[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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          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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       Repr:             Enc LvL: I             Conf pub: 0            Ctry:   flu
       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.

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                         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.


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                 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


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             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



                                                           96








             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.

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                   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.




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                              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.


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                      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.




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              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


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                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.

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              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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              Rainwater, E.H. 1960. Stratigraphy and its role in the future exploration for oil and
                     gas in the Gulf coast. Trans. Gulf Coast Assoc. of Geol. Society, LO:33-75.

              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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