological formations is affected by the
                 mineral composition and in turn affects the rate and outcome of soil-building
                 processes. Biological factors also play important roles in the production and fate
                 of soils and sediments (Estevez, 1981). For the coastal area in general, the soils
                 have been mapped in Sarasota County and Charlotte County.

                                                            25

                     Unlike the well-developed soil profiles found elsewhere in the unglaciated portion
                     of the United States, the soils of the lower west coast of Florida are generally
                     described as surface sediments rather than the products of long-term weathering,
                     decomposition and biotic alteration of a parent material. The horizons of layers
                     found in southern Florida surface and near surface sediments usually reflect
                     changes in sediment type, e.g. sand overlying calcareous marsh, rather than the
                     dissolution or mechanical reduction of material.

                     Most of the soils are sandy or organic. The environment of sandy soils vary from
                     seasonally inundated, low-lying pine flatwoods and prairies to elevated xeric (dry)
                     dunes and ridges.   The organic soils, peat and mucks are composed of the partially
                     decomposed remains of plant material.,

                     In Sarasota County, sands are dominated by Eau Gallie Fine Sands, which are
                     acidic and marine, poorly draining, and have an organic pan subsoil. The area of
                     coverage by Eau Gallie Fine Sands in the county is approximately 29 percent.
                     Myaaka Fine Sands cover about 17 percent of the county. The next most common
                     soils are the Pineda Fine Sands, loose marine deposits over calcareous sediment,
                     which drain poorly. These soils cover about 11 percent of the county. A related
                     soil, the Holopaw Fine Sand, drains less and is characteristically found in shallow
                     basins, flatwood sloughs, and wet prairies. Coastal Beach, Coastal Ridge, and
                     Tidal Swamp and Marsh Soils are prevalent on barrier islands and wetlands (USDA,
                     1959; Sarasota Department of Planning, 1980). Most of the soils in the county
                     exhibit severe to very severe limitations for agricultural use, and are excessively wet
                     (Florida Board of Conservation, 1966).

                     In Charlotte County, general soil descriptions are available but must be interpreted
                     with the recognition that extensive agricultural and residential drainage
                     improvements have altered the soils in significant ways. The most extensive soil
                     association of the county is found among Pineda, Pople and Holopaw Soils,
                     occurring in broad lowlands and depressions. The next most common soils are
                     found as the Myakka, Eau Gallie and Holopaw Association. These are acid sand
                     soils with brown organic pans and associated neutral or basic components (USDA,
                     1984). Both associations are dominated by nearly level soils, thin (less than 40
                     inches) sand surfaces, and a ground water table 0 to 30 inches below the surface.
                     The next most frequent association (of Bradenton, Wabasso and Felda Soils)
                     typically have sandy surface layers thicker than 40 inches. Extensive salt water,
                     marsh and swamp, and coastal beach sediments, are present (Florida Board of
                     Conservation, 1966).

                     G. SUBMERGED SEDIMENTS

                     The Intracoastal Waterway is dredged to 9-12 feet deep. Cores taken by the
                     Florida Department of Transportation across similar local areas, including Matlacha

                                                               26

                  Pass, the Myakka River, and the Peace River, showed that the average thickness
                  of recent sediments is about 10 feet (Estevez, 1981). Most of the sediments in the
                  area are quartz shell and sand mixtures. Sediments are dominated (greater than
                  50%) by quartz (Estevez, 1981). The quartz sand is derived mainly from quaternary
                  marine terraces which surround the estuarine system (Huang and Goodell, 1967).
                  The rivers of the region run at low grade, and transport finer than sand-size
                  sediment to the harbor complex. Some sediment may move ashore from deeper
                  coastal waters (Meade, 1969).

                  Sediments are predominantly sand-sized. Detrital carbonate shell constitutes the
                  gravel-sized deposits. Much coarser sediments are present in the deeper channels.
                  Although the percentage of sand decreases on the west or seaward side of the
                  bay, the mean grain size increases because of the addition of shell gravel.

                  Montmorillonite, kaolinite, illite, attapuligite and zeolite are among the clay minerals.
                  Among carbonate minerals, magnesium calcite, aragonite and dolomite are present
                  in sediments of the area. Overall, carbonates vary from 0.64 percent in the
                  freshwater to 93.87 percent in tidal channels. A general decrease of carbonates
                  is seen with increasing depth. Minerals comprised of phosphates appear on
                  shores and in channels as coarse sand to dark granular sediment, or in shallows,
                  as dark medium sand or silt. Highest concentrations of sedimentary phosphate
                  occur in the central channels (Estevez, 1981).

                  The interplay of currents, waves, changes of sea level, the subsurface geology of
                  the region have and the actions of bottom dwelling organisms over millions of
                  years, has resulted in the accumulation of sediments into the emergent barrier
                  islands.

                  H. SURFACE WATER HYDROLOGY

                  Because of the level topography, the surface drainage patterns to the bay are
                  poorly defined, with significant numbers of wetlands and relatively short, low
                  gradient freshwater tributary streams.         Lemon Bay and Placida Harbor are
                  estuaries, with varying salinities in different locations and times. The salinity levels
                  depend on the balance of fresh and saltwater input from the tributaries and rainfall.

                  The Lemon Bay Aquatic Preserve is a linear lagoon system, connected by artificial
                  dredging activities which were conducted through former wetlands. The estuaries
                  of Lemon Bay proper and Placida Harbor have surface areas of 6,042 and 1,625
                  acres, respectively. Surface water hydrology is influenced by the interaction of
                  freshwater inputs from major man-made canals, the seven tidal creeks and overland
                  sheetflow with tidal exchange with the Gulf of Mexico via the two major inlets. The
                  interaction of the discharged fresh water with the tides influences the circulation
                  patterns, sedimentation, nutrient levels, and pollution levels.

                                                             27

                     The area has mixed diurnal and semi-diurnal tides of variable heights and ranges,
                     depending on the location and time of year. The tidal range averages 1.9 feet (0.6
                     meters), with an average amplitude of two feet and a maximum of three feet. The
                     lowest low tides occur in the winter months of December, January, February and
                     the highest high tides in June, July and August.

                     Wind can cause observed tidal amplitudes to vary considerably from the predicted
                     values. Wind effects are most pronounced in the winter months where higher
                     observed tides occur prior to the passage of cold fronts and lower observed tides
                     occur after the fronts pass. Higher observed tides also occur during March and
                     April when the prevailing wind direction is from the southwest.

                     The geomorphology and vegetation of tidal creeks and mangrove forests cause
                     significant tidal dampening and time lags between high tides in the deep waters and
                     in the adjacent.salt marsh. A tidal lag of 2.5 hours can be observed between the
                     head of a small creek and its mouth, about one mile away.

                     The water circulation of Lemon Bay and Placida Harbor is complex, not well
                     understood and complicated by man-created channel connections. Unlike more
                     southern back bay systems, there are few Gulf of Mexico inlets. The existing
                     passes are constantly opening, closing and changing position through natural
                     sediment transport processes..

                     Along the mainland of Lemon Bay, most stormwater either evaporates or empties
                     into streams that discharge into the bay. The extent of recharge in the coastal
                     zone to the aquifers near the coasts is a matter of current debate. For the most
                     part, coastal streams are relatively short (less than 5 miles long), sluggish due to
                     low gradients (about 5 feet/mile) and have historic extensive marsh or mangrove
                     fringes. The fringes have commonly been destroyed by development (Sutcliffe and
                     Thompson, 1983). During times of low flow conditions (such as droughts) most of
                     these coastal streams have negligible freshwater discharge.

                     Many of the larger coastal streams have been altered and deepened. These stream
                     modifications permit further intrusion of salt water inland (Flippo and Joyner, 1968).

                     1. GROUNDWATER

                     The Floridan aquifer system in the Lemon Bay area is generally an artesian aquifer,
                     comprised of the Oldsmar and Lake City Limestones, Avalon Park Formation and
                     Ocala and Suwannee Limestone. These sediments lie beneath the impermeable
                     rocks of the Hawthorn Group. The Hawthorn Group, with the Peace River and
                     Arcadia Formations, serve as a barrier above Floridan aquifer system, and
                     comprise the intermediate confining unit and the intermediate aquifer system in this
                     area. The surficial aquifer system is comprised primarily of the Fort Thompson

                                                              28

                  Caloosahatchee and Tamiami For       mations (FDNR, FGS, 1986). The general
                  direction of water movement, including both groundwater and surface water, is from
                  east to west and ultimately flows into the Gulf of Mexico.

                  The Floridan aquifer system provides most of the groundwater used by agricultural,
                  industrial, and domestic users in west-central Florida. Along the coast, however,
                  the surficial aquifer system is the primary source of potable groundwater for
                  domestic use. Groundwater from the lower levels of the Floridan aquifer system is
                  too mineralized (saline) to serve as potable water source, although these waters
                  may be used for -irrigation (Sutcliffe and Thompson, 1983). Some aquifers in
                  coastal areas have experienced salt water intrusion as a result of groundwater
                  overpumping, the use of drainage canals, and, less frequently, storm surges.

                  J. WATER QUALITY

                  The waters of Lemon Bay Aquatic Preserve are designated as both Outstanding
                  Florida Waters (OFWs) and Class 11 and Class III waters. For each designation,
                  acceptable levels, or standards, have been set for several water quality parameters
                  (components). Discharges to the water bodies cannot lower the quality of the
                  water to below the identified standards. The standards are used by Florida
                  Department of Environmental Regulation to evaluate proposed permits for
                  discharges to surface waters.

                  All the waters of the Lemon Bay Aquatic Preserve have been designated as OFWs
                  since April 1988. The purpose of the OFWs designation is to preserve existing
                  water quality. Therefore, the standards for the water quality parameters are set at
                  the level of the existing water quality. FDER cannot issue permits for direct
                  pollutant discharges to OFWs which would lower ambient (existing) water quality
                  or for indirect discharges which would significantly degrade the OFWs. This
                  includes permits for new dredging and filling activities, which must be shown to be
                  clearly in the public interest to be approved.

                  In addition to the OFWs designation, the preserve waters are also classified by
                  FDER as Class 11 and Class Ill. All of Florida's surface waters are classified into 5
                  different classes, depending on their "present and future most beneficial use".
                  Class I has the best, potable water quality and Class V has the poorest. For each
                  class, different standards are set for each parameter and discharges cannot lower
                  the water quality below the identified levels. Lemon Bay Aquatic Preserve waters
                  are designated as Class 11 from Forked Creek south, and upstream in the tributaries
                  to SR 776 and SR 775. Class 11 waters have very good quality, and are designated
                  as shellfish harvest and propagation areas. The remaining 1/5 of the bay, north
                  of Forked Creek, is Class Ill. These waters have good water quality, designated
                  for recreation, propagation and maintenance of a healthy, well balanced population
                  of fish and wildlife.

                                                           29

                     The rules guiding both OFW and class designations are found in 17-302 F.A.C.,
                     relating to water quality standards, and in 17-4.242, which contains permitting
                     criteria and procedures.

                     There are several sources of water quality data for the Lemon Bay Aquatic
                     Preserve. In the mid 1970's, data was collected for the bay as part of the Clean
                     Water Act requirements. The information was collected by the Southwest Florida
                     Regional Planning Council (SWFRPC). In the mid 1980's, additional data was
                     collect by FDER as part of the proposal to designate the area as an aquatic
                     preserve. On-going, routine ambient water quality data is also being collected by
                     three groups: 1) the FDER South Florida District Office in Punta Gorda; 2) the
                     FDNR Shellfish Assessment Section, Southwest Coast Field Office in Punta Gorda;
                     and -3), the Sarasota County Department of Natural Resources, Environmental
                     Services Lab. Some historical data exists with the 'Southwest Florida Water
                     Management District Hydrologic Data Base, but it is up-dated as requested for new
                     projects.

                     The water quality data for the Lemon Bay Aquatic Preserve area has been
                     summarized in three publications: 1) the 1977 Final Water Quality Report of the
                     Lemon Bgy Comglex Study Area by John Morrill, for the SWFRPC; 2) the 1984
                     Water Qualily Invento[y for the State of Florida by Joe Hand and Dean Jackman for
                     FDER; and.3) the 1985 Regort to the Environmental Regulation Commission:
                     Proposed Designation of Sarasota Bay and Lemon Bgy as Outstanding Florida
                     Waters, for FDER.

                     The data shows      variable water quality conditions for the preserve waters,
                     depending on the   location and date of the sampling, and the report in which the
                     data is summarized. The historic data shows fair and poor levels of dissolved
                     oxygen and fecal coliform bacteria in both the bay waters and the mouths of the
                     tributary creeks. However, the 1984 report by Hand and Jackman indicates that
                     the overall water quality of the system is still generally good, particularly in open
                     bay waters. The poorest conditions appear to be in and near the tributary creeks,
                     which commonly have low dissolved oxygen and high coliform bacteria levels. The
                     urbanized creeks of the Englewood area also have high nutrient levels.

                     In urbanizing and developed areas, such as the drainage areas of Lemon Bay,
                     elevated fecal coliform bacteria levels often indicate wastes are being carried into
                     surface waters from sewage treatment plants, inadequate marina sewage pump-out
                     stations and areas with high densities of septic systems. Also, high nutrient levels
                     and low dissolved oxygen levels are associated with increased stormwater runoff
                     discharges to surface waters.

                     The effects of the high fecal coliform levels have already been felt in the preserve.
                     Due to the high levels, certain areas of Lemon Bay are unsuitable for shellfish
                     harvesting. The areas of the bay currently closed to shellfish harvesting include:

                                                              30

                 from navigation marker #27 north to marker #19A on the east side of the
                 Intracoastal Waterway; from marker 19A north to marker #28A on both sides of the
                 Intracoastal Waterway; from marker #28A north to marker #36 on the east side of
                 the Waterway; and from marker #36 north to the preserve boundary on both sides
                 of the Waterway. In addition, recently proposed prohibited shellfishing areas
                 include: the Cape Haze canals, Knight Pass, and an area surrounding Elred's
                 Marina in Placida Harbor.

                 The citizens of the Lemon Bay area are concerned about the apparent and
                 potential degradation of the quality of the waters in the preserve. They have
                 organized an annual Lemon Bay Conference, with the spring 1991 conference
                 focusing on water quality. The purpose of the meeting is to improve citizen
                 involvement in water quality monitoring of the bay.

                 PART II: BIOLOGICAL RESOURCES

                 A. COMMON BIOLOGICAL COMMUNITIES

                 The wealth of Lemon Bay's plant and animal associations are briefly described
                 below. The individual species have been grouped into representative community
                 types based on the dominant flora and fauna. The community compositions are
                 not rigid and some species occur in more than one community. Even though the
                 communities are presented separately here, in reality they have a great variety of
                 combinations of species associations which are connected and inter-dependant.

                 Also, one community type can not be valued greater than another, because the
                 productivity, fishery, recreational and aesthetic values of the Lemon Bay Aquatic
                 Preserve depend on the matrix of interrelated habitats and microhabitats:
                 submerged and emergent, wetland and upland, vegetated and unvegetated.

                 The Lemon Bay Aquatic Preserve is a classic back barrier island lagoon system
                 which displays the estuarine, marine and associated riverine communities that
                 exemplify a productive aquatic ecosystem. The major community associations
                 within the preserve include: seagrass beds, mangroves, oyster bars and salt
                 marshes, along with tidal creek wetland and soft bottom communities and the
                 associated phytoplankton community. Landward of the preserve boundaries, the
                 associated communities include: mangrove forests, salt marshes, pine flatwoods,
                 oak hammocks and coastal scrub strands. Figure 3 shows the locations of the
                 seagrass, mangrove, oyster and salt marsh communities in the preserve.

                 Under natural conditions, subtle differences in geology, topography, microclimate
                 and other physical parameters determine the dominant plant and animal association
                 in an area. The communities are never static and progress towards more complex,
                 diverse and productive communities.

                                                         31

                     However, human alteration and catastrophic events such as hurricanes, change
                     which communities dominate an area, as well as their succession towards the next
                     community type. Often the disturbed communities are less diverse and productive
                     than the natural communities were.

                     The affected community is not the only one that is diminished. All marine systems
                     are interrelated and thus changes in one association will directly or indirectly affect
                     a number of other related and interdependent associations. While people have
                     long recognized how productive marine environments are, they are only recently
                     beginning to understand the significant role marine communities play in larger,
                     global ecological functions.

                     The qualitative information below is based on general knowledge of the preserve
                     and the biological communities. Additional, more detailed inventories of preserve's
                     communities areneeded, and will be collected, to acquire more quantitative, site
                     specific information. The detailed information is needed as baseline data against
                     which to compare future changes, both positive and negative.

                     1.SEAGRASSES

                     Within the Lemon Bay Aquatic Preserve boundaries below MHWL, the most
                     extensive vegetation community is dominated by seagrasses. Seagrasses are
                     submerged vascular plants. The three most common species in the preserve are:
                     Cuban shoal grass (Halodule A@ @hffi), turtle grass (Ihalassia testudinum and
                     manatee grass (Syringodium filiforme). They occur in extensive beds throughout
                     most of the shallow waters of the bay, from the shore out to a depth of about 7
                     feet. The few areas in thp bay without seagrass cover include an area parallel to
                     the east shore just north and south of Englewood and the eastern part of Placida
                     Harbor from Cape Haze to Placida.

                     Seagrass meadows serve many valuable functions within the estuary. They provide
                     the primary productive food base for the estuarine system. They also stabilize
                     sediments, trap silt, recycle nutrients and provide shelter, habitat and substrate for
                     animals and other plant forms. In addition, they function as nursery areas for
                     juvenile forms of shellfish, provide a food source for the endangered West Indian
                     manatee (Irichechus manatus Latirostris) and serve as a substrate for the many
                     species of epiphytic algae eaten by invertebrates, which are in turn eaten by fish
                     (Wood et al., 1969; Odum, 1974).

                     Most commercially and recreationally important fishes spend at least part of their
                     lives in these beds (Zieman, 1982), and seagrass patches near inlets may be
                     especially important in keeping larval and juvenile fish from being passively washed
                     back into the ocean during failing tides. The invertebrate fauna and algae
                     associated with seagrass beds are rich and diverse, and collectively form an
                     intricate biotic complex central to the ecology of the bay.

                                                               32

      VENICE

                                         Alligator Creek

         0

                                                  nasoto
                                                   go

               0
                0

                                                                          Forked Creek

                                                                                                           Godfrey
                                                                                                            Creek
                                        Co munity                                         776

                                             yster                      0
           FIGURE 3. Vegetation and 0
                       Communities                                                          ood
                                                                                    Englew

                     Mangroves

                     Sea Grosses

                     Salt Marsh
                                                                                                         SARASOTA COUNTY
                                                                           0       -- - - - -
                                                                                                         CHARLOTTE COUNTY
                     Oysters

                                                                                                                          el
                                                                                                                          00*

                                                                                             M-1                           @01
                                                                                                                        01%
                                                                                                                          'tee*

                                                                  33

      Community

            %

                      zi
                             Sk

                                                       Buck Crook

                                Ok   ;f

                                           77

                 0
                                                 01)
                                                   C-0  194-

                       0

                                                     Cap
                                                       Haze                            771

        FIGURE 3. Vegetaflon and OY$ter
                 communifies

               mangroves

               sea Grasses

               Salt Marsh

               oysters

                                                    GASPARILLA                        0
                                                       ISLAND                           0-

                                                     35

                  Fauna associated with the seagrasses in Lemon Bay includes many species of
                  macroinvertebrates, fish, algae and birds. Primary feeders on seagrasses include
                  sea turtles, manatees, sea urchins, blue crabs, fiddler crabs, and many fishes. The
                  amount of direct grazing by these herbivores varies with location. In Lemon Bay
                  many seagrass grazing fishes are at their northern limit. Many of these fauna, such
                  as conch, scrape the seagrass blades for epiphytic algae and animals.

                  Seagrass coverage, density and diversity vary seasonally, yearly and possibly in
                  longer cycles. The principle factors governing seagrass beds development are
                  clarity of the water column at depth and exposure to air during lowest tides.
                  Generally, shoal grass tolerates more exposure and is found both in the shallowest
                  depths and down to the lower light limit. Turtle grass generally occurs deeper, in
                  3 to 33 feet (I to 10 meters) when good water clarity is available, because it is less
                  resistant to exposure. Manatee grass is often found intermixed in Thalassia beds
                  and occasionally as an unmixed stand in natural deeper, clearer waters. With
                  optimal depths, water clarity and temperature, seagrasses can grow as fast as 1
                  centimeter per day.

                  Seagrasses are negatively affected by reductions in sunlight availability, either from
                  natural causes or human activities. Historically, the bottoms of Lemon Bay Aquatic
                  Preserve were covered with a rich green carpet of seagrasses, except for the
                  deeper river channels, the Gulf passes and the oyster bars. Today the seagrass
                  resources of the preserve have been reduced in area, in the depths at which they
                  occur and in the abundance of the rarer species. In turbid areas of the developed
                  portions of the bay, the maximum depths of the grassbeds can be as shallow as
                  6 feet.

                  The human activities which directly and indirectly negatively affect the grassbeds
                  include: direct dredging and filling, turbidity, siltation, pollution from upland runoff
                  and petroleum products, shading by structures and docks and propeller dredging.
                  The productivity of the Lemon Bay estuarine system has been reduced
                  correspondingly. Given all the impacts to these seagrass beds, protection and
                  enhancement of the current extent of the seagrasses and their productivity is
                  essential to the survival of the other functions of the estuarine system.

                  2.MANGROVES

                  The second most extensive community within the preserve is the mangrove
                  community. The populations within the preserve are complimented by extensive
                  mangrove fringes and forests landward of the MWHL, just outside of the preserve
                  boundaries.

                  Mangroves are highly specialized, tropical trees adapted to growing in the varying
                  salinity conditions that occur along the shores and shallow waters of oceans,

                                                             37

                      estuaries and tidal creeks. The four common species found in the Lemon Bay
                      Aquatic Preserve include: red mangroves (RhizophoraM@nqle), black mangroves
                      C&vicennia germinans), white mangrove (Laguncularia racemosa , and buttonwood
                      (Conocarpus erectus .

                      The red mangroves, mixed with black and white mangroves, grow as a fringe of
                      varying width throughout the barrier islands and mainland of the preserve where
                      they have not been removed by human alterations. The most extensive fringes
                      occur along the east shore, north of Forked Creek; along the northeast shore of
                      Manasota Key; along the mainland from Lemon Creek south to Placida; and along
                      the east shore of the barrier islands from Stump Pass south to Gasparilla Pass.
                      Mangrove islands are concentrated along the eastern shore of the barrier islands,
                      from southern 1/4 of Manasota Key south to Knight Key.

                      As compared to other southwest Florida aquatic preserves, the mangrove forest of
                      Lemon Bay Aquatic Preserve is relatively narrow due to somewhat steeper shoreline
                      topography and past development practices. Classic mangrove zonation finds red
                      mangroves most waterward, black mangroves at slightly higher elevations and
                      white mangroves and buttonwoods landward.

                      The mangrove forest of the Lemon Bay Aquatic Preserve are a vital component of
                      the estuarine environment providing a major detrital base to organic food chains,
                      significant habitat for arboreal, intertidal and subtidal organisms, nesting sites, cover
                      and foraging grounds for birds and the habitats for less apparent reptiles and
                      mammals.

                      The relationship between mangroves and their associated marine life cannot be
                      overemphasized. The mangrove forest provides protected nursery areas for fishes,
                      crustaceans and shellfish that are important to both commercial and sports
                      fisheries.

                      The detritus provided by decomposition of phenologically shed mangrove leaves
                      is the food base for micro-crustaceans and other detritall processors which are
                      consumed by larger crustaceans, small fishes and other first order predators.
                      The animals in turn are the prey of larger fish species such as snook (Centrogomus
                      undegjo2a@lus , snapper (Lutianus sp.), tarpon (Megalol2s gggaM, jack (Caranx
                      sp.), sheepshead LArchosargus 12robatoceghalus , spotted sea trout (Cynoscion
                      nebulpaujs , and redfish (Scianeogs Dcellatus .
                                                                     J

                      This diverse fish community also includes other drums, porgys, grunts, mojarras,
                      mullet, pipefish, flounder, sole, sea robins, toadfish, anchovies, herrings, needlefish,
                      pinfish, silver perch, pigfish, scaled sardines, live bearers, silversides, sea cats,
                      gobies, sharks and rays. At least 230 species of fish depend directly upon the
                      mangrove ecosystem for food, shelter, breeding and/or nursery grounds.

                                                                 38

                  In the southwest Florida region, at least 20 species of reptiles and amphibians, 90
                  species of birds and 20 species of mammals utilize the mangroves as habitat for
                  feeding, roosting, breeding and/or cover. More than 250 species of arboreal
                  arthropods inhabit the mangrove canopy, branches and wood. Most of the 300
                  species of local marine invertebrates of Lemon Bay are found in or depend in some
                  part upon the mangrove forests for habitat or food.

                  Salinity, water and air temperature, tidal amplitude and soil conditions affect
                  mangrove growth form and distribution. In Lemon Bay, the major consistent source
                  of mortality to mangroves is human development and destruction. Although
                  abused by man, the mangrove forests provide shoreline protection by stabilization
                  and considerable storm protection. The sports fisheries and commercial fisheries
                  of Lemon Bay are, in concert with the other submerged habitats of seagrass, algae
                  beds, sand and mud flats and oyster bars, utterly dependent upon the mangrove
                  fringing forests.

                  The aesthetics of the mangrove canopy with associated birds and fish is a major
                  contributor to the tourist and retirement based economy of the Lemon Bay region.
                  Mangroves also filter water, maintaining water quality and clarity at levels vital for
                  other submerged habitats.

                  Interlinked with seagrass beds, algae habitats, natural unvegetated bottoms, oyster
                  communities, salt marshes and riverine systems, mangrove forests are the primary
                  components that make Lemon Bay worthy of being an aquatic preserve.

                  3. OYSTER BARS

                  Oyster bars and. reefs are common in the shallow waters of the preserve. They are
                  commonly found near the mouths of the eastern tidal streams, as well as in other
                  scattered locations, such as across the bay south of Forked Creek and near the
                  mangrove islands north of Stump Pass.

                  Oysters are bivalve mollusks and the most common species in the preserve are the
                  eastern oyster (Crassostria yLirginica) and the flat tree oyster (iso-anomon alatus).
                  Mussels are also bivalves which commonly occur with the oysters, especially the
                  atlantic ribbed mussel (Geukensia AeMi[gsa).

                  Intertidal oyster reefs range in size from small scattered clumps to massive mounds
                  of living oysters on dead shells. Reefs are limited to the middle intertidal zone,
                  where minimum inundation time determines the maximum reef height. Predation
                  and siltation limit oyster populations in the subtidal zone to scattered individuals.

                  During ebb tide exposure to the air, living reefs are greenish-brown from a thin film
                  of associated algae. In typical reefs the upper surface is level. Sides slope steeply

                                                           39

                     at the edges with the living portion of the reef thickest at the perimeter. Central
                     areas tend to trap mud from sedimentation and biodeposition which can smother
                     the live oyster.

                     At least 50 species of macroinvertebrates are associated with oyster bars including
                     sponges, insects, barnacles, mud, stone and commensal crabs, clams, mussels,
                     anemones, polychaetes, amphipods, and mollusks including oyster drills.

                     Several bird species, many fish and an occasional raccoon hunt the oyster bars,
                     at appropriate tides, for the reef dwellers and the oysters themselves. Many fish
                     and swimming invertebrates take shelter in the rough topography of the reef to
                     escape predators.

                     The filter feeding oysters, clams, mussels, sponges and fan-worm polychaetes
                     directly consume the plankton and suspended particulate material from the water
                     column. In the process of concentration of biomass from this food source, filter
                     feeders can also concentrate metals, red tide toxins, certain harvesting human
                     pathogens and exotic anthropogenic chemicals. For this reason shellfish harvesting
                     is allowed only in areas with safe water quality. In Lemon Bay most of the oyster
                     bars are in prohibited areas due to high fecal bacteria runoff from human sources
                     in the adjacent tributaries.

                     Digging of clams from the unvegetated and vegetated soft bottoms is the active
                     shellfish harvesting. of this preserve. With each biannual review of the Lemon Bay
                     Aquatic Preserve shellfish harvesting waters, the areas of approved shellfish
                     harvesting waters continue to decrease as water quality declines.

                     Oyster bars fill a major trophic role in the conversion of carbon and nutrients from
                     phytoplankton and detritus to animal biomass available to higher order consumers
                     including blue crab (CallinectesIgi;Eidus), black drum (Poganias cromis), American
                     Oystercatchers (HaematopuspgEgLuo, oyster drill (Urosall2in cinerea), stone crab
                     (Mennipl2e mercenarig), and Herbst's mud crab (Panopeus bpLbstii
                                                                                            Ji.

                     Concurrent with their metabolism, the oysters, their associated fauna, and aerobic
                     bacteria mineralize organic carbon and release nitrogen and phosphorus in forms
                     usable by primary producers such as phytoplankton, benthic algae, seagrasses,
                     mangroves and marsh grasses. Oyster reef communities have among the highest
                     measured metabolic rate of any benthic community.

                     Oysters in reefs live close to their stress tolerance threshold. Further perturb  ation
                     of conditions by man can easily destroy the entire reef community. Dredging
                     turbidity, man-made chemicals, heavy metals, and artificial hydraulic changes and
                     oxygen depletion by over-nutrification and sediment disturbance all contribute to the
                     continual loss of live oyster reefs in Lemon Bay (Sprague et al., 1986).

                                                              40

                  4. SALT MARSH COMMUNITIES

                  Salt marshes are low, wet, flat lands dominated by salt tolerant rushes and
                  cordgrasses. In general, they occur along areas of protected coasts and inland
                  along tidal creeks.     The vegetation often occurs in distinct zones in the
                  interconnected shallow channels that affect tidal action and salinity in the water and
                  soils. Some species are tolerant of tidal and salinity changes and can be found
                  throughout the marsh. Others occur only in areas with a particular combination of
                  these factors.

                  The salt marshes of the Lemon Bay Aquatic Preserve are typically dominated by
                  black needlerush (Juncus roemerianus) in tidal creeks and smooth cordgrass
                  (Spartina alterniflora) in the bay proper. They occur only in small scattered
                  locations in the preserve, associated with the mangrove communities. The most
                  extensive areas occur along the south edge of Manasota Key and the southwest
                  edge of Placida Harbor.

                  In combination with mangrove forests and seagrass beds, the salt marsh forms the
                  detrital food base for the fisheries of Lemon Bay Aquatic Preserve and Placida
                  Harbor. The salt marsh is one of the most productive natural ecological systems.

                  The marsh is the habitat for the early life stages of many finfish and shellfish
                  species as they feed on the numerous invertebrate animals in the mud and
                  vegetation. Many wildlife species including ducks, geese, deer, raccoons and
                  migratory birds, utilize the marsh on a regular or seasonal basis to consume this
                  productivity and occasionally become part of the food chain themselves.

                  Salt marshes perform important functions in the stabilization of shoreline and
                  moderation of boat wake. The nutrient uptake and water purification qualities of salt
                  marshes continue to be underrated and relatively unstudied. Large areas of salt
                  marsh have been destroyed in the development of Lemon Bay shoreline for
                  residential purposes with the subsequent decline in water quality.

                  The coastal salt marshes of the Lemon Bay Aquatic Preserve consist of a low
                  marsh of black needlerush and a high marsh of saitgrass (Distichlis 1picata). The
                  black needlerush can extend from the lower marsh landward to the upper marsh.
                  It forms wide monocultures at the most waterward edge of the marsh. Occasionally
                  the smooth cordgrass (Sl2artina alterniflara), a tall emergent grass, can be found
                  in low regularly flooded marsh. Black needlerush provides the major detrital
                  contribution to the local marshes.

                  Landward, the middle marsh includes the black needlerush in combination with a
                  variety of tougher grasses. Marsh cordgrass (Sgartina pgtens), provides a soft
                  bunchgrass cover favored by nesting birds. Its seeds and stems provide food for
                  numerous insects and rodents of the marsh system. Four different low growing

                                                           41

                     grasses can be found including: seashore dropseed (Sgorobolus virginicus
                     seashore knotgrass (Paspalum distichurn ; saltgrass (Distichlis sgicata and key
                     grass (Monanthochloe littoralis . Each of these grasses can occur together or
                     separately in the middle or upper marsh above the normal high tides but where
                     seasonal high tides will inundate the soil.

                     Interlaced with the grasses or often occurring alone are several viney and low
                     growing herbs including sea blite (Suaeda juggM, sea purselane (Sesuvium
                     portulacastrum , the saltwort Qatis Maritima                                          a
                                                                      J, and the annual and perenni I
                     glasswort (Salicornia bigelowii and S. caroliniana). These herbs possess fleshy
                     succulent water retaining leaves and are often colored orange or red in areas of
                     high salinity.,

                     At the high marsh, shrubs are able to grow in regions with suitable drainage and
                     sufficient freshwater. These shrubs include saltbush (Baccharis halimnifolia),
                     marshelder fta frutescens), wax myrtle (Myrica gerifera), sea-ox-eye daisy
                     (Borrichia frutescens and B. arborescens). Each of these plants possess distinctive
                     leaf shapes and fruits which conserve water and protect against the heat and
                     dryness of the high marsh. Where the high marsh does not drain well and high
                     tidal events become ponded, the soils often become saturated with salt and other
                     minerals resulting in variably sized regions of bare sands with areas of the
                     mentioned herbaceous creepers, the low grasses and black needlerush.

                     Some common mammals of natural undisturbed salt marsh systems include deer,
                     otter, raccoon, opossum, rice rats, muskrats, and bobcat.

                     Almost all of the common wading birds and waterfowl of Florida utilize salt marsh
                     habitats including the egrets, herons, bitterns, coots, gulls, terns, seaside sparrows,
                     pelicans, wood storks, roseate spooribills, ibis, ducks, geese, willets and stilts.
                     Many predatory birds including bald eagle, osprey, falcons, hawks and kestrels live
                     in and/or feed in the marsh.

                     The reptiles of the salt marsh include alligator, terrapin, salt marsh snakes, water
                     moccasins, ribbon and garter snakes, and in fresh water systems various turtles.

                     The abundance and the productivity of the salt marsh is established and maintained
                     by the dynamic forces of tides, winds (including storms), seasonal changes, runoff
                     from upstream systems and the spatial and nutritive contributions of soils and
                     vegetation. Left alone the salt marsh provides a wide variety of habitats for animals,
                     including man. Disturbed or destroyed by development contributions to fisheries
                     and wildlife are degraded or lost forever.

                                                              42

                  5. TIDAL CREEK WETLANDS

                  Historically, the riverine wetlands of the Lemon Bay Aquatic Preserve were much
                  more extensive both in aerial extent, habitat value and relative contribution to the
                  estuarine system. Today, channelization, bulkheading and fill has reduced this
                  natural habitat to pockets of undeveloped shoreline.

                  The low tidal creek reaches display a mixture of mangrove and salt marsh
                  vegetation discussed previously. Further upstream, the less saline mixture of
                  upland watershed drainage with the Lemon Bay waters provides a zone of wide
                  salinity variations which can support up to 29 species of plants that can grow in
                  saline soil (halophytes).       These wetlands are the border between the
                  mangroves/salt marsh communities of the preserve and the freshwater wetlands
                  above the aquatic preserves boundaries.

                  The dominant plant species change in response to seasonal variations in salinity,
                  water volume, air and water temperature, nutrient loading and grazing pressures.
                  Diversion of fresh water by unnatural water control projects and activities shifts plant
                  species composition in favor of more salt tolerant plants.

                  The gross productivity of riverine wetlands increases when surface freshwater input
                  increases; however net production decreases because of stress associated with
                  osmotic regulation (pressure differences from different salinities).          The new
                  productivity is optimal at medial salinity. In these moderate to low salinity waters
                  a wide variety of plant communities can develop depending on sediment, elevation
                  and season.

                  Widgeon grass (Ruppia Maritima), a submerged grass tolerant of wide salinity
                  changes, vegetates sandy shallow channels providing habitat for fishes and
                  invertebrates in similar fashion to seagrasses. Other brackish tolerant submerged
                  vegetative beds include tape grass (Stallisneria americana), pond weed
                  (Potgmogeton L11inoiensis), marine naiad (Naias Marina) and a wide variety of 46
                  associated algae species.

                  Creek banks below the mean high water support a variety of emergents including
                  bulrushes (Scirgus sp.), fingerushes (Fimbrisiylis sp.), other rushes (Juncus sp.),
                  spikerushses (Eleocharis sp.), cattails CEypha sp.), giant reed (Phragmites
                  communia), leather fern (Acrostichum sp.), saltgrass (Distichlis spicata), knotgrass
                  (Paspalum distichurn , various cordgrass (Spartina sp.), several asters (Aster sp.),
                  pinks LSabatia sp.), coast water hyssop (Bacopa MggnLieJri , and many of the salt
                  marsh herbs.

                  Further inland the creek systems become fresher, but these areas are not within
                  the current aquatic preserve boundaries.          This artificial boundary to a fluid
                  continuum ignores the strong habitat connectivity and water quality effects of these
                  creeks systems on the Lemon Bay Aquatic Preserve.

                                                             43

                     The health of the estuary depends upon the health of its tributaries. If the riverine
                     wetlands are destroyed, the creeks channelized and the water quality degraded in
                     the watershed external of the preserve boundaries, it is not possible for the Lemon
                     Bay Aquatic Preserve to retain its fisheries, wildlife habitat and water quality values.

                     6. UNVEGETATED SOFT BOTTOM SAND AND MUD FLATS

                     The apparently unvegetated soft bottom community is a misunderstood and
                     undervalued component of the Lemon Bay estuary.                   Naturally occurring,
                     undisturbed unvegetated bottoms are rich in animal biomass and can display high
                     diversities of invertebrates and fishes. Knowing where and when to look is
                     important. The principal sand and mudflat community is buried beneath and within
                     the unvegetated substrates.             The community includes an extensive
                     macrovinvertebrate community, along with birds and micro algae.

                     The macroinvertebrates found in the softbottoms and mudflats of the preserve are
                     diverse. These same animals are also found throughout the mangrove and
                     seagrass communities. The macroinvertebrates include species from the classes
                     of bivalve mollusks, gastropod mollusks, polychaete worms,- crustaceans and
                     tunicates as well as from the echinoderm phylum.

                     Some of the common bivalve mollusks in the preserve, in addition to the oysters
                     and mussels, include: hard shelled clams (Mercenari?l, razor clams (Salecurtus
                     cumingiamus) and (EnsisMinor), donax clams (including Donax variabilis), lucines
                     (Lucina sp., Anodantia alba and Codakia sp.) and many others.

                     Numerous species of gastropods, which are also associated with seagrass and
                     algae beds, live on and within the sand and mudflats. Often in amazing
                     abundance, the species include: Florida Crown Conch (Melongena corona), whelks
                     (Busycon sp.), nassa mud snails (Nassarius sp.), horse conchs (Pleroglaca
                     gigantea), tulip conchs (Facialaria sp.), moon snails (Polinices duglicatus), and horn
                     shells and ceriths (Batillaria minima, Cerithidea sp. and Cerithium sp.).

                     The polychaetes include burrowing segmented worms and filter feeding segmented
                     tube worms. Other worm phyla are represented by burrowing flatworms and ribbon
                     worms.

                     The echinoderms present include burrowing crustaceans, brittle starfish and sand
                     dollars. The mollusks, polychaetes and echinoderms scavenge, hunt and filter-feed
                     within the unvegetated substrates.

                     The crustaceans include crabs, amphipods and commercial shrimp. The intertidal
                     flats support abundant burrowing crab (Qca sp. and Sesarma sp.) colonies which
                     forage in coordination with tidal cycles.

                                                                44

                 The predatory, bottom feeding fishes flourish in these areas of naturally diverse
                 often patchy bottom habitats. Many mobile invertebrates and fishes which avoid
                 open, unvegetated areas during the day forage across these flats nocturnally.

                 Wading and shore birds, including sandpipers, dowitchers, willets, plovers, egrets,
                 herons and ibis hunt the denizens of the flats by probing the substrates and
                 snatching the exposed invertebrates.

                 Benthic micro-algae are often present in more consolidated substrates providing a
                 pale pink, green, brown or black hue to surface sand/mud layers. The natural
                 unvegetated bottom observed today is often the seagrass bed, algae bed or oyster
                 bar of tomorrow given the proper conditions and freedom from disturbance.
                 Frequently, when areas are observed in mid-winter the vegetation component is not
                 apparent. The same site examined in mid-summer can be a lush seagrass bed.

                 7. MACRO ALGAE COMMUNITIES

                 Within the Lemon Bay Aquatic Preserve the primary types of algae growth are:
                 those which grow on the soft sediments; epiphytic (attached) species that utilize
                 seagrasses, mangroves, or emergent marsh grasses; the algae which require a
                 hard substrate to anchor such as oyster bars, rip-rap rubble, and occasional native
                 limerock outcropping; and the unattached drift algae.

                 The only algae able to remain in the soft sand and mud substrates utilized by
                 seagrass are mat-forming algae and the Siphonales green algae which have
                 .creeping rhizoid anchor.      These include Halimeda, Penicillus, Caluerpa,
                 Rhipocephalus and Udotea. They have limited substrate stabilization capability
                 when compared to seagrasses. They are able to survive in more shifting sediments
                 however and are often considered as a prior successional stage for seagrass
                 establishment. The algae provide primary food production and deposit large
                 quantities of calcium carbonate or lime mud from their skeletons upon seasonal die
                 back.

                 The epiphytic algae are a diverse assemblage of algae belonging to the red, blue-
                 green, green and brown algae phyla. There are many species, with more than 100
                 species recorded from turtle grass alone (Humm, 1964).

                 The turnover of the epiphytic community is rapid since a seagrass blade's lifetime
                 is 30 to 60 days. The epiphytes increase the primary productivity of seagrass beds
                 and can account for 18% to 33% of community metabolism. Many animals feed
                 directly on these epiphytes. Heavy growth of encrusting coralline algae, however,
                 can damage seagrass blades by reducing photosynthesis. Also, blue green algae
                 epiphytes can fix molecular nitrogen which is utilized by seagrass (Goering and
                 Parker, 1972).

                                                         45

                      Hard substrate algae consist of hundreds of species from all of the major
                      macroalgae phyla. Natural bottoms of the Lemon Bay Aquatic Preserve provide
                      few hard abiotic surfaces, with old exposed shells (oysters, clams and whelks) and
                      some areas of exposed bed rock the principle natural mixed abundances of these
                      plants where water quality and clarity is good.

                      The drift algae species begin growth attached to a firm substrate, plant or inorganic,
                      and subsequently become detached by wave action, grazing or mechanical
                      disturbance. Large masses travel, like organic tumbleweeds, on the tides and
                      currents providing shelter and food sources for many small invertebrates and
                      fishes, often where no other cover would be available. The drift algae of the Lemon
                      Bay Aquatic preserve are commonly the red algae, Gracilaria and Laurencia which
                      seasonally peak in abundance and concentration from July to December.

                      8. PHYTOPLANKTON

                      Phytoplankton are microscopic, floating algae. Their contributions to the estuarine
                      productivity and food chain is often overlooked because of their microscopic size
                      and seasonality. Diatoms and armored flagellates comprise the major abundance
                      and diversity of the phytoplankton. Together with the benthic (bottom) and
                      epiphytic (attached) algae, phytoplankton are essential to zooplankton, the larval
                      life stages of crustaceans and fish species, and filter feeding mollusks, such as
                      clams and oysters.

                      Productivity of the phytoplankton community is seasonal with different species
                      assemblages resulting from changes in temperature, day length, water quality and
                      clarity, nutrient balance and grazing pressures. Imbalances in these factors result
                      in algae blooms including the notorious red tide.              Although phytoplankton
                      productivity is on the average, one sixth of macrophytic production system wide,
                      its productivity is directly available often at critical periods in consumers' life cycles.
                      In combination with bacteria and saprophytes, the epiphytic microflora mediate the
                      productivity of mangroves, seagrass and salt marsh plants by converting their
                      detrital biomass to nutritive forms digestible by animals.

                      The importance of this less apparent plant community should not be
                      underestimated in evaluating the factors important to estuarine and marine fisheries
                      of the Lemon Bay Aquatic Preserve.

                      B. DESIGNATED SPECIES

                      The Florida Game and Freshwater Fish Commission (1987) compiles the official list
                      of endangered flora and fauna in Florida. Table I lists endangered, threatened, and
                      species of special concern which are found in the preserve (Drew and Schomer,
                      1984).

                                                                  46

                  For management of designated plant species in the aquatic preserve, the Florida
                  Department of Agriculture and Consumer Services (list published in Preservation
                  of Native Flora of Florida Act, Section 581.185.187, F.S.) is the primary reference
                  source. For management of designated animal species in the aquatic preserve, the
                  Florida Game and Fresh Water Fish Commission (19st published in 29-27.03-05,
                  F.A.C.) is the primary reference source.

                                                         TABLE 1

                               DESIGNATED SPECIES KNOWN TO OCCUR IN OR
                      TO BE DEPENDENT UPON THE LEMON BAY AQUATIC PRESERVE.

                  COMMON/SCIENTIFIC NAME                                           STATUS
                                                                     FGFWFc2            FDA 3      LSRA4S'

                  PLANTS

                  Golden leather fern                                                     E
                         Acrostichurn aureum
                  Giant leather fern                                                      T
                         A. danaeifolium
                  Satin leaf
                         ChNsoghyllum olivaeforme

                  FISH

                  Common snook                                          SSC
                         Centropomus undecimalis

                  AMPHIBIANS AND REPTILES

                  American alligator                                    SSC                         T(S/A)
                         Alligator mississippiensis
                  Atlantic loggerhead                                   T                           T
                         Caretta caretta caretta
                  Atlantic green turtle                                 E                           E
                         Chelonia mydas mydas
                  Atlantic ridley                                       E                           E
                         Legidochelys keMDi

                                                             47

                                                       TABLE 1 (cont.)

                     COMMON/SCIENTIFIC NAME                                           STATUS
                                                                        FGFWFC2           FQA3      LZRAe

                     BIRDS

                     Roseate spoonbill                                     SSC
                             AL& @&La
                     Snowy plover                                          T                          UR
                             Charadrius alexandrinus tenuirostris
                     Piping plover                                         T                          T
                             C. melodus
                     Little blue heron                                     SSC
                             Earetta caerulea
                     Reddish egret                                         SSC                        UR
                             E. rufescens
                     Snowy egret                                           SSC
                             E. thula
                     Tricolor heron                                        SSC
                             E. tricolor
                     American oystercatcher                                SSC                        E
                             Haematogus palliatus
                     Bald eagel                                            T                          E
                             Haliaeetus leucocel2halus
                     Wood stork                                            E
                             Mycteria americana
                     Brown pelican                                         SSC
                             Pelecanus occidentalis
                     Least tern                                            T
                             Sterna antillarum

                     MAMMALS

                     Chadwick beach cotton mouse                           E                          UR
                             Peromyscus gossypinus restrictus
                     Florida mouse                                         T
                             Peromyscus floridanus
                     Sherman's fox squirrel                                T                          UR
                             Sciurus niger shermani
                     West Indian manatee                                   E                          E
                             Trichechus manatus latirostris

                                                               48

                         E        =   Endangered
                         T(S/A)   =   Threatened Due to Similarity of Appearance
                         T        =   Threatened
                         SSC      =   Species of Special Concern
                         UR       =   Under review for federal listing.

                         2. Florida Game and Freshwater Fish Commission (list published in Section
                         39-27.003-005, F.A.C.)

                         3. Florida Department of Agriculture and Consumer Services (list published
                         in Preservation of Native Flora of Florida Act, Section 581.185-187, F.S.)

                         4. - United States Fish and Wildlife Service (list published in List of
                         Endangered and Threatened Wildlife -and Plants, 50 CRF 17.11-12).

                  Citizens of the Lemon Bay area are helping to monitor the number of Manatees in
                  the preserve. Manatee Sighting Data Sheets have been. prepared by the American
                  Littoral Society/ Englewood Branch. The data sheets are being used by concerned
                  citizens and high school students to record the number, location and conditions of
                  manatees sighted in the area. The data is forwarded to Mote Marine Laboratory
                  in Sarasota and DNR's Marine Research Institute to assist with on-going manatee
                  research. The Lemon Bay High School students also track the data and keep an
                  up-to-date visual display of the information.

                  A list of the species of plants and animals found in the aquatic preserves in
                  southwest Florida can be obtained from the DNR Southwest Florida Aquatic
                  Preserves Office. More detailed, site specific data for the Lemon Bay Aquatic
                  Preserve will be available upon completion of pending resource inventories.

                  The biological communities in the Lemon Bay Aquatic Preserve are unique and
                  diverse. The communities are interrelated and a change in one will directly or
                  indirectly cause changes to the other communities. The detailed inventory is need
                  to compare future changes in the composition and extent of the communities,
                  positive and negative, to.

                  The area was designated as an aquatic preserve for the purpose of maintaining and
                  protecting these biological resources in essentially natural conditions for the benefit
                  of present and future generations. A discussion of the cultural resources affecting
                  these biological resources follows.

                                                            49

                     PART 111111: CULTURAL RESOURCES

                     A. INTRODUCTION

                     The biological and physical resources of the preserve affect, and are affected by
                     human activities, past and present. In the past, saltwater fisheries, freshwater
                     drinking supplies and a variety of wild game food sources attracted cultures to the
                     area. Today, the natural resources, recreational opportunities and aesthetics
                     associated with Lemon Bay also attract residents, tourists and commercial interests.
                     The resources of the bay form the support of the economic base of the area.

                     The archeology, history, existing land use, existing use of the natural resources,
                     future land and resource use, and potential future concerns are described below
                     as they relate to the other resources of the preserve and the management
                     decisions that follow.

                     B. ARCHEOLOGY

                     The lengthy time period and sparse settlements of prehistoric indian cultures in the
                     Lemon Bay area are reflected in the number of local archeological sites. There are
                     34 archeological sites in and adjacent to the Lemon Bay Aquatic Preserve in
                     Sarasota and Charlotte Counties, including 27 shell middens, 3 burial sites and
                     mounds and I artifact scatter.

                     The first humans in the Lemon Bay area were the nomadic hunting and foraging
                     Paleo-Indian peoples, from 12,000 to 6,500 B.C. The natural resources of the area
                     were different at that time; the sea level was 100 feet lower, the uplands were
                     covered with savannah and grasslands and fresh water was hard to find. The
                     Paleo-Indian populations were small and they moved between water sources,
                     hunting large and small game including: mammoths, horses, deer, tortoises and
                     sloths. Small groups would use large tracts of land to support themselves, leaving
                     behind small riverside camp sites of artifacts and simple stone tools.

                     The next group of people in the area had to adapt to a drier climate, a higher sea
                     level, hardwood forests, fewer large mammals and increasing population numbers.
                     This was the Early Archaic period from 6,500 to 5,000 B.C.. This culture began to
                     utilize different food sources of hardwood nuts, freshwater snails and oysters.

                     Social patterns changed in response to food supplies. At times the populations
                     would break into small family units and at other times they would gather together
                     in large groups. The archaeological sites associated with the congregated groups

                                                              50

                  are large, located near limestone and chert quarries and contain many, more
                  advanced tools designed for a variety of activities.

                  The Middle Archaic period, from 5,000 to 3,000 B.C., is characterized by hunting
                  camps, central base villages - such as Little Salt Springs, longer residence times
                  and increased woodworking tools. The climate became wetter and the vegetation
                  gave way to pine forests. At this time, about 4,000 B.C., the large shell middens
                  began to accumulate along the rivers. The presence of the middens indicates that
                  significant numbers of people began to live on the coasts, at least for parts of the
                  year.

                  Manufactured and fired clay pottery first appeared in the Lemon Bay area during
                  the Late Archaic period, from 3,000 to 1,000 B.C. This time was followed by an
                  important transition period from 1,2bo to 500 B.C.. During this time the hunting and
                  foraging Archaic cultures transitioned into regional, agricultural cultures along the
                  coasts, leaving the interior forests relatively unpopulated. They showed increased
                  cultural interactions within and beyond the Florida peninsula.           With larger
                  populations, they left behind dense village middens.

                  From 500 B.C. to 200 A.D., the Deptford culture inhabited the Lemon Bay area,
                  creating distinctive pottery and utilizing coastal resources such as fish, shellfish,
                  deer, plants and other wild food. Occasionally groups would move inland up the
                  river valleys to gather specific food supplies such as nuts, berries and other river
                  valley products. This movement made trade and cultural contact possible with
                  noncoastal cultures. These sites are rarely deeply stratified or large which indicates
                  that the populations were small or the sites were inundated by sea water. The
                  coastal villages were nearly always located in live-oak, magnolia hammocks
                  adjacent to salt marshes, providing the food source of live oak acorns and sabal
                  palmberries.

                  Around 1 A.D., changes occurred in the Lemon Bay area to the Deptford culture
                  which did not occur in other locations. The changes appear to have been
                  motivated by the coastal location and corresponding ability to facilitate trade
                  exchange with the Gulf coastal plain cultures, the woodland people of the north and
                  the south Florida people. This Manasota culture of the Lemon Bay area, from 500
                  B.C. to 800 A.D., lived directly on the coast or the coastal flatlands, had increasing
                  population numbers and plain pottery. They hunted deer, raccoon, bear, opossum
                  and other small mammals; collected a variety of shellfish, marine fish and turtles
                  and plants; and cultivated squash and corn. Later, the populations began to move
                  inland from the coast to areas more suitable for horticulture, where they established
                  ceremonial centers and villages.

                  Following the Manasota period, the Weeden Island culture occupied the Lemon Bay
                  area until about 1400 A.D.. At that time, the Safety Harbor culture had been

                                                           51

                     established from Tarpon Springs south to Sarasota, including the Lemon Bay area
                     at its southern limits. The culture was more complex, leaving behind at least
                     thirteen mound-village complexes, concentrated around Tampa Bay. They used
                     some of the social and political ideas from the Mississippian cultures, but rejected
                     the intensive agriculture ideas that weren't suitable for the southwest Florida region.
                     This culture was associated with the Tocobaga Indians who were met by the
                     Spanish explorers of the 1500's.

                     C. HISTORY

                     From the Safety Harbor Culture, the group of Tocobaga Indians developed and
                     were living in the. Lemon Bay area when the Spanish explorers arrived during the
                     sixteenth and seventeenth centuries. Although the Spanish contact with the indians
                     was limited, it brought European diseases to the Tocobagas which rapidly
                     decimated the populations. In addition, during the 1560's, warfare occurred
                     between the Tocobaga and the Calusa for control of villages in the Lemon Bay
                     Area. The fighting was part of the Calusa expansion into the sparsely occupied
                     lands south of the Safety Harbor center at Tampa Bay.

                     In 1513 when Ponce de Leon first encountered Florida, the Calusa Indians
                     controlled an area from north of Charlotte Harbor south to Cape Sable and from
                     the Gulf of Mexico west to Lake Okeechobee, including Lemon Bay and all the
                     other Southwest Florida.Aquatic Preserves. The barrier islands of the preserve
                     were visited by explorers in 1513, 1521, 1528, 1539 and 1566.

                     Pirates, buccaneers and freebooters frequented the Lemon Bay islands and
                     coastlines during the eighteenth and nineteenth centuries.

                     Cuban fisherman and settlers utilized the Lemon Bay area during the 18th Century
                     for seasonal fishing and cultivating citrus fruit on the mainland. The settlers often
                     used the high ground created by Indian mounds as building sites, leaving their own
                     china and pottery artifacts in the upper layers of the mounds.

                     The major historical and development events of the next 170 years were as follows:

                     In 1821 Florida became an American territory. The Tocobaga and Calusa were
                     extinct, replaced by the Seminoles, who were scheduled to be moved west of the
                     Mississippi River by the federal government.

                     In 1835-42 and 1855-58, the Second and Third Seminole Wars took place,
                     respectively.

                                                                52

                  On March 3, 1845, Florida became a state and the Lemon Bay area first became
                  part of St. Johns County, then Hillsborough County and finally Manatee County.

                  In 1878 the first documented American settler established the Goff homestead.

                  In 1886 the Florida Southern Railroad brought wealthy tourists to the Lemon Bay
                  area, and delivered fish, timber and turpentine to northern markets from the area
                  waters and uplands.

                  In 1887 Desoto County was split from Manasota County.

                  From 1893 to 1896, the Nichols Brothers moved to the area and established the
                  Town of Englewood on Lemon Bay.

                  During the late 1890's and early 1900's, commercial fishing was a primary
                  economic force in the Lemon Bay area, especially in Englewood. During that time,
                  more than a million pounds of fish, mostly mullet were shipped out of the Lemon
                  Bay area each year.

                  In 1921 Charlotte and Sarasota Counties were divided from DeSoto County.

                  In 1925 the community of Englewood acquired a hardware store, post office,
                  casino, town hall and fish house.

                  In the 1920's and 1930's the Bass Laboratories pioneered the field of Marine
                  Biology in New Port, operating a biological
                  supply house, using Lemon Bay's abundant fauna and flora.

                  In 1940 the commercial fish house at Gasparilla Village on Gasparilla Island was
                  moved to the mainland in Placida, where it operates today as the main commercial
                  fish house for lower Lemon Bay and Gasparilla Sound.

                  In the 1930's to 1950's, commercial fishing, agriculture, low intensity tourism and
                  excellent sport fishing were the principle activities in the Lemon Bay Area.

                  In 1955 the first building in Port Charlotte was built by General Development
                  Company on the 80,000 acres they had purchased.

                  In 1958 Punta Gorda Isles, a development with an extensive salt water canal
                  system, began construction. The city of Punta Gorda annexed each phase of the
                  development as it was completed, resulting in a five fold increase in the- size of the
                  city.

                  Between 1930 and 1980, Punta Gorda, Port Charlotte and coastal residential
                  development expanded in the Lemon Bay area. The barrier island beaches and

                                                           53

                     estuary waters became, and continue to be, the principle recreational destinations
                     for the residents of Sarasota and Charlotte Counties and out-of-state winter tourists.
                     The population of the Lemon Bay area expanded 1500% during that time.

                     In 1971 the Lemon Bay Conservancy was formed as a non-profit citizens
                     organization for the preservation, protection and acquisition of important natural
                     areas of Lemon Bay.

                     In 1986 Lemon Bay      was designated as an aquatic preserve in a significantly
                     suburbanized area, which continues to- develop at a rapid rate.

                     In 1988 the first annual Lemon Bay Conference was held to inform and involve
                     citizens in the protection of Lemon Bay resources.

                     The current and future land and water uses of the Lemon Bay Aquatic Preserve and
                     adjacent areas are described in the following sections.

                     D. EXISTING ADJACENT LAND USE

                     Human activities located directly on the Lemon Bay shoreline as well as in the land
                     area draining to the bay affect the health of the biological resources of the bay.
                     Activities along the shore can directly destroy shallow water vegetation and habitat
                     in the estuary. Upstream activities can degrade complimentary biological habitats
                     in the streams, plus carry pollutants and sediment into the estuary, degrading water
                     quality.

                     The more intensely the adjacent and watershed (drainage area) land is used, the
                     greater the potential is for sediment, nutrients, bacteria, metals and other toxic
                     materials to be carried into the bay with runoff from city streets, shopping center
                     parking lots, fertilized suburban lawns and septic systems.

                     1. DESCRIPTION OF THE WATERSHED

                     Lemon Bay is 13 miles long. The watershed draining into the bay and its 7
                     adjacent tidal creeks is 16 miles long, extending from the headwaters of Alligator
                     Creek northeast of South Venice, south to Placida. The drainage area is 6 miles
                     wide at its widest, near Oyster Creek south of Englewood. It narrows to less than
                     .5 mile wide at Placida.

                     Including the barrier islands on the west and the drainage area of the creeks to the
                     east, the area of the watershed is about 73 square miles (46,720 acres). The exact
                     boundaries of the watershed are difficult to delineate due to the flat, wetland
                     topography and the large number of artificial drainage canals that have been
                     created.

                                                              54

                 The natural boundaries of the bay and watershed cross the political boundaries of
                 the Sarasota/Charlotte County line. The bay itself has an area of about 12 square
                 miles (7,667 acres), of which the southern 3/4 is in Charlotte County and the
                 northern 1/4 in Sarasota County. However, because of the shape of the bay, the
                 shoreline, totalling over 40 miles, is more equally distributed between counties. Of
                 the total shoreline miles of the bay, about being 55% are in Charlotte County and
                 45% are in Sarasota County (22 and 17 miles, respectively). Surprisingly, only 1/3
                 of the watershed area (24 square miles/1 5,360 acres) is located in Charlotte
                 County, with the remaining 2/3 (49 square miles/31,360 acres) in Sarasota County.
                 Therefore, even though a quick glance at the nautical chart gives the impression
                 that Lemon Bay is located mostly in Charlotte County, a closer look at the
                 watershed shows that both counties share in the responsiblity for managing the
                 tributary resources.

                 Additional note: The following land use estimates are based on available county
                 statistics, air photos and a cursory watershed survey conducted by DNR staff in
                 May 1991. In some cases, as indicated, the numbers relating to the Lemon Bay
                 watershed are extrapolated from county data based on the percent of the county
                 that falls within the watershed. For Charlotte County, 3% of the county area falls
                 within the Lemon Bay watershed. For Sarasota County, 9% of the county area is
                 within the watershed.

                 2. GENERAL WATERSHED LAND USE

                 The shoreline land use of the mainland and barrier islands adjacent to the bay is
                 currently about 2/3 developed in urban, residential and commercial uses. The
                 remaining third of the shoreline is in vegetated, natural condition. The percent of
                 the shoreline that is developed is the same in both counties, but Charlotte County
                 has a slightly greater number of urban shoreline miles in the aquatic preserve than
                 Sarasota County (about 15 miles and 11 miles, respectively).

                 The watershed land use is overall less densely developed than the shoreline. Of
                 the total watershed, about 24 square miles (15,460 acres) or 1/3 is in urban use.
                 The remaining 2/3 of the area is in rural land use. The rural areas are located in
                 the eastern watershed, south of US 41 and east of SR 776/SR 775 to the tributary
                 headwaters. Of the 49 square miles of rural land, over 3/4 of it is in agricultural
                 use, almost exclusively of pasture and woodland. A significant amount of the
                 pasture and woodland falls in wetlands.

                 The urban/residential/commercial areas are concentrated in the western
                 watershed, between the Lemon Bay shore and the SR 776/SR 775 corridor and
                 north of US 41. As much as 90% of the watershed population lives in this area.
                 These dense urban areas are located in the most biologically sensitive mangrove
                 and salt marsh estuarine shoreline and tidal creek areas of the preserve and the

                                                         55

                     watershed. The combination of the intensity of the land use and the sensitivity of
                     the resources causes the majority of the watershed's adverse habitat impacts to
                     originate in these urban areas.

                     The population in 1990 for Charlotte County was 110,385 and for Sarasota County
                     was 277,776. Extrapolating from the percent of each county falling within the
                     watershed, the watershed population is about 28,000 permanent residents. Winter
                     residents increase the population by 30% during January, February and March,
                     along with the addition of the out-of-state tourists. Of the overall watershed
                     population, approximately 25,000 people live in the urban areas adjacent to the
                     aquatic preserve.

                     3. LAND USES IN THE URBAN AREA OF THE WATERSHED

                     Because the urban areas generate the majority of the adverse resource impacts
                     and are located closest to the aquatic preserve, they are described with additional
                     detail here. The major categories of urban land uses in the watershed include:
                     single family residential, multi family residential, commercial, public recreation and
                     preservation. These land use categories are used to make management decisions
                     affecting the aquatic preserve, including the determination of the management areas
                     described in Chapter IV of this plan. The related, less extensive urban uses
                     include: wastewater treatment, artificial canals and transportation.

                            a) Single Family Residential: This category includes single family houses,
                            manufactured homes and mobile homes. The houses can be located close
                            together or far apart, giving relatively low, medium or high densities. The
                            higher the housing density is, the greater the area of roof and street surfaces
                            is which is impervious to infiltration and filtering of stormwater. Larger areas
                            of impervious surfaces cause greater volumes and rates of stormwater
                            runoff, erosion and pollutant loads to receiving waters.

                            There are more than 46 single family housing areas in the urban areas of the
                            watershed. Thirteen single family housing areas are located on the barrier
                            islands. Commonly the houses are less than 20 years old, built on cement
                            slabs and have grass ditch stormwater conveyance systems. Slightly over
                            half (24) have relatively moderate housing density, 1/4 (12) have high
                            density and 1/4 (10) have low density. The high density areas include the
                            central parts of Englewood, South Venice and Grove City, as well as Point
                            of Pines south of Englewood, Manasota Key near the Tom Adams bridge
                            and parts of Little Gasparilla Island.

                            b) Multi Family Residential: This category includes apartment and
                            condominium complexes and clusters of rental cottages. There are at least
                            22 multi family areas in the urban areas of the watershed, with at least 7

                                                               56

                         located on the barrier islands. They are gen erally less than 20 years old and
                         have large amounts of impervious roof top and parking areas. Two thirds
                         (14) of the multi family residential areas are high density, 6 are medium and
                         2 are low density. The low density areas are rental cottages along the bay
                         by Englewood and in the central part of Manasota Key. The high density
                         areas include: Manasota Key near the end of the Tom Adams Bridge;
                         Manasota Key along Manasota Key Road north of the Tom Adams bridge;
                         along SR 776 north of Englewood and parts of Little Gasparilla and Knight
                         Islands.

                         c)   Commercial:      This category includes central business districts,
                         commercial strip shopping areas, hotels/motels/restaurants, commercial fish
                         houses - and marinas. Almost all of the surfaces of commercial areas are
                         impervious to stormwater runoff and have higher levels of pollutants
                         associated with the parking areas. There are at least 48 commercial areas
                         of different sizes in the watershed. At least 9 are located on the barrier
                         islands. Twenty of the commercial areas are associated with marinas, at
                         least 1/3 of which have lodging and/or restaurants associated with them.
                         Marinas have the added potential problems associated with fueling and
                         sewage pump-out facilities.

                         There are 5 major commercial centers in the watershed, including:
                         Englewood along SR 776/SR 775, Grove City along SR 775; Merchants
                         Crossingat the junction of SR 775 and SR 776; Manasota Key at the end of
                         the Tom Adams bridge and US 41 north of the junction of SR 775. The 20
                         commercial strips vary in size one convenience store to over a city block
                         long. They follow the SR 775, SR 776 and US 41 road corridors, especially
                         north of Placida, north of Englewood and east of the SR 775/SR 776
                         junction.

                         d) Public Recreation: This category includes upland areas used by the
                         general public for recreation at no charge as well as federal, state, county
                         and municipal parks that charge a nominal fee. There are 7 county and
                         state recreation areas adjacent to the aquatic preserve. There are 5
                         beach/water access parks, four of which are located on the barrier islands.
                         The three Sarasota County parks are Manasota Beach (about 5 acres), Blind
                         Pass Beach (63 acres) and Indian Mound Park. The two state recreation
                         areas are Port Charlotte Beach (213 upland/32 submerged acres) and Don
                         Pedro (165 acres). Of the 3 public boat ramps, all are operated by the
                         county and 1 is located on the barrier island. Manasota Key boat ramp (1
                         ramp) and Indian Mound Park (1 ramp) are owned by Sarasota County and
                         Lemon Bay boat ramp (1 ramp) is owned by Charlotte County. Additionally,
                         Englewood Beach Charlotte County Park is located on Manasota Key, but
                         accesses the gulf only.

                                                           57

                            e) Preserves: This category includes publicly and privately owned lands
                            set aside for preserves. The current preserve list within the aquatic preserve
                            is small, only 4 mangrove islands totalling less than .5 square mile. They are
                            located just off the southeast shore of Manasota Key. The two larger islands
                            are state owned, the two smaller ones are owned by The Nature
                            Conservancy.

                            There are 2 areas currently being proposed for public nature parks. These
                            include a 23 acre parcel in Sarasota County between Englewood and
                            Buchan Airport and an 88 acre parcel in Charlotte County between
                            Englewood and Grove City. Both parcels are adjacent to the aquatic
                            preserve. The Sarasota County parcel is. a mangrove swamp and coastal
                            hammock surrounded by pine flatlands and is currently in private ownership.
                            Charlotte County is in the first of three years of purchasing their parcel from
                            a private trust organization. The 'parcel is quality salt marsh habitat housing
                            several listed species including gopher tortoises and eagles.

                            f) Wastewater Treatment: Wastewater is commonly treated by regional
                            treatment plants, smaller privately owned franchise systems and septic
                            systems. There are no regionally operated treatment plants within the
                            watershed. There are approximately 39 smaller franchise wastewater
                            treatment systems.in the watershed, with 25 in Charlotte County and 14 in
                            Sarasota County.       They are associated with single and multi family
                            residential and commercial areas. The privately owned treatment systems
                            frequently do not have a full time licensed' operator and commonly do not
                            upgrade the equipment or size of the system when needed due to lack of
                            operating funds.

                            Septic systems are common in the watershed, with Charlotte County having
                            40,000 and Sarasota County having 45,000. Extrapolating based on the
                            area of each county in the watershed, there are approximately 5,250 septic
                            systems in the watershed. The sandy soils are often unsuited for effective
                            sepfic system operation due to shallowness to limestone bedrock or lenses
                            of wet, mottled clay soils.

                            The nutrients and bacteria from inadequately treated wastewater is carried
                            to surface and ground water, contributing to water quality degradation and
                            potential health problems. Portions of Lemon Bay have already been closed
                            to shellfish harvesting due to elevated fecal coliform bacteria levels.

                            g) Artificial Canals: The natural drainage patterns of the Lemon Bay shore
                            and tributary creeks have been altered to create extensive systems of
                            artificial Canals and associated filled upland areas, primarily for residential
                            use. The major areas with canals include: the mouths of Lemon, Buck,
                            Oyster, Ainger and Forked Creeks and Lemon Bay near Englewood and

                                                               58

                       parts of Venice Gardens. The canals remove natural submerged and
                       emergent vegetation and habitats, disrupt groundwater flows, serve as a
                       conduit for septic system leaching and stormwater runoff to reach surface
                       waters and alter upland hydrology, making it easier for exotic plant species
                       to out compete native species.

                       h) Transportation: The major roadways in the watershed include the
                       north/south SR 776/SR 775, Manasota Key Road and River Road/CR 777,
                       along with the east/west SR 776 and US 41. Together, they total about 54
                       miles of roadway within the watershed. Buchan Airport is less than .25
                       square miles in size and is located between Englewood and South Venice.
                       The large areas of impervious road surface need proper stormwater
                       management and hydrologic design to avoid contaminated runoff water from
                       reaching surface waters and disruption of natural ground and surface water
                       flow patterns.

                 E. EXISTING USES OF AQUATIC PRESERVE RESOURCES

                 The natural resources of the Lemon Bay Aquatic Preserve provide many types of
                 recreational and commercial uses for the area residents, winter residents and
                 visiting tourists. The 388,000 Charlotte and Sarasota County residents, together
                 with thousands of part-time residents and tourists use Lemon Bay for recreational
                 boating and fishing, swimming and enjoying the aesthetics of the area. The natural
                 resources provide a large part of the area's economic base and make the area
                 special.

                 As a measure of the use of the preserve, information is provided below on levels
                 of recreational and commercial boating, recreational and commercial fishing, single
                 and multi family docks and miscellaneous commercial and utility uses. The data
                 was compiled from available county statistics, DNR boating and fishing license data
                 and a DNR field survey of water related uses of the preserve conducted in April
                 1990.

                 1. RECREATIONAL AND COMMERCIAL BOATING

                 A major activity in the preserve is boating, both commercial and recreational, for
                 fishing, aesthetics and some water skiing. As a measure of the boating use of the
                 preserve, the number of boat registrations in the area was obtained from the DNR
                 Division of Law Enforcement files. In the 1989/90 year 31,079 boats were
                 registered in Charlotte and Sarasota Counties. Charlotte County registered 13,852
                 boats, including 13,213 pleasure and 639 commercial boats. Sarasota County
                 registered 17,227 boats, of which 16,756 were pleasure and 471 were commercial.

                                                         59

                     Extrapolating for percent of each county within the watershed, the boats registered
                     in the watershed area are about 2,000, 97% of which are for pleasure and 3% are
                     for commercial use. In reality, the annual boating use of the aquatic preserve
                     probably falls closer to the county total due to the large number of boats that come
                     into the bay from outside areas. It is clear that most of the use is for private,
                     pleasure boating.

                     Potential problems associated with high levels of boating in the preserve include:
                     significant propeller dredging of the extensive shallow seagrass areas, fuel spills,
                     anti-fouling paint contamination and illegal open water sewage pump-outs.

                     2.  RECREATIONAL FISHING

                     Recreational fishing for snook,    sea trout and redfish, as well as snapper and
                     sheepshead, is a popular activity in Lemon Bay. License sales at the state level
                     and support services at the local level provide an important source of revenue.
                     Based on DNR Division of Law Enforcement data, the 1990 saltwater sport fishing
                     license sales were as follows. For Charlotte County, 22,347 licenses were sold at
                     a total cost of $437,791. Of these, 11,938 were resident 1 year and 10 day licenses
                     and 10,409 were non-resident 1 year and 7 day licenses. For Sarasota County,
                     30,565 licenses were sold for $535,341. Of these, 18,674 were resident and 11,891
                     were non-resident.

                     Extrapolating from the county figur es, an estimated watershed total saltwater sport
                     fishing license sale would be about 3,425, 60% of which would be resident and 40%
                     would be non-resident. The sales would generate about $61,000. The cost of the
                     supporting bait, tackle and beverage.$ales is also important locally, but is very
                     difficult to estimate.

                     Potential problemsassociated with recreational fishing include monofilament fishing
                     line left in the mangrove fringes that entangles birds and fish and boat propeller
                     scarring of seagrass beds.

                     3. COMMERCIAL FISHING

                     The primary commercial fish for Lemon Bay is mullet, along with some jack crevalle.
                     The area is also an important regional clam fishing area, especially during the winter
                     months. The areas of the bay open to shell fishing include: from the Boca Grande
                     bridge north to navigation marker #27 on both sides of the Intracoastal Waterway;
                     from marker #27 north to marker #19A on the west side of the Intracoastal
                     Waterway; and north of marker #28A to marker #36, west of the Intracoastal
                     Waterway. Shrimp are not commercially harvested in the bay, but some bait shrimp
                     fishing does occur. A commercial fish processing house is located at Placida.

                                                               60

                 The level and success of commercial fishing in the area varies greatly by year.
                 According to available National Marine Fisheries Service (NMFS) data, the number
                 of regular and part-time commercial fishing licenses, the number of pounds of fish
                 landed and the value of the landed fish varies greatly each year, partly depending
                 on the market value of the species.

                 The most recent, available NMFS data from 1986 showed the following information.
                 In Charlotte County, 3,542,000 pounds of fin and shellfish were landed with a value
                 of $1,705,000. Of this, 3,241,000 pounds were finfish and 301,000 pounds were
                 shellfish. For Sarasota County, 607,000 pounds of finfish plus 19,000 pounds of
                 shellfish were harvested for a total of 626,000 pounds worth $206,000.

                 Extrapolating the county data to the watershed area estimates that about 162,500
                 pounds of fin and shellfish were harvested in the Lemon Bay watershed in 1986
                 with a value of $69,500. Of the total pounds harvested, over 90% were finfish.

                 4. SINGLE FAMILY WATERFRONT STRUCTURES

                 Another common use of the preserve resources is related to single family waterfront
                 structures. The shoreline of Lemon Bay is highly urbanized, largely for residential
                 use. Docks, boat slips, boat houses and decks are common along the waterfront.

                 Based on the April 1990 DNR survey, there are 1,020 single family docks within the
                 Lemon Bay Aquatic Preserve, plus an additional 600 in artificial canals connected
                 to aquatic preserve waters. Boat slips number 1,956 in the preserve, with 1,716
                 more in connected canals. There are about 118 covered boat houses, 29 decks
                 and 1 residential structure along the shore. A large total area is also sea walled or
                 rip rapped, and 238 sites have mangrove fringe cuts.

                 Potential problems associated with this high number of waterfront structures are:
                 loss of mangrove habitat along the shores; degradation of seagrass beds due to
                 propeller scarring and shading from docks; increased stormwater runoff from lack
                 of infiltration areas and loss of aesthetic value.

                 S. MULTIFAMILY WATERFRONT STRUCTURES

                 Multi family apartments, condominiums and yacht clubs are common in the
                 preserve along the bayshore and on the barrier islands. The total number of multi
                 family docks in 1990 survey of the preserve was over 53, with over 385 boat slips.

                 The same habitat problems associated with single family docks also apply to multi
                 family docks. However, in some cases, depending on the site, there may be less'
                 adverse habitat impacts from 1 multi family, multi slip dock than with many
                 individual docks in the same area.

                                                           61

                     6. COMMERCIAL USES

                     The major commercial uses of the preserve are the docks and boat slips
                     associated with marinas, restaurants and resorts. There are over 110 commercial
                     docks in the preserve, with over 1,500 slips. There is also a commercial outboard
                     engine testing facility adjacent to the preserve which commonly uses the bay waters
                     to run its engine test boats in. Concentrations of boats at marinas increase the
                     potential for fuel and sewage pollutants to be discharged into bay waters. Dry
                     storage boat slips upland from the marinas help alleviate the need for expansion
                     of existing,dock and wet slip areas into sensitive habitat areas.

                     7. MISCELLANEOUS UTILITY USES

                     The miscellaneous uses of the preserve waters and submerged lands include 30
                     stormwater discharge outfalls, 11 telephone and power utility crossings and 10
                     barge and ferry crossings. The stormwater discharges cause acute and chronic
                     water quality and habitat impacts at the outfall point and in adjacent waters. Barge
                     and ferry traffic in the shallow Lemon Bay waters can increase turbidity which
                     degrades seagrass beds and fish spawning and nursery habitats.

                     8. SWIMMING

                     Swimming and other beach front recreational activities are provided at the 5 county
                     and 2 state recreation areas in the preserve. The numbers of people who use
                     these low impact facilities are not possible to calculate in the context of this
                     management plan.

                     F. FUTURE USES OF THE AQUATIC PRESERVE AND WATERSHED

                     Protecting the natural resources of the Lemon Bay Aquatic Preserve requires
                     proper planning of future activities in the preserve and its adjacent watershed. Well
                     thought out future use planning can balance the numerous public and private
                     demands for decreasing space from increasing population numbers, while still
                     assuring that sensitive resources in critical locations are set aside for non degrading
                     uses. A comprehensive approach and a cooperative public/private, inter-agency
                     effort is essential for the success of future land use and natural resource
                     management affecting the Lemon Bay area.

                     In the following paragraphs, future use of the preserve resources is projected from
                     population, boat registration and fishing license numbers. Future land uses of the
                     nearshore and watershed areas are interpreted from available Charlotte and
                     Sarasota County Comprehensive Plans. Finally, concerns that have the potential
                     to impact the aquatic preserve resources in the future are summarized.

                                                               62

                 1. FUTURE USES OF PRESERVE RESOURCES

                         a) Increasing Population: Based on Southwest Florida Regional Planning
                         Council information, the populations of both Charlotte and Sarasota Counties
                         will increase by 21% in 2000 and in 2010 by 44% and 39% respectively. In
                         20 years there will be an additional 156,500 people in the two counties. The
                         Lemon Bay watershed will have about 39,600 permanent residents by 2010.
                         These people will be concentrated in the urban areas between the Lemon
                         Bay shore and SR 776/SR 775, where the sensitive natural resources are
                         also concentrated. There will also be additional winter residents and tourists.

                         b) Additional Boats: Based on 1990 DNR boat registration information
                         and using the existing ratio of boats per person for each county, there will
                         be an additional 112,950 boats,. a 41% increase, registered in Charlotte and
                         Sarasota Counties in 2010. With 1 boat per 8 people in Charlotte County
                         and 1 boat per 16 people in Sarasota County, the number of boats in the
                         watershed by 2010 is estimated to be 2,770. There will be a corresponding
                         need for additional boat ramps and slips.

                         c) More Fishing: Also using DNR saltwater fishing license data and the
                         current ratio of licenses per person for each county, there will be an
                         additional 12,838 resident saltwater fishing licenses issued in Charlotte and
                         Sarasota Counties in 2010. That is a 42% increase in the next 20 years,
                         from the 30,595 resident licenses sold in 1990. Extrapolating from county
                         data, the watershed will have 2,850 licensed anglers in 2010.

                         d) Additional Waterfront Structures: With the increases in population and
                         current development trends, the number of houses in the area will also
                         continue to grow. Existing and future, single and multi family housing
                         located on the bayshore and tributary creeks will bring some increase to the
                         number of private docks, boat slips and stabilized shorelines. It is not
                         possible to estimate the number of these waterfront structures in the context
                         of this aquatic preserve management plan. However, the future extent of the
                         structures will depend largely on the land use and resource management
                         decisions made by the local governments and state agencies.

                  2. FUTURE LAND USES

                         a) Changes in Land Uses in the Watershed: The Comprehensive Plans
                         for both Charlotte and Sarasota counties have been approved by the
                         respective counties and the Florida Department of Community Affairs (DCA).

                         The future land use map for Ch    arlotte County reflects existing land uses.
                         Any changes in uses will require amendments to the map on a case by case
                         basis, that must be approved by the county and DCA.

                                                            63

                             Sarasota County's Future Land Use Plan Map for 2010 reflects several
                             changes. The map indicates that the urban area will be increased to include
                             all areas west of SR 776/SR 775 and north of US 41, as well as a semi-circle
                             around Englewood to the east. A future urban/ (semi-rural) band parallels
                             the urban corridor to the west. A future urban/(rural) tract is shown near the
                             headwaters of Forked Creek in the east central area of the watershed. The
                             City of North Port will be incorporated to the outskirts of the Englewood
                             urban area, where a 340 acre major employment center is projected to be
                             located. An additional north/south road is shown between SR 776 and River
                             Road, with a future commercial center at it's junction with US 41 in the north.

                             b) Additional Boat Ramps and Slips: Currently in the watershed there are
                             3 boat ramps with parking for 80 cars and 20 assorted marinas with about
                             1,368 wet and dry boat slips. Charlotte County projects by 1994 they will
                             need 3 more boat ramps with 55 more parking spaces, as well as an
                             additional 2,420 boat slips, county-wide.

                             By 2010, Sarasota County projects they will need ramps to handle an
                             additional 228 people per day, a 20% increase, and 1,720 more boat slips,
                             county-wide.

                             As an estimate of potential watershed needs, the county information can be
                             multiplied by the percent of the county within the watershed. This would
                             project a future need for the watershed of 1 additional boat ramp with 17
                             more parking spaces and 228 additional boat slips. Both the parking and
                             the boat slips would cause less adverse impacts to the aquatic resources if
                             they were placed upland of existing waterfront structures, using dry boat
                             storage instead of wet slips.

                     3. POTENTIAL FUTURE CONCERNS

                     To achieve the legislative mandate of the Aquatic Preserve Program - to preserve
                     the aquatic preserve resources for future generations, several considerations need
                     to be included in future decisions concerning natural resource and public land
                     management, as well as private development, in the Lemon Bay watershed. These
                     potential concerns include:

                             a) a decrease in the natural mangrove buffer areas along the bay and
                             tidal creeks, that serve as habitat and buffers, as additional areas are
                             urbanized;

                             b) a decrease in the health and size of seagrass beds and manatee
                             feeding areas as water turbidity, waterfront structures and boat propeller
                             scarring increase;

                                                               64

                       c) a decrease in water quality as stormwater and wastewater from septic
                       systems, franchise treatment systems and boat sewage pump-outs increase;

                       d) an increase in stormwater discharge pollutants reaching the bay and
                       tributaries as additional impervious residential, commercial and roadway
                       areas are built;

                       e) an increase in wastewater discharge pollutants reaching ground and
                       surface waters from additional septic systems, undersized and/or poorly
                       operating franchise wastewater treatment systems and illegal boat sewage
                       pump-outs;

                       f) an increase in the numbers of waterfront structures, docks and
                       shoreline stabilization areas and corresponding habitat loss; and

                       g) an increase in boat propeller scarring of seagrass beds from
                       additional boat traffic in shallow bay areas.

                       h) an increase in the number of requests to dredge dynamic natural
                       inlets as the number of larger draft boats increases.

                These potential problems and associated adverse resource impacts can be
                minimized through well coordinated and thought out management decisions by
                local and state agencies. The next chapter describes the DNR's management
                action plan for the Lemon Bay Aquatic Preserve.

                                                      65

                                                      CHAPTERIV

                                                MANAGEMENT AREAS.

                  A. INTRODUCTION

                  This chapter describes the specific management areas, and their associated
                  allowable uses, that the Lemon Bay Aquatic Preserve has been divided into. The
                  management area classifications are designed to help assist both DNR aquatic
                  preserve managers and other state agency and local government staff with
                  resource management decisions affecting the preserve.

                  The management areas are classified based on a combination of the adjacent
                  upland use and the value of the submerged aquatic resources. The upland uses
                  consider existing and proposed future uses, as given in the county comprehensive
                  plans. The resource values include the biological and habitat values together with
                  the associated cultural values of the natural resources.

                  The allowable uses for each management area classification are based on the
                  general and/or specific rule criteria given in Chapter 18-20 F.A.C.

                  The purposes of this chapter are 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 the aquatic preserve, (3) to provide local planners with a guide for
                  land use decisions, and (4) to provide the staff of the Bureau of Submerged Lands
                  and Preserves and other agencies with a continuity of direction in regards to the
                  management of aquatic preserves.

                  Prior to providing the criteria for specific resource management areas, it is
                  important that the intent, jurisdiction, and limitations of Florida's Aquatic Preserve
                  Program be reiterated. Section 258.36, F.S., states that "it is the intent of the
                  Legislature that state-owned submerged lands in areas which have exceptional
                  biological, aesthetic, and scientific value... be set aside forever as aquatic preserves
                  or sanctuaries for the benefit of future generations."

                  The Aquatic Preserve Program has jurisdiction over the use of state-owned
                  submerged lands within the boundaries of a given aquatic preserve. Activities
                  which occur outside the boundaries of the aquatic preserve (i.e., adjacent upland
                  land uses) or which do not directly affect the state-owned submerged land (i.e.,
                  regulation of commercial fishing or water quality) are not within the jurisdiction of
                  the Aquatic Preserve Program.          However, the Aquatic Preserve Program is
                  designed to complement the natural resource protection and management
                  programs of other state agencies and local governments affecting a given aquatic
                  preserve.

                                                             67

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

                     The Lemon Bay Aquatic Preserve has been classified into 9 different management
                     areas, based on the following guidelines.

                     B. MANAGEMENT AREA CLASSIFICATIONS

                     Similar to land use zoning, dividing an aquatic preserve into management areas is
                     intended to guide future development activities. The management areas are
                     designed to direct future development activities which affect the preserve into areas
                     where they are most compatible with the resources. The management areas: (1)
                     identify areas of public and private uses, and (2) provide standards with which
                     proposed uses and activities must comply.            Through these management
                     classifications, future land use activities can be directed to be consistent with
                     resource protection goals.

                     1. LAND USE DESIGNATIONS

                     Designated or existing 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. The Aquatic
                     Preserve Program has no jurisdiction over the designated use of 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. The designation does serve as a tool in
                     designating compatible uses of the submerged lands in accordance with upland
                     uses.

                     The specific land use categories that are used in classifying the management areas,
                     along with their two letter codes, are:

                            Single-Family (SE): This category represents state-owned submerged
                            lands adjacent to land designated on an approved 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 aquatic preserve solely for
                            private recreational activities.

                                                              68

                         Multi-Family (ME): This category represents state-owned submerged lands
                         adjacent to land designated on an approved future land use map for a
                         county and/or municipality as multi-family residential. It is intended to
                         include areas where more than one private residence are using the adjacent
                         portion of the aquatic preserve solely for private, recreational activities. The
                         associated residences include town houses, trailer parks, condominiums,
                         apartments, and any other group of multi-family dwellings. They may also
                         include a group of single-family property owners, as in the case of a
                         homeowners association, that desires to construct any of the above-
                         mentioned structures for the mutual benefit of the group.

                         Commercial. (91 This category represents state-owned submerged lands
                         adjacent to land designated on an approved future land use map for a
                         county and/or municipality as commercial. The category.is also intended
                         to incorporate uses associated with structures that charge fees or generate
                         revenue. Examples of commercial uses includes marinas that charge fees;
                         yacht clubs that charge membership fees; private businesses such as fish
                         houses; and, establishments such as restaurants.

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

                         Preservation _(?I. This category represents state-owned submerged lands
                         adjacent to land designated on an approved future land use map of a county
                         and/or municipality as preservation. Upland ownership can be either public
                         or private.

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

                  2. RESOURCE VALUE CONSIDERATIONS

                  Classifications of management areas are also derived from the resource value of
                  the state-owned submerged lands adjacent to the upland property. Each area of
                  the submerged bottoms has been given a resource value. The methodology used
                  for determining the resource value is and shall be consistent with the latest
                  procedure approved by the Bureau of Submerged Lands and Preserves. If an area
                  within the preserve is designated as a Primary Resource Protection Area
                  (PRPA), then it will be assigned a resource value of 1". A PRPA essentially

                                                            69

                     combines Resource Protection Areas 1 and 2, as defined in Section 18-20.003(31),
                     and 18-20.003(32), F.A.C.

                     Submerged areas that are characterized by the absence of the above 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.

                     These resource values are incorporated into the classification of the management
                     areas and. included in the-title of the area by a one number code. 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,
                     it would:be classified as@ a SF/1 management area.

                     C. MINIMUM CRITERIA FOR ALLOWABLE USES

                     Minimum criteria has been outlined for a number of uses and activities that can
                     occur in the aquatic preserve. The minimum criteria given in Chapter 18-20, F.A.C.,
                     apply to the uses and activities all owed for each management area.

                     Chapter 18-20, F.A.C. (Append.ix A), provides the minimum standards with regard
                     to utilization of the state-owned submerged lands within an aquatic preserve as
                     authorized by the Board of Trustees and DNR. It should be noted that other
                     regulatory agencies rules and jurisdictions over activities may also 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., provides that all docks within
                     an aquatic preserve shall meet the following standards and criteria.

                            1. No dock shall extend more than 500 feet waterward of the mean or
                            ordinary high water line or 20% of the width of the water body at that
                            particular location.

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

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

                                                               70

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

                  Additional policies include all docking structures to access a depth of -4 mean low
                  water (MLW) and a reduction in the width of a terminal platform to 4 feet wide if the
                  platform is over seagrasses. This reduction will not affect the overall area of the
                  terminal platform.

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

                         1. An access dock cannot exceed a width of more than 4 feet.

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

                         3. May extend from the shoreline no further than to a maximum depth of -4
                         feet mean low water (MLW).

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

                         5. Wave break devices shall be designed to allow for maximum water
                         circulation and built in such a. manner as to be part of the dock structure.
                         6. The maximum size of the terminal platform sl@all not exceed 160 square
                         feet.

                         7. Dredging is strongly discouraged.

                  To clarify, the term "private residential single docks" refers to those docks
                  associated with single-family residences that are used for private recreational
                  purposes.

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

                         1. The area of sovereignty submerged land preempted by the docking
                         facility shall not exceed the square footage amounting to ten times the

                                                           71

                             riparian waterfront footage of the affected water body of the applicant, or the
                             square footage attendant to providing a single dock in accordance with the
                             criteria for private residential single docks, whichever is greater.           A
                             conservation easement or other such restriction acceptable to the Board
                             must be placed on the riparian shoreline, used for the calculation of the 10: 1
                             threshold, to conserve and protect shoreline resources and subordinate or
                             waive any further riparian rights of ingress and egress for additional docking
                             facilities.

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

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

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

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

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

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

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

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

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

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

                                                                72

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

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

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

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

                        7. Marinas shall not be sited within state designated manatee sanctuaries.

                        8. in any area with known manatee concentrations, manatee warning/notice
                        and /or speed limit signs shall be erected at the marina and/or ingress and
                        egress channels, according to Florida Marine Patrol specifications.

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

                 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) the entire structure will be elevated to a minimum of 5 feet above the
                 MHWL, (2) hand rails will be installed around the perimeter of the structure, (3) at
                 least one "Docking Prohibited" sign will be posted and maintained on each side of
                 the pier, (4) no temporary or permanent vessel mooring shall be permitted, and (5)
                 dredging is strictly prohibited when associated with pier construction or
                 maintenance.

                 Ramps: May be permitted only on a case-by-case basis, after site inspection to
                 assess the potential impacts. The determining factors to be considered include: (1)
                 the elimination or alteration of natural resources or habitat (i.e. seagrasses,
                 mangroves, nesting areas); (2) the amount of dredging and/or filling of submerged
                 lands; and (3) the accessibility to the ramp from water or land access.

                                                           73

                      Lease or transfer of lands, (Private Leases): Section 18-20.004(l)(b), F.A.C.,
                      provides 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 lease,
                      easement, or consent may be authorized for only the following activities: (1) a
                      public navigation project; (2) maintenance of an existing navigation channel; (3)
                      installation or maintenance of navigation 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 or utility of the preserve and which are consistent with the
                      Florida Aquatic Preserves Act (Section 258.35, F.S. through Section 258.46, F.S.).

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

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

                      Spoil Disposal: Section 18-20.004(3)(d), F.A.C., provides that spoil disposal within
                      an aquatic preserve shall be strongly discouraged and may be approved only
                      where the applicant has demonstrated that there is no other reasonable alternative
                      and that the spoiling activity may be beneficial to, or at a minimum, not harmful to
                      the quality and utility of the preserve. It will be the policy to not recommend spoil
                      disposal onto a PRPA within the Lemon Bay Aquatic Preserve. Exceptions to this
                      criteria may be granted where beach quality sand is tranferred and deposited onto
                      shoreline beaches as part of an approved inlet management plan.

                      In addition to what is listed for the allowable uses, certain activities are generally
                      permissible in all management areas, in accordance with general rules. These
                      include maintenance dredging of existing marked channels and maintenance of
                      channel markers. Where appropriate to protect environmental resources, certain
                      conditions or restrictions may be placed on these types of activities. For example,
                      seawalls in some locations may be discouraged, and riprap may be required to be
                      placed along a seawall in order to provide additional habitat.

                                                                74

                 Additional criteria for the repair, replacement, and expansion of existing structures
                 are provided for in Chapter 18-21, F.A.C. Replacement and expansion of structures
                 must comply with the minimum criteria provided for in Chapter 18-20, F.A.C.

                 Q. MANAGEMENT AREAS

                 In this section, each management area is described, including the boundaries, a
                 description of the resources and the allowable uses. The Lemon Bay Aquatic
                 Preserve has been classified into the nine management areas, as listed in the next
                 paragraph and shown in Figure 4.

                 The nine management areas in the Lemon Bay Aquatic Preserve are:

                         SF/1 - Single family/primary resource protection area;

                         SF/2 - Single family/secondary resource protection area;

                         SF-MF/1 - Single family - multi family/primary resource
                         protection area;

                         SF-MF-PR/1 - Single family - multi family - public recreation/ primary resource
                         protection area;

                         SF-MF-C/1 - Single family - multi family - commercial/primary resource
                         protection area;

                         SF-MF-C-PR/1 - Single family - multi family - commercial - public
                         recreation/primary resource protection area;

                         PR-P/1 - Public recreation - preserve/primary resource protection area;

                         P/1 - Preserve/primary resource protection area; and

                         P-OW/1 - Preserve - open water/primary resource protection area.

                 No agricultural or industrial zones are located in the Lemon Bay Aquatic Preserve.

                 Changes in upland use and aquatic resources may occur due to rezoning of
                 adjacent lands and/or altering biological conditions on submerged lands.
                 Therefore, the final decision on approving, modifying or denying uses of the
                 submerged lands within the preserve will be made based on site specific field
                 surveys and assessment of proposed project impacts.

                 Descriptions of each of the nine management areas follow.

                                                           75

                                                MANAGEMENT AREA SF11

                                       (single family/primary resource protection area)

                     Sarasota Coun!y. Lemon Bgy North of the North Manasota Key Bridge: This
                     management area is defined as all state-owned submerged lands within the aquatic
                     preserve boundaries up to and including the MHWL, which are bounded by the
                     northern boundary of the Lemon Bay Aquatic Preserve, (the Venice Inlet) on the
                     north and the north Manasota Key Bridge on the south and including the total
                     extent of Alligator Creek within the aquatic preserve boundaries. -

                     Description: This area of the Lemon Bay Aquatic Preserve is characterized by
                     healthy mangrove forest and thick seagrass beds wherever development has not
                     removed it. Natural water depths are shallower than -4 feet MLW throughout this
                     area. Currently there are 78 single family docks with 183 slips in this area (2.4
                     slips/dock). There are 14 covered boat houses, 1 covered porch, 5 private boat
                     ramps are located on the preserve. Only 6 locations on the aquatic preserve
                     possess unnatural shoreline (vertical concrete bulkhead, rip-rap, etc.) on the
                     mainland shore, while 27 unnatural shoreline locations occur on this section of
                     Manasota Key. There are 39 mangrove cutting violations . Significant propeller
                     dredging and eight (8) unpermitted access channels are associated with docks on
                     Manasota Key located in very shallow water. -A ferry operates between the mainland
                     south of Alligator Creek and Manasota Key. The ferry constitutes a utility. A utility
                     corridor is associated with the north Manasota Key Bridge. Bird nesting and
                     roosting sites are located in the aquatic preserve extents of Alligator Creek.

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

                                                MANAGEMENT AREA SF12

                                     (single-family/secondary resource protection area)

                     Charlotte Coun!y, The Cape Haze Development: This management area is defined
                     as all state-owned submerged lands within the aquatic preserve boundaries up to
                     and including the MHWL, which are bounded by the north end of the Cape Haze
                     development slow speed zone on the north, the ICW channel on the west and the
                     southern edge of the Cape Haze development slow speed zone on the south.

                                                              76

          VENICE

                                                   Alligator Creek

                                                                                                                             41

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

                             .M

                                           . . . . . . . . . . ..
           0

                                                           Manasota
                                                           Bridge
                   0
                    0

                                                                                           Forked Creek

         FIGURE 4. Management Areas                            I1.
                                                                                                             776
                                                                                                                                  Godfrey
                                                                                                                                   Creek
         EM        SF/ I            Single-Famlly/Pdmary
                                    Resource Protection Area         0
                   SF/2             Single-Family/Secondary
                                    Resource Protection Area
                   SF-MF/1          Slngle-Famity - Multi-Famity/
                                    Primary Resource Protection Area                                 Englewood
                   SF-MF-PR/1       Single-FamliV - Mulfi-Family -
         L=
                                    Public Recreation/Primary
                                    Resource Protection Area
                   SF-MF-C/I        Single-Famity - Multi-Famity -
                                    Commercial/Primary
                                    Resource Protection Area
                                                                                                                              SARASOTA COUNTY
                   SF-MF-C-PR/1     Single-Family - Mulfi-Family -
                                                                                                                             CHARLOTTE COUNTY
                                    Commercial - Public Recreation/
                                    Primary Resource Protection Area
                   P/1              Preservation/Primary
                                                                                                                                                 Ot
                                    Resource Protection Area
                                                                                                                                              CIO
                   PR-P/ I          Public Recreation - Preservation/
                                    Primary Resource Protection Area                                                  -; ..... "',
                   P-OW/ I          Preservation - Open Water/Primary
                                    Resource Protection Area
                                                                                                                                               OAS eOv-
                                                                                                                                                V

                                                                                77

                                                                       Buck Crook

                                                          776

                       0
                                                                 P
                                                                  0
                                                                    C11-

                              0
                               0

                                                                       Cap
                                                                          Haze                                       771
      FIGURE 4. Management Areas

              SF/l            Single-Family/Pr1mry
                              Resource Protection Area
              SF/2            Wgie-Fan*/Secondary
                              Resource Protection Area
              SF-MF/l         gngW+omky - Multi-Farnity/
                              ftTxxy Resource Protection Area
              SF-MF-PR/1      Woe+m* - Multl+amlly -
                              Public Recreatlon/Primary
                              Resource Protection Area
              SF-MF-C/1       gnoe+amky - Mulff-Family -
                              Coffwnwck3l/PdMOrY
                              Resource Protection Area
              SF-MF-C-PR/I    grgWfm* - MUtl-FaMly -
                              C4ffwrorcid - PUD11c Recreation/
                              Primary Resource Protection Area
                                                                    GASPARILLA                                    0
              P/1             Preswvction/P*Mry
                              Resource Protection Area                  ISLAND
              PR-P/ I         Put)Vc Recreation - PrewvalaV
                              Prlrnary Resource Protection Area
              P-OW/l          Prewvatlon - Open WOtOr/PftKXY
                              Resource Protection Area

                                                                    79

                  Description: This area of the Lemon Bay Aquatic Preserve' is characterized the
                  most degraded submerged bottoms within preserve boundaries, (note the ICW
                  channel is not included in preserve boundaries). Remnants of the original mangrove
                  forest and seagrass beds are located on small canal islands and in the north
                  remnant shallows. Water depths exceed -4 feet MLW with the exception of the very
                  near shore littoral, throughout this area. Currently there are 33 single family docks
                  with 62 slips in this area (1.9 slips/dock). There are 148 additional boat slips
                  located on canals which are not in but connect to this area. All but two lot locations
                  on the aquatic preserve possess unnatural shoreline (vertical concrete bulkhead,
                  rip-rap, etc.). Both of these parcels havemangrove cuffing violations . A utility
                  corridor is located in a narrow section of the Bay at an old road crossing site.

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

                                           MANAGEMENT AREA SF-MEL1

                             (single family-multi family/primary resource protection area)

                  This management zone designation is found in.two distinct geographic locations
                  in the Lemon Bay Aquatic Preserve.

                  Charlotte Coun1y, Rock Creek South to Knight and Don Pedro Island: This
                  management area is defined as all state-owned submerged lands within the aquatic
                  preserve boundaries up to and including the MHWL, which are bounded on the
                  north by the junction of Godfrey Creek and Rock/Ainger Creek at New Point
                  Comfort and on the west by the ICW, extending south from Navigational Marker 23
                  to the north end of Thorton Key, then expanding in width to the entire Lemon Bay
                  and continuing south to the south end of Kettle Harbor, including the total extents
                  of Oyster Creek, Buck Creek and Lemon Creek and all barrier island lagoons within
                  the aquatic preserve boundaries, but excluding the following three areas: the mouth
                  of Rock/Ainger Creek, the cove by Stump Pass Marina across Lemon Bay from
                  Stump Pass, and the width of Lemon Bay from Palm Island Marina on the east,
                  west to and including Palm Island Lagoon, as shown on Figure 4.

                  Description: This area of the Lemon Bay Aquatic Preserve is characterized by
                  healthy mangrove forest and thick seagrass beds. Natural water depths are
                  shallower than -4 feet M LW throughout this area. Dredged channels associated with
                  finger canals outside of the preserve range in depth from -3 to -5 feet MLW.
                  Currently there are more than 125 single family and multi family docks with greater
                  than 250 slips within preserve boundaries. Northward in Knight Pass (Rum Bay)
                  there are 10 docks with 43 slips associated with a multi-family development on
                  Knight Island with 10 "guest" slips, 15 multi-family slips, 18 single family slips and

                                                           81

                     1 non-water dependent structure located on the preserve. There are an additional
                     118 slips from 54 docks located in canals of Knight and Don Pedro Islands. There
                     are 1 covered boat house, 1 covered porch located on the preserve. There are 19
                     mangrove cutting violations definitely on preserve shoreline. Significant propeller
                     dredging is associated with docks Knight Pass. A private ferry operates between
                     the mainland and the Knight Island development. There are over 13 stormwater
                     outfalls in the area.

                     Utility corridors are associated with the Tom Adams bridge and near Navigation
                     Markers 28 and 29. Bird nesting and roosting sites are located at Cedar point, on
                     Oyster Greek and on Buck Creek, as well as the larger mangrove stands in this
                     zone.

                     Charlotte Counly, Little Gasgarilla Island and north Gasparilla Island: This
                     management area is defined as all state-owned submerged lands within the aquatic
                     preserve boundaries up to and including the MHWL, which are -bounded by the
                     historic extents of Little Gasparilla Pass on the north, by the central seagrass bed
                     shallows of Placida Harbor on the east and the Boca Grande Bridge zone on the
                     south, including the total extents of Gas parilla Pass within the aquatic preserve
                     boundaries.

                     Description: This area of the Lemon Bay Aquatic Preserve is characterized by
                     healthy to impacted mangrove forest and healthy, thick seagrass beds wherever
                     propeller dredging has not removed it. Natural water depths -range from -1 to than
                      -3 feet MLW near shore to -9 feet MLW in natural channels associated with
                     Gasparilla Pass. Currently there are 106 docks with 210 slips in this area (1.98
                     slips/dock).There are 5 covered boat houses, 9 covered porches, 3 private boat
                     ramps, 3 barge landings, 2 ferry boat landings and 2 decks located on the
                     preserve. Twenty (20) locations on the aquatic preserve possess unnatural
                     shoreline (vertical concrete bulkhead, wood bulkhead, rip-rap, etc.). There are 51
                     mangrove cutting violations, which is the largest number in a Lemon Bay Aquatic
                     Preserve Management Zone. Significant propeller dredging from all vessels and
                     unpermitted propeller dredged access channels are associated with ferry boat and
                     barge landings. Two private ferries operate between the mainland of Placida Harbor
                     and multifamily developments on Little Gasparilla Island. A utility corridor is
                     associated with the Boca Grande Bridge. Uttle Gasparilla Island is an unbridged
                     barrier island.

                     Allowable Uses: Utility easements (in designated corridors), private residential
                     docks (a single two-slip dock built in accordance with standards and criteria for
                     private residential single docks); private residential multi-slip docks (not to be
                     terminated in a PRPA); and piers.

                                                              82

                                        MANAGEMENT AREA SF-MF-PRj1

                   (single family-multi family public recreation/primary resource protection area)

                 Sarasota Counjy, Manasota Key north of Leach's Key and the Forked Creek area
                 mainland: This management area is defined as all state-owned submerged lands
                 within the aquatic preserve boundaries up to and including the MHWL, which are
                 bounded by the north Manasota Key Bridge on the north and the oyster bar
                 narrows at marker 33 and Leach's Key including the total extents of Forked Creek
                 within the aquatic preserve boundaries, and south to the Charlotte County border,
                 west of the Intracoastal Waterway.

                 Description: This area of the Lemon Bay Aquatic Preserve is characterized by
                 spotty but healthy mangrove forest and thick seagrass beds except where out-
                 parcels destroyed them. Natural water depths typically are shallower than -4 feet
                 MLW throughout this area with a natural deep area (-5) south of the mouth of
                 Forked Creek around marker 36 and dredged channels (at -5 feet MLW) in the
                 Preserve boundaries associated with Forked Creek and an upland canal. Currently
                 there are 250 docks with 477 slips in this area (1.9 slips/dock). There are 10
                 covered boat houses/slips/basins, 6 private boat ramps, and 1 deck located on the
                 preserve. A total of 205 locations on the aquatic preserve possess unnatural
                 shoreline (vertical concrete bulkhead, rip-rap, etc.) on the mainland shore while 18
                 unnatural shoreline locations occur on this section of Manasota Key. There are 32
                 mangrove cutting violations. Significant propeller dredging is associated with docks
                 on Manasota Key located in very shallow water. No existing utility corridors are
                 present in this management area. Bird nesting and roosting sites are located in the
                 aquatic preserve extents of Forked Creek and the oyster barshoals at marker 33.
                 A Sarasota County boat ramp and dockage facility is located immediately south of
                 the north Manasota Key Bridge on Manasota Key.

                 Allowable Uses: Utility easements (in designated corridors), private residential
                 docks (a single two-slip dock built in accordance with standards and criteria for
                 private residential single docks); private residential multi-slip docks (not to be
                 terminated in a PRPA); and public docks (meeting the requirements of a private
                 residential single dock), ramps, and piers.

                                         MANAGEMENT AREA SF-MF-Qj1

                       (single family-multi family-commercial/primM resource protection area)

                 Charlotte Coun1y. Placida Harbor Mainland: This management area is defined as
                 all state-owned submerged lands within the aquatic preserve boundaries up to and

                                                          83

                      including the MHWL, which are bounded by the Cape Haze slow speed zone, the
                      ICW channel on the west and the Boca Grande Bridge on the south.

                      Description: This area of the Lemon Bay Aquatic Preserve is characterized by very
                      healthy mangrove forest and thick seagrass beds in all waters of -4 feet or
                      shallower MLW depth. Natural water depths are shallower than -4 feet MLW in a
                      wide near shore band and attain -5 feet MLW in the deeper central portion of
                      Placida Harbor. Dredged channels (at -5 feet MLW) are found in the preserve
                      boundaries associated with two residential canals and a fish house and residential
                      area. Currently there are 4 docks with 16 slips, of which 3 are commercial docks
                      associated with the fish house facility and a private ferry landing. Only one location
                      on the aquatic preserve possesses a rip-rap revetment with an associated.
                      mangrove cutting violation. Significant propeller dredging is associated with a ferry
                      for the Little Gasparilla Island multi-family developments which crosses very shallow
                      water. A utility corridor is associated with the Boca Grande Bridge. The near shore
                      shallows in this management zone is a major feeding area for birds and dolphins.
                      A Charlotte County boat ramp and dockage facility is proposed to be constructed
                      in a finger canal system which currently connects a marina and trailer park to the
                      waters of this management zone.

                      Allowable  Uses: Utility easements (in designated corridors), private residential
                      docks (a single two-slip dock built in accordance with standards and criteria for
                      private residential single docks), and private residential multi-slip docks (not to be
                      terminated in a PRPA).

                      Note: a commercial dock, however, may be permitted to pass over a primary
                      resource protection area in order to reach a secondary resource protection area.

                                            MANAGEMENT AREA SF-MF-Q-PRJ1

                                    (single family-multi family-commercial-public recreation
                                              /primary resource protection area)

                      This management zone designation is found in one large, plus three smaller
                      geographic locations in the Lemon Bay Aquatic Preserve as described below.

                      Sarasota Coun!y and Charlotte County, Englewood to Godrey Creek and Manasota
                      Kgy-Enalewood Beach: This management area is defined as all state-owned
                      submerged lands within the aquatic preserve boundaries up to and including the
                      MHWL, which are bounded on the north by the oyster bar narrows at Navigational
                      Marker 33 and on the west by the ICW, extending south to Navigational Marker 25
                      near the county line, then expanding in with to the entire Lemon Bay and continuing

                                                               84

                  south of Godfrey Creek to it's junction with Rock/Ainger Creek at New Point
                  Comfort and Navigational Marker 23, then extending further south between the east
                  shore of Manasota Key and the adjacent mangrove islands to the north end of Port
                  Charlotte State Recreation Area.

                  Charlotte Coun1y, Rock Creek, Stuml? -Pass Marina and Palm Island: This
                  management area also includes the following three smaller areas: the mouth of
                  Rock/Ainger Creek between the New Point Comfort and Pines on the Bay
                  subdivisions, the cove by Stump Pass Marina between Navigational Markers 17 and
                  17A and the width of Lemon Bay from         Palm Island Marina on the east to, and
                  including, Palm Island Lagoon on the west.

                  Description: This area of the Lemon Bay Aquatic Preserve is characterized by
                  healthy mangrove forest and thick seagrass beds north of the Tom Adams Bridge
                  and east of the deep channel along Manasota Key south of the Tom Adams Bridge.
                  Natural water depths typically are shallower than        -4 feet MLW throughout this
                  area with a natural deep channel (-8 MLW controlling depth) extending from the
                  Tom Adams Bridge south to the northern boundary of the Port Charlotte State
                  Recreation Area. Natural deep (-5 to -6 feet MLW) basins occur in central parts of
                  Lemon Bay in association with the ICW and old pass alignments. Currently there
                  are greater than 440 docks with more than 1,000 slips in this area, including 7
                  commercial docks (95 slips), 4 marinas, more than 35 multi-family docks (greater
                  than 275 slips), and more than 60 other commercial enterprises (restaurants,
                  offices, motels, etc.). There are more than 45 covered boat houses/slips/basins,
                  9 private boat ramps, 3 covered deck, 9 decks, one barge landing and 1 ferry boat
                  landing located on the preserve. There are greater than 300 locations on the
                  aquatic preserve wi 'th unnatural shorelines (vertical concrete bulkhead, rio-rap, etc.).
                  There are more than 80 mangrove cutting violations definately on preserve
                  shoreline, including 9 in the Palm Island lagoon area. Significant propeller dredging
                  is associated with docks in the Palm Island Lagoon and on Manasota Key north of
                  the Tom Adams Bridge in very shallow water. A public ferry operates between the
                  mainland and Knight and Don Pedro Islands. A private ferry operates between the
                  mainland and the Knight Island development. There are more than 20 stormwater
                  outfalls and 20 wastewater treatment plants in this management zone. Bird nesting
                  and roosting sites are located on the mangrove islands separate from Manasota
                  Key. County boat ramps are located in Sarasota County at mound Park in
                  Englewood and in Charlotte County on Manasota Key, immediately south of the
                  Tom Adams Bridge.

                  Existing utility corridors are located at the public ferry operation area and near
                  Navigation Markers 28 and 29. Three wooden bridges cross State submerged
                  lands in the Palm Island lagoon. Bird nesting and roosting sites are located in
                  association with the large mangrove stands in this zone.

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                     Allowable Uses: Utility easements (in designated corridors), private residential
                     docks (a single two-slip dock built in accordance with standards and criteria for
                     private residential single docks); private residential multi-slip docks (not to be
                     terminated in a PRPA); and public docks (meeting the requirements of a private
                     residential single dock), ramps.

                     Note: a commercial dock, however, may be permitted to pass over a primary
                     resource protection area in order to reach a secondary resource protection area.

                                               MANAGEMENT AREA PR-P/I

                               (public recreation- preserve/primary resource protection area)

                     This management zone designation is found in two distinct geographic locations
                     in the Lemon Bay Aquatic Preserve.

                     Charlotte County, Sturng Pass and the Port Charlotte State Recreation Area: This
                     management area is defined as all state-owned submerged lands within the aquatic
                     preserve boundaries up to and including the MHWL, which are bounded by the
                     northern boundary of the Port Charlotte State Recreation Area on the north, the
                     ICW channel on the east and the middle of Thorton Key on the south including the
                     total extents of Stump Pass within the aquatic preserve boundaries, as shown on
                     Figure 4.

                     Descrigtion: This area of the Lemon Bay Aquatic Preserve ig characterized by
                     healthy mangrove forest and thick seagrass beds in all shallow waters. Natural
                     water depths range from -1/2 to -5 feet IVILW in grass bed shallows, to -6 and -7
                     feet IVILW in secondary channels, and to -9 to -12 in Stump Pass itself. Currently
                     there is 1 dock with 2 slips on Knight Island. Significant propeller dredging is
                     associated with the dockage in Knight Pass and in the seagrass flats flanking the
                     Stump Pass channels. No utility corridors are located in this management area. Bird
                     nesting and roosting sites are located in the aquatic preserve extents of the State
                     Recreation Area, on Peterson Island, on Whidden Key, Stump Key and Thorton
                     Key. The seagrass beds of this area are a major sports and commercial fishing
                     grounds of Lemon Bay. The channel between Peterson Island and Manasota Key
                     is a major recreational boating and water skiing area.

                     Charlotte County, Don Pedro Island State Recreation Area: This management area
                     is defined as all state-owned submerged lands within the aquatic preserve
                     boundaries up to and including the MHWL, which are bounded by the old Don
                     Pedro Island Road on the north, the ICW channel on the east and the northern end
                     of Little Gasparilla Island including the total extents of the Don Pedro Island State
                     Recreation Area and Rambler Hole within the aquatic preserve boundaries.

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                Description: This area of the Lemon Bay Aquatic Preserve is characterized by
                healthy mangrove forest and thick seagrass beds in all shallow waters, with
                interspersed patches of sandy bottom. Areas that are void of vegetation are
                designated as Secondary Resource Protection Areas and are afforded additional
                flexibility concerning allowable uses which are consistent with this management plan
                and Chapter 18.20, F.A.C. Natural water depths range from -1/2 to -5 feet MLW
                in grass bed shallows, to -7 feet MLW in Rambler Cove. Currently there is 1 dock
                with 2 slips on Don Pedro Island which serves the State Recreation Area. This
                public docking facility will be expanded to 12 slips in the near future. The site of
                this public docking facility will be located in a Secondary Resource Protection Area,
                void of any seagrasses or mangroves. Significant propeller dredging is associated
                with vessels from the dockage in Knight Pass and in the seagrass flats flanking
                Coon Key where vessels attempt to shortcut the Cape Haze Development slow
                speed zone. A utility corridor is located at the north boundary of this management
                area. Bird nesting and roosting sites are located in the aquatic preserve extents of
                the State Recreation Area, on Coon Key and associated unnamed islands. The
                seagrass beds of this area are utilized by sports and commercial fishing interests
                of Lemon Bay. Shellfish harvesting is commonly observed in these conditionally
                approved waters.

                Allowable Uses: Utility easements (in designated corridors), public docks (designed
                to minimize the adverse impacts to the primary and/or secondary resource
                protection areas).

                                            MANAGEMENT AREA P11

                                    (preserve/ primary resource protection area)

                Charlotte CouOV, The Cutoff Mainland: This management area is defined as all
                state-owned submerged lands within the aquatic preserve boundaries up to and
                including the MHWL, which are bounded by the Palm Island Marina channel on the
                north, the ICW channel on the west and the northern edge of the Cape Haze
                development on the south.

                Descrigtion: This area of the Lemon Bay Aquatic Preserve is characterized by
                wide, healthy mangrove forest, with near shore seagrass beds. Natural water
                depths range from -1/2 to -3 feet MLW. Deep water is found only in the ICW
                channel. Currently there are 2 docks with 4 slips in this management area. Adjacent
                canals, not on the preserve have 4 docks with 79 slips, associated predominantly
                with the private Palm Island Marina. Extensive propeller dredging is not currently
                present in this area. A utility corridor is located at the north boundary of this
                management area. Bird nesting, roosting and feeding sites are located in and

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                     landward of the aquatic preserve extents of the mangrove forest. This mangrove
                     forest is the last major mainland mangrove system on the Lemon Bay Aquatic
                     Preserve in Charlotte County.

                     Allowable Uses: A single two-slip dock built in accordance with standards and
                     criteria for private residential single docks.

                                              MANAGEMENT AREA P-OW11

                                  (preserve-open water/primary resource protection area)

                     Charlotte Counly. Central Placida Harbor: This management area is defined as all
                     state-owned submerged lands within the aquatic preserve boundaries up to and
                     including the MHWL, which are bounded by the south shoreline of Coon Key on
                     the north, by the north channel arm of Gasparilla Pass on the west, by the ICW on
                     the east and the Boca Grande Bridge zone on the south, including the total extents
                     of the primary resource protection areas of Placida Harbor within these boundaries.

                     Description: This area of the Lemon Bay Aquatic Preserve is characterized by
                     major seagrass bed extents and a hard bottom reef with associated mangrove
                     forest fringed islands. Natural water depths range from -1/2 to -2 feet IVILW in
                     grass bed shallows, to -6 in some natural flow channels, and -10 feet MLW in
                     Gasparilla Pass itself.    Currently there are no docks or structures in this
                     management zone. Unauthorized markers for a propeller dredged channel are
                     located in the central extents of the seagrass beds. Significant propeller dredging
                     is associated with the dockage on Little Gasparilla Island caused by boaters
                     attempting to shortcut the natural and marked channels. A utility corridor is located
                     in association with the Boca Grande Bridge. Bird nesting and roosting sites are
                     located in the aquatic preserve extents of Coon Key, the adjacent unnamed island
                     and Bird Key. The seagrass beds of this area are the major sports and commercial
                     fishing grounds of Placida Harbor and of the Lemon Bay Aquatic Preserve. In this
                     area seagrass beds extend to depths of -7 feet IVILW. The estuarine shallows as
                     utilized in shellfish harvesting and crab trapping in the conditionally approved
                     waters.

                     Allowable Uses: Utility easements in the designated corridor.

                     Within the context of these management areas, additional site specific issues are
                     discussed in the next chapter.

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                                                      CHAPTER V

                                      SITE-SPECIFIC MANAGEMENT ISSUES

                  The first part of this chapter deals with management issues involving specific
                  activities, as opposed to permitted structures, that directly affect the biological
                  integrity of the Lemon Bay Aquatic Preserve. The issues that are specific to this
                  area include, but are not limited to, increasing boat traffic, protection of designated
                  species and their habitats, removal of littoral vegetation, dredging and stormwater
                  and wastewater discharges. Other issues may arise as future use intensifies, and
                  these will be identified as they develop.

                  The second part of the chapter establishes management initiatives for these issues,
                  providing additional management direction not set forth by Chapter 258, F.S.,
                  Chapter 18-20, F.A.C., or Chapter V of this plan. These management initiatives are
                  intended to be used as a tool by the Department of Natural Resources in managing
                  the preserve, and in encouraging the local governments and/or other agencies to
                  provide the necessary restrictions for resolving those issues and/or needs.

                  A. MANAGEMENT ISSUES AND SPECIAL NEEDS

                  1. INCREASING BOAT TRAFFIC

                  Many of the issues defined in this chapter involve the increasing boat traffic in
                  Lemon Bay. All of the Lemon Bay Aquatic Preserve is used intensively by boaters.
                  Water skiing and jet skiing are becoming more common in the preserve, along with
                  their associated impacts. As the population of Florida grows, the traffic from boats
                  and jet skis is expected to increase.

                  This trend poses a number of problems, both from the standpoint of the expected
                  impacts on the biological resources and from related safety issues. The biological
                  aspects include: (1) an increase in turbidity, with the resultant loss of seagrasses
                  sensitive to lowered levels of incident light penetration, (2) increased wake
                  generated erosion of shorelines with resultant turbidity and subsequent loss of
                  wetland vegetation and archaeological sites, (3) increasing risk of collisions with
                  manatees, and (4) increasing disturbance of existing and potential breeding and
                  roosting areas for bird populations.

                  Boat generated turbidity is currently being studied in a cooperative project
                  conducted by the National Marine Fisheries Service, U.S. Fish and Wildlife Service
                  and DNR in the Indian River Lagoon Aquatic Preserves (Kenworthy et al., 1987).

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                     Observations in the Lemon Bay Aquatic Preserve during resource inventory review
                     indicate that turbidity is generated by two types of boating activity:

                            a) direct propeller dredging of shallow bottom habitats by vessels of all
                            sizes.

                            b) propeller wash and wave wake disturbance from large vessels operating
                            at high throttle in deeper waters.

                     Safety problems include the dramatic increase in boat use coupled with the narrow
                     navigable deep water corridor. Additionally there is a tendency for concentration of
                     conflicting boating activities in specific locations resulting in an overcrowded,
                     diminished public safety.      Safety is a particular concern - in areas where
                     maneuverable jet skis are in close proximity with larger, less maneuverable water
                     ski boats.

                     2. PROTECTION OF DESIGNATED AOUATIC ANIMALS

                     Species whose existence is threatened are currently designated by four agencies:
                     the Florida Game and Fresh Water Fish Commission (GFWFC), the Florida
                     Department of Agriculture and Consumer Services (DACS), the U.S. Fish and
                     Wildlife Service (USFWS), and the Convention of Trade in Endangered Species of
                     Wild Fauna and Floras (CITES). Each agency has its own focus, and the
                     regulations regarding what level of protection is given to which species reflects this
                     orientation. For example, the GFWFC does not designate plant species, whereas
                     the DACS addresses plants only.

                     Designated species are afforded some protection by other agencies as well. These
                     measures do overlap and reinforce each other. The DNR is actively involved in
                     protecting manatees and sea turtles, both of which are designated by the GFWFC
                     and the FWS.

                     a) West Indian Manatee: The most recognizable, and perhaps the best known,
                     of the designated animal species found in Lemon Bay is the West Indian manatee.

                     According to Chapter 16N-22, F.A.C., DNR affords the manatee some level of
                     protection by imposing boat speed restrictions in certain areas of the coastal waters
                     of Florida. No Manatee Protection Zones have been established to date in the
                     Lemon Bay Aquatic Preserve. This current absence of slow speed zones is
                     insufficient to protect manatees in the preserve.

                     Recent studies of manatee use of the Lemon Bay Aquatic Preserve identify feeding
                     areas and travel paths within the preserve. Principle feeding areas are located in

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                 Placida Harbor, (OW-P/1 and SF-MF-C/1), both the PR-P/1 zones and the upper
                 sections of the preserve north of Englewood (SF/1 and SF-MF/1). Major travel
                 routes include The Cutoff (P/1), the southern SF-MF/1 areas, the northern SF/1
                 and Stump Pass (PR-P/ 1).- Manatees utilize the natural deep channels and the man-
                 made dredged channels to access shallow water feeding and resting areas.
                 Manatees must travel through these waterways to access tributary creeks.
                 The entire Lemon Bay Aquatic Preserve is used intensively by boaters (e.g.,
                 seasonal and weekend recreational use and high-speed test boats from the
                 Mercury Motors Corporation) and, since the ICW is exempt from speed restrictions,
                 a large number of these boats travel very fast through this narrow waterway. Many
                 of these fast-traveling boats motor outside of the ICW itself in order to pass slower
                 vessels. In narrow portions of the IC waterway represents a "gauntlet" through
                 which the manatees must pass.

                 Nabor and Patton (1989) found that the whole of Lemon Bay is proving to be
                 critical habitat for manatees. They propose that Lemon Bay be designated as a
                 Category IV Managed Nature Reserve/Wildlife Sanctuary with channel exempt slow
                 speed (no wake) zones established throughout Lemon Bay and its associated
                 creeks. Forked Creek is recommended to be an idle speed zone.

                 Nabor and Patton conclude that the Cutoff area is an important migratory corridor
                 for manatees and that a slow speed zone should be established for the ICW
                 between south Lemon Bay marker G9 through Placida Harbor to Gasparilla Sound
                 marker G19. Both Placida Harbor and the grassfiat areas in Gasparilla Sound near
                 the Boca Grande Bridge are proposed as slow speed (no wake) areas by this Mote
                 Marine Laboratory study.

                 Additional manatee protection will be forthcoming through the state and local levels.
                 On October 24, 1989, the Governor and Cabinet approved a number of
                 recommendations from IDNR designed to improve manatee protection and boating
                 safety. It is DNR's goal to coordinate with local governments toward effectively
                 implementing these recommendations.

                 One recommendation of the Nabor and Patton report dealt with the development
                 of rules to implement speed zones in 13 counties identified as having significant
                 manatee activity. Sarasota County is designated as a "key" manatee protection
                 county. Charlotte County has a high number of recorded manatee sitings, but is
                 not currently designated as a key manatee protection county due to the relatively
                 lower numbers of recorded manatee/boat impacts. DNR has requested that each
                 of these "key" counties either select one of DNR's speed zone options or develop
                 their own site specific manatee protection plan. If accepted, the county plans will
                 be recommended for rulemaking. Proposed manatee protection speeds zones
                 have been developed for Sarasota County which include a 25 MPH speed in the
                 ICW and slow speeds outside the channel. The draft rule was presented at a

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                     public workshop in. July 1991 and a public hearing in November, 1991 and is
                     anticipated to be presented to the Governor and Cabinet in December 1991.

                     b) Sea Turtles (Atlantic loggerhead, green and ridley): These endangered
                     (green, ridley) and threatened (loggerhead) sea turtles are found primarily in
                     association with Gulf passes, seagrass beds and beaches of the Lemon Bay
                     Aquatic Preserve and the associated State Recreation Areas. The loggerhead and
                     green sea turtles have been observed during the resource inventory and the
                     loggerhead turtle nests- on the beaches of the barrier islands of Lemon Bay.

                     These species have been impacted by loss of nesting and feeding habitat to beach
                     development, beach alterations, coastal hardening, dredging, water quality
                     degradation and filling.

                     Specific management measures include protection of nesting and potential nesting
                     sites from human, vehicular and domestic animal disturbance during critical nesting
                     periods, protection of critical nesting and seagrass feeding habitats by regulation
                     from loss to development, dredging and shoreline hardening, restoration of sandy
                     habitats on State and other preserve lands by removal and maintenance of removal
                     of exotic pest plants and unnatural structures and cooperation with local
                     government in adopting applicable beach lighting and beach use regulations.

                     c) Snook: The life cycle of this species of special concern is linked to healthy
                     mangrove, seagrass and unvegetated bottom habitats. Early life stages enter
                     estuarine tributaries and high marsh habitats for protection, feeding and
                     osmoregulation. Adults forage in vegetated and unvegetated estuarine habitats,
                     sheltering in mangrove prop-root habitat.

                     This species has been impacted by habitat loss to development and dredging and
                     water quality degradation from associated upland discharges of stormwater,
                     wastewater effluent and biocides (pesticides, herbicides).

                     Specific management measures for this species include prohibition of mangrove
                     cutting, enforcement on propeller dredging of seagrass beds, acquisition of nursery
                     grounds located below and above MHWL as preserves, designation of the upper
                     reaches of the tributary creeks of Lemon Bay as aquatic preserve and OFW,
                     encouragement of restoration of natural hydroperiod in the water management of
                     the Lemon Bay basin, and encouragement of littoral shelf planting designs both in
                     the preserve and in adjacent non preserve waters.

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                  3. PROTECTION OF DESIGNATED WADING AND SHORE BIRDS

                  The Pon Charlotte Beach State Recreation Area, the Don Pedro Island State
                  Recreation Area, several bay islands (Bird Key, Coon Key, Thorton Key, etc.) and
                  several tributary creek islands provide undisturbed wetland and upland areas that
                  currently act as rookeries or are potential rookery habitat for a number of colonially
                  nesting bird species, including several listed. species.

                  The protected status for both State Recreation Area parcels is not expected to
                  change; however, both areas are subject to increasingly active boating traffic, with
                  concomitant boat beaching and recreational use. The high level of use by
                  recreational boaters and water skiers in the adjacent waters to the Port Charlotte
                  Beach State Recreation Area- currently precludes use of this area as a -fully
                  functional rookery, frightening birds from potential nesting sites and disturbing
                  shallow areas essential for feeding.

                  a) Roseate Spoonbill: This species of special concern wading bird utilizes the
                  Lemon Bay Aquatic Preserve as a foraging and roosting. habitat. It is found in
                  association with mangrove fringes and islands, shallow seagrass beds, shallow
                  productive unvegetated mudflats and high marsh habitats. At this time no
                  documented nesting of spooribill is occurring in preserve boundaries. Survival of
                  this species in the Lemon Bay ecosystem depends upon protection of the above
                  habitats from loss to alteration and degradation.

                  Specific management measures include prohibition of mangrove cutting, protection
                  of seagrass, mudflats and high marsh, protection by posting and patrol of identified
                  roosting areas from visual and acoustic disturbances, acquisition of roosting areas
                  above MHWL as preserves, encouragement of restoration of natural hydroperiod
                  in the water management of the Lemon Bay basin, and encouragement of littoral
                  shelf and planting designs both in the preserve and in adjacent non preserve
                  waters.

                  b) Snowy Plover and Piping Plover: The endangered snowy plover requires
                  large open areas of dry sandy beaches for breeding and both dry and tidal
                  unvegetated sand flats for feeding. The piping plover, a species of special concern,
                  also feeds and roosts in the same habitats. Both species have been observed to
                  feed and roost in the Lemon Bay Aquatic Preserve. The utilization by man of the
                  critical habitats of these species for recreation, dredging and construction coupled
                  with habitat loss to Australian pine has severely impacted these birds. Survival of
                  this species in the Lemon Bay ecosystem depends upon protection of the above
                  habitats from loss to alteration and degradation.

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                      Specific management measures include protection of nesting and potential nesting
                      sites from human, vehicular and domestic animal disturbance during critical nesting
                      periods, protection of critical nesting and feeding habitats by regulation from loss
                      to development, dredging and shoreline hardening, restoration of sandy habitats
                      on State and other preserve lands by removal and maintenance of removal of
                      exotic pest plants and recognition that multiple use recreation is not a compatible
                      use on breeding beaches during breeding season.

                      c) Uttle Blue and Tricolor Herons, Reddish and Snowy Egrets: These species
                      of special concern wading birds utilize the Lemon Bay Aquatic Preserve as a
                      foraging and roosting habitat and for the little blue, snowy and tricolor nesting
                      habitat. They are found in association- with mangrove fringes and -islands, shallow
                      seagrass beds, shallow productive unvegetated mudflats oyster -bars, clam beds,
                      and high marsh -habitats.       Nesting of all but the reddish egret has been
                      documented near the aquatic preserve. The reddish egret occurs in the preserve
                      and was seen nesting just south of the preserve boundaries within the last 3 years.
                      Survival of these species in the Lemon Bay ecosystem depends upon protection
                      of the above habitats from loss to alteration and degradation.

                      Specific management measures include prohibition of mangrove cutting, protection
                      of seagrass, mudflats and high marsh, protection by posting and patrol of identified
                      roosting and nesting areas from visual and acoustic disturbances, acquisition of
                      roosting and nesting areas above MHWL not currently in state ownership as
                      preserves, encouragement of restoration of natural hydroperiod in the water
                      management of the Lemon Bay basin, and encouragement of littoral shelf planting
                      designs both in the preserve and in adjacent non preserve waters.

                      d) American Oystercatcher: This threatened shorebird requires broad open
                      areas of sandy beaches for breeding and a mudflats and mollusk beds for feeding.
                      This species has been observed to feed and roost in the Lemon Bay Aquatic
                      Preserve. No documented nesting was observed during the resource inventory. The
                      utilization by man of the critical habitats of these species for recreation, shellfish
                      harvesting, dredging and construction coupled with shellfish bed loss to declining
                      water quality and unnatural hydroperiods. Survival of this species in the Lemon Bay
                      ecosystem depends upon protection of potential nesting, roosting and feeding
                      habitats from loss to alteration and degradation.

                      Specific management measures include protection of potential nesting sites from
                      human, vehicular and domestic animal disturbance during critical nesting periods,
                      protection of critical roosting and feeding habitats by regulation from loss to
                      development, dredging and shoreline hardening, restoration of sandy habitats on
                      state and other preserve lands by removal, maintenance of removal of exotic pest
                      plants, acquisition of roosting areas above MHWL as preserves, designation of the

                                                               94

                 upper reaches of the tributary creeks of Lemon Bay as aquatic preserve and OFW,
                 encouragement of restoration of natural hydroperiod in the water management of
                 the Lemon Bay basin, and encouragement of oyster bar protection both in the
                 preserve and in adjacent non preserve waters.

                 e) Bald Eagle: This endangered raptor utilizes the Lemon Bay Aquatic Preserve
                 for feeding and pre- and post-feeding roosting. It feeds over all natural bottoms but
                 concentrates in seagrass beds and oyster bar areas. Bald eagles have been
                 observed to hunt and feed in both Lemon Bay and Placida Harbor. Nesting is
                 located in mature pine forest immediately adjacent to the preserve.

                 Loss of nesting habitat to development, and in Charlotte County, malicious
                 vandalism; declines in large prey species abundance due to loss of estuarine
                 habitat; disturbance by man; and declines in water quality are the major threats to
                 this species in the Lemon Bay Aquatic Preserve.

                 Specific management measures include protection of mangroves and seagrass
                 beds, protection by posting and patrol of identified roosting and nesting areas from
                 visual and acoustic disturbances, active enforcement against eagle molesters,
                 acquisition of roosting and nesting areas above MHWL as preserves, designation
                 of the upper reaches of the tributary creeks of Lemon Bay as aquatic preserve and
                 OFW, encouragement of restoration of natural hydroperiod in the water
                 management of the Lemon Bay basin, and encouragement of littoral shelf planting
                 designs both in the preserve and in adjacent non preserve waters.

                 f) Wood Stork: This endangered wading bird utilizes the LemQn Bay Aquatic
                 Preserve as a foraging and roosting habitat. It is found in association with
                 mangrove fringes and islands, seagrass beds, oyster bars, productive unvegetated
                 mudflats and tributary stream marshes. At this time no documented nesting of
                 wood stork is occurring in preserve boundaries. Survival of this species in the
                 Lemon Bay ecosystem depends upon protection of the above habitats from loss
                 to alteration and degradation.

                 Specific management measures include prohibition of mangrove cutting,
                 enforcement on propeller dredging of seagrass beds, protection by posting and
                 patrol of identified roosting areas from visual and acoustic disturbances, acquisition
                 of roosting areas above MHWL as preserves, designation of the upper reaches of
                 the tributary creeks of Lemon Bay as aquatic preserve and OFW, encouragement
                 of restoration of natural hydroperiod in the water management of the Lemon Bay
                 basin, and encouragement of littoral shelf and planting designs both in the preserve
                 and in adjacent non preserve waters.

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                     g) Brown Pelican: This threatened species is found throughout Lemon Bay in all
                     aquatic habitats. Nesting occurs exclusively in natural mangrove canopies. Past
                     experience has demonstrated that this species is susceptible to reproductive
                     damage from pesticides. Nesting is documented on at least two islands in the
                     Lemon Bay Aquatic Preserve and regular roosting sites are located on both
                     mangrove islands and mangrove fringes throughout the preserve.

                     Specific management measures for this species include prohibition of mangrove
                     cutting, enforcement on propeller dredging of seagrass beds, protection by posting
                     and patrol of identified roosting and nesting areas from. visual and acoustic
                     disturbances, acquisition of roosting and nesting areas above MHWL as preserves,
                     designation of the upper reaches of the tributary creeks of Lemon Bay as aquatic
                     preserve and OFW, encouragement of restoration of natural hydroperiod in the
                     water management of the Lemon Bay basin, and encouragement of littoral shelf
                     planting designs. both in the preserve and in adjacent non preserve waters.

                     h) Least Tern: This threatened tern requires open areas of dry sandy beaches
                     for breeding and a healthy estuary for feeding. This species has been observed to
                     feed and roost in the Lemon Bay Aquatic Preserve and nest on adjacent sandy
                     islands in the Gasparilla Sound-Charlotte Harbor Aquatic Preserve. The utilization
                     by man of the critical habitats of these species for recreation, dredging and
                     construction coupled with habitat loss to Australian pine has severely impacted this
                     species. Survival of this species in the Lemon Bay ecosystem depends upon
                     protection of the nesting, roosting and feeding habitats from loss to alteration and
                     degradation.

                     Specific management measures include protection of nesting and potential nesting
                     sites from human, vehicular and domestic animal disturb@nce during critical nesting
                     periods, protection of critical nesting and feeding habitats by regulation from loss
                     to development, dredging and shoreline hardening, restoration of sandy habitats
                     on state and other preserve lands by removal and maintenance of removal of exotic
                     pest plants.

                     4. PROTECTION OF DESIGNATED PLANT SPECIES

                     a) Leather Fern: The endangered golden leather fern and threatened giant
                     leather fern are plants of brackish and freshwater plants of the wetlands of the
                     Lemon Bay Aquatic Preserve. Both are found in primary resource protection areas
                     of the preserve and in adjacent wetlands above the MHWL. Both plants are
                     impacted by development of wetlands, wave_ wash erosion, declines in water
                     quality from upland runoff and unauthorized vegetative cutting of littoral vegetation.
                     Survival of these species in the Lemon Bay ecosystem depends upon protection

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                 of existing sites and restoration of areas invaded by exotic vegetation and/or
                 damaged by human activity.

                 Specific management measures include protection of existing fern sites on State
                 lands from disturbance from human activities and collecting, restoration of suitable
                 habitats on state and other preserve lands by removal and maintenance of removal
                 of exotic pest plants and affirmative planting, identification of sites external of
                 current state lands for potential acquisition, prohibition of mangrove cutting,
                 enforcement of water quality standards, designation of the upper reaches of the
                 tributary creeks of Lemon Bay as aquatic preserve and OFW, encouragement of
                 restoration of natural hydroperiod in the water management of the Lemon Bay
                 basin, and encouragement of littoral shelf planting designs incorporating these
                 species both in the preserve and in adjacent non preserve waters.

                 5. PROTECTION OF LITTORAL VEGETATION

                 The littoral vegetation of the Lemon Bay Aquatic Preserve, including mangroves,
                 cordgrass and blackrush, is a vital component of the estuarine environment
                 providing the detrital base to organic food chains, significant habitat for arboreal,
                 intertidal and subtidal organisms, nesting sites, cover and foraging grounds for
                 birds and the habitats for less apparent reptiles and mammals, and protection from
                 erosion of archaeological resources. The relationship between littoral vegetation
                 and its associated marine life cannot be overemphasized. The mangrove forest
                 and salt marsh provides protected nursery areas for fishes, crustaceans and
                 shellfish that are important to both commercial and sports fisheries.

                 The detritus provided by decomposition of regularly shed mangrove leaves and
                 littoral marsh grass blades is the food base for micro-crustaceans and other detrital
                 processors which are consumed by larger crustaceans, small fishes and other first
                 order predators. The animals in turn are the prey of larger fish species such as
                 snook, snapper, tarpon, jack, sheepshead, spotted sea trout and redfish.

                 In Lemon Bay, the major consistent source of mortality to littoral vegetation is
                 human development and destruction. Currently there are 229 mangrove cutting
                 violations in the Lemon Bay Aquatic Preserve. Although abused by man, the littorall
                 vegetation provides shoreline protection by stabilization and considerable storm
                 protection. The sports fisheries and commercial fisheries of Lemon Bay are, in
                 concert with the other submerged habitats of seagrass, algal beds, sand and mud
                 flats and oyster bars, utterly dependent upon this littoral habitat.

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                      6. ON-GOING CHANNEL DREDGING

                      Dredging is an activity that is briefly discussed in Chapter IV that is directly related
                      to the increase in boat traffic and degradation of the aquatic preserve. Since
                      Lemon Say supports large beds of seagrass in very shallow waters, there are few
                      sites suitable for dredging of new navigation channels. It is probable that the
                      increasing boat use in this area will result in an increase in dredging applications
                      in order to obtain water deep enough to accommodate large boats.

                      Currently unauthorized propeller and small hydraulic dredging of access channels
                      has occurred in northern Lemon Bay and Placida Harbor. This activity is associated
                      predominantly with barrier island development and the development of mainland
                      residential property on shallow tributary creeks. Historically vessels and engines
                      were utilized by residents of the Lemon Bay Aquatic Preserve which were designed
                      for use in very shallow sheltered estuarine waters.

                      As deeper channel dredging has occurred in Lemon Bay, the number of larger,
                      deep draft vessels using the waters has increased. The boat operators are often
                      non-residents, inexperienced in shallow water navigation. Also, current advertising
                      gives a misleading impression about the suitability of the local waters for these
                      inappropriate water craft. The result is a conflict between the ability of the natural
                      resources to support deep draft boat use and the expectations of a small number
                      of users. Conversion of the PRPA bottoms of the Lemon Bay Aquatic Preserve to
                      deep channels is a potential and ongoing threat to the integrity of the habitat
                      fishery, scientific and aesthetic values of the preserve.

                      7. POTENTIAL CLOSURE OF SHELLFISHING AREAS

                      Currently approximately two fifths of the Lemon Bay Aquatic Preserve is designated
                      as conditionally approved shellfish waters. With successive evaluations of water
                      quality by the DNR Shellfish Environmental Assessment office in Punta Gorda, areas
                      of Lemon Bay formerly open to the taking of clams and oysters have been closed
                      due to water quality degradation.

                      The decline in water quality is associated with upland development of areas without
                      proper treatment of wastewater effluent. Specifically the siting of septic systems in
                      soils unsuitable for drainfields, discharges from the numerous package plant
                      systems of the area and untreated stormwater runoff has rendered former shellfish
                      beds unsafe for human health.

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                 8. PROTECTION OF TRIBUTARY STREAMS

                 The tributary streams of the Lemon Bay Aquatic Preserve are essential to the
                 estuarine water quality of the preserve. These streams provide unique nursery and
                 nesting habitat for invertebrate and vertebrate species including listed species. The
                 creeks of Lemon Bay range from pristine to heavily developed. Resource inventory
                 surveys indicate that these streams are the principle dumping points for stormwater
                 runoff in the Lemon Bay system.

                 The quality of an aquatic preserve depends upon its water quality and the water
                 quality of an estuary depends upon the water quality of incurrent waters from
                 passes and its freshwater tributaries. Water quality sampling indicates that the
                 discharges to tributary streams of Lemon bay are the principle source of water
                 quality degradation in the bay ecosystem. When the tributaries are polluted at their
                 headwaters it is inevitable that the receiving estuary will subsequently be polluted.

                 The current mainland boundaries of the Lemon Bay Aquatic Preserve are arbitrarily
                 located at bridges and Section lines which artificially sever the streams and do not
                 protect stream headwaters. As a result significant pollution of headwaters is
                 occurring in the Lemon Bay estuarine basin. Adequate protection of these tidal
                 stream habitats depends on proper land use management in the upper reaches of
                 the watershed.

                 9. IMPACTS FROM NON-WATER-D EPEN DENT STRUCTURES

                 The placement of non-water-dependent structures 'in the aquatic preserve is
                 contrary to Section 18-20.004(1)(f), F.A.C.. Such structures are demonstrated to
                 cause harmful shading to seagrass and alga beds. Frequently activities associated
                 with such structures result in harmful discharge (wastewater, cleaning agents, etc.)
                 to the waters of the preserve. Construction of these structures often results in loss
                 of lifforal shoreline far in excess of permitted access to the preserve. Currently
                 there are 31 non-water dependent structures in the Lemon Bay Aquatic Preserve.

                 10. LACK OF PROTECTION FOR OUTPARCELS

                 For a variety of reasons and at different times approximately 52 areas of
                 submerged state lands were sold to private interests by the Board of Trustees of
                 the Internal Improvement Trust Fund. Some of these areas of submerged lands
                 (known as outparcels) were filled and or dredged for development. Others have not
                 been altered significantly to date.

                 Although these areas are in direct water column contact with the preserve and often
                 possess resources of equivalent value, outparcels are not subject to the same

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                     protection of habitat and water quality that is provided for preserve lands. Because
                     of this difference of protection impacts to water quality, fisheries and habitat can be
                     instituted in these outparcels which subsequently impact the preserve.

                     11. CONTINUING MAINTENANCE DREDGING OF PASSES

                     The maintenance of the Gulf of Mexico passes and associated existing dredged
                     channels is a matter of continuing effort and chronic impact to the water quality and
                     benthic bottoms of the preserve. Local. land form evolution and sediment
                     deposition have historically altered Gulf pass configurations and rapidly refilled
                     dredged channels. Past methods of channel construction and spoil deposition can
                     not continue to be utilized in preserves without severe water quality impacts and
                     habitat loss. New methods of channel maintenance which work with coastal
                     dynamics are necessary to provide deep navigable water while protecting the
                     preserve.

                     In 1980, prior to the aquatic preserve designation of Lemon Bay, several channels
                     were dredged from the Intracoastal Waterway to the Gulf. Periodic maintenance
                     dredging of these channels to original design specification is permitted. However,
                     any dredging that exceeds the original design specification of the inlet channels will
                     be considered new dredging, and therefore will not be permitted, except where it
                     can be affirmatively demonstrated that such alternative dredging will have less
                     significant adverse impacts to submerged lands resources in the area. The project
                     design that causes the least adverse impacts to the resources shall be utilized.
                     Continued maintenance dredging for the Intracoastal Waterway is permitted.

                     B. MANAGEMENT INITIATIVES

                     This section of the plan contains a number of management initiatives that address
                     the issues identified as being particular to the Lemon Bay Aquatic Preserve. The
                     management initiatives listed below represent action statements directed at specific
                     resource management problem(s). In some cases, the authority to accomplish a
                     specific action may not be addressed under the authority of submerged lands and
                     aquatic preserves statutes and rules, but may lie within the authority of another
                     agency or local government. The department, through its overall management
                     program for this preserve, will pursue a cooperative working relationship to
                     encourage the appropriate authorities to implement actions needed to accomplish
                     a specific management initiative.

                     The management initiatives, or actions, are presented below, along with their
                     corresponding purpose and resulting benefit to the aquatic preserve resources.
                     The actions are grouped into eight categories relating to: boating, marinas, channel

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                dredging, waterfront structures, vegetation, wastewater, stormwater and land use
                planning.

                 1. BOATING RELATED INITIATIVES

                        a) Pursue designating additional minimum wake zones in shallow
                        areas of the Intracoastal Waterway to decrease turbidity, propeller scars in
                        seagrass beds and manatee accidents. This will protect the health and size
                        of the seagrass beds and corresponding habitat, as well as manatees.

                        b) Work with the Division of Marine Resources to limit boat speeds in
                        shallow areas throughout the preserve similar to the proposed Sarasota
                        County manatee protection speed zones, including possible slow speeds
                        outside the marked channels in the bay and specified commercial fishing
                        exemptions, to decrease turbidity, propeller scars in seagrasses and
                        manatee accidents, and to protect seagrass habitats and manatees..

                        c) Place "Caution: Shallow Seagrass" signs along shallow areas of the
                        Intracoastal Waterway where propeller scarring is common to decrease
                        turbidity, propeller scars and manatee accidents and protect the seagrasses
                        and manatees.

                        d)   Pursue ways to restrict barge and ferry traffic to areas with
                        adequate water depth to decrease turbidity and protect seagrass habitats.

                        e) Restrict boat drafts to allow 1 foot of water clearance at MLW above
                        submerged bottoms at private, commercial and public docks, marinas and
                        navigation channels, and post the allowable draft. This is to decrease
                        turbidity and propeller scarring, to protect seagrass habitats.

                        f) Pursue a restriction on jet skis and boats within 500 feet, including
                        beaching of watercraft, from Identified bird rookery areas to decrease
                        noise, to protect designated bird species habitats.

                        g) Recommend two deep water mooring areas in the preserve and
                        require registered vessels to regularly empty their holding tanks at a Coast
                        Guard approved pump-out facility. This will decrease turbidity, seagrass
                        damage and nutrient/bacteria contamination which is important to protect
                        all the aquatic biological communities.

                        h) Increase surveillance and enforcement of boating laws for speed,
                        wake and propeller damage, possibly seeking authority to levy additional
                        penalities, to decrease turbidity, seagrass damage and manatee accidents.

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                     2. MARINA RELATED INITIATIVES

                            a) Restrict fueling facilities except at commercial docks and marinas with
                            approved spill prevention procedures and equipment, to decrease fuel
                            associated damage to all the aquatic habitats.

                            b) Recommend the use of upland dry boat slips for the expansion of
                            existing or new marinas, to decrease loss of mangrove, seagrass and
                            benthic invertebrate habitats and decrease fuel and anti-fouling paint
                            contamination of preserve waters.
                            c) Encourage additional approved holding tank pump-out facilities to
                            be built at private and public marinas and dock facilities, to decrease
                            nutrient/bacteria contamination of preserve waters.

                     3. CHANNEL DREDGING RELATED INITIATIVES

                            a) Prohibit new dredging and the conversion of the PRPA bottoms of the
                            preserve to deeper channels for the sole purpose of providing access for
                            greater draft boats, to decrease loss of seagrass and benthic invertebrate
                            habitats.

                            b) Encourage new methods of channel maintenance which work with
                            coastal dynamics and discourage and/or prohibit past methods of channel
                            maintenance and spoil disposal, to decrease loss of seagrass and benthic
                            invertebrate habitats and manatee feeding areas.

                     4. WATERFRONT STRUCTURE RELATED INITIATIVES

                            a) Limit the number, location and size of docks and other waterfront
                            structures to those compatible with the resources, to decrease loss of
                            mangrove, seagrass and benthic invertebrate habitat and to decrease
                            turbidity and seagrass shading.

                            b) Prohibit docks in shallow areas with inadequate water depth for boat
                            access, to decrease turbidity, seagrass propeller scarring and loss of benthic
                            invertebrate habitat, fish spawning/nursery areas and manatee feeding
                            areas. Recommend alternative fishing piers in areas with less than 3 feet
                            MLW, and when dock lengths required to gain 3 feet MLW would exceed
                            those allowed by Chapters 18-20 and 18-21 F.A.C.

                            c) Require the use of littoral vegetation plantings with all shoreline
                            stabilization projects, to decrease the loss of submerged/emergent

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                         vegetation and benthic invertebrate habitats and fish spawning/nursery
                         areas.

                         d) Prohibit the construction of new non water dependant structures,
                         to decrease habitat losses.

                         e) Recommend against the replacement of grandfathered and/or
                         authorized non water dependant structures when they become less than
                         50% functional, to increase habitat restoration.

                         f) Remove illegal non water dependant structures, to increase habitat
                         restoration.

                         g) Increase surveillance and enforcement of project compliance with
                         permit conditions, possibly seeking authority to levy additional penalties, to
                         decrease habitat losses.

                         h) Minimize adverse impacts to and otherwise protect archaeological
                         sites through the permit review process in consultation with the Division of
                         Historical Resources.

                  5. VEGETATION RELATED INITIATIVES

                         a) Prohibit mangrove trimming in the aquatic preserve except as
                         authorized by the Board of Trustees mangrove trimming policy or as
                         associated with a permitted dock or pier.

                         b) Prohibit against the removal of emergent littoral vegetation, to
                         decrease loss of habitat functions such as bird feeding areas, fish
                         spawn ing/nursery areas, erosion control, etc.

                         C) Require, where appropriate, revegetation of the shoreline with native
                         vegetation through the permit review process, to increase habitat
                         restoration.

                         d) Require the removal of noxious non native plant species through the
                         permit review process, to increase and enhance habitat restoration.

                  6. WASTEWATER RELATED INITIATIVES

                         a) Recommend against wastewater and reverse osmosis plant
                         discharges to aquatic preserve waters, to decrease nutrient, bacterial and
                         other contaminants to preserve waters, to protect water quality and all the
                         aquatic biological communities.

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                            b) Assist local governments with ensuring proper operation of
                            franchise wastewater treatment systems within the preserve and
                            watershed, to decrease associated contaminants from reaching the preserve
                            waters and tributary streams, to protect water quality and all the aquatic
                            biological communities.

                            c) Assist local governments with eliminating the siting of new septic
                            systems in unsuitable soils, either those that perc too slow or too fast, to
                            decrease associated contaminants from reaching preserve, tributary and
                            groundwaters, to protect water quality and all the aquatic biological
                            communities.

                            d) Request local governments to require that all rebuilt septic systems
                            meet current standards, to decrease contaminants from reaching preserve,
                            tributary and groundwaters, to protect water quality and aquatic
                            communities.

                     7. STORMWATER RELATED INITIATIVES

                            a) Work with the DER, WMD and local authorities to prevent additional
                            stormwater discharges to the aquatic preserve or tributaries, to
                            decrease nutrients, sediment and other toxics from reaching preserve
                            waters, to protect water quality and aquatic communities.

                            b)    Encourage local governments to remove existing untreated
                            stormwater discharges to the aquatic preserve or tributaries, or retrofit
                            existing untreated systems with detention/retention areas, to decrease
                            associated contaminants from reaching preserve and tributary waters to
                            protect water quality and aquatic communities.

                            c) Request local governments to require onsite stormwater retention
                            and buffer areas for new development sites, to decrease associated
                            contaminants from reaching preserve and tributary waters to protect water
                            quality and aquatic communities.

                     8. LAND USE PLANNING AND MANAGEMENT INITIATIVES

                            a)   Identify and encourage the designation of additional critical
                            mangrove, salt marsh and other coastal wetland habitats below the
                            MHWL as part of the aquatic preserve, to protect existing
                            submerged/emergent vegetative communities and associated fish
                            spawning/nursery and bird rookery/feeding areas.

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                        b) Work with DER to designate the tributary creeks and adjacent
                        wetlands as OFW (Outstanding Florida Waters), to protect the associated
                        freshwater biological communities and water quality.

                        c) Encourage the acquisition and/or donation of out parcel submerged
                        lands to state ownership through project mitigation requirements,
                        enforcement penalties and/or tax incentives, to decrease the fragmentation
                        of quality submerged habitats.

                        d) Encourage local governments to identify- critical habitats on future
                        land use maps to decrease the   -fragmentation of quality habitats and protect
                        the associated biological communities.

                        e)    Encourage state and/or local government acquisition and
                        preservation of critical mangrove, salt marsh habitats above and below
                        the MHWL, to decrease the fragmentation of quality habitats and protect the
                        associated biological communities.

                        Q Assist local governments with siting new commercial areas away
                        from sensitive biological habitats adjacent to the bay and its tributaries, to
                        decrease the loss of mangrove and salt marsh communities and associated
                        designated species habitats.

                        g) Assist local governments and/or regional agencies with initiatives
                        to restore natural hydrological conditions in the watershed, to restore
                        mangrove, salt marsh and other wetland habitats.

                        h) Assist local governments with sea turtle protection and the
                        identification of nesting areas and adoption of applicable beach light and use
                        regulations, to decrease the loss of nesting areas, to protect the species.

                        Q     Encourage state and/or local government acquisition and
                        preservation of significant coastal archaeological sites as such sites in
                        addition to their cultural values also provide unique habitat to many rare and
                        endangered plant and animal species.

                 The Lemon Bay Aquatic Preserve management action plan, which identifies the
                 tasks for accomplishing these initiatives, is given in the next chapter.

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                                                     CHAPTER V1

                                           MANAGEMENT ACTION PLAN

                 This chapter establishes the guidelines for managing and protecting Lemon Bay
                 Aquatic Preserve's natural and cultural resources for the benefit of present and future
                 generations (Section 258.35, F.S.).

                 Before an effective program can be designed to manage and protect the preserve's
                 natural resources, it is important to know what resources are present, where they are
                 located, what their functions are, and which of these functions are the most important.
                 Additionally, it is important to know which activities and parameters are affecting the
                 resources, either positively or negatively, This information is used to identify the
                 actions needed to adequately manage and protect the natural resources. To be
                 effective, the management strategy for the aquatic preserve must include a
                 combination of components - resource management, resource protection, research,
                 and environmental education.

                 In general, the role of the Aquatic Preserve Program in managing the Lemon Bay
                 Aquatic Preserve serves the following functions: (1) overseeing activities that affect
                 the natural and cultural resources within the bay; (2) providing information on the
                 ecological functions and economic importance of the bay; (3) educating the public
                 on the inherent and economic values of the resources; (4) conducting field surveys
                 of proposed project sites to collect accurate biological and physical information; (5)
                 ensuring that the field data is considered in permit-related issues and planning
                 decisions; (6) ensuring that all statutes and rules regarding the bay's natural and
                 cultural resources are complied with; (7) ensuring that violations are enforped by the
                 appropriate authorities; (8) coordinating resource management and enforcement
                 activities with other agencies; (9) conducting or assisting with pertinent research
                 projects; and (10) developing a comprehensive management program for the
                 preserve that is periodically updated.

                 The specific actions needed to manage and protect the aquatic resources in Lemon
                 Bay are: A. Managing the Resources; B. Protecting the Resources; C. Conducting
                 Research and D. Informing and Educating the Public and Policy Makers about Lemon
                 Bay Aquatic Preserve resources and activities. For each category, specific objectives
                 are identified, along with the tasks needed to accomplish them.

                 How well and how soon these actions are accomplished depends on the level of staff
                 and funding support given to the Lemon Bay Aquatic Preserve by the state
                 legislature. The list given below is a complete list of actions needed to adequately
                 protect and manage the preserve according to the intent of the Florida Aquatic
                 Preserve Act and Chapter 18-20 Florida Administrative Code.

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

                    A. MANAGING THE RESOURCES

                    The overall goals of resource management within the aquatic preserve are: (1)
                    maintaining current, detailed resource inventories, (2) maintaining an up-to-date
                    inventory of physical alterations from human activities, (3) restoring and enhancing
                    littoral zone habitats; (4) improving water quality; and (5) establishing a DNR aquatic
                    preserve office within Lemon Bay Aquatic Preserve.

                    The five resource management goals are accomplished by the following objectives
                    and tasks:

                    GOAL All: MAINTAIN RESOURCE INVENTORIES.

                          OBJECTIVE A/1-1: Up-date the existing resource inventory of submerged
                          and emergent vegetation every 5 years.

                                 Task A/1-1.1: Compile existing data on seagrasses, attached algae,
                                 mangroves, marsh grasses, and other shoreline vegetation in the
                                 preserve.

                                 Task A/1-1.2: Conduct an inventory of resources in identified critical
                                 areas, on an on-going basis.

                                 Task A/1-1.1 Record and maintain resource inventory data on
                                 sectional aerial photos.

                          OBJECTIVE A/1-2: Identify areas used by designated species, on an on-
                          going basis.

                                 Task A/1-2.1: Compile existing data on designated species habitats
                                 within the preserve.

                                 Task A/1-2.2: Conduct inventory of designated species habitats, on
                                 an on-going basis.

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                               Task A/1-2-3: Record and maintain resource inventory data on
                               sectional aerial photos.

                        OBJECTIVE A/1-3: Identify areas used by colonial nesting birds, on an on-
                        going basis.

                               Task A/1-3.1: Compile existing data on colonial nesting bird areas
                               within the preserve.

                               Task A/1-3.2: Conduct inventory of colonial bird nesting areas on an
                               on-going basis.

                               Task A/1-3.3: Record and maintain resource. inventory data on
                               sectional aerial photos.

                        OBJECTIVE A/1-4: Create an inventory of benthic invertebrates on un-
                        vegetated bottoms, on an on-going basis.

                               TaskA/1-4.1: Compile existing data on benthic invertebrateswithin the
                               preserve.

                               Task A/1-4.2: Conduct inventory of benthic invertebrates, on an on-
                               going basis. The level of detail of the inventory will depend on the
                               expertise of available field staff and the amount of assistance available
                               from the DNR Marine Research Institute.

                               Task A/1-4.3: Record and maintain resource inventory data on
                               sectional aerial photos.

                        OBJECTIVE A/1-5: Up-date inventory of baseline physical substrate and
                        water column conditions.

                               Task A/1-5.1: Compile existing data on physical substrate and water
                               column conditions.

                               Task A/1 -5.2: During other resource inventories, collect information on
                               physical substrate and water column conditions.

                        OBJECTIVE A/1-6: Create an inventory of areas used by manatees in Lemon
                        Bay Aquatic Preserve.

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                                   Task A/1-6.1: Compile existing data on areas used by manatees,
                                   using information from DNR Marine Research Institute, The Littoral
                                   Society and other local groups and agencies.

                                   Task A/1-6.2: Share information on manatee use of the preserve
                                   between agencies and local interest groups.

                                   Task A/1-6.3: Up-date inventory of manatee areas, on an on-going
                                   basis, during other inventories.

                                   Task A/1-6.4: Record and maintain inventory data on sectional aerial
                                   photos.

                            OBJECTIVE A/1-7: Create a Geographic Information System (GIS) data base
                            on the computer to mesh the different resource inventory data bases.

                                   Task A/1-7.1: Acquire computer and software needed to create the
                                   GIS at regional DNR aquatic preserve office.

                                   Task A/1 -7.2: Train local and regional DN R field staff to input data and
                                   use the GIS.

                                   Task A/1-7.3: Transfer resource inventory data from data sheets and
                                   photos to GIS data base.

                                   TaskA/1-7.4: Up-date GIS database as new resource inventories are
                                   conducted.

                            OBJECTIVEA/1-8: Maintain an inventory of archaeological and historic sites.

                                   Task A/1 -8.1: Compile existing data on archaeological site and historic
                                   structure locations, composition, condition, cultural assignment, and
                                   ownership.

                                   Task A/1-8.2: Record and maintain site location data on sectional
                                   aerial photos.

                                   Task A/1-8.3: Periodically visit recorded sites and monitor erosion and
                                   vandalism occurences.

                    GOAL AL2: MAINTAIN INVENTORY OF PHYSICAL ALTERATIONS OCCURRING
                    IN THE AQUATIC PRESERVE DUE TO HUMAN ACTIVITIES.

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                        OBJECTIVE A/2-11: Create inventory of physical alterations due to human
                        activities, on an on-going basis.

                               Task A/2-11.11:    Compile existing photos and data on physical
                               alterations in the preserve associated with human activities.

                               Task A/2-1.2: Conduct inventory of docks and piers in the preserve,
                               on an on-going basis. The inventory will include at a minimum: the
                               length of the access structure waterward of MHWL, the area of the
                               terminal structure, the height above MHWL, water depth at the terminal
                               end, number of boats, functional condition, accessory facilities, use
                               category of riparian property, and the biological resources within 25
                               feet.

                               Task A/2-1.3: Conduct inventory of dredged areas, on an on-going
                               basis. The inventory will include at a minimum: the length, width and
                               depth of the dredged area, depth profiles of the surrounding area,
                               traditional use of the area, biological resources of dredged and
                               surrounding area and review of data previously collected at the site.

                               Task A/2-11A Conduct inventory of shoreline stabilization activities in
                               the preserve, on an on-going basis. The inventory will include at a
                               minimum: the total length of riparian shoreline, the length of the
                               shoreline stabilization, the techniques and materials to be used,
                               biological resources and review of previously collected data at the site.

                               Task A/2-1.5: Record and maintain inventory on sectional aerial
                               photos.

                 GOAL A13: RESTORE AND ENHANCE LITTORAL ZONE HABITATS.

                        OBJECTIVE A/3-11:         Restore and enhance unvegetated, eroding and
                        disturbed shoreline areas.

                               Task A/3-11.11: Identify unvegetated, eroding and disturbed shoreline
                               areas during resource inventories and permit reviews.

                               Task A/3-1.2: Encourage private property owners and managers of
                               publicly owned lands to revegetate disturbed shorelines with natural
                               plantings such as mangroves and SQartina.

                        OBJECTIVE A/3-2: Enhance natural shoreline functions in sea walled areas
                        where natural habitat no longer exits.

                                   Task A/3-2.11: Identify sea walls without riprap or plantings at the base,
                                   during resource inventories and permit reviews.

                                   Task A/3-2.2: Encourage private landowners and managers of publicly
                                   owned lands to place riprap, or other structures to encourage
                                   invertebrate and fish use at the base of the sea wall if it is submerged
                                   and natural habitat no longer exists. ,

                                   Task A/3-2.3: Encourage private landowners and managers of publicly
                                   owned lands to plant mangroves or Sl2artina at the base of the sea wall
                                   if it is exposed or in shallow water.

                    GOAL A14:      IMPROVE WATER QUALITY.

                            OBJECTIVE A/4-1: Encourage and support actions by FDER and the water
                            management district which help improve and protect water quality in Lemon
                            Bay and its tributaries.

                                   Task A/4-1.1: Recommend that Lemon Bay be added to the SWIM
                                   program of the Southwest Florida Water Management District.

                                   Task A/4-1.2:        Encourage local governments and the water
                                   management district to consider primary, secondary and cumulative
                                   impacts to waters of the aquatic preserve caused by point source,
                                   nonpoint source and stormwater discharges when making management
                                   decisions.

                                   Task A/4-1.3: Work with local mosquito control districts to assure that
                                   the arthropod control plans are in compliance with Section 388.4111,
                                   F.S. and that arthropod control activities are consistent with this
                                   management plan.

                                   Task A/4-1.4: Encourage private marinas and public docking facilities
                                   to establish additional sewage pumpout stations and publicize the
                                   location of existing stations.

                                   Task A/4-1.5: Require placement of a grassed berm just upland of
                                   new sea walls that are being replaced, to allow infiltration of runoff water
                                   from the yard.

                                   Task A/4-1.6: Require proper stormwater retention and routing for
                                   new public roads and parks or improvements to existing roads and
                                   parks.

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                  GOAL A15: ENCOURAGE USES OF ADJACENT UPLANDS WHICH PROTEC
                  AND ENHANCE THE RESOURCES IN THE AQUATIC PRESERVE.

                          OBJECTIVE A/5-1: Assure that local government comprehensive plans and
                          amendments include provisions which protect the aquatic preserve resources.

                                 Task A/5-11.11: Identify and contact the appropriate staff of local
                                 governments, the regional planning council and Florida Department of
                                 Community Affairs (FDCA) who are involved with developing the
                                 comprehensive plans and amendments governing the Lemon Bay
                                 Aquatic Preserve area.

                                 Task A/5-1.2: Work with local government, regional planning council
                                 and FDCA staff to include appropriate resource protection provisions in
                                 comprehensive plans, up-dates and amendments.

                          OBJECTIVE A/5-2: Assure that local government ordinances include
                          provisions which protect the aquatic preserve resources.

                                 Task A/5-2.11: Contact appropriate local government and regional
                                 planning council staff involved with ordinance adoption and revision.

                                 Task A/5-2.2: Work with local government and regional planning
                                 council staff to include appropriate resource protection provisions in the
                                 new and amended ordinances.

                   B. PROTECTING THE RESOURCES

                   To maintain the biological integrity of the aquatic preserve, it is necessary to protect
                   the resources that comprise the system. Two primary sets of tools are available to
                   protect the resources. Before activities or projects are begun, the criteria given in the
                   Aquatic Preserve rules and regulations can be used to guide environmentally sound
                   projects. After damage has been done to the resources from illegal activities,
                   enforcement can be used to recover losses.

                   Since it is not feasible to target all the individual species of organisms in the preserve
                   adequately, the primary thrust of the resource protection element is to protect the
                   habitats that house the organisms. Therefore, the resource protection goals for the
                   aquatic preserve are to use regulatory and enforcement mechanisms to: (1) protect
                   the existing aquatic communities including: submerged vegetation (seagrasses and
                   algae), emergent vegetation (mangroves, smooth cordgrass), oyster bars and clam
                   beds, and (2) protect designated species habitat.

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                    The objectives and tasks needed to accomplish the resource protection goals are
                    given below.

                    GOAL B11: PROTECT EXISTING AQUATIC COMMUNITIES.

                           OBJECTIVE 13/1-1: Minimize potential damage to submerged and emergent
                           vegetation and oyster bars and clam beds through the review of and comment
                           on applications for use of state-owned land in the aquatic preserve.

                                  Task B/1-1.1: Conduct thorough surveys of proposed project sites
                                  and immediately adjacent areas. The survey of the submerged bottom
                                  will include at a minimum: a description of all communities/habitats, the
                                  bottom substrate, water depth profiles, tidal amplitude/stage and a
                                  physical description of the surrounding area. The survey of the
                                  shoreline (where appropriate) will include at a minimum: a description
                                  of the vegetation, a description of any existing structures and notation
                                  of any nesting bird and designated species use.

                                  Task B/1-1.2: Determine if each proposed project site is located in a
                                  Primary Resource Protection Area. Primary Resource Protection Areas
                                  are areas of significant resources, including, but not limited to: 1)
                                  seagrasses and algae, 2) mangroves and marsh grass, 3) harvested
                                  bivalves,      4) unvegetated soft-bottom communities, 5) hard-bottom
                                  communities, 6) designated species, and 7) nesting sites for solitary or
                                  colonial birds.

                                  Task B/1-1.3: Assess the uniqueness of the resources and the
                                  potential primary, secondary and cumulative impacts of the proposed
                                  project during application review.

                                  Task B/1-1.4: Place draft restrictions on letters of consent for single
                                  family docks requiring at least 12" of clearance between the bottom of
                                  the boat to be moored at the dock and the submerged vegetation at
                                  mean low water. In areas with inadequate water depths, the riparian
                                  access will be limited to a fishing pier.

                                  Task B/1-1.5: Provide project review comments from aquatic preserve
                                  field staff to the appropriate regional DNR planner in a timely manner.

                                  Task B/1-1.6: Coordinate project review and information with other
                                  appropriate agencies that have regulatory authority for the projects.

                                  Task B/1-1.7: Include data collected during the review of proposed
                                  projects in the resource inventory updates and on the sectional aerial
                                  photos.

                                                               114

                       OBJECTIVE B/1-2: Ensure that structures and projects that have been
                       authorized and built are in compliance with the authorized conditions.

                              TaskB/1-2.1: Request that the regional DNR planners forward copies
                              of all letters of consent, easements agreements, lease agreements, and
                              other forms of authorizations for applications in the preserve to the local
                              aquatic preserve office.

                              Task B/1-2.2: Report violations of authorized uses to the appropriate
                              DNR enforcement agent.

                              Task B/1-2.3: Inform other appropriate agencies with regulatory
                              authority of projects which are not in compliance with authorized
                              conditions.

                       OBJECTIVE B/1-3: Ensure that structures and projects that have been built
                       or are occurring have been authorized.

                              Task B/1-3.11: Report activities that do not appear to       have been
                              authorized to the appropriate DNR enforcement agent.

                              Task B/1-3.2: Inform other appropriate agencies with regulatory
                              authority of projects that do not appear to have been authorized.

                              Task B/1-3.3: Pursue removal of illegal structures that have significant
                              adverse impacts on unique resources within the preserve.

                       OBJECTIVE B/1-4: Ensure that human use of the preserve does not create
                       turbidity levels that adversely affect submerged vegetation.

                              Task B/1-4.1: Establish an ordinance to reduce the speed of boats
                              traveling in shallow areas outside the Intercoastall Waterway.

                              Task B/1-4.2: Require that all dredge and fill projects use effective
                              turbidity control practices.

                              Task B/1-4.3: Place "Caution - Seagrass" signs along navigation
                              channels near areas where heavy propeller scarring occurs in adjacent
                              seagrass beds.

                       OBJECTIVE 13/1-5: Ensure that rebuilt structures and projects comply with
                       current regulations.

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                                   TaskB/1-5.1: Require conditions on the consents of 'Use for structures
                                   and projects that are being rebuilt to bring the projects into compliance
                                   with existing rules and regulations.

                    GOAL BL2: PROTECT DESIGNATED SPECIES HABITAT.

                           OBJECTIVE B/2-1: Ensure that identified designated species habitats are
                           given maximum protection through the permit-review process.

                                   Task B/2-1.1: Recommend modifications to proposed projects that will
                                   eliminate or reduce adverse impacts to the habitat of designated
                                   species on state-owned submerged -lands and adjacent uplands,

                                   Task B/2-1.2: Work with the Florida Game and Freshwater Fish
                                   Commission non-game biology program to coordinate efforts to protect
                                   rookeries and major foraging areas in the aquatic preserve.

                    C. CONDUCTING RESEARCH

                    Effective management of biological systems, such as the Lemon Bay Aquatic
                    Preserve, relies significantly on information about how those systems function.- This
                    information is collected through both basic and applied research. Dynamic systems,
                    like Lemon Bay, are in a constant process of change and therefore it is important to
                    continually up-date the base of scientific information. Because of the resource
                    management needs, the research program within the Bureau of Submerged Lands
                    and Preserves is primarily focused on research applicable to specific issues within the
                    preserves. Complementary, basic research is conducted by the DNR Marine
                    Research Institute.

                    The goals of the research program for the preserve are to: (1) determine the
                    changes that are occurring in the aquatic communities within the preserve, (2)
                    determine the changes that are occurring in the manatee use of the area, and (3)
                    encourage on-going research on specific issues within the preserve.

                    Site specific research conducted by aquatic preserve staff within the Lemon Bay
                    Aquatic Preserve will be coordinated with the research efforts of FDNR Marine
                    Research Institute and other appropriate agencies and institutions.

                    Given below are the objectives and tasks needed to accomplish the five research
                    goals.

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                GOAL CLI: DETERMINE CHANGES THAT ARE OCCURRING IN THE AQUATIC
                COMMUNITIES IN THE PRESERVE.

                       OBJECTIVEC/1-1: Determine changes that occur in littoral habitats between
                       times of resource inventories.

                              Task C/1-1.1: Develop, and put in writing, uniform procedures and
                              techniques to be used consistently to conduct resource inventories.

                              Task C/1-1.2: Compare results of the next resource inventory with
                              those of the inventory used to prepare this plan.

                              Task C/1-1.3: Identify specific locations within the preserve where
                              positive or negative changes have occurred to habitats or functions
                              between the times of the inventories.

                              Task C/1-1.4: Identify possible causes of the changes.

                              Task C/1-1.5: Determine management and research actions needed
                              to correct the identified problems.

                       OBJECTIVE C/1-2: Assess the impacts of permitted projects on the natural
                       communities within the preserve.

                              Task C/11-2.11: Conduct additional resource inventories at sample
                              project sites, before and periodically after project construction. The
                              sample sites should include dock,, dredging and shore stabilization
                              sites. The site inventories should be repeated every 6 months for 2 to
                              5 years, as needed to assess impacts.

                              Task C/1-2.2: Analyze changes to communities before and after
                              project installation.

                              Task C/1-2.3: Determine design, management and research actions
                              needed to correct identified problems.

                       OBJECTIVE C/1-3: Determine changes that occur in designated species
                       habitat between time of inventories.

                              Task C/11-3.11: Compare resource inventory results of designated
                              species habitat as often as possible during each five year period.

                                                        117

                                  Task C/1-3.2: Identify specific locations where positive or negative
                                  changes have occurred to habitats or functions between times of the
                                  inventories.

                                  Task C/1-3.3: Identify potential causes of the changes.

                                  Task C/1-3.4: Identify management and research actions needed to
                                  correct problems.

                    GOALC12: DETERMINE CHANGES THAT ARE OCCURRING TO MANATEE USE
                    OF THE AQUATIC PRESERVE OVER TIME.

                           OBJECTIVE C/2-1: Determine changes that occur in manatee use of the
                           aquatic preserve over time.

                                  Task C/2-11.11: Review existing data on manatee use of the preserve,
                                  working with the DNR Marine Research Institute and the Littoral Society.

                                  Task C/2-1.2: Identify specific locations where changes in manatee
                                  use in the preserve have occurred between times of the inventories.

                                  Task C/2-1.3: Analyze results of on-going manatee inventories and
                                  compare to previous inventory results.

                                  Task C/2-1.4: Identify potential causes of changes in manatee use of
                                  the preserve.
                                  Task C/2-1.5: Determine management and researcl@'actions needed
                                  to correct identified problems.

                    GOAL C13: ENCOURAGE ON-GOING RESEARCH WITHIN THE PRESERVE.

                           OBJECTIVE C/3-1: Develop a program for site and activity specific research
                           within the Lemon Bay Aquatic Preserve.

                                  Task C/3-11.11: Identify short and long term research needs for the
                                  preserve and up-date the list every year.

                                  Task C/3-1.2: Work with DNR Marine Research Institute and educa-
                                  tional institutions to develop a program and schedule to conduct
                                  research.

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                                Task C/3-11.1 Provide local logistical support to Marine Research
                                Institute and educational institutions, when possible, to conduct
                                research.

                 D. INFORMING AND EDUCATING THE PUBLIC AND POLICY MAKERS

                 The integrity of the biological systems, including the cultural and archeological
                 resources, within the Lemon Bay Aquatic Preserve can be affected, both directly and
                 indirectly, by the public's enjoyment of the preserve. Conversely, the public's
                 enjoyment of the preserve depends on the biological health of the resources. Without
                 a biologically "healthy" bay, water quality will deteriorate, fisheries will fail due to loss
                 of habitat, and many species of wading birds will disappear. Without protection,
                 study and interpretation, our understanding of archaeological sites and historic sites
                 and the contribution which they make to our historic heritage is diminished.

                 One of the primary aims of the Aquatic Preserve Program, therefore, is to educate the
                 public and policy makers about the importance of the resources in the preserve and
                 the effects of certain actions on the functions of those resources.

                 The public that affects and is affected by the health of the resources in the preserve
                 is composed of a number of segments: (1) students (elementary, secondary, college,
                 etc.); (2) waterfront property owners; (3) user groups (e.g., fisherman, boaters,
                 developers and marine contractors); (4) visitors and new residents; and (5) special
                 interest groups (e.g., Audubon Society, boating clubs). The policy makers include
                 local, regional, and state government agencies that are involved in making decisions
                 regarding the bay. To be effective, the information/education program needs to be
                 responsive to each of these groups of people.

                 The goals of the environmental information and education element for the preserve
                 are: (1) to provide information to the public and policy makers about the Lemon Bay
                 Aquatic Preserve and its resources and (2) to educate the public and policy makers
                 about the preserve and its management. It is important for individuals to understand
                 the significance of preserving our natural and cultural resources when they are
                 making policy and personal decisions that affect the resources. The intended result
                 is to help the public and policy makers become responsible users of the preserve.
                 Two DNR publications, Environmental Education in Florida: Needs and Goals, and
                 A Guide for Environmental Education, are available references to aid in accomplishing
                 this goal.

                 The objectives and tasks supporting these two primary information/education goals
                 follow.

                 GOAL D11: PROVIDE INFORMATION TO THE PUBLIC AND POLICY MAKERS
                 ABOUT LEMON SAY AQUATIC PRESERVE AND ITS RESOURCES.

                                                              119

                          OBJECTIVE D/1-1: Produce educational literature and materials that inform
                          the public and policy makers about the bay's natural and cultural resources,
                          including listed species, and the importance of preserving and protecting them.

                                 Task D/1-1.1: Draft brochures, pamphlets, posters, booklets and signs
                                 describing the program's purposes and the aquatic preserve's ecosys-
                                 tems, including cultural resources and archaeological sites, and related
                                 local activities.

                                 Task D/1-1.2: Work with central office staff to produce final versions
                                 of informational materials.

                          OBJECTIVE D/1-2: Provide information to existing environmental education
                          programs at public and private schools and educational centers about the
                          preserve, its resources and activities.

                                 Task D/1-2.1: Provide the county school boards with information on
                                 the aquatic preserve's environmental education programs and available
                                 assistance for their existing educational programs.

                                 Task D/1-2.2: Provide Manatee Community College and the American
                                 Littoral Society with information about the preserve's education
                                 programs and available assistance.

                          OBJECTIVE D/1-3: Provide information to the general public about the
                          Lemon Bay Aquatic Preserve, its resources and activities.

                                 Task D/1-3.1: Distribute brochures, posters, etc. to commercial
                                 marinas, bait shops and local convenience stores.

                                 Task D/1-3.2: Put up display boards at public boat ramps with aquatic
                                 preserve and resource information.

                                 Task D/1-3.3: Construct a small shelter with informational displays at
                                 a central location adjacent to the preserve. The shelter can also be
                                 used for field trips and presentations.

                          OBJECTIVE D/1-4: Provide information to the general public about the
                          importance of proper boat sewage pump-out procedures.

                                 Task D/1-4.1: Develop brochures and posters on impacts of improper-
                                 ly disposed of boat wastes, regulations and locations of local pump-out
                                 stations.

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                               Task D/1-4.2: Distribute brochures and posters about proper boat
                               waste procedures to commercial marinas and fueling stations and
                               display at public launch sites.

                        OBJECTIVE D/1-5: Inform policy makers about the preserve, its resources
                        and activities.

                               Task D/1 -5.1: Distribute information about the preserve resources and
                               activities to local government planning and resource management
                               offices.

                        OBJECTIVE D/1-6: Inform the general public and policy makers about
                        current activities in the preserve.

                               Task D/1-6.1:     Prepare and distribute news releases on current
                               activities and resources within the preserve.

                               Task D/1-6.2:     Prepare and distribute news releases on current
                               enforcement of illegal activities and denial of permits within the preserve.

                 GOAL D12: EDUCATE THE PUBLIC AND POLICY MAKERS ABOUT LEMON BAY
                 AQUATIC PRESERVE AND ITS RESOURCES.

                        OBJECTIVE D/2-1: Establish informational workshops for environmental
                        educators about the bay's natural resources, including listed species.

                               Task D/2-2.1: Participate in, schedule and/or coordinate two instruc-
                               tional workshops for public and private school teachers and environ-
                               mental educators per year.

                               Task D/2-2.2: Coordinate with and assist local environmental and
                               school groups, such as the American Uttoral Society and Manatee
                               Community College, on their scheduled interpretive talks.

                        OBJECTIVE D/2-2: Establish and conduct educational programs in locations
                        where no appropriate programs currently exist.

                               Task D/2-2.1: Notify the county school boards of the fields staff's
                               intent to establish environmental education programs in their jurisdic-
                               tional area.

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                                  Task D/2-2.2: Conduct off-site classroom instruction with field trips to
                                  the preserve for educators.

                                  Task D/2-2.3: Conduct or assist with informal seminars, classes and
                                  workshops about current resource management issues, resource
                                  utilization and regulatory activities in the preserve. The workshops
                                  should be a forum for public discussion and should include both public
                                  and private interests.

                           OBJECTIVE D/2-3: Improve understanding of local policy makers and staff
                           of the environmental conditions and management of the resources within the
                           aquatic preserve.

                                  Task D/2-3.1: Develop and initiate meetings of an inter-agency
                                  coordination committee to coordinate activities affecting Lemon Bay.

                                  Task D/2-3.2:      Make presentations at regular meetings of local
                                  government planning and resource management committees.

                                  Task D/2-3.3: Conduct informal workshops for local policy makers
                                  and staff about the aquatic preserve, its natural resources and the
                                  management of the resources.

                           OBJECTIVE D/2-4: Establish an on-site environmental education center with
                           displays in the aquatic preserve.

                                  Task D/2-4.11: Identify the needs, size and location for a local environ-
                                  mental educational center.

                                  Task D/2-4.2: Work with local educational institutions, groups and
                                  governments to construct, supply and staff an environmental learning
                                  center adjacent to the preserve.

                                  Task D/2-4.3: Request Bureau funding support for materials, supplies
                                  and partial operating expenses for environmental learning center.

                    How effective this Management Action Plan is at guiding the protection and manage-
                    ment of the resources within the Lemon Bay Aquatic Preserve depends on how well
                    these goals, objectives and tasks are carried out. Good coordination between
                    agencies and citizen support groups and adequate staffing and funding support are
                    critical to the success of the program. The roles of agencies and citizen groups
                    involved with managing and protecting the preserve are given in the next chapter,
                    "Chapter VII - Management Coordination Network". How much will be accomplished
                    by available staffing and funding levels is estimated in "Chapter Vill - Staffing and
                    Funding Needs".

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                                                     CHAPTER Vill

                                    MANAGEMENT COORDINATION NETWORK

                  This chapter presents a general overview of the various federal, state, regional, and
                  local agencies that regulate or hold any interest in the management or use of the
                  Lemon Bay Aquatic Preserve. A reference matrix of these regulatory programs and
                  their jurisdictions is presented in Table 2, located at the end of this chapter. One
                  function of the aquatic preserve program is to coordinate with those agencies to
                  achieve common goals relevant to aquatic preserve management.

                  A. FEDERAL AGENCIES

                  A number of federal agencies have property interests, construction activities,
                  regulation programs, research activities, and land/wildlife management programs
                  that deal either directly or indirectly with the aquatic preserves. These federal
                  agencies include: U.S. Army Corps of Engineers, U.S. Coast Guard, U.S.
                  Environmental Protection Agency, U.S. Geological Survey, U.S. Fish and Wildlife
                  Service, and the National Marine Fisheries Service.

                  The U.S. Army Corgs of Engineers (COE)- 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 the agency to
                  consider the fish and wildlife, conservation, pollution, aesthetics, ecology, and other
                  relevant factors of a project. The Corps Regulatory Program expanded in 1972 with
                  the Federal Water Pollution Control Act Amendments, also know as the Clear Water
                  Act (CWA). Section 404 of this act requires the Corps to control dredge and fill
                  activities.  In 1977, amendments to the CWA extended this jurisdictional
                  responsibility to wetlands. The Corps also contributes 50% of the funds reimbursed
                  to the Water Management Districts by the Department of Natural Resources for
                  aquatic plant control.

                  The Lemon Bay Aquatic Preserve is monitored by the U.S. Coast Guard (USCG)
                  for boating safety (including search and rescue operations) and navigational
                  problems, and to enforce maritime laws.            The Coast Guard Auxiliary, an
                  organization of volunteers, performs boating safety inspections, conducts boating
                  classes and assists in search and rescue operations.

                  The U.S. Environmental Protection Agengy (EPA) has jurisdiction over surface
                  waters in the state. Enforcement authority was given under the Clean Water Act
                  of 1968 and broadened under the 1977 revision. In general, the EPA is responsible
                  for pollution control and abatement, including: air, water, noise, solid waste, toxic
                  waste, and radiation. The agency review permits issued by the Department of

                                                           123

                     Environmental Regulation for the treatment, disposal, and storage of hazardous
                     waste. Authority is divided between EPA and USCG regarding the discharge of oil
                     or hazardous substances into surface water.

                     The.U.S. Geological Survpy (USGS) performs surveys and research pertaining to
                     .topography and geology as well as monitoring the mineral and water resources of
                     the Lemon Bay Aquatic Preserve region.

                     The 'U.S. Fish and Wildlife Service (USFWS) is responsible for fish and wildlife and
                     their habitat as authorized in the;-Coastal Barrier Resources Act (COBRA), National
                     Environmental Protection Act, Migratory Bird Act, Endangered Species Act, and the
                     Fish and Wildlife Coordination Act (FWCA). Under provision of the FWCA, USFWS
                     must be consulted before COE can submit a plan for Congressional approval. The
                     USFWS comments on the impacts of proposed projects on endangered species,
                     migratory birds, and other fish and wildlife and their habitats. They are directed to
                     prepare environmental impact assessments or statements for proposed projects by
                     the COE and are authorized to issue "Jeopardy Opinion" against any proposed
                     project which will negatively affect an endangered species (Barile et al., 1987).

                     The  ,National Marine Fisheries Service (NMfJS, under the Department of
                     Commerce, is involved with fisheries management.

                     In accordance with the federal consistency review process, the Bureau of
                     Submerged Lands and Preserves reviews the federal programs and activities as to
                     how they affect the objectives of the aquatic preserve management program. This
                     review is coordinated through the Florida Department of Environmental regulation's
                     office of Coastal Management in order to enforce the provisions of the Federal
                     Coastal Zone Management Act of 1972, as amended.

                     B. STATE AGENCIES

                     Eight state agencies have programs that affect the resources or regulate activities
                     within the aquatic preserves: Department of Natural Resources, Department of
                     Environmental regulation, Department of Health and Rehabilitative Services, Game
                     and Freshwater Fish Commission, Department of Community Affairs, Marine
                     Fisheries Commission, Department of State, and the Department of Transportation.

                     Although not a state agency, the Office of Planning and Budgeting of the
                     Governor's Executive Office, in conjunction with the DER's office of Coastal
                     Management, 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 control federal activities.

                                                              124

                  Each project must undergo this additional review to determine if the project is
                  consistent with established programs, policies, and rules of the State, including
                  aquatic preserves.

                  The Florida Degartment of Natural Resources' (DNR) areas of responsibility include
                  state lands, sovereignty submerged lands, and marine resources (e.g., marine
                  research projects, sea turtle and manatee protection). The Florida Marine Patrol
                  enforces safe boating laws as well as commercial and recreational fishing
                  regulations. Authority granted under Chapters 18-20, and 18-21, F.A.C., gives DNR
                  responsibility to regulate commercial and residential docks and other structures and
                  activities conducted on submerged lands.          Under Chapter 16C, F.S., DNR
                  responsibility for various aquatic plant control programs, including permit review for
                  mechanical, biological, and chemical control of aquatic plants. Permits are also
                  necessary under Chapter 16C-52, F.S., "Aquatic Plant Importation, Transportation,
                  Cultivation, and Possession", for any persons cultivating, revegetating, or collecting
                  aquatic plants@. Under Section 161 F.S., the Division of Beaches and Shores has
                  authority to regulate the location of construction and excavation activities and
                  vegetation protection below the Coastal Construction Control Line, as well as
                  conduct beach and inlet planning activities.

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

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

                  The DER's rules significant to the aquatic preserve management program are
                  Chapters 17-3, 17-4, and 17-12, F.A.C. Authority for these rules is based in
                  Chapter 403, F.S. Chapter 17-3, F.A.C., addresses water quality standards with the
                  most stringent category being "Outstanding Florida Waters" (OFW). As an OFW,
                  ambient conditions of the waterbody become the water quality standards, not a set
                  of prescribed values. The Lemon Bay Aquatic Preserve became an OFW prior to
                  its designation as an aquatic preserve. Chapter 17-4, F.A.C., addresses permit
                  requirements and Chapter 17-12, 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 the use of state-owned lands shall
                  have prior approval of the Trustees. An interagency agreement between DNR and

                                                           125

                    DER provides for DNR staff comments into the DER permitting process for
                    environmental impacts in aquatic preserves.

                    The  -Florida Degartment of Health and Rehabilitative Services          (HRS)     has
                    responsibilities to protect the public's health by overseeing functions that involve
                    water supply, onsite sewage disposal, septic tank cleaning, and solid waste control.
                    Authority for these responsibilities are found in Chapters 154, 381, and 386, F.S.,
                    and in the 10 D Series of F.A.C., known as the "Sanitary Code." The local county
                    health department has jurisdiction overseeing these responsibilities.

                    Also affecting the public's health and the aquatic preserve program is the arthropod
                    (mosquito) control program, which is usually administered through the local'
                    mosquito control district. Each of these public health progra ms holds the potential
                    to create significant impacts upon the aquatic preserves.

                    The florida Game and Fresh Water Fish Commission (GFWFC) 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
                    for protecting all wildlife and their habitats. As such, the GFWFC is the state
                    coordinator for species designated for protection in Florida.

                    The Florida Department of Communi1y Affairs (DCA) and the Regional Planning
                    Councils are authorized under Section 380.06, F.S., for administering the
                    Development of Regional Impact (DRI) review 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.

                    Additionally, the DCA designates Areas of Critical State Concern (ACSC) which is
                    intended to protect the areas of the state where development has endangered or
                    may endanger resources of regional or statewide significance. Under an ACSC
                    designation, the local governments are required to notify the DCA of any application
                    for a development permit. The entire land development process will require the
                    state's supervision until that local government modifies its land development
                    practices to conform to the ACSC requirements.

                    The DCA also oversees the development of Local Government Comprehensive
                    Plans (LGCP) for both counties and municipalities, as required by the Local
                    Government Comprehensive Planning and Land Development Regulation Act,
                    Chapter 163, Part 11, F.S. Subsection 163.3203 (5), F.S., provides that DCA shall
                    adopt rules for the review of local government land development regulations. Within
                    one year of submission for review by DCA, local governments are required to adopt
                    land development regulations which are consistent with their comprehensive plans,
                    pursuant to Subsection 163.3167 (2), F.S. -The two elements within theses plans
                    that bear most directly on the aquatic preserve program are the Coastal Zone
                    Management Element and the Conservation Element.

                                                             126

                  The Florida Marine Fisheries Commission (MFC) was established as the rulemaking
                  authority pursuant to Section 370.027, F.S. The seven members appointed by the
                  Governor are delegated full rulemaking authority over marine life (subject to
                  approval by the Trustees,), with the exception of endangered species. This
                  authority covers the following areas: (a) gear specifications, (b) prohibited gear, (c)
                  bag limits, (d) size limits, (e) species that may not be sold, (0 protected species,
                  (g) closed areas, (h) quality control codes, (i) open/closed seasons, and 0) special
                  considerations related to egg-bearing individuals, and (k) relaying to clams and
                  oysters. The MFC is also instructed to make annual recommendations to the
                  Trustees regarding marine fisheries research priorities.

                  The Florida Degartment of State (DOS). Division of Historical Resources (DHR)
                  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 Degartment of Transportation (DOI) has responsibilities that include
                  right-of-way and surface water runoff in the areas of roads, bridges, and
                  causeways. The DOT also updates a state-wide aerial photographic survey every
                  four years, rotating on a district basis.

                  C. REGIONAL AGENCIES

                  At the regional level, the management coordination network includes the Southwest
                  Florida Water Management, the Southwest Florida Regional Planning Council, and
                  the West Coast Inland Navigation District. These organizations conduct activities
                  that are on a broader scale than those of local governments.

                  The Southwest Florida Water Management District (SWFWMD was created by
                  Chapter 61-69, Laws of Florida, as a public corporation for carrying out Chapter
                  378, F.S., and is governed by provisions of Chapter 373, F.S. Chapters 40D-4 and
                  40D-40 were adopted to ensure continued protection of the water resources of the
                  District including wetlands and other natural resources. The rules in these chapters
                  are to implement the surface water management permit system mandated in Part
                  IV of Chapter 373, F.S. The statutes resulted from passage of Chapter 84-79, Laws
                  of Florida, the Warren G. Henderson Wetlands Protection Act of 1984.

                  SWFWIVID has jurisdiction over and administers the permitting program for water
                  use, well construction, stormwater discharge, surface water management,
                  groundwater withdrawals, water level control and provides control of exotic plants
                  (primarily hydrilla and water hyacinths) in cooperation with the COE.

                                                            127

                     It is the intent of the Florida Legislature (Chapter 87-97, Section 1-6, Laws of Florida)
                     through the Surface Water Improvement Management (SWIM) Act, that the water
                     management districts "design and implement plans and programs for the
                     improvement and management of surface water." Lemon Bay is not a designated
                     SWIM waterbody.

                     The Southwest Florida Reaional Planning Council (SWFRPC)           ,serves as a regional
                     planning body for county and municipal governments. Its many functions include:
                     (1) providing assistance to local governments with planning expertise, (2) serving
                     as the regional representative for the DRI review process, (3) serving as a regional
                     clearinghouse for state and federal projects and programs, (4) assisting local
                     governments in securing grants, (5) conveying information from the local
                     governments to the state and federal levels, and (6) preparing and administering
                     the Regional Comprehensive Policy- Plan.

                     The  'West Coast Inland Naviaation District WCI@Q,           which is part of the "Gulf
                     Intracoastal Waterway, is a multi-county district created by the Legislature. It was
                     created to provide spoil sites for maintenance of the Atlantic Intracoastal Waterway.
                     Presently, WCIND holds spoil easements over two spoil islands within the Lemon
                     Bay Aquatic Preserve.

                     D. LOCAL AGENCIES

                     The Lemon Bay Aquatic Preserve spans two counties (Charlotte and Sarasota)
                     which have areas of jurisdiction within the Lemon Bay basin and zoning regulations
                     over the adjacent uplands. Appendix 2 lists those ordinances, both proposed and
                     passed by these local governments, that relate to the management and protection
                     of resources within the aquatic preserve.

                     The Sarasota Counly Natural Resourges Department, Coastal Zone Division is the
                     lead agency in Sarasota County for reviewing and permitting all coastal projects
                     within unincorporated areas of Sarasota County. A permitting system has been
                     designed to reduce damage to coastal waters and shores and to preserve their
                     natural beauty, yet maintain property rights. Anyone proposing a coastal project is
                     required to apply for and be granted a coastal permit or variance prior to beginning
                     work.

                     There are two types of coastal projects that directly effect Lemon Bay. The first
                     category includes construction and maintenance of docks, piers, boat ramps, boat
                     basins, moorings, pilings, seawalls, rock revetments, retaining walls, regrading the'
                     shoreline, and maintenance dredging. Those projects waterward of the mean high
                     water line, or within swamp or overflow lands, encompass the majority of coastal
                     permit applications.

                                                                128

                  The second category is upland projects on the Gulf seaward of the Gulf beach
                  Setback Line (formerly the CCSL) and beach cleaning and grooming. Other upland
                  areas where the County review for any building proposal or excavation or filling is
                  required, is within an area 20 feet landward of the mean high water line or from the
                  most landward extent of swamp and overflow lands of any bay, bayou, tidal creek,
                  stream, canal, lake or river.

                  The Coastal Zone Division is also involved with environmental monitoring, habitat
                  restoration and enhancement of wetlands, sea turtle monitoring and tagging
                  program, boating regulations and safety and the creation and maintenance of
                  artificial reefs.

                  The Charlotte- Counly participation in regulation and protection of Lemon Bay is
                  principally the responsibility of a single environmental planner. The County Board
                  of Commissioners does have four committees that consider related issues and
                  citizen input. The four committees include the marine advisory, the beaches and
                  shores, the environmentally important lands acquision, and recreation and parks
                  committees. Current regulatory language is limited to the Conservation and Coastal
                  Elements of the County Comprehensive Plan. These policies provide for
                  cooperation with FDNR in their management of the State Aquatic Preserves, the
                  Charlotte Harbor State Reserve, Don Pedro State Park and the Port Charlotte State
                  Recreation Area.     The effectiveness and cooperation of the county's relevant
                  programs would be strengthened if this management plan for Lemon Bay Aquatic
                  Preserve was incorporated by reference into the Charlotte County Comprehensive
                  Plan.

                  Other policies mandate that seagrass beds are protected, manatees and their
                  feeding areas are protected, endangered and threatened species are mapped and
                  a computerized data base of their habitats be maintained, a Conservation Overlay
                  be adopted, a water quality monitoring program be implemented and that Charlotte
                  County will identify and recommend for purchase by the State of Florida, those
                  floodplains that warrant acquisition under the Conservation and Recreational Lands
                  Program, or the Save Our Rivers Program or the Save Our Coast Program.

                  E. CITIZEN SUPPORT GROUPS

                  The American Littoral SociM is a national organization which focuses attention on
                  the shore and adjacent wetlands, bays and rivers. Members include professional
                  and amateur naturalists interested in and concerned for the coastal environment.
                  The society's goal is to encourage a better understanding of aquatic environments
                  and provide a unified voices advocating the protection of the delicate fabric of life
                  along the shore.

                                                          129

                    The Florida Chapter of the Littoral Society is over five years old. Currently, there
                    is an office located in Sarasota. A regional Englewood Branch Office was located
                    on Lemon Bay for two years, but was closed in July 1991 due to lack of funding
                    support. The focus of the office was on educational programs to educate school
                    children, to offer informational seminars to the community and work with other
                    established groups in the area to form a Coalition For Action.

                    The Littoral Society in Englewood helped coordinate the Lemon Bay Conference,
                    the Lemon Bay Manatee Project and Sea Turtle Volunteers. Coastal Clean Ups
                    have been organized and local data sheets on debris picked up have been included
                    in statewide reports. Volunteers for the sea turtle program contribute data for long
                    term population studies on the Loggerhead Sea Turtle and the sighting forms for
                    the Lemon Bay Manatee Project have been instrumental in setting No Wake Zones
                    in certain areas.

                    The Society has implemented public education through articles and advertisements
                    in local newspapers concerning the effects of habitat destruction and creek
                    development on Lemon Bay.

                    The  -Lemon Bgy Conservana is an entirely non-profit organization for the
                    preservation, protection and acquisition of natural areas important in maintaining
                    the ecological balance of Lemon Bay and adjacent waters, with headquarters in
                    Englewood, Florida. It is the oldest Land Trust organization in Florida.

                    The Conservancy holds regular meetings in autumn, winter and           spring which
                    involve a wide variety of upland and wetland conservation topics. Members are
                    active in a variety of projects and have assisted as volunteers in the Lemon Bay
                    Resource Inventory. The Conservancy was active in the designation both of the
                    aquatic preserve and the Outstanding Florida Waters for Lemon Bay.

                                                            130

                                                               131

                  -r,A,            2

                    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
                             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 cur [.Do IMCD ICD SWC                    Rpc IVNIII     FIN I DAC      DCA DER         DNR    GFC IMS Dos myr FMP FSG MFC I CG CO E E PA                                  FWS NW GS
                                   Dredge anti Fill Permitting                                              0 0                                                                                                                                                                     ......
                                                                                                                                                                                                0      0                                                                 T.
                                       Docks, Fishing Piers, Seawalls                                                                                                                           0      0
                                                                                                            0 0                                                                         0       0      0
                                       Marinas
                                   Submerged             Lands Management                                                                                                                                                                                                               . ......
                                                                                                                                                                        .......                                                                                        ....
                                                                                                                                                                                                                                                                       . .. ..    . . ....
                                   Habitat Protection                                                       0 0
                                   NiangrovesiWellands                       Protection
                                                                                                                                                                      .A
                                   Seagrass Protection
                                                                                                                                                                                                                                                                            .01

                                                                                                                                                                                                                                                                                    ....... . .....           ...
                                   Habitat Restoration                                                                                                                                  0       0      0       0                      0
                                   Niangroves/Wetiands                       Restoration                            0
                                                                                                                                                          .......     . . ..
                                   Seagrass Restoration                                                                                                                                         0      0
                                   Resource Inventory
                                                                                                                                                                                                       0       0                                                    .......
                                   Manatees/Porpoises                                                               0                                                                                101                                                                                     .. ....

                                                                                                                                                                                                                                                                            ....... ......
                                   Endangered Species                                                       0       0                                                                                                                 0 0            0 0
                                                                                                                                                                      ...... ........                                                                                       ......
                                                                                                                                                                                                                                                                         .. .........
                                                                                                                                                                                                                                                                            .....                   ... . .
                                                                                                                                                                      .....                                                                                                 .....           .    :.        -, .
                                                                                                                                                                                                                                                                                            . . .........
                                                                                                                                                                                                                                                                       .. ......
                                   Shellfish/Aguaculture                                                            0                                                 ......                                                                                                                   . ....... ..
                                                                                                                                                         . .. ...... ........                                                                                          . .......           ...
                                                                                                                                                                      .. ... .........
                                   Public Awareness/Education                                                                                                                           0       0      0       0
                                                                                                                                                                          .......                                                                                        . .......                         . .....
                                                                                                                                                          .......     .. ....  ....
                                                                                                                                                          ........    ....
                                   Research                                                                                                                                                            0       0
             CA)
                                                                                                                                                                                                                                                                                        ...                ......
                                   Fisheries Research
             CA)                                                                                                                                                                        0                                                            0                                            ......... .........
                                   Fisheries Management
                                                                                                                                                                                                                                                                       . . ..... ..
                                       Recreational Fishing
                                                                                                                                                                           ....                                                                                             ......                         .......
                                       Commercial Fishing                                                                                                                                              0                                      0      0       0
                                   Wildlife Management                                                                                                                                                         0                                             0
                                   Mosquito Impoundments                                                                                                                                0              0
                                   llistoricul/Archeological Sites
                                   Water Quality                                                                    0              0             .0                                                                    0                      0
                                       Nonpoint Source Pollution                                                                                 10                                     0       0      0            lei                                                             .0.
                                       Point Source Pollution                                               0       0                                                                   0       0      0
                                                                                                                                                                                                                                                                                  ::::!D: ;-jo:
                                       Oil/Chemical Spills                                                          01                                                                  0       0      0                                      0
                                                                                                                                                                      ....... .. ..
                                   Drainage/Freshwater Control                                              0       0       0                      0                                    0       0      0
                                                                                                                                                                              ..                                                                                       ...                        . ...... .......
                                                                                                                                                                                                                                                                                        .. 7i..:  *:.:     rx
                                   Emergency Response                                                       0       0                                                 ......            0       0,0            0                              0
                                                                                                                                                                                                                                                                             ... . . . ....          ..... ....... I
                                                                                                                                                                                                                                                                                              ... ......
                                   Upland Development                                                       0       0                                      .0.                          0                                                                          . ......
                                                                                                                                                                        .......                                                                                        ....
                                                                                                            0       0                                                                                                                                                  .....                  .... ... ... .
                                               Use Planning                                                                                                                             0             10                                                               ...
                                   Land
                                   Navigational/Boating
                                                                                                                                                                              ::i
                                                                                                                                                                                                                                                                                                  7F
                                                                                                                                                                                                                                              0 0
                                   Recreational Areas                                                                                                                                                                                                                       ......
                                   Bridges and Roads                                                        1    101             1                          .....     ....

                                                    CHAPTER VIIIII

                                         STAFFING AND FUNDING NEEDS

                  A. INTRODUCTION

                  The success of the legislatively mandated Aquatic Preserve Program depends on
                  the availability of adequate staffing and funding support to accomplish the
                  management objectives for the preserves.        Historically, the Aquatic Preserve
                  Program has been largely dependent on federal coastal zone grant funds for its
                  operation. As a result, funding for both field and central office positions has been
                  limited. To meet legislative intent, permanent, increased levels of support are
                  essential.

                  To date, and since its 1986 designation, the Lemon Bay Aquatic Preserve has been
                  managed by existing DNR staff in the regional Southwest Florida Aquatic Preserves
                  Office. The office is located in Lee County, 13 miles by boat and 60 miles by car
                  from the preserve. Seven other aquatic preserves are also managed out of the
                  regional DNR office. The staffing arrangement reduces the effectiveness of
                  managing each individual aquatic preserve because of the large workload and size
                  of the area covered.

                  The management goals set forth in this plan are designed to meet the mandated
                  intent of maintaining the Lemon Bay Aquatic Preserve resources in essentially
                  natural conditions for the benefit of future generations. Accomplishing the goals,
                  objectives and tasks set forth in the plan requires sufficient funding, staffing and
                  equipment. Currently, there is no legislative funding for staffing for the Lemon Bay
                  Aquatic Preserve.

                  The total needed tasks for successfully managing the preserve are given in Chapter
                  V1, Management Action Plan. The effectiveness of the program depends on what
                  percent of the total tasks are completed.

                  B. STAFFING OPTIONS

                  As guidance for agency and legislative budgetary actions, three options for different
                  levels of support for the Lemon Bay Aquatic Preserve are presented below. The
                  options include: 1) using existing staff levels, with less than 1 person assigned to
                  the preserve; 2) adding a 1 full time manager for the preserve; and 3) adding full
                  staff levels, including a manager, a resource protection specialist, an education
                  specialist and a secretary. For each option, the percent of the total tasks that
                  would be accomplished by the identified staff is given.

                                                           135

                    To accomplish 100% of the management tasks for the Lemon Bay Aquatic Preserve
                    would require about 7,000 hours of staff time each year.

                    OPTION 1: USING EXISTING STAFF LEVELS

                    Under current staffing levels, only the following goals can effectively be
                    accomplished:

                           Goal A/5: Encourage upland uses which protect/enhance the resources in
                           the preserve.

                           Goal 13/1: Protect existing aquatic communities, the following objectives -
                                  Objective 13/1-1: Minimize damage to submerged resources by
                                  reviewing/commenting on proposed use applications.
                                  Objective B/1-2: Ensure structures/projects that have been built are
                                  in compliance with authorized conditions.
                                  Objective B/1-3: Ensure structures/projects that have been or are
                                  being built have been authorized.

                    Plus, additional resource inventory information will be gathered from field notes
                    collected during these tasks.

                    These tasks require 3 to 4 days of staff time per month or 350 hours a year. With
                    current staff commitments, about 10% of the total tasks included in this
                    management plan are accomplished.

                    OPTION 2: ADDING A FULL TIME PRESERVE MANAGER

                    With an on-site, full time manager for the Lemon Bay Aquatic Preserve, the
                    following tasks could be accomplished:

                           Goal A/1: Maintain resource inventories, the following tasks -
                                  Task A/1-1.1: Compile existing resource inventory data on
                                  submerged/emergent vegetation.
                                  Task A/1-2.1: Compile existing data on designated species.
                                  Task A/1-3.1: Compile existing data on colonial nesting birds.
                                  Task A/1-4.1: Compile existing data on benthic invertebrates.
                                  Task A/1-5.1: Compile existing data on physical substrate and water
                                  quality.
                                  Task A/ 1 -6. 1: Compile existing data on manatee use of the preserve.

                                                            136

                         Goal A/2: Maintain inventory of physical alterations in preserve, the following
                         objectives -
                                Objective A/2-1: Compile existing photos/data on physical
                                alterations.

                         Goal A/3: Restore/enhance littoral zone habitats, the following tasks -
                                Task A/3-1.1: Identify disturbed shorelines during resource
                                inventories.
                                Task A/3-2.1: Identify seawalls without riprap/natural habitat at base
                                during resource inventories.

                         Goal C/2: Determine changes in manatee use of the preserve over time, the
                         following task -
                                Task C/2-1.1: Review existing data on manatee use of the preserve.

                         Goal C/3: Encourage on-going research, the following task -
                                Task C/3-1.1: Identify short/long term research needs.

                         Goal D/1: Provide information about the preserve/ resources, the following
                         task -
                                 Task D/1-3.1: Distribute information to marinas, etc.

                         Goal D/2: Educate the public/policy makers about the preserve/resources,
                         the following task -
                                Task D/2-3.2: Conduct workshops for local policy makers/staff.

                  Plus the activities covered in Option 1: Goal A/5 and Objectives B/1-1, B/1-2, and
                  B/1-3.

                  The tasks with a full time manager would require about 1,800 hours of work per
                  year and would accomplish 30% of the total management activities in this plan.

                  OPTION 3: ADDING COMPLETE STAFF LEVELS FOR THE PRESERVE

                  Full staff for the Lemon Bay Aquatic Preserve, with four people, would accomplish
                  all the management goals, objectives and tasks in this plan, including:

                         Goal A/1: Maintain resource inventories.
                         Goal A/2: Maintain inventory of physical alterations.
                         Goal A/3: Restore/enhance littoral zone habitats.
                         Goal A/4: Improve water quality.
                         Goal A/5: Encourage upland uses which protect/enhance the resources of
                         the preserve.
                         Goal B/1: Protect existing aquatic communities.

                                                           137

                           Goal B/2:   Protect designated species habitat.
                           Goal C/1: Determine changes in aquatic communities.
                           Goal C/2: Determine changes in manatee use.
                           Goal C/3: Encourage on-going research.
                           Goal D/1:   Provide information about preserve/resources.
                           Goal D/2:   Educate public/policy makers about preserve/resources.

                    All these goals would be achievable with full staffing, except where completion of
                    the tasks relies on outside funding, assistance and/or initiatives. Examples of
                    outside initiatives include: S.W.I.M. designation, G.I.S. development and creating an
                    environmental education center.

                    With full staffing, creative use of volunteers and interest groups would also enhance
                    management, of the preserve. It must be realized that many of these goals
                    represent on-going work, rather than specific finished products. - In such cases, the
                    sustained management of the preserve is important.

                    This optimal, complete staffing for the preserve would include the following 4
                    people: 1 aquatic preserve manager (Environmental Specialist 111), 1 environmental
                    educator (Environmental Specialist 11), 1 resource protection specialist
                    (Environmental Specialist 11) and 1 secretary/administrative assistant.

                    Additional technical support would be provided by the regional office, which will
                    house expertise and equipment not justified at each individual preserve office. The
                    regional office would include the library, laboratory and G.I.S. equipment.

                    The complete staff level could be achieved by a 2 year phase-in period. Besides
                    allowing time to acquire funding, this schedule will allow the responsibilities of the
                    aquatic preserve manager to be phased-in. The manager will be able to learn the
                    area and program details before receiving staff supervision responsibilities. A
                    phased-in staffing and budget for the Lemon Bay Aquatic Preserve is given in Table
                    3.

                    An annual review of the accomplishments of the program relative to the tasks listed
                    in Chapter VI will help to determine if the initial staffing estimates are accurate.

                    To successfully accomplish the legislatively mandated goals of the Aquatic Preserve
                    Program and the Lemon Bay Aquatic Preserve Management Plan, full staffing with
                    continued funding is essential.

                    If less than adequate support levels are provided, priorities must be set for
                    accomplishing the goals, objectives and tasks in this plan.            Guidelines for
                    monitoring the accomplishments of the program are given in the following chapter.

                                                             138

                                                                                                              I

                                                                 140

                                                      CHAPTERIX

                               RESOURCE AND ACTIVITY MONITORING PROGRAM

                  To ensure that Phase I of the management plan is effectively implemented, it will be
                  necessary to institute two programs that will: (1) monitor changes in the biological
                  resources over time, and (2) record any accomplishments achieved by the Lemon
                  Bay Aquatic Preserve Program. These monitoring programs will consist of the
                  following:

                  A. RESOURCE MONITORING

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

                  The Lemon Bay Aquatic Preserve Program has not been funded for GIS
                  technology. Future use of GIS systems will include the periodic inventory,
                  compilation, and analysis of temporal and spatial data concerning the present state
                  of the natural resources within the preserve. Historical aerial photography will be
                  computerized for comparison with later data to conduct a temporal analysis of
                  resource abundance. Detailed monitoring of revegetatio n /restoration efforts can
                  also be computer analyzed. The on-line access to these natural resource
                  databases will facilitate informed management decisions concerning the use and
                  protection of submerged lands and their resources. Cooperation and file sharing
                  is possible with other agencies handling such data with identical and similar
                  systems.

                  B. ACTIVITY MONITORING

                  For this phase of the management plan to be effectively implemented, it is
                  necessary to monitor the accomplishments and progress of the Lemon Bay Aquatic
                  Preserve Program on a regular basis. The purpose of this element is to detail the
                  program's accomplishments in its pursuit of the objectives outlined in Chapter V1.
                  This information, to be submitted in an annual report each fiscal year to the Bureau
                  Chief, will include an update of the biological resources' status within the preserve
                  as well as identifying current human activities. This report will detail the following

                                                            141

                      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 each biological resource (e.g., seagrass loss or gain').

                             b. Identify the current number of structures/activities either started or
                             completed in the preserve. These structures/activities will be categorized as
                             follows:

                                     1) authorized projects (e.g., private residential single docks, multi-
                                        family fishing piers),
                                    2)   unauthorized projects, and
                                    3)  projects not in compliance with the original authorization.

                     2. A list of accomplishments of those tasks outlined in Chapter VI.

                             a. Each task will be listed and the activities required to complete that task
                             will be detailed. If the task was not done or not completed, 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 VI.

                                                                142

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                  Repenning,- R. W. and S. R. Humphrey 1986. The Chadwick Beach cotton mouse
                         may be extinct. Florida Scientist 4:259-260.

                  Sarasota department of Planning.           1980.     Apoxsee, Sarasota County's
                         Comprehensive Framework for the Future Sarasota, Florida.

                  Sears, W.H. 1967. The Terre Verde burial mound. Florida Anthropologist 20:25-73.

                  Scott, T.M. 1988. The Lithostratigraphy of the Hawthorn Group (Miocene) of
                         Florida. Florida Geological Survey Bulletin 59, 148 pp.

                  South Florida Water Management District 1980. Monthly Precipitation Report, May
                         1980, p. 13.

                  Sprague, M.K., RX Sadler, W.B. Porter and R.L. Thompson. 1986. Comprehensive
                         Shellfish Growing Area. Survey Lemon Bay, Charlotte Harbor and Sarasota
                         Counties, Florida., FDNR, Shellfish Environmental Assessment Section.

                  Stokman, R.W., R.N. Ginsburg and E.A. Shinn. 1967. The production of lime mud
                         by algae in South Florida. J. Sediment Petrol. 37(2): 633-648.

                  U.S. Department of Agriculture. 1959. Sarasota County, Florida. Soil Series 1954.
                         No. 6.

                  U.S. Department of Agriculture. 1984. Charlotte County, Florida. Soil Series.

                  Vaughn, T.W. 1910. A contribution to the geological history of peninsular Florida.
                         Carnegie Inst. Washington. Publ. 133.

                  Watts, W.A. 1971. Past glacial and interglacial vegetation history of southern Georgia
                         and central Florida. Ecology 52:676-689.

                  White, W.A. 1970. Geomorphology of the Florida Peninsula. Bull. No. 51. Fla.
                         Bureau of Geology, 164 pp.

                                                           145

                                                                                         APPENDIX A

                                                                                  Administrative Codes                                                 (R. 38/97)
                                        V. 9, p. 692-20                                                                                               18-20.002

                                                           CHAPTER 18-20                                  (c) To coordinate with federal. state. and local
                                              FLORIDA AQUATIC PRESERVES                                agencies to aid in carrying out the intent of the
                                        18-20.001          Intent.                                     Legislature in creating the preserves.
                                        18-20.002          Boundaries and Scope of the                    (d) To use applicable federal. state. and local
                                                           Preserves.                                  management programs, which are compatible with
                                        18-20.003          Definition&.                                the intent and provisions of the act and these rules.
                                        18-20.004          Management Policies. Standards              and to assist in managing the preserves-,
                                                           and Criteria.                                  (e) To encourage the protection. enhancement
                                        18-20.005          Uses. Sales, Leases. or Transfer of         or restoration of the biological. aesthetic, or
                                                                                                       scientific values of the preserves. including but not
                                                           Interests in Lands, or Materials,           limited to the modification of existing manmade
                                                           Held by the Board. (Repealed)               conditions toward their natural condition, and
                                        18-20.006          Cumulative Impacts.                         discourage activities which would degrade the
                                        18-20.007          Protection of Riparian Rights.              aesthetic, biological, or scientific values, or the
                                                           (Repealed)                                  quality, or utility of a preserve, when reviewing
                                        18-20.008          Inclusion of Lands, Title in Which
                                                           Is Not Vested in the Board, in a            applications. or when developing and implementing
                                                           Preserve.                                   management plans. for the preserves;
                                        18-20.009          Establishment or Expansion of                  (r) To preserve, promote. and utilize indigenous
                                                           Aquatic Preserves.                          life forms and habitats, including but not limited to:
                                        18-20010          Exchange of Lands.                          sponges, soft coral, hard corals, submerged grasses.
                                        18-20.011          Gifts of Lands.                              mangroves, salt water marshes, fresh water
                                        18-20.012          Protection of 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. shellfish and
                                                           Inventories and Management 		         mollusks;
                                                           Plans for Preserves.                           (g) To acquire additional title interests in lands
                                        18-20.014          Enforcement.                                whetever such acquisitions would serve to protect or
                                        18-20.015          Application Form. (Repealed)
                                        18-20.016          Coordination with Other   			    enhance the biological. aesthetic, or scientific values
                                                           Ckvernmental Agencies.                     of the preserves;
                                        18-20.17          Lake Jackson Aquatic Preserve.	            (h) To maintain those beneficial hydrologic and
                                                                                                       biologic functions, the benefits of which accrue to
                                         Library Reference Ripariation rights to navigable waters.     the public at large.
                                         I. Henry Dean, 55 Fla. Bar J. 247,250 (Mar. 1981).             (4) Nothing in these rules shall serve to
                                         18-20.001  Intent.		                                 eliminate or alter the requirements or authority or
                                           (1) All sovereignty lands within a preserve shall           other governmental agencies including counties
                                        be managed primarily for the maintenance or                    and municipalities, to protect or enhance the
                                        essentially natural conditions, the propagation or             preserves provided that such requirements or
                                        fish and wildlife, and public recreation, including            authority art not inconsistent with the act and this
                                        hunting and fishing where deemed appropriate by                chapter.
                                        the board. and the managing agency.                            Specific Authority 120-53. 258.43(1) FS. Law
                                           (2) The aquatic preserves which are described in            implemented 258.35, 258.36, 258.37, 358.39, 258.393 FS,
                                        73-534, Laws of Florida, Sections 258.39 258.391               Chapter 80-280 Laws of Florida History - New 2-23-81
                                        q258.392 and 258.393. Florida Statutes, future                 16Q-20.001.
                                        aquatic preserves established pursuant to general or
                                        special acts of the legislature and in Rule                        18-20.002 Bounndaries and Scope of the
                                        18-20.OO2 Florida Administrative Code. were                    Preserves.
                                        established for the purpose or being preserved in an              (1) Them rules shall only apply to those
                                        essentially natural or existing condition so that their        sovereignty lands within a preserve, title to which is
                                        aesthetic, biological and scientific values may                vested in the board, and those other lands for which
                                        endure for the enjoyment of future generations                 the board has an appropriate instrument in writing,
                                           (3) The preserves shall be administered and                 executed by the owner, authorizing the inclusion or
                                        managed in accordance with the following goals                 specific lands in an aquatic preserve pursuant to
                                           (a) To preserve, protect. and enhance these                 Section 2(2) of Chapter 73-54, Laws of Florida,
                                        exceptional areas of sovereignty submerged lands by            Sections 258.40) and 258.41(15), Florida Statutes,
                                        reasonable regulation of human activity within the             future aquatic preserves established through
                                        preserves     through       the     development  and           general or special acts of the legislature, and
                                        implementation of a comprehensive management                   pursuant        to     Rule       18-20.0068,         Florida
                                        program;                                                       Administrative Code- Any publicly owned and
                                           (b) To protect and enhance the waters of the                  maintained navigation channel authorized by the
                                        preserves so that the public may continue to enjoy             United States Congress, or other public works
                                        the traditional recrational uses of those waters such          project authorized by the United States Congress,
                                        as swimming, boating, and fishing-,                            designed to improve or maintain commerce and
                                                                                                       navigation shall be deemed to be excluded from the
                                                                                           147

                              (R. 3/87)
                              18-20.002                       INTERNAL IMPROVEMENT TRUST FUND                    V. 9, p. 692-2P

                                  provisions of this chjapter, pursuant in Subsction
    					258.40(2), Florida Statues, Furthermore, all lands
    					lost by avulsion or by artificially induced erosion
    					shall be deemed excluded (from the provisions of this
    					chapter pursuant to Subsection 258.40(3).  Florida
    					Statues.
    					  (2) These rules do not apply to Boca Ciega Bay.
    					Pincellas County or Biscayne Bay Aquatic
    					Preserves.
    					  (3)  These rules are promulgated to clarify the
    					responsibilities of the board in carrying out its land
    					management functions as those functions apply
    					within the preserves.  Implementation and
    					responsibility for environmental permitting of
    					activities and water quality protection within the
    					preserves are vested in the Department of
    					Environmental Regulations.  Since these rules are
    					considered cumulative with other rules, a person
    					planning an activity within the preserves should
    					also consult the other applicable department rules
    					(Chapter 18-21, Florida Administrative Code, for
    					example) as well as the rules of the Department of
    					Environmental Regulation.
    					(4)  These reles shall not affect previous actions
    					of the board concerning the issuance of any
    					easement or lease; or any disclaimer concerning
    					sovereignty lands.
    					  (5)  The intention and specific provisions expressed
    					in 18-20.001(e) and (f) apply generally to all
    					existing or future aquatic preserves within the scope
    					of this chapter.  Upon completion of a resource
    					inventory and approval of a management plan for a
    					perserve, pursuant to 18-20.013, the type
    					designation and the resource sought to be preserved
    					may be readdressed by the Board.
    					  (6)  For the purpose of clarification and
    					interpretation, the legal description set forth as
    					follows do not include any land which is expressly
    					recognized as privately owned upland in a
    					pre-existing recorded mean high water line
    					settlement agreement between the board and a
    					private owner or owners.  Provided, however, in
    					those instances wherein a settlement agreement was
    					executed subsequent to the passage of the Florida
    					Coastal Mapping Act, the determination of the
    					mean high water line shall be in accordance with the
    					provisions of such act.
    					  (7)  Persons interested in obtaining details of
    					particular preserves should contact the Bureau of
    					State Lands Management, Department of Natural
    					Resources, 3900 Commonwealth Blvd.,
    					Tallahassee, FL 32302 (telephone 904-488-2297).
    					  (a)  The preserves are described as follows:
    					  1.  Fort Clinch State Park Aquatic Preserve, as
    					described in the Official Records of Nassau County
    					in Book 108, pages 343-346, and in Book 111, page
    					409.
    					  2.  Nassau River - St. Johns River Marshes
    					Aquatic Preserve as described in the Official
    					Records of Duval County in Volume 3183, pages
    					547-552, and in the Official Records of Nassau
    					County in Book 108, pages 232-237.
    					  3.  Pellieer Creek Aquatic Preserve, as described
    					in the Official Records of St. Johns County in Book
    					181, pages 363-366, and in the Official Records of
    					Flagler County in Book 33, pages 131-134.
    					  4.  Tomoka Marsh Aqatic Preserve, as
    					described in the Official Records of Flagler County
    					in Book 33, pages 135-138, and in the Official
    					Records of Volusia County in Book 1244, pages
    					615-618.
    					  5.  Wekiva River Aquatic Preserve, as described
    					in Section 258.39(30). F.S.
    					  6.  Mosquinn Laggoon Acquatic Preserve, as
    					described in the Official Records of Volusia County
    					in Book 1244, pages 619-623, and in the Official
    					Records of Brevard County in Bood 1143, pages
    					190-194.
    					  7.  Banana River Aquatic Preserve, as described
    					in the Official Records of Brevard County in Book
    					1143, pages 195-198, less those lands dedicated to
    					the U.S.A. prior to the enactment of the act, until
    					such time as the U.S.A. no longer wishes to
    					maintain such lands for the purpose for which they
    					were dedicated, at which time such lands would
    					revert to the board, and be managed as part of the
    					preserve.
    					  8.  Indian River - Malabar to Sebastian
    					Aquatic Preserve, as described in the Official
    					Records of Braevard County in Book 1143, pages
    					199-202, and in the Official Records of Indian
    					River County in Book 368, pages 5-8.
    					  9.  Indian River - Vero Beach to Fort Pierce
    					Aquatic Preserve, as described in the Official
    					Records of Indian River County in Book 368, pages
    					9-12, and in the Official Records of St. Lucie
    					County in Book 187, pages 1083-1086.
    					  10.  Jensen Beach to Jupiter Inlet Aquatic
    					Preserve, as described in the Official Records of St.
    					Lucie County in Book 218, pages 2865-2869.
    					  11.  North Fork, St. Lucie Aquatic Preserve, as
    					described in the Official Records of Martin County
    					in Book 337, pages 2159-2162, and in the Official
    					Records of St. Lucie County in Book 201, pages
    					1676-1679.
    					  12.  Loxahathcee River - Lake Worth Creek
    					Aquatic Preserve, as described in the Official
    					of Martin County in Book 320, pages
    					193-196, and in the Official Records of Palm Beach
    					County in Volume 1860, pages 806-809.
    					  13.  Biscayne Bay - Cape Florida to Monroe
    					County Line Aquatic Preserve, as described in the
    					Official Records of Dade County in Book 7055,
    					pages 852-856, less, however, those lands and
    					waters as described in Section 258.165, F. S.,
    					(Biscayne Bay Aquatic Preserve Act of 1974), and
    					those lands and waters within the Biscayne
    					National Park.
    					  14.  Lignumvitae Key Aquatic Preserve, as
    					described in the Official Records of Monroe County
    					in Book 502, pages 139-142.
    					  15.  Coupon Bight Aquatic Preserve, as
    					described in the Official Records of Monroe County
    					in Book 502, pages 143-146.
    					  16.  Cap Romano - Ten Thousand Islands
    					Aquatic Preserve, as described in the Official
    					Records of Collier County in Book 381, pages
    					298-301.

    								148

                                  V. 9, p. 692-2Q															   (R. 3/87)
                                                                       FLORIDA AQUATIC PRESERVES                                           18-20.003

                                     17. Rookery Bav Aquatic Preserve, asdcscribed            negotiate an arrangement with       any such private
                                  in Section 258.39(31). FS.                                  upland owner by which such land may be included
                                     18. Eastern Bav Aquatic Preserve as described in         in the preserve.
                                  Section 258.39(28), Florida Statutes.                          33. Terra Ceia Aquatic Preserve, as described in
                                     19. Pine Island Sound Aquatic preserve, as               Section 258.393. Florida Statutes.
                                  described in the Official Records of Lee County in             34. Future    aquatic    preserves      established
                                  Book 648, pages 732-736.                                   pursuant to general or special acts nf the legislature.
                                     20. Matlacha Pass Aquatic Preserve as                   Specific Authority 120.53. 258.43(1) F.S. Law
                                  described in the Official Records of Lec County in         Implemented 258.39, 258.391, 238.392, 238.393, 258.40.
                                  Book 800, pages 725-728.                                   258.41, 258.42, 258.43, 258.44, 258.45 FS. History-
                                     21. Gasparilla Sound - Charlotte Harbor                 New, 2-23-81. Amended 8-7-85, formerly 16Q-20.02.
                                  Aquatic Preserve, as described in Section 258.392         Transferred from 16Q.20.02.
                                  F.S.                                                           18-20.003 'Definitions. When used in these
                                     22. Cape Haze Aquatic Preserve, described in           rules. the following words shall have the indicated
                                  Section 258.39(29), F.S.                                  meaning unless, the context clearly indicates
                                     23. Cockroach Bay Aquatic Preserve, as                 otherwise.
                                  described in Section 258.391, F.S.                             (1) -Act" means the provisions or Section 258.35
                                     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 276, pages 238-241.                                    (2) "Activity" means any project 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 98, pages 82-85.                          intrest in sovereignty lands or materials, or which
                                     26. Apalachicola Bay Aquatic Preserve, as               may require a license from the Department of
                                  described in the Offficial Records of Gulf County in       Environmental Regulation.
                                  Book 46. pages 77-81. and in the Official Records of          (3)    "Aesthetic     values"     means       scenic
                                  Franklin County in Volume 98, pages 102-106.               characteristics or amenities of the preserve in its
                                     27. St. Joseph Bay Aquatic Prpreserve, as               essentially natural state or condition, and the
                                  described in the Official Records or Gulf County in        maintenance thereof.
                                  Book 46, pages 73-76.                                         (4) Applicant" means any person making
                                     28. St. Andrews State Park Aquatic Preserve, as         applicaion for a permit, license, conveyance of an
                                  described in the Official Records of Bay County in         interest in state owned lands or anv other necessary
                                  Book 379, pages 547-550.                                   form of governmental approval in order to perform
                                     29. Rocky Bayou State Park Aquatic Preserve,            an activity within the preserve-
                                  as described in the Official Records of Okaloosa              (5) "Beneficial biological functions" means
                                  County in Book 593, pages 742-745.                         interactions betwen flora, fauna and physical or
                                     30. Yellow River Marsh Aquatic Preserve, as             chemical atuibutes or the environment, which
                                  described in the Official Records or Santa Ron             provide benefits that accrue to the public at large,
                                  County in Book 206, pages 568-571.                         including, but not limited to: nutrient, pesticide and
                                     31. Fort Pickens State Park Aquatic Preserve. as        heavy metal uptake; sediment mention; nutrient
                                  described in the Official Records or Santa Ron             conversion to biomass; nutrient recycling and
                                  County in Book 220. pages 60-63, in the Official           oxygenation.
                                  Records of Escambia County in Book 519, pages                  (6) "Beneficial hydrological functions" means
                                  659-662, less the Lands dedicated to the U. S. A. for      interactions between flora, fauna and physical
                                  the establishment of the Gulf Islands National             geological or geographical attributes of the
                                  Seashore prior to the enactment of the act, until such     environment. which provide benefits that accrue to
                                  Lime as the U. S. A. no longer wishes to maintain          the public at large, including, but not limited to:
                                  such lands for the purpose for which they were             retention of storm water flow; storm water
                                  dedicated, at which time such lands would revert to        mention; and water storage, and periodical releaces;
                                  the board and be managed as part of the preserve.              (7) "Biological values" means the preservation
                                     32. For the purpose of this section the                 and promotion of indigenous life forms and habitats
                                  boundaries or the Lake Jackson Aquatic Preserve,           including. but not limited to: sponges, soft corals,
                                  shall be the boyd of water in Leon County known as         hard corals, submerged grasses, mangroves,
                                  Lake Jackson in Sections 1, 2, 3. 5, 10, 11 and 14,        saltwater marshes fresh water marshes, mud flats,
                                  Township I North. Range I Wen and Sections 11,             marine, estuarine, and aquatic reptiles, games and
                                  12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34,    non-games fish species. marine, estuarine, and
                                  and 35, Township 2 North. Range I West lying               aqualic mammals, marine, estuarine, and aquatic
                                  below the ordinary high water line. Such lands shall       invertebrates, birds and shellfish.
                                  include the submerged bottom lands and the water               (8) Board" means the Governor and Cabinet
                                  column upon such lands, as well as all publicly            sitting as the Board or Trustees of the Internal
                                  owned islands, within the boundaries of the                Improvement Trust Fund.
                                  preserve. Any privately held upland within the                 (9) "Channel" means a trench, the bottom or
                                  boundaries of the preserve shall be deemed to be           which is normally covered entirely by water, with
                                  excluded therefrom; provided that the Board may            the upper edges of its sides normally below water.

                                                                                       149

    (R. 3/87)
    18-20-003		INTERNAL IMPROVEMENT TRUST FUND		V.9, p.692-2R

      (10)  "Commercial, industrial and other revenue
    generating/income related docks" means docking
    facilities for an activity which produces income,
    through rental or any other means, or which serves
    as an accessory facility to other rental, commercial
    or industrial operations.  It shall include, but not be
    limited to docking for marinas, restaurants, hotels,
    motels, commercial fishing, shipping, boat or ship
    construction, repair, and sales.
      (11)  "Department" means the State of Florida
    Department of Natural Resources, as administrator
    forthe board.
      (12) "Division" means the Division of State
    Lands, which performs all staff duties and functions
    related to the administration of lands title to which
    is, or will be, vested in the board, pursuant to section
    253.002, F.S.
      (13)  "Dock" means a fixed or floating structure,
    including moorings, used for the purpose of
    berthing buovant vessels either termporarily or
    indefinitely.
      (14)  "Essentially natural condition" means
    those functions which support the continued
    existence or encourage the restoration of the diverse
    population of indigenous life forms and habitats to
    the extent they existed prior to the significant
    development adjacent to and within the preserve.
      (15)  "Extreme hardship" means a significant
    burden, unique to the applicant and not shared by
    property owners in the area.  Self-imposed
    circumstances caused to any degree by actions of any
    person subsequent to the enactment of the Act shall
    not be construed as an extreme hardship.  Extreme
    hardship under this act shall not be construed to
    include any hardship which arises in whole or in
    part from the effect of other federal, state or local
    laws, ordinances, rules or regulations.  The term
    may be inherent in public projects which are shown
    to be a public necessity.
      (16)  "Fill" means materials from any source,
    deposited by any means onto sovereignty lands,
    either for the purpose of creating new uplands or for
    any other purpose, including spoiling of dredged
    materials.  For the purpose of this rule, the
    placement of pilings or riprap shall not be
    considered to be filling.
      (17)  "Lease" means a conveyance of interest in
    lands, title to which is vested in the board, granted in
    accordance with specific terms set forth in writing.
      (18)  "Marina" means a small craft harbor
    complex used primarily for recreation.
      (19)  "Oil and gas transportation facilities"
    means those structures necessary for the movement
    of oil and gas from the production site to the
    consumer.
      (20)  "Person" means individuals, minors,
    partnerships, corporations, joint ventures, estates,
    trusts, syndicates, fiduciaries, firms, and all other
    associations and conbinations, whether public or
    private, including governmental entities.
      (21)  "Pier" means a structure in, on, or over
    sovereignty lands, which is used by the public
    primarily for fishing, swimming, or viewing the
    preserve.  A pier shall not include a dock.
      (22)  "Preserve" means any an all of those areas
    wich are exceptional areas of sovereignty lands
    and the associated water body as designated in
    Section 258.39, 258.391, and 258.392, F.S.,
    including all sovereignty lands, title to which is
    vested in the board, and such other lands as the
    board may acquire or approve for inclusion, and the
    water column over such lands, which have been set
    aside to be maintained in an essentially natural or
    existing condition of indigenous flora and fauna and
    their supporting habitat and the natural scenic
    qualities and amenities thereof.
      (23)  "Private residential single dock" means a
    dock which is used for private, recreational or
    leisure purposes for a single family residence,
    cottage or other such single dwelling unit and which
    is designed to moor no more than two boats.
      (24)  "Private residential multi-ship dock" means
    a docking facility which is used for private
    recreational or leisure purposes for multi-unit
    residential dwellings which shall include but is not
    limited to condominiums, townhouses, subdivisions
    and which is designed to moor three or more boats.
    Yacht clubs associated with residential
    developments, whose memberships or utilization of
    the docking facility required some real property
    interest in the residential area, shall also be
    included.
      (25)  "Public interest" means demonstrable
    environmental, social, and economic benefits which
    would accrue to the public at large as a result of a
    proposed action, and which would clearly exceed all
    demonstrable environmental, social, and economic
    costs of the proposed action.  In determining the
    public interest in a request for use, sale, lease, or
    transfer of interest in sovereignty lands or severance
    of materials from sovereignty lands, the board shall
    consider the ultimate project and purpose to be
    served by said use, sale, lease, or transfer of lands or
    materials.
      (26)  "Public navigation project" means a project
    primarily for the purpose of navigation which is
    authorized and funded by the United States
    Congress or by port authorities as defined by
    Section 315.02(2), F.S.
      (27)  "Public necessity" means the works or
    improvements required for the protection of the
    health and safety fo the public, consistent with the
    Act and these rules, for which no other reasonable
    alternative exists.
      (28)  "Public utilities" means those services,
    provided by persons regulated by the Public Service
    Commission, or which are provided by rural
    cooperatives, municipalities, or other governmental
    agencies, including electricity, telephone, public
    water and wastewater services, and structures
    necessary for the provision of these services.
      (29)  "Quality of the preserve" means the degree
    of the biological, aesthetic and scientific values of the
    preseve necessary for present and future enjoyment
    of it in an essentially natural condition.
      (30)  "Resource management agreement" means
    a contractual agreement between the board and one

    				150

    								(R. 3/87)
    V.9,p.692-2s)	FLORIDA AQUATIC PRESERVES	18-20.004

    or more parties which does not create an interest in
    real property but merely authorizes conduct of
    certain management activities on lands held by the
    board.
      (31)  "Resource Protectin Area (RPA) 1" -
    Areas within the squatic preserve which have
    resources of the highest quality and condition for
    that area.  These resources may include, but are not
    limited to corals; marine grassbeds, mangrove
    swamps; salt-water marsh; oyster bars;
    archaeological and historical sites; endangered or
    threatened species habitat; and, colonial water bird
    nesting sites.
      (32)  "Resource Protection Area 2" - Areas
    within the aquatic preserve which are in transition
    with either declining resource protection area 1
    resources or new pioneering resources within
    resource protection area 3.
      (33)  "Resource Protection Area 3" - Areas
    within the aquatic preserve that are characterized
    by the absence of any significant natural resource
    atributes.
      (34)  "Riparian rights" means those rights
    incident to lands boardering upon navigable waters.
    as recognized by the courts of this state and common
    law.
      (35)  "Sale" means a conveyance of interest in
    lands, by the board, for consideration.
      (36)  "Scientific values" means the preservation
    and promotion of certain qualities or features which
    have scientific significance.
      (37)  "Shore protection structure" means a tyhpe
    of coastal construction designed to minimize the rate
    of erosion.  Coastal construction includes any work
    or activity which is likely to have a material physical
    effect on existing coastal conditions or natural shore
    processes.
      (38)  "Sovereignty lands" means those lands
    including, but not limite dto:  tidal lands, islands,
    sandbars, shallow banks, and lands waterward of
    the ordinary or mean highwater line, to which the
    State of Florida acquired title on March 3, 1845, by
    virtue of statehood, and of which it has not since
    divested its title interest.  For the purposes of this
    rule sovereignty lands shall include all submerged
    lands within the boundaries of the preserve, title to
    which is held by the board.
      (39)  "Spoii" means materials dredged from
    sovereignty lands which are redeposited or
    discarded by any means, onto either sovereignty
    lands or uplands.
      (40)  "Transfer" means the act of the board by
    which any interest in lands, including easements,
    other than sale or lease, is conveyed.
      (41)  "Utility of the preserve" means fitness of
    the preserve for the present and future enjoyment of
    its biological, aesthetic and scientific values, in an
    essentially natural condition.
      (42)  "Water dependent activity" means an
    activity which can only be conducted on, in, over, or
    adjacent to, water areas because the activity
    requires direct access to the water body or
    sovereignty lands for transporation, recreation,
    energy production or transmission, or source of
    water and where the use of the water or sovereignty
    lands is an integral part of the activity.
    Specific Authority 258.43(1) FS. Law Implemented
    8-7-85, Formerly 16Q-20.03.  Transferred from
    16Q-20-003.
      18-29.004 Management Policies, Standards
    and Criteria.  The following management policies,
    standards and criteria are supplemental to Chapter
    18-21, Florida Administrative Code (Sovereignty
    Submerged Lands Management) and shall be
    utilized in determining whether to approve,
    approve with conditions or modifications or deny all
    requests for activities on sovereignty lands in
    aquatic preserves.
      (1)  GENERAL PROPRIETARY
      (a)  In determining whether to approve or deny
    any request the Board will evaluate each on a
    case-by-case basis and weigh any factors relevant
    under Chapter 253 and/or 258, Florida Statutes.
    The Board, acting as TRustee for all state-owned
    lands, reserves the right to approve, modify or reject
    any proposal.
      (b)  There shall be no further sale, lease or
    transfer of sovereignty lands except when such sale,
    lese or transfer is in the public interest (see Secton
    18-20.004(2) Public Interest Assessment Criteria).
      (c)  There shall be no construction of seawalls
    waterward of the mean or ordinary high water line,
    or filling waterward of the mean or ordinary high
    water line except in the case of public road and
    bridge projects where no reasonable alternative exists.
      (d)  There shall, in no case, be any dredging
    waterward of the mean or ordinary high water line
    for the sole or primary purpose of providing fill for
    any area landward of the mean or ordinary high
    water line.
      (c)  A lease, easement or consent of use may be
    authorized only for the following activities:
      1.  a public navigation project;
      2. maintenance of an existing navigational
    channel;
      3.  installation or maintenance of approved
    navigational aids;
      4.  creation or maintenance of a
    commercial/industrial dock, pier or a marina;
      5.  creation or maintenance of private docks for
    reasonalbe ingresd and egress of riparian owners;
      6.  miminum dredging for navigation channels
    attendant to docking facilities;
      7.  creation of maintenance of a shore protection
    structure;
      8.  installation or maintenance of oil and gas
    transportaton facilities;
      9.  creation, maintenance, replacement or
    expansion of facilities required for the provision of
    public utilities; and
      10.  other activities which are a public necessity
    or which are necessary to enhance the quality or
    utility of the preserve and which are sonsistent with
    the act and this chapter
      (f)  For activities listed in paragraphs
    18-20.004(1)(e)1.-10. above, the activity shall be

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    designed so that the structure or structures to be
    built in, on or over sovereignty lands are limited to
    structures necessary to conduct water dependent
    activities.
      (g)  For activities listed in paragrpahs
    18-20.004(1)(e)7, 8, 9, and 10, above, it must be
    demonstrated that no other reasonable alternative
    exists which would allow the proposed activity to be
    constructed or undertaken outside the preserve.
      (h)  The use of state-owned lands for the purpose
    of providing private or public road access to islands
    where such access did not previously exist shall be
    prohibited.  The use of state-owned lands for the
    purpose of providing private or public water supply
    to islands where such water supply did not
    prveviously exist shall be prohibited.
      (i)  Except for public navigation projects and
    maintenance dredging for existing channels and
    basins, any areas dredged to improve or create
    navigational access shall be incorporated into the
    preempted area of any required lease or be subject to
    the payment of a negotiated private easement fee.
      (j)  Private residential multi-slip docking
    facilities shall require a lease.
      (k)  Aquaculture and beach renourishment
    activities which comply with the standards of this
    rule chapter and Chapter 18-21, Florida
    Administrative Code, may be approved by the
    board, but only subsequent to a formal finding of
    compatibility with the purposes of Chapter 258,
    Florida Statues, and this rule chapter.
      (1) Other uses of the preserve, or human activity
    within the preserve, although not originally
    contemplated, may be approved by the board, but
    only subsequent to a formal finding of compatibility
    with the purposes of Chapter 258, Florida Statues,
    and this rule chapter.
      (2)  PUBLIC INTEREST ASSESSMENT
    CRITERIA
      In evaluating requests for the sale, lease or
    transfer of interest, a balancing test will be utilized
    to determine whether the social, economic and/or
    environmental benefits clearly exceed the costs.
      (a)  GENERAL  BENEFICIAL/COST
    CRITERIA:
      1.  any benefits that are balanced against the
    costs of a particular project shall be related to the
    affected aquatic preserve;
      2.  in evaluating the benefits and costs of each
    request, specific considertion and weight shall be
    given to the quality and nature of the specific
    aquatic preserve.  Projects in the less developed,
    more pristine aquatic preserves such as
    Apalachicola Bay shall be subject to a higher
    standard than the more developed urban aquatic
    preserves such as Boca Ciega Bay; and,
      3.  for projects in aquatic preserves with adopted
    management plans, consistency with the
    management plan will be weighed heavily when
    determining whether the project is in the public
    interest.
     (b)  BENEFIT CATEGORIES:
      1.  public access (public boat ramps, boatslips,
    etc.);
      2.  provide boating and marina services (repair,
    pumpout, etc.);
      3.  improve and enhance public health, safety,
    welfare, and law enforcement;
      4.  improved public land management;
      5.  improve and enhance public navigation;
      6.  improve and enhance water quality;
      7.  enhancement/restoration of natural habitat
    and functions; and
      8.  improve/protect
    endangered/threatened/unique species.
      c.  COSTS:
      1.  reduced/degraded water quality;
      2.  reduced/degraded natural habitat and
    function;
      3.  destruction, harm or harassment of
    endangered or threatened species and habitat;
      4.  preemption of public use;
      5.  increasing navigational hazards and
    congeston;
      6.  reduced/degraded aesthetics; and
      7.  adverse cumulative impacts.
      (d)  EXAMPLES OF SPECIFIC BENEFITS:
      1.  donation of land, conservation easements,
    restrictive covenants or other title interests in or
    contiguous to the aquatic preserve which will
    protect or enhance the acquatic preserve;
      2.  providing access or facilities for public land
    management activities;
      3.  providing public access easements and/or
    facilities, such as beach access, boat ramps, etc.;
      4.  restoration/enhancement of altered habitat or
    natural functions, such as conversion of vertical
    bulkheads to reprap and/or vegetation for shoreline
    stabilization or re-establishment of shoreline or
    submerged vegetation;
      5.  improving fishery habitat through the
    establishment of artificial reefs or other such
    projects, where appropriate;
      6.  providing seqage pumpout facilities where
    normally not required, in particular, facilities open
    to the general public;
      7.  improvements to water quality such as
    removal of toxic sediments, increaded flushing and
    circulation, etc.;
      8.  providing upland dry storage as an alternative
    to setslip; and
      9.  marking navigation channels to avoid
    disruption of shallow water habitats.
      (3)  RESOURCE MANAGEMENT
      (a)  All proposed activities in aquatic preserves
    having management plans adopted by the Board
    must demonstrate that such activities are consistent
    with the management plan.
      (b)  No drilling of oil, gas or other such wells
    shall be allowed.
      (c)  Utility cables, pipes and other such
    structures shall be constructed and located in a
    manner that will cause minimal disturbance to
    submerged land resources such as oyster bars and
    submerged grass beds and do not interfere with
    traditional public uses.
      (d)  Spoil disposal within the preserves shall be
    strongly discouraged and may be approved only

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    structures shall be constructed and located in a
    manner that will cause minimal disturbance to
    submerged land resources such as oyster bars and
    submerged grass beds and do not interfere with
    traditional public uses.
      (d)  Spoil disposal within the preserves shall be
    strongly discouraged and may be approved only
    where the applicant has demonstrated that there is
    no other reasonable alternative and that activity
    may be beneficial to, or at a minimum, not harmful
    in the quality and utility of the preserve.
      (4)  RIPARIAN RIGHTS
      (a)  None of the provisions of this rule shall be
    implemented in a manner that would readonably
    infringe upon the traditional, common law and
    statutory riparian rights of upland riparian
    property owners adjacetn to sovereignty lands.
      (b)  The evaluation and determination of the
    reasonable riparian rights of ingress and egress for
    private, residential multi-slip docks shall be based
    upon the number of linear feet of riparian shoreline.
      (c)  For the purposes of this rule, a private,
    residential, single docking facility which meets all
    the requirements of Rule 18-20.004(5) shall be
    deemed to meet the public interest requirements of
    Rule  16-20.004(1)(b), Florida Administrative
    Code.  However, the applicants for such docking
    facilities must apply for such consent and must meet
    all of the requirements and standards of this rule
    chapter.
      (5)  STANDARDS AND CRITERIA FOR
    DOCKING FACILITIES
      (a)  All docking facilities, whether for a single or
    mulit-slip residential or commercial, shall be
    subject to the following standards and criteria:
      1.  no cock shall extend waterward or the mean
    or ordinary hgih water line more than 500 feet or 20
    percent of the width of the waterbody at the
    particular location whichever is less;
      2.  certain docks may ball within areas of special
    or unique importance.  These areas may be of
    significant biological, scientific, historic and/or
    aesthetic value and require special management
    considerations.  Modifications may be more
    restrictive than the normally accepted criteria.  Such
    modifications shall be determined on a case-by-case
    analysis, and may include, but shall not be limited in
    changes in location, configeration, length, width
    and height;
      3.  the number, lengths, drafts and types of
    vessels allowed to utilize the proposed facility may
    also be stipulated; and
      4.  where local governments have more stringent
    standards and criteria for docking facilities, the
    more stringent standards for the protection and
    enhancement of the aquatic preserve shall prevail.
      (b)  Private residential single docks shall
    conform to the following specific design standards
    and criteria:
      1.  any main access dock shall be limited to a
    maximum width of four (f) feet;
      2.  the dock decking design and construction will
    insure maximum light penetration, with full
    consideration of safety and practicality;
      3.  the dock will extend out from the shoreline no
    further than to a maximum depth of minus four
    (-4) feet (mean low water);
      4.  when the water depth is minus four (-4) feet
    (mean low warer) at an existing bulkhead the
    maximum dock length from the bulkhead shall be
    25 feet, subject to modification accommodating
    shoreline begetation overhang;
      5.  wave break devices, when necessary, shall be
    designed to allow for maximum water circulaton
    and shall be built in such a manner as to be part of
    the dock structure;
      6.  terminal platform size shall be no more than
    160 square feet; and
      7.  dredging to obtain navigable water depths in
    conjunction with private residential, single dock
    applications is strongly discouraged.
      (c)  Private residential multi-slip docks shall
    conform to the following specific design standards
    and criteria:
      1.  the area of sovereignty, submerged land
    preempted by the docking facility shall not exceed
    the square footage amounting to ten times the
    ripairan waterfront footage of the affected
    waterbody of the applicatn, or the square footabe
    attendant to providing a single dock in accordance
    with the criteria for private residential single docks,
    whichever is greater.  A conservation easement or
    other such use restriction acceptable to the Board
    must be placed on the riparian shoreline, used for
    the calculaton of the 10:1 threshold, to conserve and
    protect shoreline resources and subordinate/waive
    andy further riparian rights of ingress and egress for
    additonal docking facilities;
      2.  docking facilities and access channels shall be
    prohibited in Resource Protection Area 1 or 2,
    except as allowed pursuant to Section
    258.42(3)(e)1., Florida Statutes, while dredging in
    Resource Protection Area 3 shall be strongly
    discouraged;
      3.  docking facilities shall only be approved in
    locations having adquate existing water depths in
    the boat mooring, turning basin, access channels,
    and other such areas whcih will accommodate the
    proposed boat use in order to insure that a minimum
    of one foot clearance is provided between the deepest
    draft of a vessel and the bottom at mean low water;
      4.  main access docks and connecting or cross
    walks shall not exceed six (6) feet in width;
      5.  terminal platforms shall not exceed eight (8)
    feed in width;
      6.  finger piers shall not exceed three (3) feet in
    width, and 25 feet in length;
      7.  pilings may be utilized as required to provide
    adequate mooring capabilities; and
      8.  the following provisions of Rule
    18-20.004(5)(d) shall also apply to private
    residential multi-slip docks.
      (d)  Commercial, industrial and other revenue
    generating/income related docking facilities shall
    conform to the following specific design standards
    and criteria:
      1.  docking facilities shall only be located in or
    near areas with good circulation, flushing and
    adequate water depths;

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      2.  docking facilities and access channels shall be
    prohibited in Resource Protection Area 1 or 2
    except as allowed pursuant to Sections
    258.42(3)(e)1., Florida Statutes; while dredging in
    Resource Protection Area 3 whall be strongly
    discouraged;
      3.  the docking facilities shll not be located in
    Resource Protection Area 1 or 2; however, main
    access docks may be allowed to pass through
    Resource Protection Area 1 or 2, that are located
    along the shoreline, to reach acceptable Resource
    Protection Area 3, provided that such crossing will
    generate minimal environmental impact;
      4.  beginning July 1, 1986 new docking facilities
    may obtain a lease only where the local governments
    have an adopted marina plan and/or policies
    dealing with the siting of commercial/industrial
    and private, residential, multi-slip docking facilities
    in their local government comprehensive plan;
      5.  the siting of the docking facilities shall also
    take into account the access of the boat traffic to
    avoid marine grassbeds or other aquatic resources in
    the surrounding areas;
      6.  the siting of new facilities within the preserve
    shall be secondary to the expansions of existing
    facilities within the preserve when such expansion
    is consistent with the other standards;
      7.  the location of new facilities and expansion of
    existing facilities shall consider the use of upland
    dry storage as an alternative to multiple wet-slip
    docking;
      8.  marina siting will be coordinated with local
    governments to insure consistency with all local
    plans and ordinances;
      9.  marinas shall not be sited within state
    designated manatee sanctuaries; and
      10.  in any areas with known manatee
    concentrations, manatee warning/notice and/or
    speed limit signs shall be erected at the marina
    and/or ingress and egress channels, according to
    Florida Marine Patrol specifications.
      (e)  Exceptions to the standards and criteria
    listed in Rule 18-20.004(5), Florida Administrative
    Code, may be considered, but only upon
    demonstration by the applicant that such exceptions
    are necessary to insure reasonable reparian ingress
    and egress.
      (6)  MANAGEMENT AGREEMENTS
      The board may enter into management
    agreements with local agencies for the
    administration and enforcement of standards and
    criteria for private residential single docks.
      (7)  In addition to the policies, standards and
    criteria delineated in subsections (1) through (6),
    the provisions of the followign management plans
    apply to specific aquatic preserves and are
    incorporated herein by reference.  Where regulatory
    criteria in 18-20, F.A.C., may differ with specific
    policies in the management plans listed herein, the
    general rule criteria shall prevail.
    					Date Adopted
    	Alligator Harbor		September 23, 1986
    	Banana River		September 17, 1985
    	Cockroach Bay		April 21, 1987
    	Estero Bay			September 6, 2983
    	Charlotte Harbor
    	  (Cape Haze,
    	  Gasparilla
    	  Sound-Charlotte
    	  Harbor, Matlacha
    	  Pass and Pine Island
      	  Sound)			May 18, 1983
    	Indian River-Malabar
    	  to Vero Beach		January 21, 1986
    	Indian River Lagoon
    	  (Vero Beach to Fort
    	  Pierce and Jensen
    	  Beach to Jupiter
    	  Inlet)			January 22, 1985
    	Loxahatchee
    	  River-Lake Worth
    	  Creek			June 12, 1984
    	Nassau River-St.
    	  Johns River Marshes
      	  and Fort Clinch
    	  State Park		April 22, 1986
    	North Fork of the St.
    	  Lucie River		May 22, 1984
    	St. Joseph Bay		June 2, 1987
    	St. Martins Marsh		September 9, 1987
    	Terra Ceia			April 21, 1987
    	Wekiva River		August 25, 1987
    Specific Authority 256-43(1) FS. Law Implemented
    258-41, 258.42, 258.43(1), 258.44, FS. History - New
    2/25/81.  Amended 6-7-85, Formerly 16Q-20-004,
    Transferred form 16Q-20.004.  Amended 9-4-88.

    18-20-005 Uses, Sales, Leases or Transfer of
    interests in Lands, or Materials, Held by the
    Board.
    Specific Authority 258.43(1) FS. Law Implemented
    253-02, 253-12, 258.42 FS. History - New 2-25-81.
    Repealed 8-7-85, Formerly 16Q-20-05, Transferred from,
    16Q-20.005.

    18-20.006 Cumulative Impacts.  In evaluating
    applications for activities within the preserves or
    which may impact the preserves, the department
    recognizes that, while a particular alteration of the
    preserve may constitute a minor change, the
    cumulative effect of numerous such changes often
    results in major impairments to the resources of the
    preserve.  Therefore, the department shall evaluate
    a particular site for which the activity is proposed
    with the recognition that the activity may, in
    conjuction with other activities adversely affect the
    preserve which is part of a complete and interrelated
    system.  The impact of a proposed activity shall be
    considered in light of its cumulative impact on the
    preserve's natural system.  The department shall
    include as a part of its evaluation of an activity:
      (1)  The number and extent of similar human
    actions within the preserve which have previously
    affected or are likely to affect the preserve, whether
    considered by the department under its current
    authority or which existed prior to or since the
    enactment of the Act; and
      (2)  The similar activities within the preserve

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    which are currently under consideration by the
    department; and
      (3)  Direct and indirect effects upon the preserve
    and adjacent preserves, if applicable, which may
    reasonably be expected to result from the activity;
    and
      (4)  The extent to which the activity is consistent
    with management plans for the preserve, when
    developed; and
      (5)  The extent to which the activity is
    permissible within the preserve in accordance with
    comprehensive plans adopted by affected local
    governments, pursuant to section 163.3161. F.S.,
    and other applicable plans adopted by local, state
    and federal governmental agencies;
      (6)  The extent to which the loss of beneficial
    hydrologic and biologic functions would adversely
    impact the quality or utility of the preserve; and
      (7)  The extent in which mitigation measures
    may compensate for adverse impacts.
    Specific Authority 256.43(1) FS. Law Implemented
    256-36, 235-43 FS. History - New 2-25-81.
    Formerly 16Q-20.06. Transferred from 16Q-20-006.

      18-20.007 Protection of Riparian Rights.
    Specific Authority 258-43(1) FS. Law Implemented
    258-123, 258.124(8), 258.44 FS. History - New 2-25-81.
    Repealed 6-7-85. Formerly 16Q-20-07. Transferred from
    16Q-20.007

      18-20.008 Inclusion of Lands, Title to Which
    Is Not Vested in the Board, in a Preserve.
      (1) Lands and water bottoms which are within
    designated aquatic preserve boundaries, or adjacent
    thereto and which are owned by other governmental
    agencies, may be included in an aquatic preserve
    upon specific authorization for inclusion by an
    appropriate instrument in writing executed by the
    agency.
      (2)  Lands and water bottoms which are within
    disignated aquatic preserve boundaries or adjacent
    thereto, and which are inprivate ownership, may be
    included in an aquatic preserve upon specific
    authorization for inclusion by an appropriate
    instrument in writing executed by the owner.
      (3) The appropriate instrument shall be either a
    dedication in perpetuity, or a lease.  Such lease shall
    contain the following conditions:
      (a)  The term of the lease shall be for a minimum
    period of ten years.
      (b)  The board shall have the power and duty to
    enforce the provisions of each lease agreement, and
    shall additionally have the power to terminate any
    lease if the termination is in the best interest of the
    aquatic preserve system, and shall have the power to
    include such lands in any agreement for
    management of such lands.
      (c)  The board shall pay no more than $1 per year
    for any such lease.
    Specific Authority 258-43(1) FS. Law Implemented
    258-40, 258-41 FS. History - New 2-25-81. Formerly
    16Q-20.08. Transferred from 16Q-20.008.

    18-20.009 Established or Expansion of
    Aquatic Preserves.
      (1) The board may expand existing preserves or
    establish additional areas to be included in the
    aquatic preserve system, subject to confirmation by
    the legislature.
      (2)  The board may, after public notice and
    public hearing in the county or counties in which the
    proposed expanded or new preserve is to be located,
    adopt a resolution formally setting aside such areas
    to be included in the system.
      (3)  The resulution setting aside an aquatic
    preserve area shall include:
      (a)  A legal description of the area to be included.
    A map depicting the legal description shall also be
    attached.
      (b)  The designation of the type of aquatic
    preserve.
      (c)  A general statement of what is sought to be
    preserved.
      (d)  A statement that the area established as a
    preserve shall be subject to the management criteria
    and directives of this chapter.
      (e)  A directive to develop a natural resource
    inventory and a management plan for the area being
    established as an aquatic preserve.
      (4)  Within 30 days of the designation and
    establishment of an aquatic preserve, the board
    shall record in the public records of the county or
    counties in which the preserve is located a legal
    description of the preserve.
    Specific Authority 258.43(1) FS. Law Implemented
    258-41 FS. History - New 2-5-81. Formerly 16Q-20-09.
    Transferred from 16Q-20.009.

    	18-20-010  Exchange of Lands.  The board in its
    discreation may exchange lands for the benefit of the
    preserve, provided that:
    	(1)  Exchanges shall be in the public interest and
    shall maintain or enhance the quality or utility of
    the preserve.
    Specific Authority 258-43(1) FS. Law Implemented
    258-41(5), 258-42(1) FS. History - New 2-25-81.
    Formerly 16Q-20-10. Transferred form 16Q-20.010.

      18-20.11 Gifts of Lands.  The board in its
    discreation may accept any gifts of lands or interests
    in lands within or contiguous to the preserve to
    maintain or enhance the qualtiy and utility of the
    preserve.
    Specific Authority 258-43(1) FS. Law Implemented
    258-42(5)  FS. History - New 2-25-81. Formerly
    16Q-20.11. Transferred from 16Q-20.011.

      18-20.012 Protection of Indigenous Life
    Forms.  The taking of indigenous life forms for sale
    or commercial use is prohibited, except that this
    prohibition shall not extend to the commercial
    taking of fin fish, crustacea or mollusks, except as
    prohibited under applicable laws, rules or
    regulations.  Members of the public may exercise
    their rights to fish, so long as not contrary to other
    statutory and regulatory provisions controlling such
    activities.
    Specific Authority 258-43(1) FS. Law Implemented
    258-43(1) FS. History - New 2-25-81. Formerly
    16Q-20.12. Transferred from 16Q-20.012.

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    18-20.013 Devlopment of Resources
    Inventories and Management Plans for
    Preserves.
      (1)  The board authorized and directs the division
    to devleop a resource inventory and management
    plan for each preserve.
      (2)  The division may perform the work to
    develop the inventories and plans, or may enter into
    agreements with other persons to perform the work.
    In either case, all work performed shall be subject to
    board approval.
    Specific Authority 258-43(1) FS. Law Implemented
    253.03(7), 253-03(8) FS. History - New 2-25-81,
    Amended 6-7-85, Formerly 16Q-20.13, Transferred from
    16Q-20.013.

      18-20.014 Enforcement.  The rules shall be
    enforced as provided in Secton 258-46.
    Specific Authority 258-43(1) FS. Law Implemented
    258-46 FS History - New 2-25-81. Formerly 16Q-20.14,
    Transferred from 16Q-20.014.

      18-20.015 Application Form.
    Specific Authority 253-43(1) FS. Law Implemented
    258-43 FS, History - New 2-25-81. Repealed 6-7-85,
    Formerly 16Q-20.15, Transferred from 16Q-20.015.

    18-20-016 Coordination with Other
    Governmental Agencies.  Where a Department of
    Environment Regulation permit is required for
    activities on sovereignty lands the department will
    coordinate with the Department of Environmental
    Regulations to obtain a copy of the joint Department
    of Army/Florida Department of Environmental
    Regulation permit applicaiton and the biological
    survey.  The information contained in the joint
    permit application and biological assessment shall
    be considered by the department in preparing its
    staff recommendations to the board.  The board may
    also consider the reports of other governmental
    agencies that have related management or
    permitting responsibilities regarding the proposed
    activity.
    Specific Authority 253-43(1) FS. Law IMplemented
    258-43 FS. History - New 2-25-82, Formerly 16Q-20.16,
    Trasferred from 16Q-20.016.

    18-29-017 Lake Jackson Aquatic Preserve.  In
    additon to the provisions of Rules 18-20-001
    through 18-20-016, the followign requirements
    shall also apply to all proposed activities within the
    Lake Jackson Aquatic Preserve.  If any provisions of
    this Rule are in conflcit with any provisions of Rulse
    18-20.001 through 18-20-016 or Chapter 73-534,
    Laws of Florida, the stronger provision for the
    protection or enhancement of the acquatic preserve
    shall prevail.
      (1)  No further sale, transfer or lease of
    sovereignty lands in the preserve shall be approved
    or consummated by the Board, except upon a
    showing of extreme hardship on the part of the
    applicant or when the board shall determine such
    sale, transfer or lease to be in the public interest.
      (2)  No further dredging or filling of sovereignty
    lands of the preserve shall be approved or tolerated
    by the Board of Trustees except:
      (a)  Such minimum dredging and spoiling as may
    be authorized for public navigation projects or for
    preservatin of the lake according to the expressed
    intent of Chapter 73-534, Laws of Florida; and
      (b)  Such other alteration of physical conditions
    as may be necessary to enhance the quality or utility
    or the preserve.
      (3)  There shall be no drilling of wells,
    excavation for shell or minerals, and no erection of
    structures (other than docks), within the preserve,
    unless such activity is associated with activity
    authorized by Chapter 73-534, Laws of Florida.
      (4)  The Board shall not approve the relocations
    of bulkhead lines within the preserve.
      (5)  Nothwithstanding other provisions of this act,
    the board may, respecting lands lying within the
    Lake Jackson basin:
      (a)  Enter into agreements for and establish lines
    delineating sovereignty and privately owned lands;
      (b)  Enter into agreements for the exchange and
    exchange sovereignty lands for privately owned
    lands;
      (c)  Accept gifts of land within or contiguous to
    the preserve.
    Specific Authority 258-39(26) FS. Law Implemented
    258-39(26), 258-43 FS. History - New 8-7-85, Formerly
    16Q-20.017, Transferred from 16Q-20-017.

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                                                     APPENDIX B

                         APPLICABLE LOCAL GOVERNMENT PLANS AND ORDINANCES

              A. CHARLOTTE COUN

              1.     Charlotte County - City of Punta Gorda Comprehensive Plan, 1988
                     a. Coastal Management Element - The 3 goals of the Coastal Management
                     Element are: 1) to conserve, enhance and restore the natural and historical
                     resources of -the coastal area; 2) to protect human life in areas of natural disaster;
                     and 3) to restore natural resources and* maintain adequate facilities to serve the
                     existing population.
                     b. Conservation Element - The goal of the Conservation element is to promote
                     the conservation, use and protection, and where necessary, restore or enhance
                     Charlotte County's natural resources to ensure long term environmental quality for
                     the future.

              2.     Charlotte County Ordinances
                     a. Number 89-31, Sea Turtle Protection Ordinance, 1989 - The ordinance states
                     that in any area determined by the State of Florida to be a sea turtle nesting area,
                     new and existing development and construction shall be designed and
                     implemented to minimize negative impacts to sea turtles and their habitat, including
                     no lights visible from the beach.
                     b. Number 89-37, Stormwater Management Ordinance, 1989 - The ordinance
                     relates to stormwater management and conservation, flood plain management and
                     wetland preservation; requires a stormwater plan approval as a pre-requisite to
                     commencement of any development activity; delineates the contents and
                     performance standards required of stormwater plans; sets forth design standards
                     for stormwater plans; provides procedures and provides a penalty. The ordinance
                     requires that, for new development, all surface water runoff from a 25 year/24 hour
                     storm event shall be retained on site to provide attenuation and settling of
                     pollutants and particulates.
                     c. Number 89-53, Special Surface Water Protection Overlay District Ordinance,
                     1989 -The ordinance establishes protective zones around Shell, Prairie and
                     Alligator Creeks, within which the generation of hazardous wastes, petroleum
                     storage and distribution uses and agricultural uses, for which runoff cannot be
                     controlled using accepted best management practices, are prohibited.
                     d. Number 89-54, Surface Water and Wetlands Protection Ordinance, 1989 - The
                     ordinance requires the possession of state permits for development which will
                     impact wetlands or surface waters; provides design principals and performance
                     standards for development which will impact wetlands and surface waters; requires
                     compensatory mitigation for unavoidable impacts; requires the preservation of
                     upland buffer zones along natural wetlands and surface waters; provides guidelines
                     for dock and marina design; and regulates non-conforming uses. The ordinance

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                         adopts by reference federal and state permitting procedures and requires a
                         minimum upland natural vegetative buffer between development and wetlands.
                         e. Number 89-55, Open Space/Habitat Reservation Ordinance, 1989 - The
                         ordinance defines which development and lands within the county are subject to
                         this ordinance; establishes an open space/habitat reservation requirement;
                         provides that the owner of land subject to the open space/habitat reservation may
                         satisfy that requirement by paying a specified sum to the trust fund for open
                         space/habitat acquisition; creates the trust fund; establishes the priorities by which
                         the trust fund will acquire lands; and establishes a non-binding commitment by the
                         Board of County Commissioners to expand the funding base for the trust fund.
                         The ordinance requires that all development which meets the county's review
                         committee thresholds, must preserve and maintain in its natural state for
                         perpetuity, 5% of all habitat on site utilized by endangered and threatened species.
                         In lieu of this requirement, the-developer must contribute to the open space/habitat
                         reservation trust fund the amount of $100 per acre of the developed parcel.

                  B. SARASOTA COUNTY

                  1.     Apoxsee-The Revised and Updated Sarasota County Comprehensive Plan, 1988
                         a. Chapter 2, Environment, Guidelines for Evaluating Land Development Proposals
                         in Native Habitats - This section of the chapter lists the environmental values and
                         functions, and management guidelines for conserving the values and functions, for
                         each of nine habitat types.
                         b. Chapter 2, Environment, Environmental Plan - The purpose of this chapter is
                         to provide guidance in conserving, maintaining, and where necessary, restoring the
                         natural environment of Sarasota County. The five goals of the Environmental Plan
                         are: 1) to conserve, maintain and, where deemed necessary in the public interest,
                         restore the barrier island systems of Sarasota County; 2) to protect and enhance
                         wherever possible, the quality of the estuarine environment throughout the county;
                         3) to maintain and improve the functional and structural integrity of the natural
                         estuarine ecosystems and related coastal components through coordinated
                         management of human impacts in surrounding uplands and freshwater systems
                         and, further, to identify and address the impacts of growth so as to minimize or
                         eliminate any adverse effects on the Charlotte Harbor area; 4) to lessen the impact
                         of destructive storms on human life, public facilities, private structures and coastal
                         natural resources in the county; and 5) to conserve, protect, maintain, and, where
                         necessary, restore the natural resources of Sarasota County to ensure their
                         continued high quality and critical value to the quality of life in the county.

                  2.     Sarasota County Ordinances
                         a. Number 72-57, Fish and Wildlife Conservation, 1972 - The ordinance pertains
                         to fish and wildlife conservation, particularly shrimp, and regulates the taking,
                         shipment and transportation of shrimp from certain salt waters of the state;
                         prescribes the means by which the shrimp may be taken; provides a closed
                         season and imposes a penalty for violations.

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                    b. Number 72-84, Water and Navigation Control Authority, 1972 - The ordinance
                    creates the county Water and Navigation Control Authority. The ordinance
                    provides for the power and authority to regulate and control submerged bottom
                    lands, islands, sandbars, swamp and overflow lands and other sovereignty lands
                    in the county and prohibits dredging, pumping of sand, extension of lands,
                    construction or extension of islands, creating obstructions in, on or under, any of
                    the navigable waters of the county without obtaining a permit from the county
                    Water and Navigation Control Authority.
                    c. Number 72-127, Water Safety Services, 1972 - The ordinance relates to water
                    safety services, including authorizing the appropriation of funds and the
                    establishment of a department or section within the county to provide water safety
                    services.
                    d. Number 73-6, Safe Operation of Motorboats, 1973 - The ordinance relates to
                    regulating the safe operation of motorboats in or upon the waters of the county;
                    specifies the areas and means of enforcement; recognizes the priority of state and
                    federal regulations; and provides for penalties for violations.
                    e. Number 73-23, Amends Ordinance Number 72-84, Water and Navigation
                    Control Authority, 1973 - The amendment extends the jurisdiction of the Authority
                    to include all of Sarasota County.
                    f. Number 80-88, Safe Operation of Motorboats and Other Watercraft, 1988 - The
                    ordinance regulates the safe operation of motorboats and other watercraft in or
                    upon the waters of the county; states the purpose, area and means of
                    enforcement; provides for the priority of federal and state regulations; requires
                    careful and prudent operation of boats; prohibits operation of boats under the
                    influence of drugs or alcoholic beverages; prohibits the creation of a dangerous
                    wake; prohibits speeds greater than are reasonable under the circumstances; and
                    regulates boating, water skiing, diving and spear fishing in certain channels and
                    marked areas.
                    g. Number 82-82, Operation of MotorBoats and Watercraft, 1982, Amended by
                    Ordinance 87-73 - The ordinance authorizes certain signs to regulate boats and
                    watercraft.
                    h. Number 89-70, Safe Operation of Motorboats, Including Personal Watercraft,
                    and Watercraft, Amends Ordinance Number 80-88, 1989 - The amendment
                    includes regulations for personal watercraft and regulates operation of motorboats
                    or watercraft in marked swimming or bathing areas and provides for regulation of
                    motorboat and watercraft speed near shore of the Gulf of Mexico.

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