Lemon Bay Aquatic Preserve management plan adopted April 7, 1992

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

LEMON BAY

AQUATIC PRESERVE MANAGEMENT PLAN

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Qll 1992
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1992
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

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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.

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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.

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FIGURE 1. Lemon Bay Aquatic Preserve

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FIGURE 1. Lemon Bay Aquatic Preserve

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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

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.

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.

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.

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.

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$ 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.

(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,

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."

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.

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

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.

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.

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,

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.

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

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

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).

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.

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

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.

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

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.

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:

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.

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.

VENICE

Alligator Creek

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Forked Creek

Godfrey
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Co munity 776

yster 0
FIGURE 3. Vegetation and 0
Communities ood
Englew

Mangroves

Sea Grosses

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SARASOTA COUNTY
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CHARLOTTE COUNTY
Oysters

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FIGURE 3. Vegetaflon and OY$ter
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Salt Marsh

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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,

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.

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

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).

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

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.

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.

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.

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).

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).

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

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

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.

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

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

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.

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

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.

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

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

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.

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

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.

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.

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.

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.

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.

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;

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

VENICE

Alligator Creek

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

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

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

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

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.

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.

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

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

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.

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.

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

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.

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).

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

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

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.

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.

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

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.

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

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.

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.

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

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.

119

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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CHAPTER Vill

MANAGEMENT COORDINATION NETWORK

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

A. FEDERAL AGENCIES

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

The U.S. Army Corgs of Engineers (COE)- has jurisdiction over inland navigable
waters under the Rivers and Harbors Act of 1899. A revision of the Rivers and
Harbors Act in 1968 extended the Corps' jurisdiction allowing the agency to
consider the fish and wildlife, conservation, pollution, aesthetics, ecology, and other
relevant factors of a project. The Corps Regulatory Program expanded in 1972 with
the Federal Water Pollution Control Act Amendments, also know as the Clear Water
Act (CWA). Section 404 of this act requires the Corps to control dredge and fill
activities. In 1977, amendments to the CWA extended this jurisdictional
responsibility to wetlands. The Corps also contributes 50% of the funds reimbursed
to the Water Management Districts by the Department of Natural Resources for
aquatic plant control.

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

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

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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

125

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

The -Florida Degartment of Health and Rehabilitative Services (HRS) has
responsibilities to protect the public's health by overseeing functions that involve
water supply, onsite sewage disposal, septic tank cleaning, and solid waste control.
Authority for these responsibilities are found in Chapters 154, 381, and 386, F.S.,
and in the 10 D Series of F.A.C., known as the "Sanitary Code." The local county
health department has jurisdiction overseeing these responsibilities.

Also affecting the public's health and the aquatic preserve program is the arthropod
(mosquito) control program, which is usually administered through the local'
mosquito control district. Each of these public health progra ms holds the potential
to create significant impacts upon the aquatic preserves.

The florida Game and Fresh Water Fish Commission (GFWFC) authority is
provided in the rules and regulations of Chapters 39.101 and 39.102, F.A.C. This
authority involves the implementation of specific regulations and their enforcement
for protecting all wildlife and their habitats. As such, the GFWFC is the state
coordinator for species designated for protection in Florida.

The Florida Department of Communi1y Affairs (DCA) and the Regional Planning
Councils are authorized under Section 380.06, F.S., for administering the
Development of Regional Impact (DRI) review program. The DRI process was
established to provide a review and monitoring procedure for development projects
potentially affecting the health, safety or welfare of citizens of more than one
county.

Additionally, the DCA designates Areas of Critical State Concern (ACSC) which is
intended to protect the areas of the state where development has endangered or
may endanger resources of regional or statewide significance. Under an ACSC
designation, the local governments are required to notify the DCA of any application
for a development permit. The entire land development process will require the
state's supervision until that local government modifies its land development
practices to conform to the ACSC requirements.

The DCA also oversees the development of Local Government Comprehensive
Plans (LGCP) for both counties and municipalities, as required by the Local
Government Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Part 11, F.S. Subsection 163.3203 (5), F.S., provides that DCA shall
adopt rules for the review of local government land development regulations. Within
one year of submission for review by DCA, local governments are required to adopt
land development regulations which are consistent with their comprehensive plans,
pursuant to Subsection 163.3167 (2), F.S. -The two elements within theses plans
that bear most directly on the aquatic preserve program are the Coastal Zone
Management Element and the Conservation Element.

126

The Florida Marine Fisheries Commission (MFC) was established as the rulemaking
authority pursuant to Section 370.027, F.S. The seven members appointed by the
Governor are delegated full rulemaking authority over marine life (subject to
approval by the Trustees,), with the exception of endangered species. This
authority covers the following areas: (a) gear specifications, (b) prohibited gear, (c)
bag limits, (d) size limits, (e) species that may not be sold, (0 protected species,
(g) closed areas, (h) quality control codes, (i) open/closed seasons, and 0) special
considerations related to egg-bearing individuals, and (k) relaying to clams and
oysters. The MFC is also instructed to make annual recommendations to the
Trustees regarding marine fisheries research priorities.

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

The Florida Degartment of Transportation (DOI) has responsibilities that include
right-of-way and surface water runoff in the areas of roads, bridges, and
causeways. The DOT also updates a state-wide aerial photographic survey every
four years, rotating on a district basis.

C. REGIONAL AGENCIES

At the regional level, the management coordination network includes the Southwest
Florida Water Management, the Southwest Florida Regional Planning Council, and
the West Coast Inland Navigation District. These organizations conduct activities
that are on a broader scale than those of local governments.

The Southwest Florida Water Management District (SWFWMD was created by
Chapter 61-69, Laws of Florida, as a public corporation for carrying out Chapter
378, F.S., and is governed by provisions of Chapter 373, F.S. Chapters 40D-4 and
40D-40 were adopted to ensure continued protection of the water resources of the
District including wetlands and other natural resources. The rules in these chapters
are to implement the surface water management permit system mandated in Part
IV of Chapter 373, F.S. The statutes resulted from passage of Chapter 84-79, Laws
of Florida, the Warren G. Henderson Wetlands Protection Act of 1984.

SWFWIVID has jurisdiction over and administers the permitting program for water
use, well construction, stormwater discharge, surface water management,
groundwater withdrawals, water level control and provides control of exotic plants
(primarily hydrilla and water hyacinths) in cooperation with the COE.

127

It is the intent of the Florida Legislature (Chapter 87-97, Section 1-6, Laws of Florida)
through the Surface Water Improvement Management (SWIM) Act, that the water
management districts "design and implement plans and programs for the
improvement and management of surface water." Lemon Bay is not a designated
SWIM waterbody.

The Southwest Florida Reaional Planning Council (SWFRPC) ,serves as a regional
planning body for county and municipal governments. Its many functions include:
(1) providing assistance to local governments with planning expertise, (2) serving
as the regional representative for the DRI review process, (3) serving as a regional
clearinghouse for state and federal projects and programs, (4) assisting local
governments in securing grants, (5) conveying information from the local
governments to the state and federal levels, and (6) preparing and administering
the Regional Comprehensive Policy- Plan.

The 'West Coast Inland Naviaation District WCI@Q, which is part of the "Gulf
Intracoastal Waterway, is a multi-county district created by the Legislature. It was
created to provide spoil sites for maintenance of the Atlantic Intracoastal Waterway.
Presently, WCIND holds spoil easements over two spoil islands within the Lemon
Bay Aquatic Preserve.

D. LOCAL AGENCIES

The Lemon Bay Aquatic Preserve spans two counties (Charlotte and Sarasota)
which have areas of jurisdiction within the Lemon Bay basin and zoning regulations
over the adjacent uplands. Appendix 2 lists those ordinances, both proposed and
passed by these local governments, that relate to the management and protection
of resources within the aquatic preserve.

The Sarasota Counly Natural Resourges Department, Coastal Zone Division is the
lead agency in Sarasota County for reviewing and permitting all coastal projects
within unincorporated areas of Sarasota County. A permitting system has been
designed to reduce damage to coastal waters and shores and to preserve their
natural beauty, yet maintain property rights. Anyone proposing a coastal project is
required to apply for and be granted a coastal permit or variance prior to beginning
work.

There are two types of coastal projects that directly effect Lemon Bay. The first
category includes construction and maintenance of docks, piers, boat ramps, boat
basins, moorings, pilings, seawalls, rock revetments, retaining walls, regrading the'
shoreline, and maintenance dredging. Those projects waterward of the mean high
water line, or within swamp or overflow lands, encompass the majority of coastal
permit applications.

128

The second category is upland projects on the Gulf seaward of the Gulf beach
Setback Line (formerly the CCSL) and beach cleaning and grooming. Other upland
areas where the County review for any building proposal or excavation or filling is
required, is within an area 20 feet landward of the mean high water line or from the
most landward extent of swamp and overflow lands of any bay, bayou, tidal creek,
stream, canal, lake or river.

The Coastal Zone Division is also involved with environmental monitoring, habitat
restoration and enhancement of wetlands, sea turtle monitoring and tagging
program, boating regulations and safety and the creation and maintenance of
artificial reefs.

The Charlotte- Counly participation in regulation and protection of Lemon Bay is
principally the responsibility of a single environmental planner. The County Board
of Commissioners does have four committees that consider related issues and
citizen input. The four committees include the marine advisory, the beaches and
shores, the environmentally important lands acquision, and recreation and parks
committees. Current regulatory language is limited to the Conservation and Coastal
Elements of the County Comprehensive Plan. These policies provide for
cooperation with FDNR in their management of the State Aquatic Preserves, the
Charlotte Harbor State Reserve, Don Pedro State Park and the Port Charlotte State
Recreation Area. The effectiveness and cooperation of the county's relevant
programs would be strengthened if this management plan for Lemon Bay Aquatic
Preserve was incorporated by reference into the Charlotte County Comprehensive
Plan.

Other policies mandate that seagrass beds are protected, manatees and their
feeding areas are protected, endangered and threatened species are mapped and
a computerized data base of their habitats be maintained, a Conservation Overlay
be adopted, a water quality monitoring program be implemented and that Charlotte
County will identify and recommend for purchase by the State of Florida, those
floodplains that warrant acquisition under the Conservation and Recreational Lands
Program, or the Save Our Rivers Program or the Save Our Coast Program.

E. CITIZEN SUPPORT GROUPS

The American Littoral SociM is a national organization which focuses attention on
the shore and adjacent wetlands, bays and rivers. Members include professional
and amateur naturalists interested in and concerned for the coastal environment.
The society's goal is to encourage a better understanding of aquatic environments
and provide a unified voices advocating the protection of the delicate fabric of life
along the shore.

129

The Florida Chapter of the Littoral Society is over five years old. Currently, there
is an office located in Sarasota. A regional Englewood Branch Office was located
on Lemon Bay for two years, but was closed in July 1991 due to lack of funding
support. The focus of the office was on educational programs to educate school
children, to offer informational seminars to the community and work with other
established groups in the area to form a Coalition For Action.

The Littoral Society in Englewood helped coordinate the Lemon Bay Conference,
the Lemon Bay Manatee Project and Sea Turtle Volunteers. Coastal Clean Ups
have been organized and local data sheets on debris picked up have been included
in statewide reports. Volunteers for the sea turtle program contribute data for long
term population studies on the Loggerhead Sea Turtle and the sighting forms for
the Lemon Bay Manatee Project have been instrumental in setting No Wake Zones
in certain areas.

The Society has implemented public education through articles and advertisements
in local newspapers concerning the effects of habitat destruction and creek
development on Lemon Bay.

The -Lemon Bgy Conservana is an entirely non-profit organization for the
preservation, protection and acquisition of natural areas important in maintaining
the ecological balance of Lemon Bay and adjacent waters, with headquarters in
Englewood, Florida. It is the oldest Land Trust organization in Florida.

The Conservancy holds regular meetings in autumn, winter and spring which
involve a wide variety of upland and wetland conservation topics. Members are
active in a variety of projects and have assisted as volunteers in the Lemon Bay
Resource Inventory. The Conservancy was active in the designation both of the
aquatic preserve and the Outstanding Florida Waters for Lemon Bay.

130

131

-r,A, 2

LOCAL AGENCIES REGIONAL AGENCIES

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

SWC Soil and Water Conservation Districts

FEDERAL AGENCIES

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

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

FSG Florida Sea Grant

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

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

Local Regional State Federal
LGT cur [.Do IMCD ICD SWC Rpc IVNIII FIN I DAC DCA DER DNR GFC IMS Dos myr FMP FSG MFC I CG CO E E PA FWS NW GS
Dredge anti Fill Permitting 0 0 ......
0 0 T.
Docks, Fishing Piers, Seawalls 0 0
0 0 0 0 0
Marinas
Submerged Lands Management . ......
....... ....
. .. .. . . ....
Habitat Protection 0 0
NiangrovesiWellands Protection
.A
Seagrass Protection
.01

....... . ..... ...
Habitat Restoration 0 0 0 0 0
Niangroves/Wetiands Restoration 0
....... . . ..
Seagrass Restoration 0 0
Resource Inventory
0 0 .......
Manatees/Porpoises 0 101 .. ....

....... ......
Endangered Species 0 0 0 0 0 0
...... ........ ......
.. .........
..... ... . .
..... ..... . :. -, .
. . .........
.. ......
Shellfish/Aguaculture 0 ...... . ....... ..
. .. ...... ........ . ....... ...
.. ... .........
Public Awareness/Education 0 0 0 0
....... . ....... . .....
....... .. .... ....
........ ....
Research 0 0
CA)
... ......
Fisheries Research
CA) 0 0 ......... .........
Fisheries Management
. . ..... ..
Recreational Fishing
.... ...... .......
Commercial Fishing 0 0 0 0
Wildlife Management 0 0
Mosquito Impoundments 0 0
llistoricul/Archeological Sites
Water Quality 0 0 .0 0 0
Nonpoint Source Pollution 10 0 0 0 lei .0.
Point Source Pollution 0 0 0 0 0
::::!D: ;-jo:
Oil/Chemical Spills 01 0 0 0 0
....... .. ..
Drainage/Freshwater Control 0 0 0 0 0 0 0
.. ... . ...... .......
.. 7i..: *:.: rx
Emergency Response 0 0 ...... 0 0,0 0 0
... . . . .... ..... ....... I
... ......
Upland Development 0 0 .0. 0 . ......
....... ....
0 0 ..... .... ... ... .
Use Planning 0 10 ...
Land
Navigational/Boating
::i
7F
0 0
Recreational Areas ......
Bridges and Roads 1 101 1 ..... ....

CHAPTER VIIIII

STAFFING AND FUNDING NEEDS

A. INTRODUCTION

The success of the legislatively mandated Aquatic Preserve Program depends on
the availability of adequate staffing and funding support to accomplish the
management objectives for the preserves. Historically, the Aquatic Preserve
Program has been largely dependent on federal coastal zone grant funds for its
operation. As a result, funding for both field and central office positions has been
limited. To meet legislative intent, permanent, increased levels of support are
essential.

To date, and since its 1986 designation, the Lemon Bay Aquatic Preserve has been
managed by existing DNR staff in the regional Southwest Florida Aquatic Preserves
Office. The office is located in Lee County, 13 miles by boat and 60 miles by car
from the preserve. Seven other aquatic preserves are also managed out of the
regional DNR office. The staffing arrangement reduces the effectiveness of
managing each individual aquatic preserve because of the large workload and size
of the area covered.

The management goals set forth in this plan are designed to meet the mandated
intent of maintaining the Lemon Bay Aquatic Preserve resources in essentially
natural conditions for the benefit of future generations. Accomplishing the goals,
objectives and tasks set forth in the plan requires sufficient funding, staffing and
equipment. Currently, there is no legislative funding for staffing for the Lemon Bay
Aquatic Preserve.

The total needed tasks for successfully managing the preserve are given in Chapter
V1, Management Action Plan. The effectiveness of the program depends on what
percent of the total tasks are completed.

B. STAFFING OPTIONS

As guidance for agency and legislative budgetary actions, three options for different
levels of support for the Lemon Bay Aquatic Preserve are presented below. The
options include: 1) using existing staff levels, with less than 1 person assigned to
the preserve; 2) adding a 1 full time manager for the preserve; and 3) adding full
staff levels, including a manager, a resource protection specialist, an education
specialist and a secretary. For each option, the percent of the total tasks that
would be accomplished by the identified staff is given.

135

To accomplish 100% of the management tasks for the Lemon Bay Aquatic Preserve
would require about 7,000 hours of staff time each year.

OPTION 1: USING EXISTING STAFF LEVELS

Under current staffing levels, only the following goals can effectively be
accomplished:

Goal A/5: Encourage upland uses which protect/enhance the resources in
the preserve.

Goal 13/1: Protect existing aquatic communities, the following objectives -
Objective 13/1-1: Minimize damage to submerged resources by
reviewing/commenting on proposed use applications.
Objective B/1-2: Ensure structures/projects that have been built are
in compliance with authorized conditions.
Objective B/1-3: Ensure structures/projects that have been or are
being built have been authorized.

Plus, additional resource inventory information will be gathered from field notes
collected during these tasks.

These tasks require 3 to 4 days of staff time per month or 350 hours a year. With
current staff commitments, about 10% of the total tasks included in this
management plan are accomplished.

OPTION 2: ADDING A FULL TIME PRESERVE MANAGER

With an on-site, full time manager for the Lemon Bay Aquatic Preserve, the
following tasks could be accomplished:

Goal A/1: Maintain resource inventories, the following tasks -
Task A/1-1.1: Compile existing resource inventory data on
submerged/emergent vegetation.
Task A/1-2.1: Compile existing data on designated species.
Task A/1-3.1: Compile existing data on colonial nesting birds.
Task A/1-4.1: Compile existing data on benthic invertebrates.
Task A/1-5.1: Compile existing data on physical substrate and water
quality.
Task A/ 1 -6. 1: Compile existing data on manatee use of the preserve.

136

Goal A/2: Maintain inventory of physical alterations in preserve, the following
objectives -
Objective A/2-1: Compile existing photos/data on physical
alterations.

Goal A/3: Restore/enhance littoral zone habitats, the following tasks -
Task A/3-1.1: Identify disturbed shorelines during resource
inventories.
Task A/3-2.1: Identify seawalls without riprap/natural habitat at base
during resource inventories.

Goal C/2: Determine changes in manatee use of the preserve over time, the
following task -
Task C/2-1.1: Review existing data on manatee use of the preserve.

Goal C/3: Encourage on-going research, the following task -
Task C/3-1.1: Identify short/long term research needs.

Goal D/1: Provide information about the preserve/ resources, the following
task -
Task D/1-3.1: Distribute information to marinas, etc.

Goal D/2: Educate the public/policy makers about the preserve/resources,
the following task -
Task D/2-3.2: Conduct workshops for local policy makers/staff.

Plus the activities covered in Option 1: Goal A/5 and Objectives B/1-1, B/1-2, and
B/1-3.

The tasks with a full time manager would require about 1,800 hours of work per
year and would accomplish 30% of the total management activities in this plan.

OPTION 3: ADDING COMPLETE STAFF LEVELS FOR THE PRESERVE

Full staff for the Lemon Bay Aquatic Preserve, with four people, would accomplish
all the management goals, objectives and tasks in this plan, including:

Goal A/1: Maintain resource inventories.
Goal A/2: Maintain inventory of physical alterations.
Goal A/3: Restore/enhance littoral zone habitats.
Goal A/4: Improve water quality.
Goal A/5: Encourage upland uses which protect/enhance the resources of
the preserve.
Goal B/1: Protect existing aquatic communities.

137

Goal B/2: Protect designated species habitat.
Goal C/1: Determine changes in aquatic communities.
Goal C/2: Determine changes in manatee use.
Goal C/3: Encourage on-going research.
Goal D/1: Provide information about preserve/resources.
Goal D/2: Educate public/policy makers about preserve/resources.

All these goals would be achievable with full staffing, except where completion of
the tasks relies on outside funding, assistance and/or initiatives. Examples of
outside initiatives include: S.W.I.M. designation, G.I.S. development and creating an
environmental education center.

With full staffing, creative use of volunteers and interest groups would also enhance
management, of the preserve. It must be realized that many of these goals
represent on-going work, rather than specific finished products. - In such cases, the
sustained management of the preserve is important.

This optimal, complete staffing for the preserve would include the following 4
people: 1 aquatic preserve manager (Environmental Specialist 111), 1 environmental
educator (Environmental Specialist 11), 1 resource protection specialist
(Environmental Specialist 11) and 1 secretary/administrative assistant.

Additional technical support would be provided by the regional office, which will
house expertise and equipment not justified at each individual preserve office. The
regional office would include the library, laboratory and G.I.S. equipment.

The complete staff level could be achieved by a 2 year phase-in period. Besides
allowing time to acquire funding, this schedule will allow the responsibilities of the
aquatic preserve manager to be phased-in. The manager will be able to learn the
area and program details before receiving staff supervision responsibilities. A
phased-in staffing and budget for the Lemon Bay Aquatic Preserve is given in Table
3.

An annual review of the accomplishments of the program relative to the tasks listed
in Chapter VI will help to determine if the initial staffing estimates are accurate.

To successfully accomplish the legislatively mandated goals of the Aquatic Preserve
Program and the Lemon Bay Aquatic Preserve Management Plan, full staffing with
continued funding is essential.

If less than adequate support levels are provided, priorities must be set for
accomplishing the goals, objectives and tasks in this plan. Guidelines for
monitoring the accomplishments of the program are given in the following chapter.

138

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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Meade, R.H. 1969. Landward transport of bottom sediments in estuaries of the
Atlantic Coastal Plain. J. Sediment Petrology 39:222-234.

Miller, J.A. 1986. Hydrogeologic framework of the Floridian aquifer system in
inFlorida and parts of Georgia, Alabama and South Carolina. U.S. Geological
Survey Professional Paper 1403-13, 91 pp.

Ogden J.C.and J.C. Zieman. 1977 Ecological aspects of coral reef seagrass bed
contacts in the Caribbean. Proc. 3rd Int. Symp. Coral Reefs Univ. Miami
3:377-382.

144

Parker C.G. and C.W. Cooke, 1944. Late cenozoic geology of Southern Florida
with a discussion of the groundwater. Fl. Geol. Surv. Bull. 27.

Puri, H.S. and R.O. Vernon. 1964. Summary of the Geology of Florida and
guidebook to the classic exposures. Fla Geol. survey Spec. Pub[. No. 5, 312
1310.

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
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Sarasota department of Planning. 1980. Apoxsee, Sarasota County's
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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
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South Florida Water Management District 1980. Monthly Precipitation Report, May
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Sprague, M.K., RX Sadler, W.B. Porter and R.L. Thompson. 1986. Comprehensive
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Stokman, R.W., R.N. Ginsburg and E.A. Shinn. 1967. The production of lime mud
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Vaughn, T.W. 1910. A contribution to the geological history of peninsular Florida.
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Watts, W.A. 1971. Past glacial and interglacial vegetation history of southern Georgia
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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
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(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

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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

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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.

156

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

157

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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