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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 15 14 1 13 707 Is Cb N w w C-i in 23 24 -:7- 2z 19 LL 7- MARTIN CO. PALM BEACH 00. 5 TEGUEST LEGEND .............. ................... 25 30 t 26 COUNTY BOUNDARY LINE CORPORATE LIMITS .......... .............. ............. MILITARY RESV. BOY. I RAILROAD PAVED ROAD HIGH TYPE - - - - - - - BITUMINOUS ROAD U. I HIGHWAY 1A ....... . .. S . .. .... STATE HIGHWAY ... ..... .. . ............ INTRACOASTAL WATERWAY X., a E-E 35 A4UA PR TIC ESERVE ................ X. .So T 40 s T 41 S N ...... DfA t L o" r1oN al JACKSONVILLE PENS&rCLA 6 JU ITER TAaft :A A A .... T KEY EST Ali i + 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 Program. 1976. Heald, E. J. and William E. Odum. "The Contributions of Mangrove Swamps to Florida Estuaries." Proceedings of the Gulf Caribbean Fish Institute, Vol. 22, 1970. Hedgepeth, Marion Y. Recruitment of Fishes and Habitat Utilization in Lake Worth and the Loxahatchee River. (ProposaTT, -Florida Department of Natural Resources, West Palm Beach, Florida, 1982. . . 115 Land, Larry F. Progress Report on Water-Resources Investigations in Palm Beach County, Florida. U.S. Geological Survey. Open-file Report 72014, 1972. Land, F.L., Rodis, H.G. and Schneider, JJ Appraisal of the Water Resources of Eastern Palm Beach County, FloridL Florida Geological Survey, Report of Investigation No. 67, 1973. Lehman, M.E. Oyster Reefs at Crystal River, Florida and Their Adaption to Thermal Plumes. Ph.D. Dissertation, University oT -Florida, 1974. Lichtler, W.F. GeologZ and Ground-Water Resources of Martin County, Florida Florida Geo-logical Survey Investigation No. 23, 1960. Martin County Commissioners-Martin County Comprehensive Plan., April 1, 1982 McPherson, Benjamin F. and Maryann Sabanskas. 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The Ecology of the Seagrasses of South Florida: A Community Profile. U.S. Department of the Interior, Fish-and Wildlife Service, FWS/OBS-82/25, September, 1982. J 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 1121111110 3 6668 14103 6568