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

                              LOXAHATCHEE   RIVER--LAKE WORTH CREEK
                               AQUATIC PRESERVE MANAGEMENT PLAN

                                          ADOPTED JUNE 12, 1984

                                                         COASTAL ZONE,
                                                     INFORMATION CENTER

                QH
                90.75
                T6
                L64
                1984

                                  Department of Natural Resources

                           LOXAHATCHEE RIVER--LAKE WORTH CREEK
                            AQUATIC PRESERVE MANAGEMENT PLA-N

            U,

                                 Dr. Elton J. Gissendanner
                                     Executive Director
                              Department of Natural Resources

                              Division of Recreation and Parks

                          Bureau pf Environmental Land Management

                                       US Department of Commerce
                                   NOAA Coastal Services Center Library
                                        2234 South Hobson Avenue
                                        Charlestoj4 SC 29405-2413

                   Preparation of this management plan was primaxily supported
                   by a grant from the U.S. Office of Ocean and Coastal
                   Resource Management, National Oceanic and Atmospheric
                   Administration, and, the Florida Department of Environmental
                   Regulation, the Office of Coastal Management, through the
                   Coastal Zone Management Act of 1972 as amended.

                                               EXECUTIVE SUMMARY

               The Loxahatchee River-Lake Worth Creek area is a small dynamic estuary
               important in this region for its value to fishing, boating and prime
               residential development. The preserve is in a rapidly growing urban area with
               the majority of the estuary's shoreline developed in single family residences.
               The upper portion of the preserve in the Northwest Fork overlaps the
               Loxahatchee River Wild and Scenic area and this portion of the preserve is
               designated as wilderness. The remainder of the preserve is designated as
               urban. The preserve is protected to the north by Jonathan Dickinson State
               Park.

               The estuary is an important home and nursery for an extensive array of fish
               and wildlife. The major problems in the continued health of this area are
               the massive amounts of freshwater released by drainage canals into the
               estuary, saltwater intrusion moving up the Northwest Fork and water quality
               problems associated with agricultural drainage and urban runoff.

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

                                                                      It

                                                       STATE OF FLORIDA

                                  BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

                                                     R E S 0 L U T 1 0 N

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

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

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

                       is vested in the Trustees under Chapter 253, Florida Statutes; and

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

                       submerged lands within aquatic pres erves be set aside forever in their

                       essentially natural or existing condition for the benefit of future

                       generations; and

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

                       reasonable rules and regulations to carry out the provisions of Sections

                       258.35 through 258.46, Florida Statutes, regarding.the regulation of human

                       activity within the aquatic preserves so as not to unreasonably interfere with

                       lawful and traditional public uses of the preserves;

                            WHEREAS; Sectfon 16Q-20.13, Florida Administrative Code, mandates the

                       development of management plans for aquatic preserves; and

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

                       managing and protecting aquatic preserve; and

                            WHEREAS, the Trustees recognize the importance and benefits of protecting

                       the natural resources and preserving the natural ecosystem of the aquatic

                       preserves in the Loxahatchee River-Lake Worth Creek area, and

                   ... ........

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

                   Improvement Trust Fund hereby adopts the Loxahatchee River-Lake Worth Creek

                   Aquatic Preserve Management Plan; and

                        BE IT FURTHER RESOLVED that the Trustees designate the Loxahatchee

                   River-Lake Worth Creek Aquatic Preserve as a "wilderness preserve", north of

                   river mile 5.5 on the Northwest Fork, wherein the primary management objective

                   will be the maintenance of these ecosystems in an essentially natural state;

                   and

                        BE IT FURTHER RESOLVED that the Trustees designate the remainder of the

                   Loxahatchee River-Lake Worth Creek Aquatic Preserve as an "urban preserve",

                   wherein the primary management objective will be the maintenance of

                   essentially natural state, where present, and restoration to that condition

                   where possible; and

                        BE IT FURTHER RESOLVED that the Loxahatchee River-Lake Worth Creek

                   Aquatic Preserve Management Plan shall serve as a fundamental policy guideline

                   for the Trustees and other state and local agencies having jurisdiction

                   relative to maintaining the Loxahatchee River-Lake Worth Creek Aquatic Preserve

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

                   implementation of all administrative rules'and programs related to the

                   management of state-owned submerged lands within the Loxahatchee River-Lake

                   Worth Creek Aquatic Preserve; and

                        BE IT FURTHER RESOLVED THAT the Department of Natural Resources, Division

                   of Recreation and Parks, is hereby designated as agent for the Trustees for

                   Purposes of aquatic preserve planning and management.

                        IN TESTIMONY WHEREOF THE Board of Trustees of the Internal Improvement
                                                             iv

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

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

                  hereunto affixed in the City of Tallahassee, The Capitol, on this the 12th

                  day of      June       A.D., 1984.

                                                               Governor

                                                               Secretary of State

                  Commisioner of Education                          ney General
                                                               Yo r

                      A
                  Commis@/one'r of Agriculture                 Comptroller
                                 -7wJA'0'7    J.               VAen-et--C7@n
                                         ion

                                                                 X'@J@

                  As and Constituting the State of             Aa& 2LZ

                  Florida Board of Trustees of the             Treasurer

                  Internal Improvement Trust Fund
                                                                v

                                                 TABLE OF CONTENTS

                 Chapter                                                                 Page

                   I. INTRODUCTION   ..................................................      I

                   II. MANAGEMENT AUTHORITY   ..........................................    7

                  III. MAJOR PROGRAM POLICY DIRECTIVES   ...............................  19

                   IV. RESOURCE DESCRIPTION   ..........................................  23

                       A. Geologic Features and Landforms     ........................... 24

                       B.   Community Associations  ....................................  25

                       C.   Archaeological and Historical Sites   ....................... 34

                       D.   Water Resources  ...........................................  41

                       E.   Cultural  ..................................................  42

                    V. RESOURCE MANAGEMENT   ...........................................  45

                       A. Introduction   ..............................................   45

                       B.   Onsite Management Objectives  ..............................  45

                       C.   Resource Mapping and Resource Protection Areas    ............ 68

                       D.   Administrative Management Objectives   ...................... 71

                   VI. MANAGEMENT IMPLEMENTATION NETWORK    ............................. 79

                       A. Federal   ...................................................   79

                       B.   State  .....................................................  82

                       C.   Regional  ..................................................  87

                       D.   Local Governments and Special Districts   ................... 89

                       E.   Other Entities  ............................................  92

                                                           vi

                Table of Contents (Continued)

                CHAPTER                                                                       Page

                 VII. PUBLIC USES    ...................................................       95

                       A. Consumptive Uses    ...........................................      95

                       B. Non-Consumptive Uses     .......................................     96

                VIII.  PRIVATE NON-COMMERCIAL USES     ...................................     97

                   IX. COMMERCIAL USES   ...............................................      101

                       A. Traditional Commercial Uses      ...............................    101

                       B. Non-Traditional Commercial Uses       ...........................   104

                    X. SCIENTIFIC RESEARCH    ...........................................     105

                   XI. ENVIRONMENTAL EDUCATION.:     .....................................    107

                  XII. IDENTIFIED PROGRAM NEEDS    ......................  o.............  o. 109

                       A. Acquisition of Additional Property       ...o ....................  110

                       B.   Boundary Problems and Systems Insufficiences.       ............. 110

                       C.   Legislative Needs  ...............   o ........  o......o  .......  O.o
                       D.   Administrati,ve Rule Changes   ......  oo ...........o...........
                       E.   Data (Information) Needs    .........  o........................  112

                       F.   Resource Protection and Enforcement Capabilities.       ......... 112

                       G.  Funding and Staffing Needs    ........  o................... o... o 113

                BIBLIOGRAPHY  .................................    oo .................. o ... 115

                CONTENTS OF APPENDICES  ........ o ...o .......... o...o........ o .......... 119

                                                               vii

                                               Chapter I

                                             INTRODUCTION

               This management plan addresses the Loxahatchee River-Lake Worth Creek Aquatic
               Preserve (Figure 1) in southeast Florida, approximately 16 miles south of

               Stuart and 16 miles north of West Palm Beach. The surface water area of the

               preserve is approximately 9,000 acres while the Loxahatchee River drainage

               basin encompasses 210 square miles, reduced from the probable 270 square mile

               historic basin (McPherson, et. al. 1980). The major portion of the preserve

               is within Palm Beach County, with the smaller portion in Martin County. There'-

               are two incorpora ted cities bordering the preserve's boundary, Jupiter and the

               Village of Tequesta.

               The Loxahatchee River estuary drains northeast Palm Beach County and southeast

               Martin County (Figure 1). The Loxahatchee River (Northwest and Southwest

               Forks (C-18)).drained the Loxahatchee Slough from the southwest to these

               forks. The natural drainage patterns in this area have been redirected and

               greatly effected by extensive artificial drainage. The North Fork drains the

               eastern portion of Jonathan Dickinson State Park and the Village of Tequesta

               on the coastal ridge. The estuary also includes Intercoastal Waterway, to the

               north on Hobe Sound and to the south on Lake Worth Creek. The estuary and

               lower river basin shoreline has extensive urban residential development and

               bulkheading. Mangrove trees are limited to a shoreline fringe with the

               exception of a few islands and undeveloped areas on the Northwest Fork.

             Extensive marine grassbeds are found mainly in the central basin of the

             estuary, at the confluence of the three forks.

             The climate in this region is subtropical, with an average annual rainfall of

             approximately 60 inches. The majority of this rainfall occurs from May to
             October (Land, et al., 1973). This area along with south Florida in general,

             has experienced drought periods, with the period of 1981-1982 being one of the

             worst on record.

             The Loxahatchee River Estuary is supplied with freshwater by the North Fork

             and Northwest Fork, and C-18 via the Southwest Fork. The upper floodplain of

             the Northwest Fork approximates the historic condition of the basin before

             manis intervention. The Loxahatchee River basin has been redefined through

             man-madefeatures such as canals, levees, roads and other agricultural and

            .water management practices.

             The Loxahatchee River-Lake Worth Creek Aquatic Preserve is designated and

             managed in two sections. The larger section including, Lake Worth Creek, the

             North Fork, Southwest Fprk and Northwest Fork up to river mile 5.5 is

             designated as an urban preserve. The remaining areas on the upper Northwest

             Fork is designated a wilderness preserve. The management emphasis in the

             urban section will be aimed at restoring and enhancing the natural condition

             of the resources, as much as possible. The wilderness section will be managed

             to emphasize maintaining and enhancing the existing wilderness condition. As

             more site specific information becomes available essentially natural condi-

             tions shall be identified and resources in disturbed areas restored to that

                                                    2

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                                                        COUNTY  BOUNDARY LINE

                                                        CORPORATE LIMITS
                                                                                                       ..........
                                       ..............
                                        .............   MILITARY RESV. BOY.

                                               I        RAILROAD

                                                        PAVED ROAD   HIGH  TYPE

                                     - - - - - - -      BITUMINOUS ROAD
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                                           S   . .. .... STATE HIGHWAY
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                                                            TIC    ESERVE
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                                                          MAP OF                                                                                                                           CIS
                              LOXAHATCHEE RIVER-LAKE WORTH GREEK                                                                       2000 1000 0              2000       4000
                                                                                                          14
                                                AQUATIC PRESERVE                                                                                   SCALE IN    FEET
                                            AQUATIC PRESERVE A-11
                                      MARTIN AND PALM BEACH COUNTIES, FLORIDA
                                                         CREATED BY

                                               STATE OF FLORIDA BOARD OF
                                 TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND                                                                                 PREPARED BY Fj HANSEN
                                                     OCTOBER 21, 1969                                                                                            OIVISION OF LAND MANAG GEMENT
                                            RESOLUTION ADOPTED OCTOBER 2i, 1969                                                                                  JUNE,1970
                                                                                                        23                               24

              condition where possible. This plan advocates a multiple use approach to

              management due to the extensive and diverse uses within the Preserve. These

              uses include boating, fishing, and swimming.

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

              program in this aquatic preserve will be restricted in the scope of

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

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

              growth. The administrative support for this management program will be

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

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

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

              Resources and the BELM staff, when available. On-site experience and

              additional resource information will likely require modifications, (i.e.,

              additions and deletions) of the program and plan, which are both designed  to

              accommodate such changes or at least identify areas needing improvement.

              Initially, the resource inventory will be heavily dependent on LANDSAT

              satellite imagery, DOT yegetation and land use mapping, and existing

              scientific and other literature. As the program proceeds and on-site managers

              are present, a better knowledge of the resources within the preserve and how

              man interacts and affects them will develop.

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

              Chapter II cites the authorities uponwhich this management program and plan

                                                       4

                are built. Chapter III (Major Program Policy Directives) highlights the major

                policy areas that are within this plan. Chapter IV presents a brief resource

                description and reference the appendices which contain more detailed

                information on the resources.

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

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

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

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

                organizations, interest groups, and individuals.

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

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

                scientific research and environmental education, respectively.

                Chapter XII is an internal management improvement section identifying problems

                and needs in the progressive improvement of this aquatic preserve management

                plan.

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

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

                for the plan was by a coastal management grant (CM-78) through the U.S.

                De partment of Commerce' National Oceanic and Atmospheric Administration,

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

                Environmental Regulation, Office of Coastal Management.

                                                       5

                                                Chapter II

                                           MANAGEMENT AUTHORITY

                Chapter 258, F.S., clearly establishes the proprietary management overview

                role of the Governor and Cabinet, sitting as the Board of Trustees of the

                Internal Improvement Trust Fund and are variously referred to as the

                "Trustees" or the "Board". Furthermore, all management responsibilities

                assigned to the Trustees by this plan may be fulfilled directly by the

                Governor and Cabinet or indirectly via staff or agents of the Trustees,

                pursuant to delegations of authority, management agreements, or other legal

                mechanisms. All subsequent references to the Board or Trustees should,

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

                addition to the Governor and Cabinet.

                In many respects, the authorities available supporting aquatic preserve

                planning and management are the cumulative result of the publics' awareness of

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

                system of aquatic preserves is a direct outgrowth of public concern with

                dredge and fill activities rampant in the late 1960's.

                The Loxahatchee River-Lake Worth Creek Aquatic Preserve was approved by the

                Trustees on November 2, 1970, by resolution. The boundary line of Figure 1

                                                        7

             represents the gross boundary of the aquatic preserve. The actual preserve

             includes those sovereignty submerged lands located waterward of the mean

             high waterline within this boundary area.

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

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

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

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

             Board of Trustees of the Internal Improvement Trust Fund (the Governor and

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

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

             impacts of development led to.the Governor and Cabinet imposing a moratorium

             on the sale of submerged lands to private interests. In that same year, this
             action was followed by the creation of an inter*agency Advisory Committee on

             submerged lands management. In late 1968, that Committee issued a report

             recommending the establishment of a series of aquatic preserves. Twenty-six

             separate waterbodies were addressed in the original recommendation.

             Also in 1968, the Florida Constitution was revised, declaring in Article II,

             Section 7, the State's policy of conserving and protecting the natural

             resources and scenic beauty of the state. That constitutional provision also

             established the authority for the Legislature to enact measures for the

             abatement of air and water pollution.

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

             recommendations of the Interagency Advisory Committee and adopted, by

                                                      8

                 resolution, 18 of the water bodies as aquatic preserves. Other preserves were

                 similarly adopted at various times through 1971.

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

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

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

                 Bay Aquatic Preserves, respectively.

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

                 in Chapter 258 of the Florida Statutes), thereby bringing all existing

                 preserves under a standardized set of maintenance criteria. Additional acts

                 were passed subsequent to the 1975 action, such as the addition of the

                 Cockroach Bay Aquatic Preserve in 1976 and the Gasparilla Sound-Charlotte

                 Harbor Aquatic Preserve to the system in 1978.

                 The primary authorities available to staff in implementing management

                 directives affecting aquatic preserves are found in Chapters 258 and 253,

                 Florida Statutes. These authorities stipulate a lead responsibility for the

                 Governor and Cabinet, sitting as the Board of Trustees of the Internal

                 Improvement Trust Fund. Acting as "agents" for the Trustees, the staff of the

                 Bureau of Environmental Land Management (BELM) is able to review all requests

                 for uses of/or directly affecting state-owned sovereignty submerged lands

                 within aquatic Preserves. The review and subsequent staff comments are

                 primarily geared toward the environmental consequences of any proposed use of

                 state-owned submerged land. The review is conducted within the confines of

                 the criteria contained in the "maintenance" provisions for aquatic preserves

                 in Chapter 258, Florida Statutes.

                                                     9

              Formal review comments are provided to the Department of Natural resources,

              Division of State Lands by the Bureau of Environmental Land Management for

              inclusion in the comments and recommendations accompanying agenda items for

              Trustees consideration. This mechanism allows the Governor and Cabinet,

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

              within the context of environmental impact upon the preserve.

              Chapters 16Q-21 and 16Q-20, Florida Administrative Code, are two adminis-

              trative rules directly applicable to the Department of Natural Resources/

              Trustee's actions regarding allowable uses of submerged lands, in general, and

              aquatic preserves specifically. Chapter 16Q-21, F.A.C. controls activities

              conducted on sovereignty submerged lands, and is predicated upon the

              provisions of Sections 258.03 and 253.12, F.S. The stated intent of this

              administrative rule is:

                   "(1) To aid in fulfilling the trust  and fiduciary responsibilities of

                         the Board of Trustees of the Internal Improvement Trust Fund for

                         the administration, management and disposition of sovereignty

                         lands;

                    (2) To insure maximum benefit and use of sovereignty lands for all

                         the citizens of Florida;

                    (3)  To manage, protect, and enhance sovereignty lands so that the

                         public may continue to enjoy traditional uses including, but not

                         limited to, navigation, fishing, and swimming;

                                                      10

                       (4)  To manage and provide maximum protection for all sovereignty

                            lands, especially those important to public drinking water

                            supply, shellfish harvesting, public recreation, and fish and

                            wildlife propagation and management;

                       (5)  To insure that all public and private activities on sovereignty

                            lands which generate revenues or exclude traditional public uses

                            provide just compensation for such privileges; and,

                       (6)  To @id in the implementation of the State Lands

                            Management Plan."

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

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

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

                      (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 Section

                           258.39, 258.391, 258.392, F.S., and in 16Q-20.02,

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

                         preserved in an essentially natural or existing

                         condition so that their aes thetic, 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) 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 @he traditional recreational uses of
                              these waters such as swimming, boating, and

                              fishing;

                         (c)  To coordinate with federal, state, and local

                              management programs, which are compatible with

                              the intent of the Legislature in creating the

                              the preserves;

                                                     12

                            (d) To use applicable federal, state, and local

                                 management programs, which are compatible with

                                 the intent and provisions of the act and these

                                 rules, to assist in managing the preserves;

                            (e)  To encourage the protection, enhancement or

                                 restoration of the biological, aesthetic,

                                 or scientific values of the preserves, including

                                 but not limited to the modification of existing

                                 manmade conditions toward their natural condition,

                                 and discourage activities which would degrade the

                                 aesthetic, biological, or scientific values, or

                                 the quality, or utility of a preserve, when

                                 reviewing applications, or when developing and

                                 implementing management plans for the preserve;

                            (f)  To preserve, promote, and utilize indigenous life

                                 forms and habitats, including but not limited to:

                                 sponges, soft coral, hard corals, submerged grasses,

                                 mangroves, salt water marshes, fresh water marshes,

                                 mud flats, estuarine, aquatic and marine manimals,

                                 birds, shellfish and mollusks:

                            (g) To acquire additional title interests in lands

                                 wherever such acquisitions would serve to protect

                                                        13

                              or enhance the biological, aesthetic, or scientific

                              values of the preserves.

                         (h)  To maintain those beneficial hydrologic and biologic

                              functions, the benefits of which accrue to the public at

                              large."

               The Charlotte Harbor Aquatic Preserve Management Plan, approved by the

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

               preserve.The Estero Bay Aquatic Preserve Management Plan was approved on

               September 6, 1983.

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

               and Cabinet, sitting as the Board of Trustees of the Internal Improvement

               Trust Fund, contains specific policies, the Plan also establishes policies

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

               Landscapes", unique natural features, submerged grassbeds, archaeological and

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

               management guidance to the aquatic preserve program.
                                    I

               Other Department of Natural Resources management authorities applicable to

               aquatic preserves include fisheries and marine mammal management and protec-

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

               161, F.S. Land acquisition programs conducted under the Environmentally

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

               Recreation Lands Program authorized by 253, F.S. will enhance the protection

               of the natural resources within the aquatic preserves.

                                                    14

                 Chapter 403, Florida Statutes, is an important adjunct to Chapter's 253 and

                 258, F.S. This governs, in part, the State's regulatory programs affecting

                 water quality. The Department of Environmental Regulation, through a

                 permitting and certification process, administers this program. Section

                 253.77, F.S. requires that all state regulatory agencies, such as the

                 Department of Environmental Regulation, have evidence of approval of the

                 requested use from the Trustees, prior to issuing permits for projects

                 utilizing state-owned land. This statutory directive provides an avenue for

                 staff comments on potential environmental impacts of projects in aquatic

                 preserves through the Department of Environmental Regulation permitting

                 process. Additionally, the Department of Environmental Regulation has

                 designated, by administrative rule, a series of waterbodies with stringent use

                 criteria called "Outstanding Florida Waters" (OFW). The inclusion of all

                 aquatic preserve waters within this classification greatly enhances the

                 protective provisions of Chapter 258, F.S. As the designated "306" Coastal

                 Zone Management Agency, the Department of Environmental Regulation also

                 provides a source of fund ing for data collection and planning in areas such as

                 the Loxahatchee River basin, as well as being the state agency responsible for

                 implementing the "federal consistency" provisions of the federal Coastal Zone

                 Management Act.

                 The Department of Environmental Regulation's administrative rules of primary

                 significance to the aquatic preserve management program include Chapters 17-3

                 and 17-4, Florida Administrative Code. Both rules are based upon the

                 authorities contained in Chapter 403, F.S. Chapter 17-3, F.A.C. addresses

                 water quality standards and establishe*s the catagory of "Outstanding Florida

                 Waters", while Chapter 17-4 F.A.C. addresses permit requirements.

                                                       15

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

               of Environmental Regulation, the Department of Natural Resources, and the U.S.

               Army Corps of Engineers was executed. This MOU clearly establishes a process

               whereby the proprietary concerns of the Trustees, stated in Chapter 253, F.S.

               can be integrated into the Department of Environmental Regulation/Corps of

               Engineers joint permit processing system.

               Other opportunities for environmental review and input into activities

               potentially affecting aquatic preserves are afforded by the Department of

               Community Affairs, and the Department of State, Division of Archives, History,

               and Records Management. The Executive Office of the Governor also provides a

               mechanism for public input into federal projects via the State clearinghouse

               process.

               The Department of Community Affairs is statutorily responsible for adminis-

               tering the "Development of Regional Impact" (DRI). The DRI program,

               authorized by Section 380.06, F.S. was established by the Legislature to

               provide a review and monitoring procedure for those development projects

               potentially affecting more than one county.

               Chapter 267, F.S. establishes the state policy regarding preservation and

               management of Florida's archaeological and historical resources. This

               responsibility is legislatively assigned to the Department of State,

               Division of Archives', History and Records Management, which holds title

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

               to sovereignty submerged lands, including aquatic preserves.

                                                   16

                The Department of Health and Rehabilitative Services, under their public

                mandate, administer two programs directly affecting the aquatic preserve
                management program. These programs are (1) septic tank regulation, usually

                administered by county health departments and (2) arthropod (mosquito) control

                programs, usually implemented through local mosquito control districts. Each

                of these programs holds the potential for creating significant impacts upon

                the aquatic preserves. Establishment of close working relationships between

                the aquatic preserve staff and the Department of Health and Rehabilitative

                Services will be a necessary element of the aquatic preserves management

                program.

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

                protecting aquatic preserves and their ecologically sensitive resources.

                Appendix A contains a compendium of the appropriate statutes and

                administrative rules.

                                                      17

                                              Chapter III

                                    MAJOR PROGRAM POLICY DIRECTIVES

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

                 either generally or definitively. This section highlights those major policy

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

                 these policies will provide specific staff direction for implementing the

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

                 directives are:

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

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

                 Board of Trustees and Division of Archives, History, and Records Management,

                 and such disturbance is part of an approved research design or authorized

                 project.

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

                 maintenance of essentially natural conditions in the wilderness section and

                 restoration of those conditions in the urban section and to ensure the

                 propagation of fish and wildlife, and public recreation opportunities.

                 (C) Develop a resource inventory, and map natural habitat types within the

                 aquatic preserve, with an emphasis on those habitat types utilized by

                 threatened and/or endangered species.

                                                      19

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

              habitat within the aquatic preserve. .

              (E) Prohibit development activities within the aquatic preserve that

              adversely impact upon grass beds and other valuable submerged habitat, unless

              a prior determination has been made by the Board of overriding public

              importance with no reasonable alternatives, and adequate mitigation measures

              are included.

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

              shoreline vegetation (freshwater swamp) within the aquatic preserve, except

              when necessitated by the pursuit of legally authorized projects and the Palm

              Beach Mangrove Protection Ordinance.

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

              interested researchers within the framework of a planned research program in

              the aquatic preserve.

              (H) Acquire, where feasible, privately owned submerged lands located within
              the boundaries of the aquatic preserve pursuant to the authorities contained

              in Section 253.02(4) F.S.

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

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

              preserve.

                                                   20

                W Prohibit non-water dependent uses of submerged lands within the aquatic

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

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

                This prohibition shall include floating residential units, as defined in

                Section 125.0106(2), F.S.

                W Prohibit storage of toxic, radioactive, or other hazardous materials

                within the aquatic preserve.

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

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

                failure to conduct such practices would result in a threat to public health.

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

                are approved by E.P.A. for wetland and aquatic application.

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

                preserve boundaries.

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

                environmentally fragile areas within the aquatic preserve and that the

                construction will maintain the essentially natural condition while enhancing

                the quality and utility of the preserve.

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

                rookeries and wildlife habitat areas.

                                                      21

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

             continued maintenance of its natural values and functions.

             (R) Develop a well coordinated aquatic preserve management mechanism

             that recognizes and utilizes local government programs and authorities.

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

             maintenance of the naturally high water quality of the estuary and ensure the

             natural seasonal flow fluctuations of freshwater into the estuary.

             (T) Formally recognize and designate the Loxahatchee-Lake Worth Creek Aquatic

             Preserve as an urban/wilderness preserve as delineated in Figure 1, in
             accordance with the provisions of Section 16Q-20.13(d), F.A.C.

             (U) Apply the management criteria contained in the adopted Loxahatchee

             River-Lake Worth Creek Aquatic Preserve Management Plan to all-subsequent

             legislative additions of land to the aquatic preserve.

                                    I

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

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

             of protection of natural and cultural resources and the enforcement of

             applicable resource laws and ordinances.

                                                      22

                                                Chapter IV

                                           RESOURCE DESCRIPTION

                The Loxahatchee River-Lake Worth Creek area is a small dynamic estuary

                important in this region for its value to fishing, boating and prime

                residential development. It is located in a rapidly growing urban area. The

                estuary is also affected by agricultural drainage from canal C-18. The

                majority of the estuary's shore line has been developed in single family

                residences. The upper portion of the area in the Northwest Fork is the only

                portion of the system that has not been developed. This portion is bordered

                by the Jonathan Dickinson State Park and is the last remaining area of the

                preserve to still qualify as wilderness. The Northwest Fork above this area

                is presently under review for possible designation as a National Wild and

                Scenic River.

                The estuary is an important home and nursery for an extensive array of fish

                and wildlife. The major problems in the continued health of this area are the

                massive amounts of freshwater released by the extensive man-made drainage

                system in the Loxahatchee River basin and the water quality problems associ-

                ated with agriculture drainage and the urban development surrounding the

                estuary.

                Detailed information on the resources, such as species lists, water quality

                information, archaeological and historical site information, life histories,

                                                      23

               geological background, supporting maps, and cultural resource information are

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

               chapter is intended to be a general description of the major management

               functions and of the area surrounding the riverine and estuarine complex.

               A.  Geological Features and Landforms.

               The Loxahatchee River estuary began to form about 15,000 to 6,000 years ago

               when a rise in sea level drowned the previous river valley. As the sea level

               rose the Loxahatchee estuary transformed from a freshwater marsh to (present)

               a tidally influenced and flooded estuary. The estuary has continually changed

               in shape from that time due to sedimentation and erosion processes.

               Jupiter inlet has also opened and closed in response to natural causes.

               During periods when the inlet closed the estuary reverted to a freshwater

               marsh condition. With the arrival of more and more settlers in the early

               1900's the stagnate marsh condition became unacceptable. Since the 1920's the

               Jupiter Inlet District has maintained an open inlet.

               The Loxahatchee River cuts through the Atlantic Coastal Ridge that separates

               the Eastern Flatwoods to the west from the Atlantic Ocean to the east. The

               Eastern Flatwoods in their natural condition generally consisted of pine and

               palmetto flatwoods. The C-18 canal system also drains portions of the glades

               region to the southwest and the Loxahatchee Slough west of West Palm Beach.

               This extended drainage basin now flows into the Loxahatchee River. The
               Atlantic Coastal Ridge parallels the Atlantic Ocean's coast and forms a low

               ridge of relatively permeable sandy soil (Lichtler, 1960).

                                                     24

                The Loxahatchee River system has been a winding convoluted river and dynamic

                estuary. The drainage improvements and stabilization from the draining,

                channelizing, bulkheading, dredging, and filling have generally harnessed this

                system.

                B.  Community Associations.

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

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

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

                with these plant communities. Five major community associations are

                recognized in the preserve: mangrove, freshwater swamp, marine grassbeds,

                oyster bars, and tidal flats. Each community is presented separately although-
                in reality these communities are sometimes mixed or overiap.' Final

                subsections address the animal life and endangered species within the aquatic

                preserves.

                1.  Mangroves. The four species of mangrove trees in the Loxahatchee

                River-Lake Worth Creek area represent the dominant vegetational association.

                The mangroves range from twelve to fifty feet in height and generally inhabit

                the low energy shorelines of the estuary system.

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

                mangle) both in and near the water at low tide level; black mangrove

                (Avicennia germinans) generally inland of, but are sometimes mixed with reds;

                white mangrove (Laguncularia racemosa) generally upland of but also mixed

                                                       25

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

             whites. These mangrove association species generally indicate areas of
             frequent (red mangrove) to infrequent (white mangrove) saline inundation.

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

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

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

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

             are also areas of overwash mangrove areas, where the mangroves are standing in

             water with little or no associated uplands. This variation is generally

             dominated by red mangroves (Odum et al., 1982). Mangroves have been migrating

             upstream on the Northwest Fork as the salt wedge has moved up that stream.

             The mangrove species have various root structures, (i.e., prop roots and

             pneumatophores-the aerating root spikes of the blacks) and extensive

             underground root mats which capture and stabilize sediments in the estuarine

             waters and function as an erosion control buffer in other areas. These root

             networks recycle nutrients and minerals from the anerobic soil substrate by

             returning them to the estuary as detritus from the mangrove leaves. This is
             the primary basis of the estuary's food chain and productivity (Heald and

             Odum, 1970). The mangrove canopy and root tangle also provide valuable
             habitat for many marine and estuarine organisms (Savage, 1972). The entire

             community also functions to buffer the uplands from storm tides and winds, and

             as a storage area for those waters.

             The mangrove community types and various locations indicate that they can

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

             induced disturbances. The natural disturbances can come from freezing

                                                     26

               temperatures, hurricanes, new pass formations or a rise in sea level.

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

               threat to these communities.

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

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

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

               bulkhead placement and drainage canals, need much more study. The placement

               of extensive bulkheading along waterways has preempted mangrove growth in many

               areas.

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

               major task of this plan's management activities. The majority of the mangrove-

               communities in the preserves are already in public ownership by their location

               on sovereign lands (i.e., state park). The policies and practices of this

               management are addressed in Chapter V, Section B.

               Other vegetation associated with the mangrove communities include: salt grass

               (Distichlis spicata); black needlerush (Juncus roemerianus); spike rush

               (Eleocharis cellulosa); cordgrasses (Spartina spp); glass wort (Salicornia

               spp.); sea purslane (Sesuvium portulacastrum); salt wort (Batis maritima); and

               sea ox-eye (Borrichia frutescens).

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

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

               amphibians, reptiles, mammals and birds.

                                                         27

               2.   Freshwater Swamp Forest. These areas are restricted to the upper

               portions of the Northwest and North Forks of the Loxahatchee River. This

               community is dominated by cypress, water oak, maple, ash and pond apple. The

               movement of the salt wedge up the Northwest Fork has caused this community to

               be stressed and in some cases replaced by mangroves. These areas also had

               cypress cut during the 1940's (Alexander, et. al., 1975). This community is

               an important transitional area between the freshwater and estuary environ-

               ments. These are also important to the wilderness designation of the upper

               Northwest Fork. This community offers valuable species habitat and diversity

               to the preserve. Table 1 lists the vegetation commonly found in this

               community.

               3.   Marine Grassbeds. Marine grasses are submerged flowering plants which

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

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

               grounds, and are important direct food sources (Odum, 1974; Wood et al.,
               1969). The grassbeds are very productive, possibly the most productive

               habitat within the estuary. These beds serve as a food source for the

               endangered manatee (Trichechus manatus), important nursery areas for juvenile

               forms of shellfish, and as substrate for many algal species fed by

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

               important fishes spend at least part of their life in these grassbeds (Zieman,

               1982).

               The most common and dominant marine grass found in the Loxahatchee River-Lake

               Worth Creek area is Cuban shoal grass (Halodule wrightii). The extensive

                                                    28

                                                            TABLE I

                                             PLANT LIST FOR THE FRESHWATER SWAMP

                                Psilotum nudum                                   whisk fern
                                Ophioglossum palmatum                            hand fern
                                Osmunda regalis                                  royal fern
                                Vittaria lineata                                 shoestring fern
                                Polypodium polypodioides                         resurrection fern
                                Phlebodium aureum                                golden polybody
                                Nephrolepsis exaltata                            Boston fern
                                Acrostichum danaeaefolium                        leather fern
                                Blechnum serrulatum                              swamp fern
                                Woodwardia virginica                             chain fern
                                Thelyteris palustris                             wood fern
                                Thelypteris interrupta                           wood fern
                                Panicum Joorii
                                Cladium jamaicensis                              sawgrass
                                Serenoa repens                                   saw palmetto
                                Sabal palmetto                                   sabal palm
                                Peltandra virginica                              arrow arum
                                Colocasia esculentum                             taro
                                Tillandsia usneoides                             Spanish moss
                                Tillandsia recurvata                             ball moss
                                Tillandsia fasciculata                           air pine
                                Tillandsia setacea                               needle leaf air pine
                                Tillandsia utriculata                            giant air pine
                                Smilax bona-nox                                  greenbrier
                                Smilax laurifolia                                bamboo vine
                                Crinum americanum                                string lily
                                Encyclia tampensis                               butterfly orchid
                                Saururus cernuus                                 lizard's tail
                                Salix caroliniana                                willow
                                Myrica cerifera                                  wax myrtle
                                Carya aquatica                                   water hickory
                                Quercus laurifolia                               laurel oak
                                Quercus nigra                                    water oak
                                Ficus aurea                                      strangler fig
                                Morus rubra                                      mulberry
                                Magnolia virginiana                              swamp bay
                                Annona glabra                                    pond apple
                                Dioscorea bulbifera                              yam vine
                                Eyrthrina herbacea                               coral bean
                                Bursera simaruba                                 gumbo limgo
                                Schinus terebinthifoliusa                        Brazilian pepper
                                Toxicodendron radicans                           poison ivy
                                Ilex cassine                                     dahoon holly
                                Acer rubrum                                      maple
                                Vitis rotundifolia                               grape
                                Vitis shuttleworthii                             calusa grape

                                                                 29

             Table 1 (Continued)
             FRESHWATER PLANT LIST (Continued)

                          Urena lobata                               caesar weed
                          7iFF I @ uajava                            guava
                          Ludwigia peruviana                         primrose willow
                          Cornus foemina                             stiff cornel dogwood
                          Myrsine guianensis                         myrsine
                          Fraxinus caroliniana                       water ash
                          Callicarpa americana                       beauty berry
                          Bacopa monnieri                            water hyssop
                          Cephalanthus occidentalis                  button bush
                          Psychotria undata                          wild coffee
                          Psychotri-a-@q-lzneri                      wild coffee

             Source: Alexander et al., 1975

                                                       3-0

              grassbeds of the central embayment are in shoal grass. It also grows along

              the shorelines into the forks. Other marine grasses found in this area
              include turtle grass (Thallassia testudinum), manatee grass (Syringodium

              filiforme) and the Halophila sp (McPherson et. al., 1982). In areas of low

              salinity, widgeon grass (Ruppia maritima) may be found. For a detailed map-

              ping of marine grassbeds refer to Vegetation and Land Use Maps in Appendix D.

              The more dense areas of grassbeds in the estuarine complex are usually in

              shallow water with a fairly constant salinity. These shallow areas are prime

              fish habitat and vulnerable to damage by boating activities. The marine

              grassbeds are sensitive to turbidity and, as a result are vulnerable to

              dredging activities.

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

              indicator in measuring the natural condition of the aquatic preserve.

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

              administrative review of use proposals (See Appendix D, DOT Mapping Codes

              901-904).

              Approximately 66 specie5 of algae which grow on marine grasses have been

              reported along the west coast of Florida (Ballantine and Humm, 1975). The

              invertebrate fauna associated with these grassbeds can be rich and diverse,

              depending on the specific area. There is a need for more ddta on the animal

              life associated with marine grassbeds.

              4.   Tidal Flats. These areas in the estuarine complex describe a wide
                                                                                   I
              variety of habitat in the complex that may have sporadic vegetation from the

                                                    31

                 previous three communities or no vegetation (vasculas) at all. There is

                 extensive algal growth in these areas. The tidal flats are used primarily by

                 shore and wading birds as feeding and loafing areas (Barnett et al., 1980).

                 These areas are also valuable for invertebrates, including crabs, oysters, and

                 WOMS.

                 These areas, consisting of estuarine beaches, areas waterward of the

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

                 estuary in as much as they contribute to the algal production. The mollusk,

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

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

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

                 in the estuarine complex. The role of these various tidal flat areas is not

                 fully understood but it is known that they are important habitats.

                 5. Oyster Bars. The shallow nature of central embayment allows the oyster

                 community to be an important link in the estuary's food web as well as a

                 substrate. The oysters' place in the food web is by their conversion of

                 plankton, detritus and possibly dissolved organics into animal protein, which

                 is then available to higher levels through predation (Tabb et al., 1974). The

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

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

                 estuary. The oysters and the associated animals are utilized by other animals

                 which feed on or around the oyster bars. There have been reports of as many

                 as 31 species of invertebrate organisms found on oyster bars in areas of the

                                                      32

                 Gulf Coast (Lehman 1974). Sports fish found around the perimeter of oyster

                 bars include gray snapper, snook, sea trout, redfish and sheepshead (Tabb et

                 al., 1974).

                 6. Deep Water Areas. These areas within the Loxahatchee River area include:

                 channels, rivers, creeks, and other deep water areas. These areas are

                 important to the estuary's tidal exchange. They are critical to tidal

                 flushing and are necessary for a healthy estuary. The deeper waters also

                 allow predator fish and birds access to the bay. The bottle-nosed dolphin and

                 manatee are important mammals potentially found in these areas.

                 7.   Animal Life. The animal life in and associated with the Loxahatchee

                 River area is historically.as diverse as the vegetation of the area. However,

                 with the encroachment of human activities suitable habitat for many of those

                 species no longer exists. The upper Northwest Fork wilderness area is the

                 only major portion of the preserve that can approach the historic natural

                 condition. The remainder of the preserve area, with the human modifications,

                 offers only the aquatic environment for wildlife use.

                 The fisheries of the Loxahatchee River estuary are a major reason for its

                 designation as an aquatic preserve. The estuary serves both as a valuable

                 recreational fishing and as a nursery area for fish commercially caught in the

                 Atlantic Ocean. Other species not directly important to commercial fishing

                 but necessary to its ultimate food chain also depend on this estuary. The

                 estuary area within the more natural forks also provide a refuge for species

                 visiting this area during migrations, daily feeding and times of environmental

                                                       3,3

             stress (i.e., drought, storms, development activities). These visiting

             species include the manatee and many bird species.

             Table 2 represents those animal species that are found within the preserve's

             boundary during usual circumstances. Fresh and saltwater fish species and

             other animal species lists and information can be found in Appendix C.

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

             vegetation and habitats, and waterbodies in the Loxahatchee River-Lake Worth

             Creek area has resulted in the survival of many endangered animals and

             vegetation species. The Loxahatchee River has also been established as a

             manatee sanctuary. The vegetation species found in Table 3 are from the

             official State of Florida Plant List (Section 581.185, F.S.). The animal

             species in Table 4 are from the official lists as designated by the Florida

             Game and Fresh Water Fish Commission.

             C.   Archaeological and Historical Sites

             The Loxahatchee River area has a long history of Indian activity. There were

             two Indian middens located near the present Jupiter Inlet and another site

             located within Jonathan Dickinson State Park. There is also an Indian mound

             located on the upper reach of the Northwest Fork (U.S.Department of the

             Interior, 1982).

             The Loxahatchee River area was the site of a major battle during the second

             Seminole War. General Thomas Jesup lead 1,200 men into battle against the

             Seminoles along the Loxahatchee River near the present Indiantown Road. After

                                                      34

                                                     TABLE 2

                      ANIMAL SPECIES FOUND WITHIN THE LOXAHATCHEE RIVER-LAKE WORTH CREEK

                                                 AQUATIC PRESERVE

                REPTILES

                             Alligator mississippiensis                 American alligator
                             Chelydra serpentina                        Snapping turtle
                             Kinosternon bauri                          Striped mud turtle
                             Chrysemys nelsoni                          Florida red-bellied turtle
                             Nerodia fasciata                           Florida water snake
                             Thamnoj@h_is -sauritus                     Peninsula ribbon snake
                             Storeria dekayi                            Florida brown snake
                             Opheodrys aestivus                         Rough green snake
                             Drymarchon corais.                         Eastern indigo snake
                             _ET-ap-h-e                                 Rat snakes
                             Lompropeltis spp.                          King snakes
                             Micrurus fulvius                           Eastern coral snake
                             Agkistrodon piscivorus                     Florida cottonmouth

                BIRDS

                             Anhinga anhinga                            Anhinga
                             Ardea Herodias                             Great blue heron
                             Casmerodius albus                          Great egret
                             Bulbuleus ibis                             Cattle egret
                              gretta tricolor                           Louisiana heron
                             Egretta coerulea                           Little blue heron
                             Butorides striatus                         Green heron
                             Eudocimus albus                            White ibis
                             Cathartes aura                             Turkey vulture
                             Coragyps atratus                           Black vulture
                             Butco jamaicensis                          Red-tailed hawk
                             Butco lineatus                             Red-shouldered hawk
                             Circus cyaneus                             Marsh hawk
                             Pandion     etus                           Osprey
                             Falco sparverius                           American kestrel
                             '5_1linola chloropus                       Common gallinule
                             Fulica americana                           American coot
                             Coccyzus americanus                        Yellow-billed cuckoo
                             Strix varia                                Barred owl
                             Megaceryle alcyon                          Belted kingfisher
                             Dryocopus pileatus                         Pileated woodpecker
                             Iridoprocne bicolor                        Tr6e swallow
                             Cynocitta cristata                         Blue jay
                             Coryus brachyrhchynos                      Common crow

                                                          35

             Table 2 (Continued)

             BIRDS (continued)

                          Thryothorus ludovicianus                   Carolina wren
                          Mimus polyglottus                          Mockingbird
                          Dumetella carolinensis                     Catbird
                          Polioptila caerulea                        Blue-gray gnatcatcher
                          Virco griseus                              White-eyed vireo
                          Mniotilta varia                            Black-and-white warbler
                          Dendroica coronata                         Yellow-rumped warbler
                          Dendroica                                  Palm warbler
                          Geothlypis trichas                         Common yellowthroat
                          Parulidae  (many spp.)                     Warblers
                          Sturnella magna                            Eastern meadowlark
                          Agelaius pFo-eniceus                       Red-winged blackbird
                          Quiscalus major                            Boat-tailed grackle
                          Cardinalis cardinalis                      Cardinal

             MAMMALS

                          Didelphis marsupialis                      Opossum
                          VespertiTi_6ni -dae                        Bats
                          Dasypus novemcinctus                       Armadillo
                          Sylvilagus palustris                       Marsh rabbit
                          Sylvilagus floridanus                      Cottontail rabbit
                          Sciurus carolinensis                       Gray squirrel
                          Procyon lotor                              Raccoon
                          Lutra canadensis                           River otter
                          Lynx rufus                                 Bobcat
                          Sus scrofa                                 Feral pig

                                                       36

                                                         TABLE 3-

                                     THREATENED AND ENDANGERED PLANT SPECIES FOUND

                                      IN THE LOXAHATCHEE RIVER-LAKE WORTH CREEK

                                                    AQUATIC PRESERVE

                 ENDANGERED

                             Ophioglossum palmitum                       Hand fern

                 THREATENED

                             Psilotum nudum                              Wisk fern
                             Vittaria lineata                            Shoestring fern
                             Phlebodium aureum                           Golden polypody
                             Nephrolepis exaltata                        Boston fern
                             Acrostichum danaeaefolium                   Leather fern
                             Thelypteris palu tris                       Shield fern
                             Thelypteris interrupta                      Shield fern
                             Salvinia rotundifolia                       Water fern
                             Tillandsia fasciculata                      Air pine
                             Tillandsia utriculata                       Giant air pine
                             T117-andsia setacea                         Needle leaved air pine
                             Enyclia tampensis                           Butterfly orchid
                             Annona glabra                               Pond apple

                 Preservation of Native Flora of Florida Act
                 (Section 581.185, Florida Statutes)

                                                           37

                                                    TABLE 4

                                  THREATENED AND ENDANGERED ANIMAL SPECIES

                                  IN THE LOXAHATCHEE RIVER-LAKE WORTH CREEK

                                               AQUATIC PRESERVE

              ENDANGERED

                          Falco peregrinus                           Peregrine falcon
                          Mycteria americana                         Wood stork
                          Trichechus manatus  latirostris            Carribbean manatee

              THREATENED

                          Caracara cherwaX auduboni                  Audubon's caracara
                           rymarchon corals couperi                  Eastern indigo snake
                          Falco sparverius paulus                    Southeastern kestrel
                          Haliaectus leucocephalus                   Bald eagle

              SPECIES OF SPECIAL CONCERN

                          Alligator mississippiensis                 American alligator
                          Aramus guarauna pictus                     Limpkin
                          Florida caerulea                           Little blue heron
                          Hydranassa tricolor                        Louisiana heron
                          Leucophoyx thula                           Snowy egret

              Florida Game and Fresh Water Fish Commission
              Section 39-27.02-.05, Florida Administrative Code

                                                           39

                 this rather unsuccessful engagement a bridge was built on the Northwest Fork

                 and a fort built near Pennock Point and named Fort Jupiter. Nothing remains

                 of these structures. The Seminoles were removed from the area and shipped to

                 a reservation in Oklahoma.

                 The Jupiter Inlet lighthouse was completed in 1860. Large scale settlements

                 did not appear until the early 1900's (U.S. Department of the Interior, 1982).

                 D. Water Resources.

                 Water is the one resource whose characteristics most directly affect this

                 estuary's habitability and healthi-ness for the plants and animals naturally

                 adapted to living there.. The drainage basin of the majority of the

                 Loxahatchee River basin has been modified by agricultural drainage and

                 residential development. The upland drainage basin of the Loxahatchee River

                 has all three stages of historical development within its boundary. The upper

                 Northwest Fork is the closest approximation to the historical natural

                 condition. The agricultural  ,areas to the west and southwest were the first

                 stage of man's alterations. And the residential development surrounding the

                 main portion of the preserve the last stage of man's development. Each stage

                 has had its effect on the natural system. The C-18 system has replaced the

                 Southwest Fork with a major canal. The Northwest Fork has also been

                 profoundly affected by the C-18 system. The diversion of freshwater to that

                 canal system is a major cause of the movement of the saltwedge up the

                 Northwest Fork. The maintenance of the inlet and other dredge and fill

                 activities have also had their effect on the estuarine system.

                                                      .'--4 1

              The basic characteristics of the Loxahatchee River's water resources vary in

              response to daily, seasonal, and long term forces which are involved in the

              areas climate. Added to this are the artificial conditions of large releases

              of freshwater from the drainage canals and the water quality problems

              associated with agricultural and urban development. Some of the water quality

              problems identified to date include saltwater intrusion, high fecal coliform

              levels, and high levels of pesticides, nutrients and some trace metals (Area

              Planning Board of Palm Beach County, 1979 and McPherson, 1983).

              The combination of the extensive water quality monitoring and studies of the

              U. S. Geological Survey and the Department of Environmental Regulation, and

              water management studies by the South Florida Water Management District have

              the potential for the development of a comprehensive water management plan for'-

              the L-oxahatchee River System. The Treasure Coast Regional Planning Council

              has also developed wetlands protection policies that will be helpful in

              protecting the remaining floodplain of the Loxahatchee River System. More and

              more data is being gathered on this system filling data gaps, developing

              knowledge of how the system works, and how best to protect this system.

              E. Cultural.

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

              affects the aquatic preserve. The 1980 U.S. Census population for Martin

              County was 64,014 and Palm Beach County was 576,812. The 1982 populations for

              those counties respectively were 71,635 and 637,940. This represents a 11.9
              and 10.6 percent increase for these respective counties (Terhune, 1983). The

                                                        42

               change in population for Jupiter is 34.5 percent from 9,868 in 1980 to 13,274

               in 1982 and for Tequesta 3.9 percent change from 3,658 to 3,828 for the same

               period, Terhune (1983). This graphically indicates that the population

               increases with associated increased residential development in the immediate

               area are quite significant. The pressures on the Loxahatchee River system

               from this growth increases the potential for environmental degradation.

               The section of the preserve surrounding Tequesta has practically stabilized,

               with the majority of the shoreline in this area developed. The shoreline in

               the preserve within Jupiter has also been developed for the most part, though

               some of the areas along Lake Worth Creek have not been fully developed. The

               only section of the preserve that has not been affected by residential

               development is the upper reach of the preserve on the Northwest Fork. The

               Loxahatchee River-Lake Worth Creek Aquatic Preserve has undergone a great deal

               of development pressure. There are only a few areas remaining for new

               development. The river is presently indicating a tendency to increased water

               quality degradation. The future projected growth in the river's basin and

               along the remaining undeveloped shoreline will further stress the river's

               viability in the future,.

                                                          43

                                                   Chapter V

                                             RESOURCE MANAGEMENT

               A. Introduction

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

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

               generations (Section 258.35, FiS.). The Loxahatchee River-Lake Worth Creek

               Aquatic Preserve is designated as a wilderness and urban preserve and the

               management will be directed toward the maintenance and enhancement of the

               natural conditions. This part of the management plan addresses the policies

               and procedures which both onsite and administrative personnel will pursue.

               The onsite management will involve Department of Natural Resources' field

               personnel assigned to the aquatic preserve. The administrative management

               will involve Division of Recreation and Parks personnel (both in@the field and

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

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

               surrounding the preserve. The primary field personnel will be from the

               Florida Park Service. Secondary field support will come from the Division of

               Marine Resources and the Bureau of Environmental Land Management personnel

               when available. These personnel will be interacting with various government

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

               B. Onsite Management Objectives

               The onsite management objectives are reflected by the activities that the

                                                          45

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

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

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

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

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

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

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

             generally be involved in all management activities concerning the Loxahatchee

             River System.

             1. Plant Communities

                                                                                                   4
             The communities of aquatic and wetland plants within the Preserve perform five-

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

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

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

                      act in concert to both erode and deposit;

                                    i

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

                      organic material that fuels the estuarine food web which

                      supports the area's fisheries, endangered species, migratory

                      waterfowl, colonial waterbird nesting colonies, raptors, marine

                      mammals, and marine and estuarine invertebrates;

                  c. they provide protected fisheries habitat for spawning and

                      juvenile development;

                                                     46

                      d. they provide roosting and nesting habitat for waterbirds;

                          and,

                     e.   they physically buffer estuarine and riverine waters from

                          contaminated and channelized runoff from uplands within the

                          estuarine watershed and in some cases buffer the uplands from

                          storm waves and winds.

                 The management objectives for plant communities will be to maintain and

                 enhance these functions. Because these plant communities are critically

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

                 protection and restoration of those communities now damaged or destroyed by

                 human activities should be developed.

                 Managem nt Policy

                 a. Field Familiarization and Documentation. Field personnel will become

                 familiar with the plant species and communities present in the aquatic

                 preserve, and locations of their occurrences.

                 b. Literature Familiarization. Field personnel will assemble a working

                 library of existing pertinent literature concerning the species and

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

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

                 to water quality, contribution to landform stabilization, wildlife habitat

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

                                                      47

               plant communities within the aquatic preserve.

               C. Preparation of Guidelines for-Management of Endangered Species. Field

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

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

               threatened and endangered plant species within the aquatic preserve. A set of

               management guidelines for each species, outlining the habitat requirements and

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

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

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

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

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

               used to develop guide-lines to maintaining (or restoring if necessary) the

               "critical habitat" required by each species.

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

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

               the study and monitoring of plant communities and will use this remote sensing

               in conjunction with field observations to monitor and document natural changes

               such as:

                    1.  freeze damage to and recovery of mangrove communities:

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

                        hurricanes;

                    3.  accretion-related seaward extension of mangrove communities;

                    4.  erosion-related landward retraction of mangrove communities;

                                                    48

                       5. depositional burying of sea grass communities;

                       6.  invasions of exotic plant species and revegetation by native

                           species after exotic removal projects;

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

                       8.  stress and death of the cypress trees in the Northwest Fork.

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

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

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

                  activities and assess the possibility of restoring each of the sites according

                  to whether the site is publicly or privately owned, and the cost and effort

                  required.

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

                  communities from the various uses of sovereign lands within the aquatic

                  preserve according to the following guidelines.

                       1.  Field personnel in their biological reports shall not recommend

                           for approval any proposed use for sovereignty submerged lands

                           when the plant communities in the proposed use area appear to

                           be jeopardized.

                            i. Pruning of mangroves shall only be permitted for access

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

                                 destructive clearing of mangroves in sovereignty lands

                                 shall be strictly prohibited.

                                                         49

                         ii. Sea grass communities shall not be removed or shaded to

                              such an extent as to cause the death of a significant

                              area of the community or subjected to unacceptable

                              turbidity, decreased light penetration, propeller or net

                              damage.

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

                         submerged lands within the aquatic preserve by the Bureau

                         of Environmental Land Management central office. No applica-

                         tions will be approved within Class 1 and 2 Resource Protection

                         areas (see section 8(6) of this chapter) without a thorough

                         review by the field personnel. The field personnel will

                         inspect the site, assess the potential   impacts to the plant

                         communities, and then convey their recommendations to the

                         central office as required.

                     3. Field personnel will initiate various educational programs

                         and supplement existing educational programs designed to

                         increase public awareness of the damage recreational, private

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

                         seagrass communities.

                     4.  Field personnel will develop an exotic plant control and

                         remova 1 plan after monitoring the rate and extent of invasion

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

                         melaleuca.

                                                      50

                       5. In cooperation with the Treasure Coast Regional Planning

                           Council, field personnel will familiarize themselves with the

                           results of a study under the Coastal Energy Impact Program, in

                           assessing the potential impacts of an oil tanker spill or

                           drilling rig accident on the natural resources of the Loxahat-

                           chee River system.

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

                  professionals in the wetlands restoration/revegetation field to determine the

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

                  restore damaged grassbeds. They will develop guidelines for restoring marine

                  grassbeds in the aquatic preserve.

                  Field personnel will identify easily accessible mangrove communities within

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

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

                  will consult with professionals in the wetlands restoration/revegetation field

                  concerning proven procedures for transplanting and nurturing mangroves, and

                  will develop guidelines in restoring mangrove communities in the aquatic

                  preserve.

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

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

                  will be responsible for monitoring the restoration activity. This might

                  include advising the individuals involved in the actual restoration work on

                  the best techniques under the available restoration guidelines. The field

                  personnel will monitor the success of the restoration project after the work

                  is completed.
                                                         Zi

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

              needs concerning plant communities within the aquatic preserve with special

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

              personnel to manage plant communities under environmental stress, and to

              determine threshold tolerances for plant community health and diversity in

              relation to degraded environmental conditions.

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

              with research projects being conducted within the aquatic preserve by state

              and federal agency biologists and-non-government researchers. This familiari-
              zation should lead to a better understanding of both other agencies' personnel

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

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

              2. ANIMAL LIFE

              The richness of the animal life of the Loxahatchee River,-Lake Worth Creek area

              is important to the des,ignation of the aquatic preserve. The fish, shrimp,

              and crabs within the aquatic preserve, both in the estuary and offshore, are

              valuable resources on which recreational and commercial fisheries depend.

              Large areas of undisturbed wetlands are excellent habitat for many types of

              wildlife. These wildlife include an extensive list of endangered species,

              migratory waterfowl, colonial waterbird nesting invertebrates and vertebrates.

                                                        52

                 Management objective for animal life within the aquatic preserve will be the

                 protection through preservation of their habitats and living conditions in the

                 most natural condition possible.

                 MANAGEMENT POLICY

                 a. Field Familiarization and Documentation. Field personnel will become

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

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

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

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

                 and occurrence in the aquatic preserve.

                 b. Literature Familiarization. The field personnel will assemble a working

                 library of existing literature concerning the major animal species and

                 communities within the aquatic preserve. The field personnel will become

                 familiar with life histories, ecological requirements, position in the

                 community, habitat and other factors necessary to their management.

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

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

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

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

                 Resources, National Marine Fisheries Service and any other applicable agencies

                 and non-government organizations involved in the management of endangered

                 species. These guidelines will be used in conjunction with the field

                                                       53

                familiarization, documentation, and mapping to develop management guidelines

                for each endangered species within the aquatic preserve. Special guidelines

                shall be developed and implemented for the management of areas within the

                aquatic preserve that are identified as critical habitat for endangered

                species.

                d. Monitoring of Animal Species for Changes Due to Natural Causes.

                Field personnel will study and monitor changes in animal species that are

                caused by natural phenomena, such as:

                            i. freezes;

                           ii.  storms and hurricanes;

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

                           iv.  geologic or hydrologic changes including erosion,

                                estuarine current flow changes, and any        other physical

                                changes.

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

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

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

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

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

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

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

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

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

                                                            54

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

                relate to the well being of animal life and be involved in planning the

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

                f. Identification of Research Needs. The field personne  1 in the course of

                their duties shall identify research needs required to improve the management

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

                fully described in Chapter XII (Identified Program Need). Data/Information

                Needs.

                3. GEOLOGIC FEATURES

                The management of geologic features will require the field personnel being

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

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

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

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

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

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

                mants influence or interference. Active management in this area shall include

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

                aquatic preserve. The majority of these reviews will probably concern

                bulkheads as they might affect state-owned lands. The objective in the

                placement of bulkheads on lands upland of the aquatic preserve shall be that

                the natural contour and drainage be altered to the least amount practicable.

                The use of rip rap with mangrove or other suitable native plantings would be

                                                         55

               preferable to bulkheads within the preserve.  Bulkheads are not allowed within
               the preserve, except as stated in Sections 258.42(2), and 258.44 F.S. and in

               accordance with the management objectives of the preserve.

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

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

               management district, and.shall formally review and comment on any permit

               application that impacts the aquatic preserve. These projects shall be

               reviewed jointly with those agencies' personnel whenever possible. Channel

               maintenance, jetty placement, drainage canal structures and the opening of

               passes are examples of such projects. The field personnel will review these

               projects on behalf of the aquatic preserve and its resources.

               4. ARCHAEOLOGICAL AND HISTORICAL SITES

               Archaeological and historical sites have several characteristics which must be

               recognized in a resource management program.

                         i. They are a finite and non-renewable resource.
                                     4

                        ii. Each site is unique because individually it represents the

                             tangible remains of events which occurred at a specific time and

                             place.

                       iii. While these sites uniquely reflect localized events, these

                             events and the origin of particular sites are related to

                                                     56

                               conditions and events in other times and places. They also

                               preserve traces of past biotic communities, climate, and other

                               elements of the environment that may be of interest to other

                               scientific disciplines.

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

                               because their significance is derived not only from the

                               individual artifacts within them, but especially from the

                               spatial arrangement of those artifacts in both horizontal and

                               vertical planes.

                 a. Administering Agency. The management of the archaeological and historical

                 sites is authorized and administered by the Division of Archives-, History and
                 Records Management (DHARM) in the Florida Department of State. The management
                 authority for this area of management is presented in Chapter II (Management

                 Authority).

                            I

                 B. Management Policy. The management policy presented here is one of

                 conservation, recommended by the Division of Archives, History and Records

                 Management, and subject to that agency's changes. Their policy is as follows:

                      1. The field personnel and all other agencies planning activities

                           within the aquatic preserve shall coordinate closely with DAHRM in

                           order to prevent any unauthorized disturbance of archaeological

                           and historical sites that may exist on the affected tract. DAHRM

                           is vested with the title to archaeological and historical resources

                                                       57

                      abandoned on state lands and is responsible for administration and

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

                      illegal to destroy or otherwise alter sites on state lands without a

                      permit from DAHRM (Section 267.13, F.S.). Therefore, agencies

                      planning activities should coordinate their plans with DAHRM at a

                      sufficiently early stage to preclude inadvertent damage or destruc-

                      tion to these resources.

                  2.  The nature of these sites' fragility and vulnerabi-lity to looting and

                      other destructive forces requires that the location of these sites

                      not be widely known if the location is known at all. In many

                      instances DAHRM will have knowledge of the known and expected site

                      distribution in an area. Special field surveys for unknown areas may--

                      be required by DAHRM to identify potential endangerment of a proposed

                      activity to these archaeological and historical sites. This will be

                      especially necessary in the case of activities contemplating ground

                      disturbance over large areas.

                  3.  In the case of,known sites, activities that are expected to alter or

                      damage these sites shall alter their management or development plans

                      as necessary, or make special provisions so as not to disturb or

                      damage such sites prior to professionally acceptable and authorized

                      mitigation.

                  4. If in the course of a management activity, or as a result of

                      development or the permitting of dredge/fill activities, it is

                                                       58

                           determined that valuable historic or archaeological sites will be

                           damaged or destroyed, DAHRM reserves the right to require salvage

                           measures to mitigate the destructive impact of such activities on

                           such sites (Section 267.061(l)(b), F.S.). Such salvage measures

                           shall be accomplished before DAHRM would grant permission for site

                           destruction.

                       5.  Excavation of archaeological sites in the near future is discouraged.

                           Archaeological sites within the aquatic preserve should be left

                           undisturbed for the present, with particular attention devoted to

                           preventing site looting by "treasure hunters".

                       6.  Field personnel will note suspected sites for future surveys by

                           DAHRM. Cooperation with other agencies in this activity is also

                           encouraged by DAHRM. The DAHRM will help inform the field personnel

                           about the characteristics and appearance of these sites.

                       7.  Any discovery of instances of looting or unauthorized destruction of

                           these sites will be reported to the DAHRM so that appropriate action

                           may be initiated. The Florida Marine Patrol and other enforcement

                           personnel of DNR shall provide enforcement assistance to DAHRM and

                           make arrests or investigate cases of looting or other unauthorized

                           destruction of archaeological sites. The field personnel will follow

                           the above management policy and become familiar with the personnel

                           involved with this task in DAHRM and their procedures for identifying

                           suspected sites.

                                                       59

                        order to prevent any unauthorized disturbance of archaeological

                        and historical sites that may exist on the affected tract. DAHRM

                        is vested with the title to archaeological and historical resources

                        abandoned on state lands and is responsible for administration and

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

                        illegal to destroy or otherwise alter sites on state lands without a

                        permit from DAHRM (Section 267.13, F.S.). Therefore, agencies

                        planning activities should coordinate their plans with DAHRM at a

                        sufficiently early stage to preclude inadvertent damage or destruc-

                        tion to these resources.

                   2.   The nature of these sites' fragility and vulnerability to looting and

                        other destruction requires that the location of these sites not be

                        widely known if the location is known at all. In many instances

                        DAHRM will have knowledge of the known and expected site distribution

                        in an area. Special field surveys for unknown areas may be required

                        by DAHRM to identify potential endangerment of a proposed activity to

                        these archaeological and historical sites. This will be especially

                        necessary in,the case of activities contemplating ground disturbance
                        over large areas.

                   3.   In the case of known sites, activities that are expected to alter or

                        damage these sites shall alter their management or development plans

                        as necessary, or make special provisions so as not to disturb or

                        damage such sites prior to professionally acceptable and authorized

                        mitigation.

                                                    60

                      4. If in the course of a management activity, or as a result of

                          development or the permitting of dredge/fill activities,*it is

                          determined that valuable historic or archaeological sites will be

                          damaged or destroyed, DAHRM reserves the right to require salvage

                          measures to mitigate the destructive impact of such activities on

                          such sites (Section 267.061(l)(b), F.S.). Such salvage measures

                          shall be accomplished before DAHRM would grant permission for site

                          destruction.

                      5.  Excavation of archaeological sites in the near future is discouraged.

                          Archaeological sites within the aquatic preserve should be left

                          undisturbed for the present, with particular attention devoted to

                          preventing site looting by "treasure hunters".

                      6.  Field personnel will note suspected sites for future surveys by

                          DAHRM. Cooperation with other agencies in this activity is also

                          encouraged by DAHRM. The DAHRM will help inform the field personnel

                          about the characteristics and appearance of these sites.

                      7.  Any discovery of instances of looting or unauthorized destruction of

                          these sites will be reported to the DAHRM so that appropriate action

                          may be initiated. The Florida Marine Patrol and other enforcement

                          personnel of DNR shall provide enforcement assistance to DAHRM and

                          make arrests or investigate cases of looting or other unauthorized

                          destruction of archaeological sites. The field personnel will follow

                          the above management policy and become familiar with the personnel

                          involved with this task in DAHRM and their procedures for identifying
                          suspected sites.            61

               5. WATER RESOURCES

               Responsible management of water resources for the protection of human health

               and recreational enjoyment of aquatic preserve waters, as well as for the

               protection and enhancement of the preserves' plant and animal communities, is

               without a doubt the most critical aspect of aquatic preserve management.

               Research to understand how human activity can alter or detrimentally affect

               the dynamic characteristics of the preserve's various habitats can be

               approached confidently after monitoring data has been used to model the

               effects of naturally occurring variations on the same habitat. Only a single

               toxic substance may be necessary to initiate irreparable ecologically damaging

               changes in the water resources of the aquatic preserve since they function as

               one hydrologic system supporting a biologically interdependent estuarine

               ecosystem.

               Management Policy

               The successful management of the water resources of the aquatic preserve

               depends heavily on other government agencies (i.e., Department of Environ-

               mental Regulation and the Water Management District) charged with regulating

               water quality and quantity. The objective of the water resources management

               shall be to maintain the naturally high water quality and to ensure the

               natural seasonal fluctuations of fresh water into the estuary. Sources of

               data on water resources, other than from government agencies, are dependent on

               or may be found among colleges, universities, scientific foundations and

               private consultants working in the Loxahatchee River area. These various

                                                     62

                entities have interests at many different levels and areas within the riverine

                and estuarine system. The aquatic preserve management program will manage the

                water resources through coordination with these various entiti-es. The field

                personnel will not have the ability to do water sampling, but through the

                analysis of the data from these other entities and their own field observa-

                tions they will be able to identify water resource problems in the aquatic

                preserve.

                a. Familiarization with the Jurisdiction, Personnel, and Monitoring Programs

                of Government Agencies and Other Entities. Field personnel will become

                thoroughly familiar with the jurisdiction, personnel and monitoring programs

                of other agencies, institutions and corporations involved in studying,

                monitoring, regulating and managing water resources within the aquatic

                preserve and the drainage basins which provide fresh water to this preserve.

                The Loxahatchee River drainage basin flows directly into aquatic preserve

                waters. Those agencies known to be working or have potential activities

                affecting the preserve are listed below; others may be added as they are

                identified.

                     1. Florida Department of Environmental Regulation

                     2.  Palm Beach County Health Department

                     3.  South Florida Water Management District

                     4.  U. S. Geological Survey

                     5.  Treasure Coast Regional Planning Council

                     6.  Florida Department of Natural Resources Marine Research Laboratory

                     7.  University of Florida

                                                         63

                  8. Jupiter Inlet District

                  9. U. S. Environmental Protection Agency

                 10. Florida Power and Light Company

                 11. Florida Inland Navigation District

             b. Monitoring of Water Resources by Cooperative Data Collection and Review.

             Field personnel will: 1. promote coordination among involved agencies in

             planning monitoring programs and in evaluating monitoring data; and 2. them-

             selves monitor water resources within the preserve by reviewing the data

             collected and compiled by those agencies as it applies to the aquatic preserve

             and its resources.

             C. Review of Permit and Lease Application for Aquatic Preserve Uses and

             Watershed Activities that would affect the Preserve Water Resources. Field

             personnel will review sovereign land lease applications, development of

             regional impact reviews, and DER/COE permit applications in cooperation with
             other agencies as necessary, and as outlined in Chapter V (C) for their

             potential impact on the water resources of the aquatic preserve.

             d. Familiarization with and Monitoring of Activities and Users which

             Regularly Contribute Pollutants to Preserve Waters. Field personnel will

             become familiar with the activities and users which regularly or potentially

             contribute pollutants to the waters of the aquatic preserve. This monitoring

             will be accomplished directly by field observations and indirectly by review

             of other entities' water resources data. Field personnel will encourage and

             coordinate with other agencies involved with water resources monitoring to

                                                     64

                 consider more detailed field monitoring in areas of the preserve where the

                 incidence of polluting activities is found to be high.

                 These activities will also be applicable to Chapter X (Scientific Research),

                 and the coordination through Chapter VI (Management Implementation Network).

                 The field personnel's onsite presence will be complemented by their reliance

                 on other agencies and entities for data and regulation. The field personnel

                 will have the ability to visually monitor water resource crisises and

                 phenomena as they occur and how they affect other resources.

                 6. CUMULATIVE IMPACT ANALYSIS

                 Cumulative Impacts are the sum total of major and minor changes or effects

                 upon a natural system. Taken singularly these effects may not constitute a

                 notable change in the condition of the natural system, but as these single

                 changes or uses accumulate, their combined impact may result in a substan-

                 tive environmental disturbance or degradation of the natural system.

                 The review of proposed uses in the aquatic preserve from the perspective of

                 cumulative impact analysis requires a thorough knowledge of the natural system

                 and the various interactions and dynamics within that system. This aquatic

                 preserve management program will immediately initiate development of a

                 cumulative impact analysis program. The evaluation of cumulative impacts

                 shall include the following criteria (Chapter 16Q-20 F.A.C.):

                      "a. the number and extent of similar human actions within

                           the preserve which have previously affected or are

                                                       65

                               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,

                          b.   the similar activities within the preserve which are

                               currently under consideration by the Department; and

                          c.   direct and indirect effects upon the preserve and

                               adjacent preserve, if applicable, which may reason-

                               ably be expected to result from the activity; and

                          d.   the extent to which the activity is consistent

                               with management plans for the preserve, when

                               developed; and

                          e. 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 government agencies.

                          f. the extent to which the loss of beneficial hydrologic

                               and biologic functions could adversely impact the quality

                               or utility of the preserve; and

                          g. the extent to which mitigation measures may compensate

                               for adverse impacts."

               The availability of onsite reserve staff who are familiar with the distinctive

               characteristics of this system, coupled with their ability to access LANDSAT

               imagery and mapping, and other data sources, is the key to development of a

                                                     66

                 successful cumulative impact analysis program. As cumulative impacts are

                 identified for specific areas and/or resources, they will become an integral

                 part of the project analysis and decision-making process.

                 7. MANAGEMENT OF ENCROACHMENTS

                 The management of encroachments in the preserve will concern the unauthorized

                 placement of structures or other illegal uses in the aquatic preserve. These

                 encroachments might also include illegal activities associated with an

                 approved use (e.g., extension of a dock, construction of boat houses, extend-

                 ing an approved channel).

                 The management policy for the field personnel, after identification of a

                 suspected illegal encroachment, will involve a reporting procedure and the

                 monitoring of the remedial action. After  a field identification of suspected

                 encroachments, field personnel will notify the central office to verify the

                 title of the property and research the possibility of the use being an

                 approved activity. Due to the extensive areas involved in the aquatic

                 preserve, this will be a progressive activity depending on the field per-

                 sonnel's eventual familiarization with the preserve and the approved uses.

                 The potential for unauthorized activities in such an extensive area may

                 possibly require some type of mapping and recording system to assist the field

                 personnel in their monitoring.

                 The management action for verified illegal encroachment will be developed by

                 the agencies specifically involved (i.e., Department of Natural Resources,

                                                       67

               Department of Environmental Regulation), the field personnel will assist in

               this proc ess, as necessary, with the field evaluation or other support

               activities. The final action will be monitored by the field personnel, at the

               direction of the Trustees to the central office. The procedures followed in

               these applications will be decided on a case by case basis.

               C. RESOURCE MAPPING AND RESOURCE PROTECTION AREAS

               The efficient description and location of resources within such a large area

               requires the use of remote sensing. The Department of Natural Resources (DNR)

               has contracted with the Department of Transportation (DOT) to produce

               digitized vegetation and land use maps for the entire area of the aquatic

               preserve. This work will.be done in conjunction with DNR's Marine Research

               Laboratory's Assessment of Fishery Habitat Loss Study in the Loxahatchee

               River/Lake Worth area. Until this work is completed the field and central

               office will use LANDSAT generated mapping data for the development of resource

               protection areas.

               The vegetation and land use mapping done in this study will become the basis

               for developing a Resource Protection Area management system in the Aquatic

               Preserve. This mapping system will identify and classify various resources

               within the aquatic preserve that require protection by the management program.

               This mapping system will also give acreage totals for each land use and

               vegetation classification in the preserve. The vegetation portion of the

               mapping will be augmented over time by wildlife and fisheries information

               (endangered species, bird rookeries, etc.), archaeological and historical site

                                                    68

               information and other resource factors deemed crucial to the continued health

               and viability of the aquatic preserve.

               The DOT vegetation and land use map for this area will be available in the

               fall of 1984. The onsite managers will supplement this mapping with the above

               information to develop a Resource Protection Area (RPA) mapping program. RPA

               mapping system is based on three levels of resource classification. The Class

               1 level will contain resources of the highest quality. Uses proposed for

               these areas will receive the most rigorous review. The Class I level will

               include the following: marine grassbeds; mangrove swamp; freshwater swamp;

               saltwater marsh; oyster bars; archaeological and historical sites (upland and

               submerged); endangered species habitat; colonial waterbird nesting sites; and

               other appropriate factors.

               The class 2 areas will be defined as those areas containing the resources of

               Class 1, but in a transitional condition compared to Class 1. These resources

               will either be building toward Class 1 status or declining to Class 3 status.

               Class 2 areas will require careful field review as to the specific area's

               sensitivity to each proposed use. In some respects, these areas may be as

               sensitive or more so to disturbances as Class 1 areas. The resources of Class

               2 will include: marine grassbeds; mangroves in scrub condition or colonizing

               new lands; freshwater swamp; saltwater marsh colonizing new lands; and other

               resources of Class 1 type that fit in the Class 2 condition.

               Class 3 areas will be characterized by the general absence of the attributes

               of the above two classes. Class 3 areas may have small localized Class 1 or 2

                                                        69

             areas within them. Class 3 will generally have deep water areas or areas with

             no significant vegetation or wildlife attributes. Nearshore and bottom areas

             significantly modified by man will be designated Class 3.

             These RPA maps will require periodic revisions as the onsite managers learn

             more about the resource's reactions to man's uses. Scientific research and

             other data additions may also require modification of this system. Natural

             changes will also require modification of this classification system.

             Periodic checking by LANDSAT satellite imagery will become useful for remote

             sensing monitoring as its use is more fully developed.

             The RPA maps will become a planning tool for both onsite and central office

             staff. More detailed field review will still be required to supplement this

             information on a case by case basis, as necessary.

             The initial development, as well as periodic review, will require the support

             and assistance of the many other resource regulating and management agencies,

             as well as local and regional government entities. Support will also be
             required of the college,s, universities, foundations and other interest groups

             and individuals.

             The RPA mapping will use the USGS 7.5 minute quadrangle map format for

             vegetation and these maps, after public notice and opportunity for public

             review and comment, will be attached to the aquatic preserve management plan

             in Appendix D. It is recognized that mapping at this scale may not adequately

             define small areas which do not qualify for the RPA class level assigned to a

             general area.

                                                      70

                  D. ADMINISTRATIVE MANAGEMENT OBJECTIVES

                  This section of the chapter addresses the role of the Division of Recreation

                  and Parks, Bureau of Environmental Land Management's central office, in the

                  aquatic preserve management planning and implementation process. The central

                  office's role is generally interpreted within the context of coordinating

                  activities with the field personnel. This coordination linkage is important

                  to many program aspects, including project review and evaluation, local

                  contact initiation, administrative rule development, contractual services and

                  conflict resolution, not to mention the routine support (payroll, operating

                  expenses, etc.) usually extended by the central office to the onsite managers.

                  All program activities identified within this context are designed to protect

                  and enhance the environmental, educational, scientific, and aesthetic

                  qualities of the natural systems of the aquatic preserve.

                  1. Objectives

                  Specifically, the following administrative objectives are an essential part of

                  the aquatic preserve management program.

                  a.  To ensure a comprehensive, coordinated review and evaluation of proposed

                      activities potentially affecting the environmental integrity of the

                      aquatic preserve.

                  b.  To serve as the link between aquatic preserve field personnel and state

                      agencies and programs which originate in Tallahassee.

                  c.  To serve as the primary staff in the development of administrative rule

                      additions, deletions, and revisions.

                                                        71

               d. To serve as the administrative staff for contractual agreements and

                   services.

               e.  To establish and maintain a conflict resolution process.

               f.  To review all existing and past activities as to their affect on the

                   environmental integrity of the aquatic preserve.

               2. Project Review and Evaluation

               A major element in the administration of an aquatic preserve management system

               is the establishment of a thorough project review process. It is the program

               intent that the central office staff review all proposed activities requiring

               the use of state-owned lands within the preserve.

               Sections 258.42 through 258.44, F.S.,  estab-lish the legal context within which

               all proposed uses of the aquatic preserve must be evaluated.

               Essentially, these sections require that projects be basically water dependent

               or water-enhanced, not contrary to the lawful and traditional uses of the

               preserve, and not infringe upon the traditional riparian rights of the upland

               property owner.

               The primary mechanism through which proposed uses are reviewed is accomplished

               by participation in the state lands management process as established by

               Chapter 253, F.S., and modified by Chapter 258, F.S. The central office has

               been administratively designated, on October 4, 1982, as an agent of the

               Governor and Cabinet, sitting as the Board of Trustees of the Internal

                                                     72

               Improvement Trust Fund, for the purposes of evaluating the environmental

               consequences of all proposed uses of state-owned lands within aquatic

               preserves. These proposed uses range from private single-family docks and

               navigation buoys to large commercial marinas.

               In conducting the environmental evaluations, the central office staff will

               rely heavily upon the most current, readily available data such as Department

               of Transportation mapping, LANDSAT imagery, Department of Environmental

               Regulation biological reports, and other data resources (see Appendices C

               and D. If a proposed activity is legally consistent with the maintenance

               criteria outlined in Section 258.42 F.S.. and Chapter 16Q-20, F.A.C., and is

               generally of negligible environmental concern, then the project review will

               likely be conducted in its entirety by the central office staff, utilizing the.

               generalized environmental data.

               The field personnel will be requested to conduct a more detailed environmental

               assessment of the project if the central office staff, during the course of

               the preliminary application review, determines that the requested use of

               state-owned lands may have a @ignificant effect upon the environmental

               integrity of the preserve. Copies of all applications received will be

               provided to the field personnel for project monitoring and assessment of the

               possible cumulative impacts.

               Field personnel will be encouraged to establish direct communication links

               with the various regulatory and management agencies for purposes of obtaining

               advance notification of projects potentially affecting the preserve. All

                                                        73

             environmental review and assessments, however, will be channeled through the

             central office unless other arrangements have been previously cleared with the

             central office.

             While the State Lands Management authorized by Chapters 253 and 258, F.S. and

             Chapters 16Q-20 and 16Q-21, F.A.C. is expected to be the primary management

             implementation vehicle for the  aquatic preserve, it is by no means the only

             vehicle. Section 253.77, F.S. and the December, 1982 Memorandum of Under-

             standing between the U.S. Army Corps of Engineers, Department of Environmental

             Regulation and Department of Natural Resources provide direct access to the

             permitting process of the Department of Environmental Regulation for the

             Department of Natural Resources. The D.R.I. and other regional or state level

             review processes represent other implementation mechanisms. The basic review

             approach and the evaluation relationship between the field personnel and the

             central office staff will be the same as the case involving the State Lands

             Management program.

             One aspect of the aquatic preserve review and evaluation program is the

             identification of proposed activities that are either generally or specifi-

             cally prohibited. Immediately upon.review of such project applications, the

             central office staff will notify the Division of State Lands (or other program

             managers) that the proposed activity is legally unapprovable for the stated

             reasons. For those proposals which are subject to denial due to their adverse

             environmental impacts, even though the activity may be permissible, Chapter

             258,F.S., specifically provides that:

                   "(1) No further sale, lease or transfer of sovereignty submerged

                                                   74

                            lands shall be approved or consummated by the Trustees except

                            when such sale, lease, or transfer is in the public interest.

                       (2)  The trustees shall not approve the waterward relocation or setting

                            of bulkhead lines waterward of the line of mean high water within

                            the preserve except when public road and bridge construction

                            projects have no reasonable alternative and it is shown to be

                            not contrary to the public interest.

                       (3) (a) No further dredging or filling of submerged lands shall

                                 be approved by the Trustees except the following activities

                                 may be authorized pursuant to a permit:

                             1.  Such minimum dredging and spoiling as may be authorized for

                                 public navigation projects.

                             2.  Such minimum dredging and spoiling as may be authorized for

                                 creation and maintenance of marinas, piers, and docks and

                                 their attendant navigation channels.

                             3.  Such other alteration of physical conditions as may, in the

                                 opinion of the Trustees, be necessary to enhance the quality

                                 or utility of the preserve or the public health generally.

                             4.  Such other maintenance dredging as may be required for

                                 existing navigation channels.

                             5.  Such restoration of land as authorized by S. 253.124(8).

                             6.  Such reasonable improvements as may be necessary for public

                                 utility installation or expansion.

                                                      75

                             7. Installation and maintenance of oil and gas transportation

                                  facilities, provided such facilities are properly marked

                                  with marine aids to navigation as prescribed by federal law.

                            (b)   There shall, in no case, be any dredging seaward of a

                                  bulkhead line for the sole or primary purpose of providing

                                  fill for any area landward of a bulkhead line.

                            (c)   There shall be no drilling of gas or oil wells. However,

                                  this will not prohibit the state from leasing the oil and

                                  gas rights and permitting drilling from outside the

                                  preserve to explore for oil and gas if approved by the

                                  board.

                            (d)   There shall be no excavation of minerals, except the

                                  dredging of dead oyster shells as approved by the

                                  Department of Natural Resources.

                            (e) There shall be no erection of structures within the

                                  preserve except:

                                       1. Private docks for reasonable ingress or egress of

                                          riparian owners;

                                       2. Commercial docking facilities shown to be consistent

                                          with the use or management criteria of the preserve;

                                          and

                                       3. Structures for shore protection, approved navigational

                                          aids, or public utility crossings authorized under

                                          subsection (3)(a).
                            (f) No wastes or effluents shall be discharged into the

                                  preserve which substantially inhibit the accomplishment

                                                         76

                                 of the purposes of this act.

                            (g) No nonpermitted wastes or effluents shall be directly

                                 discharged into the preserve which substantially

                                 inhibit the accomplishment of the purposes of this act."

                 Generally, applicants desirous of appealing staff recommendations will have to

                 follow those appellate procedures outlined in the appropriate authorizing

                 statutes. In t he case of applications requesting the use of state-owned

                 lands, three appellate procedures are available to the applicant.

                 Depending upon the type of application submitted, an applicant may:

                 a. Ask the Governor and Cabinet to overturn an application decision

                     rendered by the Executive Director of Department of Natural Resources

                     (or his designee) under a delegation of authority,-

                 b.  Request an Administrative Hearing under the procedures outlined in

                     Chapter 120, F.S.; or

                 C.  Appeal the action of the Board of Trus tees of the Internal Improvement

                     Trust Fund to the District Court of Appeals.

                 3. Liaison Between Field Personnel and Other Interested Parties

                 One of the most important aspects of the field personnel's job is to establish

                 a mutually beneficial communication link with pertinent interest groups. The

                 central office staff will assist in initially identifying and contacting

                 governmental bodies, special interest groups and interested individuals

                 requiring aquatic preserve program coordination.

                                                     77

                When requested by the onsite managers, the central office staff will assist

                in arranging for specialized management expertise not generally available

                locally. This may include, for example, such things as arranging for

                Archives, History and Records Management to conduct a detailed cultural

                resource assessment for certain areas of the the preserve.

                                                     78

                                                 CHAPTER VI

                                     MANAGEMENT IMPLEMENTATION NETWORK

                 This chapter of the management plan will address the various

                 relationships of aquatic preserve management to the different government

                 agencies and programs, and non-government entities, interest groups, and

                 individuals within the aquatic preserve area. The activities of both field

                 personnel and central office staff as they relate to these other organizations

                 will be presented.

                 A.  FEDERAL

                 Many federal agencies have property.interests, land and wildlife management

                 programs, research activities, construction activities, and regulation

                 programs existing or potentially existing within the aquatic preserves. The

                 objective of the aquatic preserve management program will be to complement the

                 various activities wherever possible. The field personnel will assist those

                 federal agencies in areas where they have common goals. The field personnel

                 and central office staff will also review the federal activities as to their

                 effect on the objectives of the aquatic preserve management. This review

                 shall be coordinated through the Department of Environmental Regulation,

                 Office of Coastal Management for the purposes of enforcing the provisions of

                 the Federal Coastal Zone Management Act of 1972, as amended.

                                                     19

               1. United States Fish and wildlife Service. The aquatic preserve program

               will be involved in the review of proposed preserve uses in conjunction with

               the Fish and Wildlife's Division of Ecological Services. This division

               reviews dredge and fill requests and other federal level permitting under the

               Fish and Wildlife Coordination Act.

               Another management program in which the field personnel could possibly

               interact with the Fish and Wildlife Service is the protection and recovery of

               endangered species and bird rookeries within the aquatic preserve. Field

               personnel will become involved in using available recovery techniques for this

               purpose.

               2. U.S. Army Corps of Engineers. The U.S. Corps of Engineers (COE) is

               charged with providing technical guida-nce -and planning assistance for the

               Nation's water resources development. The COE also provides supervision and

               direction to many engineering works such as harbors, waterways and many other

               types of structures. Their major responsibility, as it applies to the aquatic

               preserve, is the protection of navigable waters, pollution abatement and

               maintaining water quality and the enhancement of fish and wildlife.

               The COE activities in the Loxahatchee River/Lake Worth Creek Aquatic Preserve

               include their involvement with the Florida Department of Environmental

               Regulation in the dredge and fill permitting process, technical oversight of

               channel and canal maintenance, and evaluating requests for new channels,

               canals and other such public works projects. The field personnel will become

               familiar with the various programs, policies and procedures as they apply to

               the aquatic preserve. The field personnel and central office staff will also

                                                     80

                  review activities proposed by the COE for conformance to the objectives of

                  aquatic preserves management plan. This involvement should begin in the early

                  stages of project planning in order to facilitate the best protection of the

                  aquatic preserve possible.

                  3. U.S. Geological Survey. The U.S. Geological Survey (USGS) under the

                  Department of the Interior, has the responsibility to perform surveys,

                  investigations, and research pertaining to topography, geology, and the

                  mineral and water resources of the United States. USGS also publishes and

                  disseminates data relative to those preceding activities. In the past the

                  USGS has conducted many studies on various resources in the region.

                  The field personnel and central office staff will become familiar with these

                  studies and the data results as they apply to their management-activities.

                  4. U.S. Environmental Protection Agency. The U.S. Environmental Protection

                  Agency (EPA), in cooperation with state and local governments, is the federal

                  agency responsible for the control and abatement of environmental pollution.

                  The six areas of pollution within which the EPA is concerned are air, water,

                  solid waste, noise, radiation and toxic substances. The Florida Department of

                  Environmental Regulation (DER) is the state agency responsible for handling

                  most of these programs on a state level in lieu of a federal program. Within

                  the aquatic preserve, the field personnel will assist the EPA in planning

                  field activities in which they may be involved and where there are common

                  goals.

                                                       81

               5. U.S. Coast Guard. The U.S. Coast Guard is the federal agency involved in

               boating safety, including search and rescue when necessary. The Coast Guard

               is also charged with the permitting of structures which affect navigation and

               boating safety. These structures include bridges, causeways, aerial utilities

               and other structures which may be in conflict with navigational uses. The

               field personnel, in conjunction with the central office staff, will also

               review projects which the Coast Guard may be evaluating for permits.

               6. National Marine Fisheries Service. The National Marine Fisheries Service

               (NMFS) under the U.S. Department of Commerce is active in the Loxahatchee area

               in recording commercial fish landings. The NMFS also has enforcement officers

               in the area checking for illegal fishery activities. The field personnel will

               work with these personnel whenever they have common goals within the aquatic

               preserve.

               B. STATE

               Many state agencies have programs which affect the resource or regulate

               activities within the aquatic preserve. There are also other programs within

               the Department of Natural Resources (DNR) that are within or affect the

               Loxahatchee River-Lake Worth Creek Aquatic Preserve. This section will

               describe the interactions and relationships of these various agency programs

               and how they relate to aquatic preserve management.

               1. Department of Environmental Regulation. The Department of Environmental

               Regulation (DER) is responsible for regulating air and water quality and, in

               some cases, water quantity (through the water management district) within the

                                                   8-2

                  Loxahatchee River/Lake Worth Creek Aquatic Preserve. The DER is also the

                  local contact for the initiation of dredge and fill applications in

                  conjunction with the COE and DNR. With respect to water quality and dredge

                  and fill regulation, the DER is possibly one of the most important agencies to

                  the management of the aquatic preserve. The water quality of the preserve is

                  the most important factor to the health of the estuarine complex, and dredge

                  and fill activities are one of the most potentially destructive activities

                  within the preserve. The DER also regulates other forms of pollution, such as

                  air, noise, wastewater and hazardous waste, which may be important in the

                  future to the preserve.

                  The field personnel will become familiar with the. water quality, dredge and

                  fill, and other regulatory programs that are important to the aquatic

                  preserve. The field personnel should develop a close working relationship

                  with DER staff and become familiar with DER field activities and programs that

                  are in common with the objectives of the aquatic preserve management program.

                  The field personnel should open the most efficient line of communication with

                  the local offices to receive the permit applications from DER as soon as

                  possible to improve the response time within the review process.

                  The DER, Office of Coastal Management is charged with coordinating activities

                  related to coastal management in the state and reviewing federal actions for

                  consistency with the State Coastal Management Program, Section 380.20, F.S.

                  The central office staff will maintain a close relationship with the Office of

                  Coastal Management for assistance in the review of federal actions, data and

                  research needs, and other program support.

                                                       83

               2. Department of Community Affairs. The Department of Community Affairs is
               responsible for reviewing Developments of Regional Impact (DRI). DRI's are

               major developments that have impacts on a scale which is areater than county

               level and require a regional review from neighboring local governments and

               state agencies. Both the central office staff and field personnel of the

               aquatic preserve program will be involved in reviewing DRI's. The field

               personnel should receive notice of a DRI through the central office staff and

               will proceed with the field review. The central office staff will coordinate

               the field review findings and work with the other state agencies in

               Tallahassee in the review of the DRI.

               3. Department of Natural Resources. The aquatic preserve management program

               is associated with several other land management programs in the Department of

               Natural Resources (DNR)-.in the Loxahatchee River area.

               DNR's St. Petersburg Marine Research Laboratory, under the Division of

               Marine Resources, has several programs and projects within the Loxahatchee

               River area which will benefit the aquatic preserve program. The Marine Lab is

               presently studying fishery habitat losses in the Loxahatchee River and Lake

               Worth area. The DOT digitized mapping, which will be used in the management

               of this aquatic preserve, was created as a product of that fishery habitat

               loss study. The data from this project, when it is completed, will be

               incorporated into this management plan. The Marine Lab staff is also involved

               in manatee protection programs. The field personnel will become familiar with

               these studies and programs, and will consult the Marine Lab for their data

               needs within the Loxahatchee River area whenever possible.

                                                    84

                The Division of Marine Resources also handles the permitting for the

                collection of certain marine species and use of certain chemicals. The field

                and central office staff will become familiar with this permitting process and

                request notification of these permits within the aquatic preserve.

                The Marine Patrol, under DNR's Division of Law Enforcement, also operates in

                the Loxahatchee River area. The field personnel will become familiar with

                their programs and operation, and will call on the Marine Patrol for law

                enforcement support as required.

                The aquatic preserve program will work closely with the Division of State

                Lands in the review of applications for the use of sovereignty lands and other

                related issues. This relationship is more fully described in Chapter V(C).

                The Division of Resource Management, through the Bureau of Geology and Aquatic

                Plant Research and Development, is responsible for various programs poten-

                tially affecting the aquatic preserve. Staff will establish communication

                links with this Division to ensure that adequate consideration is given to

                potential impacts upon the preserve that may result from the conduct of their

                various programs'.

                The Division of Recreation and Parks in addition to the work related to

                aquatic preserves by BELM and The Florida Park Service is also involved in the

                development of a Loxahatchee Wild and Scenic River program. The aquatic

                preserve program and the wild and scenic river program are compatible since

                both are essentially designed to protect and enhance the values of the river

                                                       85

             area. The aquatic preserve program will work closely with this program as it

             relates to aquatic preserve management objectives. Additionally, all

             maintenance dredging in the lower aquatic preserve will be reviewed with the

             objective of preventing further salt water intrusion in the upper reaches of

             the Northwest Fork. Finally, it is recommended in Chapter XII B. that the

             boundaries of the aquatic preserve be extended to include the entire wild and

             scenic river area. This inclusion will add the aquatic preserve protection to

             the wild and scenic river area not presently included.

             4. Florida Game and Fresh Water Fish Commission. (GFWFC) The GFWFC's

            .Environmental Services office in Vero Beach sends biolooists to the

             Loxahatchee River area to review projects which may have potential impacts on

             local fish and wildlife habitat as necessary. The central office will use the.

             GFWFC's assistance in their review process, when possible, and in developing

             fish and wildlife management for the aquatic preserve.

             The GFWFC has enforcement officers working in this area. The field personnel

             will interact with these officers where there are common goals.

             The GFWFC is also the state coordinator of the Endangered Species in Florida.

             The field personnel and central office staff will work with GFWFC personnel in

             developing program needs in this area.

             5. Department of Transportation. (DOT) The DOT has an office in Palm Beach

             County, and the field personnel and the central office will work with the

                                                   86

                resident engineer on anticipated projects having possible impacts on the

                aquatic preserve and their major tributaries. The field personnel and

                administrative staff will review any major highway or bridge projects that may

                be proposed in the future.

                6. Department of State. The Division of Archives, History and Records

                Management (DAHRM) in the Department of State will have a close working

                relationship with the field personnel and central office staff in,the

                protection of archaeological and historical sites. The field personnel will

                be directed by DAHRM through the central office in any activities or

                management policy needs for these sites.

                7. Health and Rehabilitative Services. (HRS) Both the central office staff

                and field personnel will establish communi cation and coordination linkages'

                with DRS and their locally conducted programs of septic tank regulation and

                mosquito control. Additionally, the central office staff will become involved

                in future meetings of the Governor's Working Group on mosquito control.

                Subsequent policy recommendations coming out of this group will be evaluated

                for applicability to the ongoing aquatic preserve management program.

                C. REGIONAL

                The regional level of the management implementation network as it applies to

                the Loxahatchee River-Lake Worth Aquatic Preserve will include the South

                Florida Water Management District, the Treasure Coast Regional Planning

                                                     8-7

             Uouncil, and the Loxahatchee Council of Governments. These organizations have

             activities that are broader than the local government, but are on a smaller

             scale than the state level.

             1. South Florida Water Management District. The district boundaries of the

             South Florida Water Management District (SFWMD) contain the entire Loxahatchee

             River basin in Martin and Palm Beach Counties. The water management district

             administers permittinq programs for the local consumable use of water, storm

             water discharges, and dredge and fill type activities. This includes the

             withdrawal and use of water from rivers, streams, and wells. The types of

             water uses they permit in the Loxahatchee River basin include irrigation and

             public water supply. The field personnel will become familiar with the review

             and permitting procedures as they might apply to water supply in this basin.

             The water management district is also involved in various studies on water

             supply and management, and other related research that may be of use to

             aquatic preserve management.

             2. Treasure Coast Regional Planning Council. The Treasure Coast Regional

             Planning Council (TCRPC) serves the local governments of Martin and Palm Beach

             Counties, as well as two cities within these counties and other southeast

             Florida counties as a regional planning body. Among its duties, the TCRPC:

                  a.   aids local governments with planning expertise;

                  b.   is the regional representative for the Development of Regional

                       ImpaQt (DRI) review process;

                  C.   serves as a regional clearinghouse for state and federal projects

                       and programs; and

                                                    88

                    d.   conveys information from the local governments to the state and

                         federal levels.

                The field personnel will become familiar with the various projects, programs,

                and data sources that the TCRPC has within its administration that may effect

                or prove useful to the aquatic preserve program.

                The DRI review of projects which affects the aquatic preserve will be reviewed

                by the central office staff, with the field personnel's field review, when

                necessary. DRI's for large marinas, large subdivisions on the uplands above

                the preserve, and commercial or industrial developments will require a field

                review by the field personnel as to their effect on the aquatic preserve.

                D. Local Governments and Special Districts.

                This section will address the relationship of the aquatic preserve management

                program to the various local government agencies, special districts and their

                programs. The local governments are the incorporated cities and counties that

                surround the aquatic preserve. The major portion of the preserve is within
                Palm Beach County, with;the northern reaches in Martin County. There are
                three incorporated cities within the Loxahatchee River basin, Tequesta,

                Jupiter, and Jupiter Inlet Beach Colony. The Special districts include

                Jupiter Inlet District, and many other special districts that might affect the

                aquatic preserve. The field personnel will be the local liaison for the

                aquatic preserve to these local government entities to assist them in

                modifying their policies and practices to conform to the objectives of the

                                                     89

             aquatic preserve's management plan, and to exchange information and expertise

             for mutual benefits.

             1.   Relationship to local management plans. The local governments are

             required by the Local Government Comprehensive Planning Act of 1975 (LGCPA),

             (Section 163.3161, F.S.) to have a comprehensive management plan with elements

             relating to the different governmental functions (i.e. housing, physical

             facilities, conservation, land use, and coastal zone protection). These

             plans, in effect, are long-range plans for the orderly and balanced

             development of the city or county. The comprehensive plans guide local zoning

             policies and practices toward a future as set out in the plan. No development

             is permitted that does not conform to the local government's comprehensive

             plan.

             The aim of the aquatic preserve, with respect to these local government

             comprehensive plans, is to have their plans be consistent with the aquatic

             preserve management plans. The field personnel will become familiar with the

             above plans and how they support or are in conflict with the objectives of

             aquatic preserve management. The field personnel will assist local planning

             officials in having their plans meet these objectives. The field personnel

             and central office staff will assist these officials in the preparation of

             their Marina Element, as required in Chapter IX. it is hoped that local

             governments will join in the spirit of aquatic preserve management and be

             willing to work for these changes.

                                                    90

               The special districts may not have an official comprehensive management plan

               equivalent to the LGCPA plans, but they do have management policies and

               program statements that may be similar to such a plan. The field personnel

               will become familiar with these policies and the activities of these districts

               and monitor their effect on the aquatic preserve. For example, the field

               personnel might recommend identifying areas that should not receive mosquito

               spraying or other alternative management because of remoteness to inhabited

               areas and possible, but unnecessary damage to the resources of the aquatic

               preserve; or drainage districts might be asked not to use certain types of

               herbicides or use them only at certain times of the year. The operations of

               drainage districts have a considerable effect on the Loxahatchee River-Lake

               Worth Creek system.

               2.   Relation to local development codes. The local zoning and development
               codes (e.g., building codes) provide the major local regulation as to what an

               owner can do on a particular parcel of property. The zoning prescribes the

               allowable uses and the intensity of those uses. Certain uses along an aquatic

               preserve can potentially have a profound effect on a preserve.

               This section will operate in conjunction with the preceding section on local

               management plans. The field personnel will become familiar with the local

               zoning, development codes and their potential effects on the nearby aquatic

               preserve. The field personnel will assist local planning and zoning officials

               in identifying areas where changes in zoning would better conform to the

               objectives of the aquatic preserve management. The field personnel might also

               offer to assist local planning and zoning officials in the review of proposed

               subdivisions upland of the preserve.

                                                      91

             3.   Suggested policies and practices in supp rt of Aquatic Preserve

             Management. This section will address any other policy or practice not

             covered in the two preceding sections. These policies and practices might

             include local government mangrove ordinances, recreation problems where a park

             is in or near an aquatic preserve, or any other problem as it might apply to

             local governments to offer assistance or information to local officials or in

             coordinating with other agencies to help solve these problems as they occur.

             The field personnel will work with county personnel on enforcement of

             ordinances such as the Palm Beach Mangrove Protection Ordinance. The field

             personnel will also comment, through the central office, on any local practice

             that is identified as endangering the well being of the aquatic preserve.

             E. Other Entities

             This section will apply to the numerous entities that have an interest in the

             aquatic preserve but are non-governmental agencies. This will include, but

             not be limited to, the environmental interest groups (i.e., Audubon Society,

             Sierra Club), the scientific organizations, the fishing and sports interest

             groups (i.e., Florida League of Anglers, Organized Fishermen of Florida), the

             universities that may have research activities in the preserve (i.e., Florida

             Atlantic University, University of Miami, University of Florida,) and any

             other interest groups or individuals. The relationship of these entities to

             aquatic preserve management might include the coordination of activities, such

             as scientific research, environmental education, management of rookeries or

                                                   92

               other natural areas, or numerous other possible activities. A worthwhile

               aquatic preserve management process will depend on the continued support and

               help of these interest groups in all of the aquatic preserves. The field

               personnel will be active in communicating the aquatic preserve management

               process and activities to the various groups and consulting with them for

               their help in their areas of expertise.

                                                        93

                                                Chapter VII

                                                PUBLIC USES

                 This chapter addresses the public use of the aquatic preserve. The public in

                 this case shall refer to the general public or those persons without riparian

                 rights. The "Florida Aquatic Preserve Act of 1975" (Section 258.35, F.S.)

                 allows for the lawful and traditional public uses of the aquatic preserve,

                 such as sport fishing, boating and swimming (as adapted from Section

                 258.43(l), F.S.). These and other traditional uses that do not involve a

                 commercial intent or the use of a riparian right to place a structure in the

                 preserve, and do not degrade or otherwise destroy the preserve will be

                 considered public uses. This section will be further divided into consumptive

                 and non-consumptive uses as applicable to each resource.

                 A.   Consumptive Uses.

                      Consumptive uses involves the removal of resources from the preserve.

                      These uses include fishing, hunting, shellfishing, and other related

                      activities. The management of these uses (see Chapter V. Resource

                      Management, Section B: Onsite Management Objectives) will include the

                      observation and monitoring of the effects of these uses on the resources.

                      The field personnel will periodically assess the impacts through the use

                                                         95

                    of the Marine Research Laboratory's LANDSAT capabilities for habitat

                    losses or disturbance in the Loxahatchee River area plus any other

                    studies or data sources that might become available. This management

                    will also include the protection of the resources from unlawful or excess

                    practices of these uses. The legality of these uses will be controlled

                    by existing applicable state laws and local ordinances. These uses will

                    also be monitored for their effect on other resources (e.g., bird

                    rookeries, marine grassbeds, oyster bars, archaeological and historical

                    sites). The field personnel will also be sensitive to additional

                    enforcement needs (i.e., the need for additional enforcement staff during

                    nesting seasons).

               B.   Non-consumptive Uses.

                    These uses are those which do not generally remove resources from the

                    preserve. Examples of these uses include swimming, diving, boating,

                    bird-watching, and other related activities. The management practices

                    involved with these uses will be the same as those previously described

                    under Section A., except that these uses are not generally controlled by

                    law. The guiding principle in these cases will be whether or not the

                    activity causes a disruption of the preserve resource (e.g., destruction

                    of marine grassbeds, disturbs rookeries). Only in the event of these

                    disruptions will the field personnel become involved. Some of these uses

                    may possibly be involved in environmental educational (Chapter XI)

                    programs.

                                                      96

                                                Chapter VIII

                                          PRIVATE NON-COMMERCIAL USES

               This section will apply to those private, non-commercial, uses which are

               derived from riparian rights (e.g., docks, piers). The management of the

               aquatic preserve must recognize the rightful and traditional uses of those

               near-shore sovereignty lands lying adjacent to upland property. This right of

               ingress, egress, boating, swimming, fishing, and other incidental uses of

               sovereignty lands normally allows for the placement of certain stru6turds,

               such as docks, within the preserve. This right, however, can only be

               exercised with the prior consent of the Board, and does not include approval

               of activities that destroy or damage areas of environmental significance. The

               review of these will require the interaction of the Resource Protection Area

               mapping with the admini,strative and possible field review with later

               monitoring by field personnel as projected by Chapter V., Section B.

               Private non-commercial uses shall be designed to avoid critical Resource

               Protection Area (Class 1 and 2) and shall be designed to reduce the use's

               impact to the preserve in general. Individual applications for these

               private non-commercial uses shall be reviewed by the applicable Resource

               Protection Area Map and criteria. In addition, private dock proposals will

                                                       97

             be reviewed by the following criteria as to specific design and location:

                   a. private dock structures shall have a maximum width of 4 feet,

                   b. the dock decking design and construction will insure maximum light

                      penetration, with full consideration of safety and practicality,

                   c. the dock will extend out from the shoreline to a maximum depth of

                      4 feet (mean low water),

                   d. when the water depth is 4 feet at an existing bulkhead the maximum

                      dock length from the bulkhead shall be 25 feet, subject to

                      modifications accommodating shoreline vegetation overhang,

                   e. wave break devices, when necessary, shall be designed to allow for

                      maximum water circulation and in such a manner as to be part of the

                      dock structure.

                   f. Maximum terminal platform size shall be 160 square feet, not

                      exceeding 8 feet in width.

             Exceptions to these guidelines may be considered, but only upon demonstration

             by the applicant that such exceptions are necessary to ensure reasonable

             riparian ingress and egress. Dredging to obtain navigable water depths is not

             normally approved in conjunction with private dock applications.

             Bulkheads should be placed, when allowed, in such a way as to be the least

             destructive and disruptive to the vegetation and other resource factors in

             each area. Uses which do disrupt or destroy resources on state-owned lands

             will require mitigation. This mitigation will include restoration by the

             applicant or other remedy which will compensate for the loss of the affected

             resource to the aquatic preserve.

                                                     98

                Dredging within the aquatic preserve shall be held to a minimum. Dredging

                proposals shall be reviewed according to the procedures in Chapter V depending

                on the proposed activities location within the RPA. Proposals within Class I
                areas (Chapter V (B)[6]) will be scrutinized to the maximum extent in order to

                find the best practicable method of development and location if that use is

                acceptable in that particular area of the preserve. The mitigation of lost or

                disturbed resources shall be required. There shall be no dredging allowed in

                Class 1 or 2 areas or in nearby areas if it will adversely impact these areas.

                The location of proposed multiple docking facilities, such as for condominium

                developments, shall be based on the marina siting criteria.described in

                Chapter IX, because their impact is generally the same as marinas. No

                multiple docking facilities shall be located in Class 1 or 2 resource

                protection areas; provision for reasonable riparian ingress and egress shall

                be specifically allowable. The multiple docking facility designation will

                include-any multiple docking facility for multiple unit developments,

                subdivision facilities or other non-profit operation. Docks and piers need to

                be located so that they cause the least amount of destruction or displacement

                of resources within the,preserve. These resources should include all the

                factors used in the designation of RPA's (mangroves, marine grassbeds, etc.).

                The use of seaplanes within this preserve is seen as a non-traditional use.

                Applications for seaplane use within the preserve will be reviewed on a case

                by case basis. These uses will only be recommended where such use will not

                affect resource protection areas or natural values of the preserve effect

                                                        919

             endangered species habitat, can be utilized in a safe manner, and will not

             preempt traditional uses within the proposed use area.

                                                      100

                                                 CHAPTER IX

                                               COMMERCIAL USES

               This section addresses the variety of traditional and non-traditional (i.e.,

               new uses to this area) commercial uses which might occur within the aquatic

               preserve. Among the traditional uses in the Loxahatchee River area are

               utility crossings, marinas and yacht clubs, commercial fishing, and other

               types of fishing or boating for hire. Non-traditional uses in this area which

               have also occurred in other areas of this or other states include power

               plants, oil and gas transportation facilities, and other such commercial uses.

               A. TRADITIONAL COMMERCIAL USES.

                    1. Utility Crossings. There are at present time both aerial and

               underwater utility crossings in the aquatic preserve. Future proposals should

               be designed so the preserve is crossed by the least destructive method in the

               least vulnerable areas according to the RPA maps (see Chapter VEB]).

               Increased or additional use of any existing utility crossings is preferable,

               if their condition at the time of the proposal is acceptable. The field

               personnel should eventually develop a utility crossing plan for all areas with

               anticipated utility crossing needs to allow for clear and advance planning of

               these crossings in the best environmental location possible. The utility

               crossing plans, when completed, will become a part of this plan. Crossings

                                                        101

               should be limited to open water areas to minimize disturbance to marine

               grassbeds, mangroves or other critical habitat areas.

                    2.   Commercial Fishing. The management of the aquatic preserve shall

               not include the direct management of commercial fishing activities. Field

               personnel will monitor these activities and assess their affects on the

               preserve only in conjunction with the Division of Marine Resources and as part

               of a cooperative effort with that-division. The field personnel will also

               notify the requisite authority in the event of illegal activities (Chapter 370

               F. S. or by special act). The field personnel, along with other agencies and

               division's programs and studies, will monitor fishing activities within the

               aquatic preserve with respect to the need to manage access of boats in certain.

               areas, prevention of marine grassbed destruction and ot her needs of the

               aquatic preserve as they are associated with commercial fishing activities.

                    3.   Marina. The locating of marinas and their related uses will be a

               major concern of the Loxahatchee River-Lake Worth Creek Aquatic Preserve

               management. Marinas represent a use with many potential impacts on the

               preserve's resources. The siting policy of the Blue Ribbon Marina Committee

               (Final Report-January, 1983), as adopted by the Governor and Cabinet, is

               modified and shall be used for siting marinas in the aquatic preserve. This

               policy will be that:

                         a.   marinas shall only be located in or near well flushed, deep

                              water areas,

                                                         102

                        b.  the design of the marina should not rely on dredge or fill

                            activities in Class 1 or 2 resource protection areas, except as

                            allowed pursuant to Section 258.42-.44, Florida Statutes,

                        C.  the marina shall not be located in Class 1 or 2 resource

                            protection areas, except for provision of required riparian

                            ingress and egress through shoreline vegetation,

                        d.  the site location shall also take into account the access of

                            the boat traffic to avoid marine grassbeds in the surrounding

                            areas,

                        e.  the location of new facilities within the preserve shall be

                            secondary to the expansion of existing facilities within the

                            preserve,

                        f.  new facilities shall be discouraged in any previously

                            undisturbed location within the boundaries of the preserve and

                            shall be allowed only in Class 3 resource areas, and then only

                            where the local governments have a marina element and after

                            careful review and approval by the Board,

                        g.  marinas should be specifically sited outside state designated

                            manatee sanctuaries and ingress and egress channels shall be

                            posted with appropriate speed limits,

                        h.  field personnel will work with local governments (see Chapter

                            VI) on location of marinas close to demand and in areas with

                            sufficient uplands to support activity needs, and

                        i.  field personnel will work with those agencies in finding marina

                            sites that meet the above policies and are protected from

                            hurricanes.

                                                      103

                    4.   Deep Water Port Facilities. There are no facilities of this type

               within the Loxahatchee River-Lake Worth Creek Aquatic Preserve at the present

               time and new port facilities shall be prohibited.

                    5.   Other Docking. Any other type of commercial docking, not mentioned

               in the preceding sections, will follow the marina siting policy as stated in

               Section A93) of this Chapter.

               B.   Non-traditional Commercial Uses

                    1.   Power Plants. Power plants have the potential for causing major

                    changes in the air quality, water quality, plant and animal life of the

                    aquatic preserve. For these reasons they are incompatible with the

                    purposed of this aquatic preserve. The location of proposed power plants

                    upstream of a preserve should also be evaluated as to the effects on the

                    downstream preserve.

                    2.   Other Uses. Any other use that qualifies as a commercial use of

                    state-owned submerged lands not mentioned above will require a review for

                    its anticipated impact on the aquatic preserve and the best location for

                    the activity compatible to the resource protection areas within each

                    preserve.

                                                      104

                                                  CHAPTER X

                                              SCIENTIFIC RESEARCH

                The field personnel attached to the Loxahatchee River-Lake Worth Aquatic

                Preserve should serve as the area coordinator of scientific research in the

                preserves. Scientific research, and any other type of research or testing

                within the aquatic preserve, should require the clearance of both the field

                personnel and the central office staff before these activities can proceed.

                Certain activities could be detrimental to the resources of the preserve and

                should be carefully reviewed before allowing them to occur. Factors including

                location, species procedures, and time of year, should be carefully reviewed

                for the possible disturbance or affect of the research on the other resources

                of the aquatic preserve. The field personnel will be aware of the possibility

                of working with other government agencies, colleges, universities, research

                foundations and government programs to fill the data needs of the aquatic

                preserve (see Chapter V and XII). The field personnel will assist in the

                selection of possible test sites and other research needs within the preserve.

                                                CHAPTER XI

                                          ENVIRONMENTAL EDUCATION

                The aquatic preserve should be used to enhance environmental educational

                programs at every opportunity. The goal of maintaining the aquatic preserve

                for the benefit of future generations can begin to be realized through the use

                of aquatic preserve for environmental education. The education of the youth-_

                of Martin and Palm Beach Counties is a very good way of enhancing the

                knowledge of the natural systems and future support of the aquatic preserve

                program. Knowledge of the resources in the preserve and their values are a

                major factor in the continued protection of the aquatic preserve in the

                future.

                The field personnel will, through their normal activities in the aquatic

                preserve, select good examples of habitats and resources within these aquatic

                environments for use during educational group tours. This might include the

                development of environmental educational boat or canoe tours through the

                preserve. These activities should also include the eventual development of a

                brochure outlining the major points of management within the prese.rve. These

                brochures could then be circulated to the various user groups.

                                                       1-107

                 The field personnel should also prepare programs on the aquatic preserve for

                 presentation to interested groups of all ages on the values of management

                 activities of the aquatic preserve to government units and private interest

                 groups. The education of the public on aquatic preserve management is the key

                 to the success and future of the preserve.

                                                       108

                                               CHAPTER XII

                                       IDENTIFIED PROGRAM NEEDS

              This chapter of the management plan will address the various internal program

              needs that are expected to be identified during management activities.

              Meeting these needs will correct or generally relieve some stress on the

              preserve or the personnel involved in the management of the aquatic preserve.

              These needs may, in some cases, require legislative or administrative rule

              changes or acquisition of critical areas by the state. The need to identify

              problem areas and adjust the management plan in a manner that will positively

              address these problems and management needs is an essential element of any

              good management program. Both field personnel and central office staff will

              continually monitor the management plan implementation process and specifi-

              cally identify observed program needs and problems. The areas to be

              considered include, but@are not limited to:

                   A.   acquisition of additional property,

                   B.   boundary problems,

                   C.   legislative needs,

                   D.   administrative rule changes,

                   E.   aata needs,

                   F.   resource protection capabilities, and

                   G.   funding and staffing needs.

                                                    109

                 Staff will annually develop an implementation status report that will contain

                 a summary of identified management needs and suggested measures to be taken in

                 meeting these needs.

                 A.  Acquisition of Additional Property

                 There are areas both within and upland of the aquatic preserve that are in

                 public ownership under the jurisdiction of various local, state and federal

                 agencies. Many of these lands contain important resources, such as bird

                 rookeries, archaeological or historical sites, endangered species habitat, and

                 freshwater source wetlands. The protection of these areas is necessary to the

                 wilderness preserve designation areas. Formal management agreements,

                 memoranda of understanding, etc., that will ensure the compatible management

                 of these areas shall be developed. Other areas within or adjacent to the

                 preserve that are in private ownership should be closely examined to determine

                 the advisability of bringing them into public ownership. The acquisition of

                 these lands might act as a buffer to critical resources, prevent development

                 of sensitive areas, allow the restoration of areas adversely affected by

                 previous development or allow removal of disrupting uses within a preserve.

                 The field personnel, during normal management activities, should be aware of

                 significant upland areas and sovereign land conveyances which, if developed,

                 would compromise the integrity of the aquatic preserve. The field personnel

                 will keep a running record of these areas and will prioritize these areas for

                 possible public acquisition.

                 B.   Boundary Problems and Systems Insufficiencies

                 The boundaries of the aquatic preserve are often artificial delineations of

                                                       .110

              the natural systems within and surrounding the preserves. A variety of

              scientific studies are presently being conducted both within and outside of

              the preserve boundaries, and their results could conceivably suggest a change

              in these boundaries. These changes may include the extension of the present

              boundaries in some areas or exclude other areas. The field personnel, in

              their normal management activities, will be sensitive to the possible need for

              boundary modifications. Potential boundary changes and acquisition projects

              might include areas upstream of the present boundary in the streams flowing

              into the preserves, previously conveyed sovereign lands or other areas not

              presently within the preserve. Any boundary change will require legislative

              approval.

              An initial recommendation for boundary modification is to extend the boundary

              along the Northwest Fork to include the entire Loxahatchee Wild and Scenic

              River area.

              C.   Legislative Needs

              Management needs could conceivably involve changes in the legislation

              pertaining to aquatic preserve or the other statutes upon which aquatic

              preserve management is based. These changes may include boundary realignments

              or the strengthening of certain management authorities.

              D.   Administrative Rule Changes

              Administrative rules are statements addressing the organization, procedures

                                                       III

               and practices used in the implementation of aquatic preserve management plans

               and policies. This process includes identifying problems within the

               Department of Natural Resources, as well as other agencies, that affect the

               management of the preserve.

               E.  Data (Information) Needs

               The field personnel and central office staff will note data needs and promote

               research or other means to fulfill them. Data needs in the near future could

               possibly be supplied by such ongoing projects as the U.S. Geological Survey's

               and South Florida Water Management Districts studies, Department of

               Environmental Regulation water quality monitoring or other agencies. The

               field personnel will be aware of data needs as they interact with the various

               levels of government and other entities. These data needs might include

               additional mapping, ownership information, water quality data or any other

               data. The major suppliers of data will probably be other public agencies

               conducting programs in and around the preserve. Other potential sources of

               data are the colleges and universities that have, in the past, conducted

               research projects in the area.

               F.   Resource Protection and Enforcement Capabilities

               The protection of the preserve's resources depend on the Florida Marine

               Patrol, in addition to field personnel. These protection needs might also

               require additional enforcement support from local government or other state

                                                       112

               agencies. The need for additional manpower, authority, equipment or vehicles

               for this task will be identified.

               The field personnel will become familiar with the capabilities of both

               Department of Natural Resources' staff and the other agencies with enforcement

               responsibilities in the preserve. Annually, staff should fully assess the

               effectiveness of the protective and enforcement capabilities of these combined

               agencies.

               G.  Funding and Staffing Needs

               The present aquatic preserve management program has been minimally implemented

               with funds from a variety of sources and programs. The writing of this

               management plan was funded through a grant from the U. S. Office of Coastal

               Zone Management, National Oceanic and Atmospheric Administration, and the

               through "the Coastal Zone Management Act of 1972", as amended. This grant

               will end in 1984.

               The funding and staffing needs will be addressed in this section. With the

               availability of Florida Park Service and Division of Marine Resources
               personnel nearby, additional Bureau of Environmental Land Management personnel

               is not anticipated at this time. When aquatic preserve staff is present in

               the preserves to the north of this preserve they shall assist in this manage-

               ment program, as time permits.

                                                       113

              However, in order for the management program proposed in this plan to function

              and succeed, the program must have its own funding and staffing. The workload

              required by this program is too much for these other agencies to handle in

              addition to their obligations on more than a temporary basis. Funding and

              staffing needs are critically important to the success of the aquatic preserve

              program.

                                                       114

                                       LOXAHATCHEE RIVER-LA KE WORTH CREEK

                                          AQUATIC PRESERVE BIBLIOGRAPHY'

                Alexander, T. R. and A. G. Crook. Recent and Long-Term Vegetation Chan@es and
                      Patterns in South Florida. Part II, Final Report, University of Miami,
                      Coral Gables, F7-orida, 1975.

                Area  Planning Board of Palm Beach County, Stormwater Pollution Control STudy
                      Design Palm Beach County, Florida. West Palm Beach, Florida, 1974.

                Area  Planning Board of Palm Beach County. Planning Area Analysis Water
                      Quality Management A Multijurisdictional Concern Loxahatchee River
                      Planning Areas. West 7aim Beach, Florida, 1979.

                Area Planning Board of Palm Beach County. A Profile of Palm Beach County
                      Municipalities. West Palm Beach, Florida, 1980.

                Ballantine, D., and H.J. Humm.   '"Benthic Algae of the Anclote Estuary 1.
                      Epiphytes of Seagrass Leaves." Florida Scientist, Vol. 38; No; 3, 1975.

                Barnett, Brian S., Raymond T. Fernald, Andreas Goetzfried, and Stephen R. Lau.
                      The Fish and Wildlife Resources of the Charlotte Harbor Area. Office of
                      Environmental Services, Florida Game and Fresh Water Fish Commission,
                      Vero Beach, Florida, 1980.

                Christensen, Robert Frank. An Ichthyological SurveX of Jupiter Inlet and
                      Loxahatchee River, Florida. M.S. Thesis Florida State University, 1965
                Cultural Resource Management, Inc. A Survey of the Archaeolou and History of
                      Loxahatchee National Wildlife Refuge, for U.S. Fish and Wildlife
                      Service, 1979.

                DuBois, Bessie Wilson. The History of the Loxahatchee River. Southeastern
                      Printing Co., Stuari-,Florida, 19T1-.

                Goll,R. A. and Associates, Inc. Town of Jupiter Comprehensive Planning
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                                                      116

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                                                       117

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                                           CONTENTS OF APPENDICES

             Appendix A. Management Authorities

                           All laws, rules, memoranda of understanding, and other

                           directives mentioned or related to in the Plan.

             Appendix B. References

                           Pertinent References; basis for formulation of Plan USGS

                           Bibliography

             Appendix C. Resource Data

                           Resource Inventorites for each preserve

                           DOT Vegetation and Land Use Acreages by quad and preserve

                           Species Lists

                           Streams and Lakes data

                           Colonial Waterbird Areas

                           Water Quality: STORET

                           Archaeological Profiles

                           Cultural Information (Population, etc.)

             Appendix D:   Maps

                           Map Packet: by quad size for each quad in the preserve areas

                           USGS 7.5 Minute quadrangel topographic maps

                                                     119

               Appendices Contents (Continued)

               Appendix D:  Maps (Con't)

                            Mark Hund Aerial Photography (73-79)

                            DOT Vegetation and Land Use Maps

                            Flood-prone (USGS)

                            State-Owned Lands Maps

                            National Wetland Inventory Maps

                    Gulf Coast Ecological Inventory (1:250,000 scale)

                    Shellfish Atlas for Martin and Palm Beach Counties

                    CZM Maps--Martin and Palm Beach Counties

                    Navigation Charts (Loxahatchee River)

                    DOT County Maps --- Martin and Palm Beach Counties

                                                      120

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