Fort Pickens Aquatic Preserve management plan adopted January 22, 1992

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

FT PICKENS

AQUATIC PRESERVE MANAGEMENT PUN

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

QH 1992
90.75
T6
M37
1992 DEPARTMENT OF NATURAL RESOURCES

FORT PICKENS

AQUATIC PRESERVE MANAGEMENT PLAN

ADOPTED

JANUARY 22, 1992

VIRGINIA WETHERELL

Executive Director

Florida Department of Natural Resources

This plan was prepared by Elaine Martin
Division of State Lands
Bureau of Submerged Lands and Preserves
Northwest Florida Aquatic Preserve Field Office

NT O@t,

Funds for this management plan were provided by the Department of Environmental
Regulation, Office of Coastal Management using funds made available through the
National Oceanic and Atmospheric Administration under the Coastal Zone Management
Act of 1972, as amended.

This document was printed on recycled poper.

The ship illustrated on the cover is the USS Preble. The Preble was a square
rigged sloop, 117 feet in length with a beam of 32 feet. She was originally used as
a practice ship for midshipman before being attached to.the Mississippi blockade
during the Civil War. The ship was accidentally burned and sunk on April 27, 1863,
and is only one of many historical shipwrecks which can be found at the bottom of
the Pen5acola Bay.

EXECUTIVE SUMMARY

The Fort Pickens Aquatic Preserve is recognized as an exceptional water resource
of the state. The preserve is fringed by white sandy beaches, sea oats and salt
marsh. Both sandy bottoms and seagrass beds occur below the mean high water
line. This aquatic preserve provides food and habitat for numerous fish, reptiles,
marine mammals, birds, and benthic invertebrates. Several designated species are
known to occur in the preserve. Submerged resources of this beautiful preserve
include not only productive seagrass meadows but also the remains of unlucky
ships that once traveled these waters. Other historical artifacts such as the ruins
of Ft. McRee and armaments have been found or are known to occur in the
preserve.

Uplands adjacent to the aquatic preserve are known as Gulf Islands National
Seashore and are federally owned. The National Park Service, which manages the
seashore, has no plans for shoreline development. Consequently, the upland
boundary of the preserve should remain in a natural state for years to come.

Even with minimal adjacent upland development, the preserve is impacted by
human activities. Commercial shrimping impacts grassbeds and juvenile fish, while
recreational fishermen have severely depleted the native scallop population. Water
quality has deteriorated in recent years from sewage discharge, stormwater runoff
and bilge wastes from boat traffic. Pensacola Naval Air Station, directly across from
the preserve, is home to 17 "superfund" sites. The Navy also plans to keep the
USS Forrestal at Pensacola NAS and recently deepened the ship channel to
accommodate this ship. The preserve supports some of the heaviest boating traffic
in northern Florida, not only from the military but also from commercial freighters
and recreational boaters.

Submerged lands are selected as aquatic preserves based upon their outstanding
biological, aesthetic, and scientific values. Fort Pickens Aquatic Preserve was
designated as such in 1970 for the primary purpose of preserving the biological
resources in the area and maintaining these resources in an essentially natural
condition. The preserve encompasses approximately 34,000 acres of state
sovereign submerged lands in Escambia County, Florida.

The main objective of the resource management program for Fort Pickens Aquatic
Preserve is to protect the preserve's natural resources for the benefit of future
generations. The management of the preserve will be directed toward the
maintenance of essentially natural conditions. On site management activities
include actions by field personnel to protect plant communities, animal life,
archaeological sites, and water resources of the preserve. Management activities
will also focus on cooperation with Gulf Islands National Seashore to further
enhance protection of the aquatic preserve.

Fort Pickens Aquatic Preserve has been divided into several management areas.
The classification of each management area is based'upon the resource value of
submerged lands associated with existing and future land uses on the adjacent
uplands. The intent of these management areas is to make potential development
activities and uses of the preserve compatible with resource protection goals. The
major uses of this preserve are commercial and recreational fishing, boating, diving,
swimming, commercial navigation, adjacent land uses and attendant facilities (e.g.
Fort Pickens fishing pier). Maintaining the continued health of the preserve involves
minimizing adverse impacts from all uses within and adjacent to the preserve.

This management plan outlines the relationship between the Department of Natural
Resources Central Office and field staff. Criteria for the review of specific
development proposals within the preserves' boundaries are also provided. Public
and private uses that are allowable pursuant to statutory direction and other
applicable authorities of the aquatic preserve are discussed. These uses are
subject to the approval of the Board of Trustees or their designee. Approval is
normally predicated upon demonstration that the proposed use is environmentally
sound, and in the opinion of the Board, necessary for the public.

Various federal, state, regional, and local organization oversee laws and regulations
which apply to all of the lands and waters within the aquatic preserve. One of the
aquatic preserve management program's objectives, therefore, is to complement
agency programs whenever it is in the preserve's interest. Both field personnel and
-central office staff will coordinate extensively with many agencies to assure effective
management and protection.

To enhance management and protection of the aquatic preserve, research and
education programs will be developed. These programs will operate in close
coordination with similar programs established in the area. Research and
education needs for the aquatic preserve are defined.

The management of the preserve and protection of the resources included within
its boundaries will be enhanced by continually identifying and resolving specific
program needs. Meeting these needs, which may include legislative support,
administrative rule changes resource protection capabilities, and funding and
staffing needs, will relieve some stress on the resources or personnel involved in
.the management of the preserve. In the future, the field staff will develop and
submit a status report that summarizes the program's needs and suggests
measures to be taken to resolve these needs.

TABLE OF CONTENTS

CHAPTERI INTRODUCTION ............................. 1

CHAPTER 11 MANAGEMENT AUTHORITY
A. Statutory Authority .......................... 9
B. Administrative Rules ....................... 10
C. Other Applicable Plans & Programs ............ 13

CHAPTER III DESCRIPTION OF AQUATIC PRESERVE
A. Location and Boundaries .................... 15
B. Physiography and Geology .................. 15
C. Surface Water Hydrology ................. ... 17
D. Climate ................................ 18
E. Water Quality ............................ 19
F. Vegetation ............................... 20
G. Fish and Wildlife 27
Fish/Shellfish ..................... 28
Reptiles/Amphibians ................ 30
Birds ........................... 31
Mammals ......................... 35
H. Endangered, Threatened, and Species
of Special Concern ........................ 37
1. Cultural Resources ......................... 40
J. Regional Land Use, Development and
Associated Impacts ........................ 41
Adjacent Upland Use ............... 41
Uses of the Preserve ................ 42
Future Use ...................... 45

CHAPTERIV MANAGEMENT AREAS
A. Introduction ............................. 47
B. Management Area Classifications .............. 48
C. Minimum Criteria for Allowable Uses ............ 49
D. Management Areas ........................ 50

CHAPTER V SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS 55

CHAPTER VI MANAGEMENT ACTION PLAN
A. Resource Management ..................... 62
B. Resource Protection ....................... 65
C. Research ............................... 66
D. Environmental Education .................... 68

CHAPTER Vill MANAGEMENT COORDINATION NETWORK
A. Federal Agencies ......................... 71
B. State Agencies ............................ 73
C. Regional Agencies ......................... 75
D. Local Governments/ Interest Groups ............ 76

CHAPTER VIII STAFFING AND FISCAL NEEDS ................ 81

CHAPTERIX RESOURCE AND ACTIVITY MONITORING PROGRAM
A. Resource Monitoring ....................... 85
B. Progress Monitoring ....................... 85

BIBLIOGRAPHY ............................. 87

LIST OF FIGURES AND TABLES

Figure 1. Florida Aquatic Preserve System Map .............. 5

Figure 2. Aquatic Preserve Boundary Map .................. 7

Figure 3. Shellfish Propagation and Harvesting Map .......... 21

Figure 4. Vegetation Map ............................. 23

Figure 5. Adjacent Land Use Map ....................... 43

Figure 6. Management Areas Map ....................... 53

Table 1.- Algae and Vegetation of Fort Pickens
Aquatic Preserve .......................... 26-27

Table 2. Finfish Which May Occur in or near Fort
Pickens Aquatic Preserve .................... 29-30

Table 3. Reptiles/Amphibians in and Adjacent to
Fort Pickens Aquatic Preserve .................... 31
Table 4. Bird Species of Fort Pickens Aquatic
Preserve ............................. 32-35

Table 5. Mammals Found at or in the Vicinity of
Fort Pickens Aquatic Preserve ................. 36-37

Table 6. Endangered, Threatened, and Species of
Special Concern Likely to Occur in
Fort Pickens Aquatic Preserve ................. 38-39

Table 7. Management Coordination Network ............. 78-79

Table 8. Anticipated Budget for Fort Pickens
Aquatic Preserve and Other Locally
Associated Aquatic Preserves .................... 83

LIST OF APPENDICES

Appendix A. Administrative Codes ....................... 91-100

Appendix B. Vegetation Illustrations ....................... 101

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

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

CHAPTERI

INTRODUCTION

Fort Pickens Aquatic Preserve is located in the southwestern corner of the Florida
panhandle and it represents one of the 42 aquatic preserves in Florida (Figure 1).
This beautiful 34,000 acre stretch of Florida gulf coast was designated as an
aquatic preserve on November 2, 1970 by the Florida Legislature. The boundary
of the preserve encompasses only the sovereignty submerged lands below the
mean high water line in Santa Rosa Sound, Pensacola Bay, and Big Lagoon,
extending northward to the Gulf Intracoastal Waterway. The preserve also includes
the lands below mean high water in the Gulf of Mexico, to a line three miles south
of the coast (Figure 2).

The preserve surrounds the western end of Santa Rosa Island and the eastern end
of Perdido Key. Both of these islands are typical examples of undeveloped barrier
islands. The submerged lands along the northern sides of these islands are
characterized by shallow, saline waters, "continuous" and "patchy" seagrass beds,
and salt marshes. These communities are currently providing habitat for wildlife
and birds such as the loggerhead turtle (Caretta caretta) the southeastern snowy
plover (Charadrius alexanderinus), the least tern (Sternaantillarum), and the black
skimmer (Rynchops n@qff), all of which are listed as threatened or endangered
species. These wetland areas and grass beds also serve as nursery areas for
various shrimp and fish species which are commercially or recreationally important
to the area.

The aquatic preserve provides such an excellent habitat for fish and wildlife
because the islands and the adjacent submerged lands are some of the only
undeveloped coastal areas in the region. As development continues to increase
adjacent to the preserve careful planning will be necessary in order to prevent
degradation of these habitats.

Due to its proximity to the Gulf Intracoastal Waterway and the Pensacola Ship
Channel, the preserve experiences some of the heaviest boat traffic (industrial,
military, and recreational) in northern Florida. , Increased recreational use,
intracoastal waterway traffic and general development pose the major threats to this
area. Such intense use confirms the need for an integrated management program
by federal, state, regional, and local governments to accomplish a goal of long-term
resource protection for the preserve.

Implementation of a management plan for the Fort Pickens Aquatic Preserve is
only one of the many steps that will be necessary to accomplish this goal. The
plan is intended primarily to serve as a useful guide to the aquatic preserve field
staff and others in maintaining the integrity of the preserves. As more information

concerning the preserve is obtained and analyzed, management strategies outlined
in this plan may need to be adjusted accordingly.

Development of this phase of the management plan required collecting an inventory
of resource information, coordinating with other management plans that have been
developed for the area, and identifying resource problems and management issues
related to the present and future uses of the preserve and the adjacent uplands.
Management initiatives were developed to be consistent with statutory authority and
the overall intent of the Aquatic Preserve Program for ensuring that the submerged
resources of the preserve remain for future generations to enjoy.

Fourteen management plans, covering 21 of the 42 designated aquatic preserves
in the state, have been adopted by reference into existing aquatic preserves rule
(Chapter 18-20, Florida Administrative Code). E@ventually, this management plan will
be incorporated into rule following its approval by the Board of Trustees of the
Internal Improvement Trust Fund. As such, the criteria in this plan pertaining to the
use of state-owned submerged lands will carry the same authority as current rule
criteria.

Specifically, this plan is divided into chapters according to their management
application:

Chapter 11 cites the statutory authorities upon which this resource
management program and plan are built.

Chapter III provides a description of the area included in the Fort Pickens
Aquatic Preserve and details the physical and biological components of the
preserve as well as cultural resources. Additional information includes the
current and future uses of this preserve and use of the adjacent uplands.

Chapter IV delineates various management areas within this section of the
preserve. These areas are defined by taking into account the biological
resources, physical parameters, and the aesthetic value in conjunction with
the use of the adjacent uplands. Where necessary, specific restrictive
criteria are developed for each area and their effects and rationale are
discussed.

Chapter V discusses specific needs and issues particular to the Fort Pickens
Aquatic Preserve. Management initiatives have been developed in
addressing each need and/or issue.

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

Chapter VII identifies federal, state, regional, and local agencies, their
authorities and programs, and how they relate and assist in protection and
management of the preserve. It also identifies non-governmental
organizations, interest groups, and individuals that can assist in
management.

Chapter VIII provides future staffing and fiscal needs necessary for providing
effective management and protection of the preserve, as well as supporting
research and environmental education.

Chapter IX outlines a monitoring program for recording and reporting
resource changes, and establishes a tracking system for detailing the
progress and accomplishments of the local program in resource
management.

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AQUATIC
PRESERVES

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ACIUATIC PRESERVES ARE ESTABLISHED
BY THE FLORIDA LEGISLATURE AND
INCLUDE ONLY STATE OWNED
SOVEREIGNTY SUBMERGED LAND& a
THE GOVERNOR AND CABINET SITTING
AS TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND ARE
MANAGERS OF THESE AREAS.

FOR MORE INFORMATION REGARDING
AQUATIC PRESERVES CONTACT:

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF STATE LANDS

BUREAU OF AOUATIC PRESERVES

3900 COMMONWEALTH BLVD c@ @c
TALLAHASSEE, F LOP IDA 32303
CREATEDW CAAOL AAMON
ton

Figure I Florida's Aquatic Preserves
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17 226
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10 9
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U. S.'N L AIR STATION
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Gulf Islands National Seashore
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GULF OF SCALE IN MILES

LO"rION

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LEGEND

COUNTY BOUNDARY LINE

MILITARY RESU BOX
RAILROAD MAPOF
FORT PICKENS STATE PARK AQUATIC PRESERVE
L.ft PAVED ROAD-HIGH TYPE AQUATIC PRESERVE G- I
BITUMINOUS ROAD
ESCAMBIA AND SANTA ROSA COUNTIES, FLORIDA
MIA.1 ............. STATE HIGHWAY CREATED MY
INTINCOASTAL WATERWAY
STATE OF FLORIDA BOARD OF
IL AQUATIC PRESERVE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
PREPARED BY F. J. HANSEN .46T
DIVISION 0, LAND MANAGEMENT OCTOBER 21, 1969
JULY'1970 RESOLUTION ADOPTED OCTOBER 21, 1949
vp

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CHAPTER11

MANAGEMENT AUTHORITY

A. STATUTORY AUTHORITY

The fundamental laws providing management authority for the Fort Pickens Aquatic
Preserve are contained in Chapters 258 and 253, Florida Statutes (F.S.). These
statutes establish the proprietary role of the Governor and Cabinet, sitting as the
Board of Trustees of the Internal Improvement Trust Fund, as Trustees over all
sovereignty submerged lands. In addition, these statutes empower the Trustees
to adopt and enforce rules and regulations for managing all sovereignty submerged
lands, including aquatic preserves.

In particular, Sections 258.35-258.46, F.S., enacted in 1975 by the Florida
Legislature, represent the Florida Aquatic Preserve Act. These statutes set forth
a standardized set of management criteria for all designated aquatic preserves, and
represent the primary laws governing use of sovereignty submerged lands within
aquatic preserves.

The Legislative intent for establishing aquatic preserves is stated in Section 258.36,
F.S.: "it is the intent of the Legislature that the state-owned submerged lands
in areas which have exceptional biological, aesthetic, and scientific value, as
hereinafter described, be set aside forever as aquatic preserves or
sanctuaries for the benefit of future generations." This statement along with the
other applicable laws clearly mark the direction for management of aquatic
preserves. Management will emphasize the maintenance of essentially natural
conditions, and will include only sovereign or state-owned submerged lands and
lands leased by the State and specifically authorized for inclusion as part of a
preserve.

Management responsibilities for aquatic preserves may be fulfilled directly by the
Board of Trustees or by staff of the Division of State Lands of the Department of
Natural Resources through delegation of authority. Other governmental bodies may
also participate in the management of aquatic preserves under appropriate
instruments of authority issued by the Board of Trustees. The Division staff serve
as the primary managers who implement provisions of the management plans and
rules applicable to the aquatic preserves. Staff evaluate proposed uses or activities
in the preserve, and assess the possible impacts on the natural resources. Project
reviews are primarily evaluated in accordance with the criteria in Sections 258.35-
46, F.S. (Florida Aquatic Preserves Act), Chapter 18-20, Florida Administrative Code
(Rules of Florida Aquatic Preserves), and in accordance with the policies set forth
in this plan.

Staff comments on proposed uses are submitted for consideration in developing
recommendations to be presented to the Board of Trustees. This mechanism
provides a basis for the Board of Trustees to evaluate public interest and the merits
of any project while also considering potential environmental impacts upon the
aquatic preserves. Any activity located on sovereignty submerged lands will require
a consent of use, a lease or easement, or other approval from the Board of
Trustees. Consent of use may be granted on small projects from the Division of
State Lands in accordance with the authority delegated by the Board.

BACKGROUND

The laws supporting aquatic preserve management are the direct result of the
public's awareness and interest in protecting Florida's aquatic environment. The
rampant dredge and fill activities that occurred in the late 1960's fostered this
widespread concern. a I
In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws of
Florida), which established procedures regulating previously unrestricted dredge
and fill activities on state-owned submerged lands. That same year, the legislature
provided the statutory authority (Section 253.03, F.S.) for the Board of Trustees to
exercise proprietary control over state-owned lands. Also, in 1967, government
focus on protecting Florida's productive water bodies from development led the
Board of Trustees to establish a moratorium on the sale of submerged lands to
private interests. That same year, an Interagency Advisory Committee (IAC) was
created to develop strategies for the protection and management of state-owned
submerged lands.

in 1968, the Florida Constitution was revised to declare in Article 11, Section 7, the
state's policy of conserving and protecting natural resources and scenic beauty.
That constitutional provision also established the authority for the legislature to
enact measures for-the abatement of air and water pollution. Later that same year,
the IAC issued a report recommending the establishment of twenty-six aquatic
preserves.

On October 21, 1969, the Governor and Cabinet acted upon the recommendations
of the IAC and adopted, by resolution, eighteen of the water bodies as aquatic
preserves, which included the Ft. Pickens Aquatic Preserve. Other preserves were
individually adopted at subsequent times through 1989.

B. ADMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

Chapters 18-20 and 18-21, Florida Administrative Code (F.A.C.), are the two
administrative rules directly applicable to the uses of aquatic preserves specifically,
and submerged lands in general. The general rules in Chapter 18-20, F.A.C., are

supplemental to the rules in Chapter 18-21, F.A.C, in the regulation of activities in
aquatic preserves.

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

Chapter 18-20, F.A.C., specifically addresses aquatic preserves and derives its
authority from Sections 258.35, 258.36, 258.37, and 258.38, F.S. The intent of this
rule is contained in Section 18-20.001, F.A.C., which states:

(1) All sovereignty lands within a preserve shall be managed primarily
for the maintenance of essentially natural conditions, the
propagation of fish and wildlife, and public, recreation including
hunting and fishing where deemed appropriate by the board and
the managing agency.

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

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

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

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

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

(d) to use applicable federal, state, and local management
programs, which are compatible with the intent and

provisions of the act and these rules, and to assist in
managing the preserves;

(e) to encourage the protection, enhancement, or restoration of
the biological, aesthetic, or scientific values of the
preserves, including but not limited to the modification of
existing man-made conditions towards their natural
condition, and discourage activities which would degrade
the aesthetic,' biological, or scientific values, or the quality,
or utility of a preserve, when reviewing applications, or when
developing and implementing management plans for the
preserves;

(f) to preserve, promote, and utilize indigenous life forms and
habitats, including but not limited to: sponges, soft coral,
hard corals, submerged grasses, mangroves, saltwater
marshes, freshwater marshes, mud flats, estuarine, aquatic
and marine reptiles, game and non-game fish species,
estuarine, aquatic, and marine invertebrates, estuarine,
aquatic, and marine mammals, birds, shellfish and mollusks;

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

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

2. CHAPTER 18-21, F.A.C.

Chapter 18-21, F.A.C., controls activities conducted on sovereignty submerged
lands in general and is predicated on the provisions of Sections 253.03, and
253.12, F.S. The stated intent of this administrative rule is:

(1) to aid in fulfilling the trust and fiduciary responsibilities of the Board
of Trustees of the Internal Improvement Trust Fund for the
administration, management, and disposition of sovereignty lands;

(2) to insure maximum benefit and use of sovereignty lands for all
citizens of Florida;

(3) to manage, protect, and enhance sovereignty lands so that the
public may continue to enjoy traditional uses including, but not
limited to, navigation, fishing and swimming;

(4) to manage and provide maximum protection for all sovereignty
lands, especially those important to public drinking water supply,
shellfish harvesting, public recreation, and fish and wildlife
propagation and management;

(5) to insure that all public and private activities on sovereignty lands
which generate revenues or exclude traditional public uses provide
just compensation for such privileges;

(6) to aid in the implementation of the State Lands Management Plan."

Q. RELATIONSHIP TO OTHER APPLICABLE PLANS AND PROGRAMS

The State Comprehensive Plan, established by Chapter 187, F.S., provides long-
range policy guidance for the orderly social, economic and physical growth of the
State. As such, the State Comprehensive Plan provides direction for the
management of the physical resources within the state. The goals, objectives and
policies set forth in this aquatic preserve management plan are designed to be
consistent with those in the State Comprehensive Plan that pertain to the water
resources, coastal and marine resources and natural systems.
The Conceptual State Lands Management Plan,'adopted on March 17, 1981, and
amended by the Board of Trustees on July 7, 1981 and March 15, 1983, contains
specific policies concerning spoil islands, submerged land leases, "Outstanding
Native Florida Landscapes," unique natural features, seagrass beds, archaeological
and historical resources, and endangered species. These policies provide some
of the fundamental direction for formulating management plans and policies.of the
Aquatic Preserves Program.

The Local Government Comprehensive Plans (LGCP) for Escambia and Santa Rosa
counties are required by the Local Government Comprehensive Planning and Land
Development Regulation Act to have a comprehensive management plan with
elements relating to different governmental functions (e.g., housing, physical
facilities, conservation, land use, coastal zone protection, etc.) Each plan, in effect,
is intended to guide the future development of each respective county. Cities and
counties are to adopt land development regulations and conform to the criteria,
policies, and practices of their comprehensive plans, which must be updated
periodically as required by recent statutory amendments.

The intent of the Aquatic Preserve Program is to guide county governments during
their planning process towards developing local planning criteria and standards that
will be consistent with the objectives of the program. Escambia and Santa Rosa
counties' LGCP's have been submitted to the state for review and adoption by the
Department of Community Affairs is pending.

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CHAPTER III

PESCRIPTION OF AQUATIC PRESERVE

A- LOCATION AND BOUNDARIES

Fort Pickens Aquatic Preserve includes all of the sovereignty submerged lands
below the mean high water line in Santa Rosa Sound, Pensacola Bay, Big Lagoon,
and the Gulf of Mexico which fall within the following boundaries.

Located in southern Escambia and Santa Rosa counties, Fort Pickens Aquatic
Preserve extends from the eastern boundary of Gulf Islands National Seashore-Fort
Pickens Unit (DNR reference monument R105) on Santa Rosa Island, westerly to
a line intersecting Perdido Key at DNR reference monument R40. Twelve miles of
Gulf Intracoastal Waterway bound the preserve to the north and connect its east
and west boundaries. The east and west boundaries project across Santa Rosa
Island and Perdido Key, respectively, to meet the southern boundary of the
preserve three miles offshore in the Gulf of Mexico.

Santa Rosa Island and Perdido Key both have major population centers nearby.
These centers are comprised of single and multi-family dwellings.

The Santa Rosa Island section of the preserve is affected by high density
development concentrated in the Pensacola Beach area. Pensacola Beach is
under the jurisdiction of the Santa Rosa Island Authority, a governing board
appointed by the Escambia County Board of County Commissioners.

The Gulf Islands National Seashore-Perdido Key Unit portion of the preserve is
somewhat buffered from extensive development by approximately 1.5 miles of
public-access beach which is immediately adjacent to the western boundary of the
preserve. The Perdido Key State Recreation Area, which is located approximately
2 miles from the western boundary of the preserve, may also serve as a deterrent
to development in the immediate vicinity of the preserve. Development trends on
Perdido Key have been towards oceanfront multi-family construction (DNR 1990).
The developed-area stretches from the Alabama state line to the Perdido Key State
Recreation Area, with a few structures lying between the state recreation area and
the public beach.

B. PHYSIOGRAPHY AND GEOLOGY

The Fort Pickens Aquatic Preserve lies in the physiographic region known as the
Gulf Coastal Lowlands. The Gulf coastal lowlands extending across the southern
half of the panhandle consist generally of flat plains sloping gently to the coast

(Fernald and Patton, eds., 1984). In the western end of the panhandle the coastal
lowlands rise to form a high, sandy plateau which is characterized by coastal
terraces, separated by scarps which are carved between them.

Silver Bluff Terrace, rising 0 to 10 feet above sea level, characterizes the
geomorphology of the preserve. It is believed to have been formed near the end
of the Pleistocene around 10,000 years ago. The recent sedimentology of the area
is a result of watershed erosion since the Pleistocene epoch (Olinger et al., 1975).
During this period, Citronelle deposits were reworked and intermixed with marine
terrace sediments.

The preserve area is also characterized by the Mississippi-Alabama Shelf
depositional system and the Western Florida barrier spit depositional system. The
Mississippi-Alabama Shelf extends offshore from the DeSoto Canyon on the east
to the Mississippi River Delta on the west and from the barrier islands to the 200
meter contour line. The shelf surface is relatively smooth in the western portion;
however, south of Pensacola it becomes highly irregular. As the sand sheet thins
to the east, the limestone karst topography of the West Florida shelf predominates
(Rogers, 1988).

The Florida barrier spit and island systems were formed during the submergence
of dune beach ridges in the Holocene period. This system is composed of long
narrow islands with sandy beaches and it forms the northern boundary of the
Mississippi-Alabama Shelf of Florida (Rogers, 1988).

Approximately 8 miles of Santa Rosa Island are surrounded by the preserve. Santa
Rosa Island is a narrow barrier island, ranging from 600 to 3,500 feet in width and
averaging 2,000 feet (DNR, 1990). This island is characterized by a well-defined
primary dune ridge backed by a lower swale and a well developed secondary dune
system. A narrow tidal marsh borders the northern shoreline. At its western end,
the landward side of the island fronts on Pensacola Bay. The remainder of the
island is separated from the mainland peninsula by Santa Rosa Sound.

The beaches on the gulf side of Santa Rosa Island average 100-125 feet in width,
and are backed by dunes averaging 16 feet in height. Some dunes attain heights
of up to 40 feet and are usually associated with old gun emplacements and are not
natural features (DNR, 1990).

Dunes on Perdido Key only average about 20 feet in elevation with elevation
decreasing toward the ends of the island. Approximately 7 miles of the eastern end
of Perdido Key are surrounded by the aquatic preserve. Prior to the Perdido Key
Beach Renourishment Project in August 1990, Perdido Key was a narrow barrier
island ranging in width from 500 to 3,500 feet. As a result of renourishment the
width of 5 miles of the eastern end of Perdido Key beach was increased
approximately 400 feet at an elevation sloping from + 5 feet nautical ground vertical

distance on the landward side to + 4 feet at the seaward edge (Gibson and Looney,
1990).

The narrow width of the two islands make them subject to local storm tide
washover during major storms. Hopefully the Renourishment Project will prevent
severe damage from occurring on Perdido Key. A number of washover fans are
evident from aerial photographs on both islands prior to beach renourishment
(DNR, 1990). The foreshore slope of Santa Rosa Island still remains relatively
steep, especially towards the east, and hence, the area has recorded some of the
highest waves in the northeast Gulf of Mexico (Gorsline, 1966).

C. SURFACE WATER HYDROLOGY

The fundamental unit of surface hydrology is the dra *inage basin. A drainage basin
consists of that area which drains surface runoff to a given point (Wolfe et al.,
1988). The Escambia Bay and coastal area drainage basin is the major hydrologic
system affecting the aquatic preserve area. This basin drains approximately 1,410
kM2 . The system receives flow from a watershed including Yellow, Blackwater, and
Escambia Rivers and totaling some 18,130 kM2, of which 6,525 kM2 is located in
Florida and 11,605 kM2 in Alabama.

.The water cycle of the aquatic preserve area is also influenced by tidal fluctuations
of the Gulf of Mexico. The Pensacola area exhibits predominantly diurnal tides with
a single high and low stage occurring each tidal cycle. The average tidal range is
1.3 feet (NOAA, 1986). The diurnal nature of the tides along with the low tidal
amplitude limits the flushing capabilities of the bay system. The interaction of
freshwater discharges from the drainage basin with the gulf tides influences the
circulation patterns, sedimentation, nutrient loading, and pollution levels of the
system. In order to maintain the integrity of the aquatic preserve environment these
factors need to be considered during the planning of dredge and fill operations,
sewer systems, stormwater runoff drains, pumping stations, etc.

Another factor which must be taken into consideration is that the aquatic preserve
is located in a coastal region which is subject to salt-water encroachment if large
wells are closely spaced and heavily pumped (Musgrove et al., 1965). The
intrusion of saline ground water into the potable aquifer may become a future
problem. The increasing consumption of ground-water supplies by a growing
population will cause salt-water intrusion to be increasingly common (Wolfe et al.,
1988).

The coastal waters in the preserve area are also affected by several forces that
have little impact on the freshwaters of upland areas. In shallow inshore areas such
as those along the Panhandle coast and in estuaries, wind is the major factor
driving water circulation (Williams et al., 1977). The result of this circulation is the

net long-term movement of water and sand west along the coast during late spring,
early summer, and early fall, and east along the coast during the winter months
(Wolfe et aL, 1988).

Q. CLIMATE

Fort Pickens Aquatic Preserve has the mild, subtropical climate that is characteristic
of the Florida Panhandle. Warm summers and mild winters are a result of the
area's latitude (300 to 31 " N) and the stabilizing effect of the adjacent Gulf of Mexico
(Wolfe et al., 1988). According to data from the National Oceanographic and
Atmospheric Administration (NOAA),- the average annual temperature is 680F with
54 days having a maximum temperature above 90OF and 18 days having a
minimum temperature below 320F (NOAA, 1986).

Summer heat is tempered by sea breezes along the coast and up to 50 krn inland,
as well as by the cooling effect of frequent afternoon thundershowers. These
storms frequently cause a 100 to 200 drop in temperature (Wolfe et al., 1988).
Winter temperatures may vary quite a bit due to the frequent passage of cold
fronts. Temperatures rarely remain below freezing during the day.

Average monthly rainfall ranges from 2.99 to 7.88 inches, and there are 2 peak
rainfall periods during the year. During the summer rainfall period, June through
August, the average monthly rainfall is approximately 6.5 inches. During the late
winter rainfall period, February through April, 5.25 inches of rain is the monthly
average (Fernald and Patton, 1984). Average annual precipitation at Pensacola is
61 inches with a range from 29 to 90 inches. Summertime showers are generally
associated with convective thunderstorms and wintertime showers are frontal
related (Palik a nd Kunneke,1984).

The average annual wind speed at Pensacola is 8.3 miles per hour with prevailing
winds from the south 18 percent of the time and from the north 22 percent of the
time. Winds from the north and south generally have higher velocities than do
winds from the east.and west (USEPA, 1988).

On average, a hurricane strikes once every 17 years with fringe effects felt about
every 5 years (NOAA, 1986). Hurricane Frederick (1979) attained category 3 status
on the Saffir-Simpson scale prior to landfall 50 miles west of Perdido Key, at
Dauphin Island, Alabama. Severe damage extended well into western Florida from
the storm surge and increased wind velocities as the hurricanes front-right quadrant
moved landward from the Gulf of Mexico. Hurricane Elena also attained category
3 status during landfall on September 2, 1985 near Biloxi, Mississippi. Damage
along the barrier islands was much less than what occurred during Frederick
because Elena paralleled Northwest Florida at a distance of no less than 50 miles
offshore (Stone and Salmon, 1988).

E. WATER QUALITY

Fort Pickens Aquatic Preserve was designated as an "Outstanding Florida Water"
(OFW) on March 1, 1979. Because of their natural attributes, these water bodies
are assigned additional protection through the Department of Environmental
Regulation. Chapter 17-3, F.A.C., addresses the water quality standards by which
OFW's are managed. An OFW designation places more stringent standards on the
issuance of DER permits. Permit applications for activities that lower ambient water
quality within a designated OFW are normally denied.

Pensacola Bay, Big Lagoon, Santa Rosa Sound and the Gulf of Mexico are.the 4
water bodies which have a direct impact on the water quality of the Fort Pickens
Aquatic Preserve. Pensacola Bay receives runoff and discharges from the city of
Pensacola, Pensacola Naval Air Station, Bayou Grande, Bayou Chico, and Bayou
Texar.

The Pensacola Bay System will be under a considerable amount of scrutiny over
the next three years as implementation of the Surface Water Improvement and
Management program (S.W.I.M.) proceeds. The Florida Legislature enacted the
S.W.I.M. Act in 1987, and amended it in 1989. The act declares that it is the duty
of the state's agencies to enhance the environmental and 'scenic value of surface
waters, many of which are in a state of degraded water quality, or are in danger of
becoming degraded. The water management districts have been directed to
develop and implement plans to improve the water quality and related aspects of
the state's surface waters. Pensacola Bay System in the Northwest Florida Water
Management District has been selected as one of the top five priority water bodies
in the state, and will be addressed under the S.W.I.M. program. Needed activities,
schedules, and budgets for preservation and/or restoration are already under
development (NFWMD, 1990).

The waters of the bay system are classified by use in accordance with the rules of
the Department of Environmental Regulation. Class I waters have the most
stringent water quality criteria and Class V the least. However, Classes 1, 11, and
III surface waters share water quality criteria established to protect recreation and
the propagation and maintenance of a healthy, well-balanced population of fish and
wildlife. Most of the tributaries, and a portion of the bays within the Pensacola Bay
System are classified by the state as Class III waters, and are used for recreational
purposes (i.e. swimming, skiing, etc.) and for the maintenance of a well-balanced
fish and wild-life population (NFWMD, 1990). These Class III waters are directly
associated with the Fort Pickens Aquatic Preserve area and they are prohibited
from shellfish propagation and harvesting (Figure 3).

Santa Rosa Sound has good water quality, but it is threatened by development of
Santa Rosa Island, ditching and storm-water runoff. There are also a few waste
water treatment plants that have some seasonal problems during summer tourist

months (Hand et al., 1988). The waters of the sound which have a direct effect on
the aquatic preserve area are Class III waters.

Water quality in Big Lagoon is regularly tested by the Escambia County Health
Department. Big Lagoon, in the area affecting the aquatic preserve, has a
designation of Class III waters also. Even though extensive residential development
and recreational facilities along the northern shore of Big Lagoon pose a threat to
the water quality of the area the latest pollution sanitary survey (Merritt and Hunt,
1991) indicates that the water quality does meet bacteriological standards for
designation as Class III waters.

F. VEGETATION

The predominant habitat types of the Fort Pickens Aquatic Preserve are subtidal
and intertidal vegetation communities, (Figure 4). The subtidal cornmunities consist
primarily of seagrass and aquatic algae. The intertidal communities are salt
marshes, one of the most valuable natural resources of the northwest gulf coast.

The subtidal vegetation in the Fort Pickens Aquatic Preserve is composed mostly
of turtle-grass (Ihalassia testudinum), shoal-.grass (Halodule wrightii), and manatee-
grass (Syrincionium filiforme). These are flowering plants that produce oxygen,
stabilize sediments, produce organic carbon, provide nursery habitat, and provide
foraging and resting habitat for marine animals and sea birds. In the shallowest
areas (often in the intertidal zone) the dominate species is shoal-grass. Below the
low-tide mark, down to maximum depths of approximately ten feet, beds of turtle-
grass dominate. Mixed in with the turtle-grass (or sometimes growing alone in pure
strands) is the manatee-grass. Although not as abundant as the turtle-grass,
manatee-grass is very important to the preserve system.

Since seagrasses rely on clear water for photosynthesis, they are very susceptible
to disturbances and impacts by man. Human induced increases in turbidity
associated with dredging and erosion of adjacent uplands can decrease the photic
zone of these plants or physically smother them with silts. Increased nutrient levels
can cause a proliferation of epiphytic algas to grow on seagrass leaves, causing
reduction in photosynthetic capabilities and unnatural rates of defoliation. Industrial
pollution and discharge which causes changes in seagrass productivity and
distribution can seriously impair macroinvertebrate and fish populations in the
affected areas (Livingston, 1975). Detailed studies of submerged aquatic vegetation
indicate that selective removal of dominant vegetation types by changes in water
quality and light transmission characteristics is. associated with alteration of the
entire trophic organization of a particular system. Implications are that, although
generalized food web relationships are generally stable in a given seagrass bed
from year to year, relatively minor changes in water quality can lead to sharp
reductions in productivity and broad habitat alteration (Livingston, 1975).

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FIGURE 4: Vegetation map

Although algae make up only a small portion of the subtidal vegetation, they are
often important where they occur. Most algal growth will be found where hard-
bottom, either natural or man-made, exists. Man-made sites such as jetties, piers,
docks and artificial reefs provide hard materials upon which algas can attach and
grow. While alive the algal beds provide oxygen to the water column. As the algal
beds die back each summer, they make a contribution to the organic carbon load
that gets recycled through the aquatic system in the form of detritus. In addition
to the attached algal species, there are several free-swimming species that drift
over the shallows, particularly in the early spring, This is the time of year when the
rooted seagrasses have reduced above-seafloor growth and the algae provides
cover for the juvenile fishes utilizing the shallows.

Tidal marshes are a major component of Fort Pickens Aquatic Preserve. At least
six functions of salt marshes in estuarine ecosystems have been proposed:

1. Detrital export
2. Nutrient export
3. Sediment trapping
4. Pollutant removal
5. Critical habitat for juvenile fish and shellfish
6. Wildlife habitat

Marshes usually have distinct vegetation zonation. Smooth cordgrass (Spartina
alterniflora) forms a border along the open water within the intertidal zone. This
fringe may extend above mean high water (MHW). Landward of the cordgrass is
the black needle rush (Juncus roemerianus), usually comprising the largest
vegetated zone and the bulk of the standing plants.

Tidal fluctuation is the most, important physical factor in salt marsh communities.
The frequency and physical action of tides attributes to the fragmentation of
vegetation and the rate of decomposition. The additional nutrients, sediments and
detritus from the adjacent uplands filter into the marsh contributing to this highly
productive environment. Tidal exchanges allow for the cycling of these nutrients
and gives marine and estuarine fauna access to the marsh. This exchange or
flushing action helps to make salt marshes one of the most biologically productive
natural communities in the world, even to the degree of surpassing the most
intensive agricultural practices.

Table 1 lists many of the species of plants and algae which may be found within the
various habitats of Fort Pickens Aquatic Preserve. Several illustrations of these
vegetative species can be found in Appendix B.

TABLE 1:

ALGAE AND VEGETATION OF FORT PICKENS AQUATIC PRESERVE

Common Name Scientific Name

Sawgrass Cladium iamaicense
Flat sedge Cyperus spp.
Seashore Saitgrass Distichlis spicata
Spikerush Eleocharis spp.
Umbrella grass Fuirena squarrosa
Shoal Grass Halodule wriahtii
Black Needlerush Juncus roemerianus
Shoregrass Moanathochloe littoralis
Paspalum Paspalum spp.
Seashore Paspalum Pasgalum vaginatum
Common Reed Phraamites australis
Saltmarsh Bullrush Scirpus robustus
Smooth Cordgrass Spartina alterniflora
Cordgrass Spartina patens
Gulf Cordgrass Spartina spartinae
Whorled dropseed Sporobolus gyramidatus
Seashore dropseed Sporobolus virginicus
Manatee grass Syringonium filiforme
Turtle Grass Thalassia testudinum

ALGAL SPECIES

Class: Cyanoph3da Class: Chlorophyla
Calothrix crustacea Acetabularia crenulata
Dichothrix penicillata Acetabularia farlowii
Entophysalis conferata CaulerDa orolifera
Entrophysalis deusta Chaetomorpha linum
Lyngbya confervoides Cladophora gracilis
Lyngbya maouscula Cladophora fulginosa
Lyngbya serniplena Cladophoropsis membranacea
Microcoleus tenerrimus Codium decoratum
Plectonema calothrichoides Enteromorpha clathrata
Enteromorpha flexuosa
Class: Rhodophyta Enteromorlpha lingulata
Bost!ychia radicans Enteromorpha plumosa
Bost[ychia uvaria Entocladia viridis
Ceramium fasticiiatum Halimeda tridens

TABLE 1: (cont)

ALGAE AND VEGETATION OF FORT PICKENS AQUATIC PRESERVE'

Class: Rhodloph3da Class: Chloroph1da
Chondria cnicophylla Monostroma latissimum
Chondria littoralis Penicillus lamourouxii
Chondria sedifolia Portoderma marinum
Eucheuma acanthocladium Udotea conglutinata
Fosliella farinosa Ulva lactuca
Gelidium comeum
Gelidiurn crinale
Halymenia pseudofloresia Class: PhaeophAa
Jania rubens DigNota dichotoma
Laurencia intricata Ectocarpus coinfervoides
laurencia obtusa Ectocarpus mitchellae
Laurencia pgLitei Pandina vickersiae
Lithothamniurn occidentale Sargassum filipendula
Polysiphonia echinata Sargassum linifoliurn
Polysiphonia howei Sporochnus pendunculatus
Polysiphonia subtilissima

.G. FISH AND WILDLIFE

The wildlife value associated with highly productive. salt marsh communities is
extremely important. The linking of estuarine with freshwater environments forms
a necessary habitat for the feeding and breeding of many species. Ranging from
protozoa to mammals, the animal populations are of considerable variety.

Marsh animals exhibit zonation patterns similar to vegetation, due to habitat
preferences. Environmental parameters affecting their distribution and zonation
include salinity, inundation, substrate character, pH, oxygen level, light, humidity,
and temperature as well as fire and wind.

The frequency of tidal flooding or proximity to tidally affected waters, as well as the
availability of detritus, are two of the principal factors influencing the species
diversity and density of aquatic and intertidal salt marsh organisms. In addition to
providing an area of abundant food, the protective qualities of salt marshes provide
reproduction and juvenile development habitat for many fish and small animal
species.

Primary and secondary consumers such as amphipods, shrimp, crabs, clams,
oysters, snails, worms, and fish feed on the abundant supply of detritus, plankton
and animal protein that is generated from salt marshes. Various rodents such as
the marsh rice rat and cotton mouse, and birds like rails, willets, seaside sparrows,
and marsh wrens, all utilize salt marshes for denning of nesting habitat. Other
mammals such as the raccoon, opossum, marsh rabbit, and wading birds like
herons and egrets frequent the marshes edges primarily to feed.

Partial destruction of habitat often breaks up productive ecological communities into
smaller isolated subunits by destroying the vegetation which produces habitat
continuity. These linkages or corridors allow for the necessary movement of wildlife
that may by vital for specific breeding or foraging activities. Habitat disturbance and
destruction are the major causes of decline and loss of species.

Tables 2-5 illustrates the wide range of fish and wildlife which are found within the
aquatic preserve and its adjacent area. Some species are restricted to this
semiaquatic semiterrestrial habitat, while others can be found in the adjacent upland
communities as well at in the preserve.

Fish/shellfish

More than 100 families of finfish and a wide variety of shellfish have been reported
Jrom the marshes, estuaries and coastal waters of Fort Pickens Aquatic Preserve
(Table 2). More than 200 species have been reported in the waters of the
Pensacola Bay system alone. The open water habitats contain numerous species
of commercial and recreational importance and the estuarine and marsh areas
serve as "nursery grounds" for many of the juvenile and larval forms of marine
organisms. These include brown and pink shrimp, ladyfish, spotted seatrout, red
drum, silver perch, Atlantic croaker, spot, southern kingfish, gulf menhaden, striped
mullet, and sheepshead (Wolfe et al., 1988).

Though many marsh species have little commercial importance, their diverse
feeding habits and intense utilization of marsh resources makes them especially
important in transferring energy.from the marsh to the estuary and coastal waters
and thus to commercially valuable species. Nursery species and marsh foraging
species consume detritus, larval organisms, and plankton at the base of the food
web in the marsh and then introduce this energy to the estuarine and nearshore
food webs when they leave the marsh. Foraging carnivores also provide atrophic
link between the marsh and adjacent ecosystems.
Fish species found in the Fort Pickens Aquatic Preserve inhabit a variety of habitats.
Pompano, blue.runner, whiting and other forage and juvenile species can be found
in the sandy surf-zone. Unvegetated, sand bottom habitats are inhabited by
burrowing types such as flounder, stingrays, jawfishes, and inshore lizard fishes.
Non-burrowing types consist of the sand perch, pigfish and spot. Mud bottom
habitats are preferred by mullet, croaker, silver perch and catfish. Anchovies and

silversides are important forage species and can be seen in the shallow bay waters
at the surface where they feed. The seagrass beds have a diverse assemblage of
fish populations including mullet, pinfish, needlefish, mojarra, seahorses, pipefish,
blennies and gobies. "Hard" habitats such as piers, docks, artificial reefs and jetties
contain many of the "pretty" tropical species such as cocoa damsels, angelfishes,
parrotfishes, spadefishes, and butterfly fishes. These tropical species are seasonal,
arriving by currents in the warmer months, and dying off in the colder months.
Wrasses, groupers and snappers are also found along these hard substrates.

In Florida, the number of species actually harvested either entirely or principally in
the estuaries is surprisingly limited. But estuaries play a significant role in the
production of many shellfishes and finfishes that ultimately are harvested mainly at
sea. About 50 commercial and 65 recreational species caught in the Gulf of Mexico
spend at least some portion of their lives in estuarine systems such as those within
Fort Pickens Aquatic Preserve. Seabasses, jacks, snappers, sheepshead, spot,
mackerel, and flounders are a few examples of estuarine dependent species which
may be taken either offshore in the gulf or-in the estuary (Comp and Seaman,
1985).

TABLE 2:

FINFISH FAMILIES FOUND IN FORT PICKENS AQUATIC PRESERVE

Acanthuridae Carcharhinidae Fistulariidae
Acipenseridae Centrolophidae Gadidae
Albulidae Centropomidae Gerreidae
Anguillidae Chaetodontidae Gobiesocidae
Antennariidae Cirrhitidae Gobiidae
Ariidae Clupeidae Grammistidae
Ariommidae Clinidae Gymnuridae
Atherinidae Congridae Holocentridae
Aulostomidae Coryphaenidae Ictaluridae
Apogonidae Cynoglossidae Istiophoridae
Balistidae Dactylopteridae Labridae
Batrachoididae Dactyloscopidae Lammidae
Belonidae Dasyatidae Lepisosteidae
Blenniidae Diodontidae Lobotidae
Bothidae Dysommidae Lutjanidae
Bramidae Echeneidae Microdesmidae
Branch iosteg idae Elopidae Mobulidae
Bregmacerotidae Engraulidae Mugilidae
Carapidae Ephippidae Mullidae
Carangidae Exocoetidae Muraenesocidae

TABLE 2: (cont.)

FINFISH FAMILIES FOUND IN FORT PICKENS.AQUATIC PRESERVE

Muraenidae Pomadasyidae Sparidae
Mylobatidae Pomatomidae Sphyraenidae
Nomeidae Priacanthidae Squalidae
Odontaspididae Pristidae Squantinidae
Ogocephalidae Rachycentridae Stromateidae
Ophichthidae Rajidae Syngnathidae
Ophidiidae Rhincodontidae Synodontidae
Opsitognathidae Rhinobatidae Tetraodontidae
Orectolobidae Scaridae Torpendinidae
Ostraciidae Sciaenidae Trichiuridae
Percichthyidae Scombridae Triglidae
Poeciliidae Scorpaenidae Uranoscopidae
Polynemidae Serranidae Xiphiidae
Pomacentridae Soleidae

Reptiles/Amphibians

The coastal strand, saltmarsh, estuarine, and marine environments within the
aquatic preserve exhibit severely stressful conditions. Arid conditions and extremes
in temperature and salinity limit the types of organisms which can inhabit this area
(Table 3). In order to inhabit these areas the preserve organisms must have a
tolerance for these conditions.

The upland dune community adjacent to the aquatic preserve is hot and dry; few
amphibians can tolerate the extreme conditions. The southern toad occasionally
takes refuge in burrows and forages at night at the base of the dunes. Toads can
be abundant in coastal strand environments as can the southern leopard frog
because both breed in temporary ponds of the interdune flats.

The various habitats found adjacent to the aquatic preserve may be well-endowed
with reptile species because these species are best adapted for dry terrestrial
environments. Several types of snakes and land turtles are abundant in the coastal
strands. Reptiles such as sea turtles are better adapted to the salinity ranges of
the gulf and estuarine waters.

The Atlantic loggerhead sea turtle (Caretta caretta) may be found in and around
Fort Pickens Aquatic Preserve. The frequency of reported sightings of loggerheads
in this area has increased over the past five years. Whether this increase is due
to the presence of more loggerheads or more "loggerhead-watchers" has yet to be

30,

determined (Dr. Collard, University of West Florida, Pers. Comm., 1991). The
loggerhead is listed by the U.S. Fish and Wildlife Service as a threatened species.

Other sea turtles such as the green sea turtle (Chelonia midas), and the
leatherback sea turtle (Dermochelysqoriacea) have been reported in the area but
these are rare sightings. The leatherback turtle is listed as threatened and the
green turtle is listed as endangered by the U.S. Fish and Wildlife Service.

Another species of sea turtle, the Kemps Ridley (Lepidoche!ys Epm ii), is an
occasional visitor to this area. Several strandings of Kemps Ridley sea turtles have
been documented within the Florida district of Gulf Islands National Seashore (Carl
Zimmerman, Resource Management Specialist, Gulf Islands National Seashore,
Pers. Comm., 1991).

TABLE 3:

REPTILES AND AMPHIBIANS IN AND ADJACENT TO FORT PICKENS
AQUATIC PRESERVE

Common Name Scientific Name

Cottonmouth Aqkistrodon piscivorus
American Alligator Alligator mississipl2iensis
Southern Toad Buffo terrestris
Atlantic Loggerhead Caretta caretta
Green Turtle Chelonia midas
Black Racer Coluber constrictor
Leatherback Turtle Dermochelys coriacea
Atlantic Ridley Turtle Lepidochelys kempii
Alligator Snapping Turtle Macrochlemys temmenckii
Coachwhip Masticophis flagellum
Southern Leopard Frog Rana sphenocep!iala
Pygmy Rattlesnake Sistrurus miliarius
Garter Snake Thamnoghis sirtalis

Birds

Over 280 species of birds have been identified in the aquatic preserve and its
adjacent upland areas. Fort Pickens Aquatic Preserve and the adjacent area
comprise several diverse ecological communities which attract a variety of bird life.
Gulf beaches, dunes, fresh and saltwater marshes, and nearby wooded areas
provide a wide range of wildlife habitats.

Table 4 represents a list of bird species which have been identified within these
various habitats in the aquatic preserve area. Many of these species are area
transients, using this area as a resting place on their way to summer or wintering
grounds. Others are accidental visitors, far from their natural home ranges. The
majority of the species found within the preserve are summer, winter, and/or annual
residents. Many of these species are dependent on the marine/estuarine
environment. Species such as the double crested cormorant, red breasted
merganser, brown pelican and black skimmer depend on the gulf for food, and its
environs for shelter. Numerous other species depend on marine and estuarine
wetlands to fulfill life history requirements.

Within the marsh community, birds comprise one of the large herbivore groups and
they also play a significant role in both the immediate marsh and estuarine food
webs. Marsh areas within the aquatic preserve support year round residents
(clapper rail and great blue heron), summer nesting species (least bittern), migrants
(American widgeon), casual feeders (great egrets), and summer visitors (white ibis).
Many coastal birds use the marsh habitats as secondary breeding and dispersal
areas. The marsh provides an ideal environment for breeding birds. The dense
vegetation and the isolated nature of many marsh tracts restricts access by
predators, especially the raccoon. Small fish, as well as an abundant invertebrate
population, provide food for both adults and young fledglings (Stout, 1984).

TABLE 4:

BIRD SPECIES OF FORT PICKENS AQUATIC PRESERVE

Common Name Scientific Name

Cooper's Hawk Accigite cooperii
Sharp-Skinned Hawk Accipiter striatus
Spotted Sandpiper Actitus marcularia
Red Winged Blackbird Agelaius phoeniceus
Northern Pintail Anas acuta
Green-Winged Teal Anas crecca
Blue-Winged Teal Anas discors;
Mottled Duck Anas fulvigula
Mallard Anas r)latvrhvnchos
American Black Duck Anas rubril2es
Gadwall Anas streperta
Anhinga Anhinga anhinga
Wood Duck Aix soonsa
Great Blue Heron Ardea herodias
Ruddy Turnstone Arenaria interpres

TABLE 4: (cont)

BIRD SPECIES OF FORT PICKENS AQUATIC PRESERVE

Common Name Scientific Name

Lesser Scaup A)dhya affinis
Redhead &1hya americana
Ringneck Duck AZhya collaris
Greater Scaup &8hya marila
Canvasback AAhya valisineria
Upland Plover Bartramia lonaicauda

'
American Bittern Botaurus lentigenosus
Bufflehead Buceghala albeola
Common Goldeneye Bucephala clangula
Red-shouldered Hawk Buteo lineatus
Red-tailed Hawk Buteo *amaicensis
Broad-winged Hawk Buteo platypterus
Green Backed Heron Buteroides striatus
Red Knot Calidris canutus
Sanderling Calidris alba
Dunlin Calidris b1pina
Semipalmated Sandpiper Calidris pusilla
Great Egret Casmerodius albus
Boat-tailed Grackle Cassidix mexicanus
Turkey Vulture Cathartes aura
Willet Catoptrophorus sernipalmatus
Piping Plover Charadrius melodus
Semipalmated Plover Charadrius sernipalmatus
Killdeer Charadrius vociferus
Wilson's Plover Charadrius wilsonia
Snow Goose Chen hvr)erborea
Black Tern Chlidonias g!W
Oldsquaw Clanoula hyemalis
Black Vulture Coragyps atratus
Fish Crow Corus ossifraaus
Reddish Egert Dichromanassa rufescens
Tricolor Heron Earetta tricolor
Swallow-tailed Kite Elanoides forficatus
Western Sandpiper Ereunetes mauri
Barid's Sandpiper Erolia bairdii
White-rumped Sandpiper Erolia fuscicollis
Pectoral Sandpiper Erolia melanotos
Least Sandpiper -- Erolia minutilla

TABLE 4 (cont):

BIRD SPECIES OF FORT PICKENS AQUATIC PRESERVE

Common Name Scientific Name

White Ibis Eudocimus albus
Merlin Falco columbarius
Peregrine Falcon Falco perearinus
American Kestrel Falco sparverius
Little Blue Heron Florida caerulea
Magnificiant Frigatebird Fregata magnificens
American Coot fulica americana
Common Snipe Gallinago gallinago
Common Loon 'Gaxia immer
Gulf-billed Tern Gelochelidon nilotica
American Oystercatcher Haematopus palliatus
Bald Eagle Haliaeetus leucocephalus
Black-necked Stilt Himantopus mexicanus
Caspian Tern Hydroprogone caspia
Mississippi Kite Ictinia misisippiensis
Least Bittern Ixob[ychus exilis
Herring Gull Larus argentatus
Laughing Gull Larus atricilla
Ringbilled Gull Larus delawarensis
Greater black-backed Gull Larus marinus
Bonaparte's Gull Larus philadelghia
Snowy Egret Leucophoyx thula
Marbled Godwit Limosa fedoa
Short-billed Dowitcher Limnodromus griseus
Long-billed Dowitcher Limnodromus scolopaceus
Hooded Merganser LoghodZes cucullatus
American Wigeon Mareca americana
Belted Kingfisher Megaceryle alcyon
White-winged Scooter Melanitta dealandi
Surf Scooter Melanitta gerspicillata
Red-breasted Merganser Meraus serrator
Stilt Sandpiper Microgalama himantgpus
Gannett Morcus bassanus
Long-billed Curlew Numenius americanus
Whimbrel . Numenius phaeopus
Black-crowned Night Heron Nycticorax nycticorax
Yellow-Crowned Night Heron Nycticorax violaceus
Black Scooter Oidemia nigra

TABLE 4 (cont):

BIRD SPECIES OF FORT PICKENS AQUATIC PRESERVE

Common Name Scientific Name

Ruddy Duck Oaura
Osprey Pandion haliaetus
American White Pelican Pelicanus eWhrorhynchos
Brown Pelican Pelicanus occidentalis
Double-Crested Cormorant Phalacrocorax auritus
Glossy Ibis Plegadis falcinellus
Black-Bellied Plover Pluvialis squatarola
Horned Grebe Podiceps auritus
Eared Grebe Podiceps caspicus
Pied-billed Grebe Podilymbus podiceps
Common Grackle Quiscalus guiscula
Clapper Rail Rallus lonairostris scotti
King Rail Rallus elegans
Virginia Rail Rallus limicola
American Avocet Recurvirostra americana
Black Skimmer Ryhchops DiM
American Woodcock Scolopax minor
Northern Shovler Spatula clypeata
Wilson's Phalarope Steganopus tricolor
Least Tern Sterna albrifrons
Forster's Tern Sterna forsteri
Sooty Tern Sterna fuscatc
Common Tern Sterna hirundo
Royal Tern Sterna maxima
Sandwich Tern Sterna sandvincensis
Blue-faced Booby Sula daMlatra
Brown Booby Sula leucociaste
Lesser Yellowlegs Totanus flavipes
Greater Yellowlegs Trinaa melanoleuca
Solitary Sandpiper Tringa solitaria
Buff-breasted Sandpiper T[yngites subruficollis

Mammals

The mammals which are found within or adjacent to Fort Pickens Aquatic Preserve
must also be able to survive the extreme conditions of the varying habitats. Coastal
scrub communities of Santa Rosa Island and Perdido Key have populations of light-

colored beach rodents (cotton rats and rice rats) that burrow in the sand of the
dune habitats as well as marsh areas. The marsh rice rat is the most abundant of
all coastal marsh mammals. This rat is a good swimmer and may be observed
feeding in the lower marsh. The hispid cotton rat is more terrestrial and prefers the
higher, less frequently flooded marsh/upland interface (Stout, 1984).

Santa Rosa Island and Perdido Key are also home to the Santa Rosa beach mouse
and the Perdido Key beach mouse, respectively. These light colored mice are
restricted to the primary dune habitats and do not generally frequent nor construct
burrows in marsh areas (Carl Zimmerman, Gulf Islands National Seashore, Pers.
Comm., 1991). The Perdido Key beach mouse, a federally listed endangered
species, suffered a major population decline following Hurricane Frederick in 1979
(Meyers, 1983; Holler and Mason, 1988). The species appears to have undergone
a dramatic increase and is making a successful comeback due to the joint efforts
of the Florida Game and Fresh Water Fish Commission, the National Park Service,
and the U.S. Fish and Wildlife Service.

A few mammalian species may be found in the tidal marsh habitats but resident
mammals are few; nutria, round tailed muskrat and marsh rabbits make up this
group.

Predator species include the raccoon, mink and the long-tailed weasel who
generally feeds on grubs and insects at the marsh/upland interface. All of the other
predators have mixed diets of small mammals, birds, benthic invertebrates., and
fish.

Marine mammals such as the bottle-nosed dolphin travel the waters of Fort Pic kens
Aquatic Preserve. Bottle-nosed dolphins are regular visitors to the preserve, often
feeding on the smaller fish inhabiting the preserve waters.

TABLE 5:

MAMMALS FOUND AT OR IN THE VICINITY OF FORT PICKENS
AQUATIC PRESERVE

Common Name Scientific Name

Bottle-Nosed Dolphin Delphinus delphis
Striped Skunk Mel?hitis mephitis
Long-tailed Weasel Mustela frenata
Nutria Myocastor coypus bonariensis
Rice Rat O[yzomys galustris
Raccoon Progyon lotor

TABLE 5: (cont.)

MAMMALS FOUND AT OR IN THE VICINITY OF FORT PICKENS
AQUATIC PRESERVE

Common Name Scientific Name

Eastern Grey Squirrel Sciurus carolinensis
Cotton Rat Siamodon hispidus
Marsh Rabbit Sylvilagus palustris
Gray Fox Urogyon cineregargenteus
Red Fox Vulpes fulva
Santa Rosa Beach Mouse Peromyscus polionotis leucocephalus
Perdido Key Beach Mouse Peromyscus polionotis trissyllepsis

H. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN

Table 6 provides a list of animal species assumed to be found at or in the vicinity
of Fort Pickens Aquatic Preserve. These species have been given legal protection
pursuant to the U.S. Fish and Wildlife Service (USFWS) Endangered Species Act
of 1973, and/or the Florida Game and Fresh Water Fish Commission (FGFWFC)
regulations.

Listed species may be classified as endangered (E), threatened M, of special
concern (SSC), or under review (UR) for such listing. Endangered species are
those threatened with extinction if deleterious factors affecting their populations
.continue. These are species whose numbers have already declined to such a
critically low level, or whose habitats have been so seriously reduced or degraded
that without active assistance, survival is questionable.

Threatened species populations, although not as critically stressed as endangered
species, are also jeopardized. Species of special concern are those that warrant
special attention due to similarity in appearance to other species, commercial
exploitation, environmental changes, and/or. long-term population declines. Species
of this category may also have potential impact on endangered or threatened
populations of other species.

TABLE 6:

ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN LIKELY
TO OCCUR IN FORT PICKENS AQUATIC PRESERVE.

COMMON NAMEISCIENTIFIC NAME FGFWFC USFWS

BIRDS:

Southeastern Snowy Plover
Charadrius alexandrinus tenuirostris T UR2

Piping Plover
Charadrius melodus T T

Little Blue Heron
Earetta caerulea SSC

Snowy Egret
Egretta thula SSC

Tricolored Heron
Earetta tricolor SSC

Peregrine Falcon
Falco perearinus E T

Southeastern American Kestral
Falco sparverius paulus T UR2

American Oystercatcher
Haematopus l2alliatus SSC

Wood Stork
Mysteria americana E E

Osprey
Pandion haliaetus SSC

Brown Pelican
Pelecanus occidentalis SSC

Least Tern
Sterna antillarum T

TABLE 6: (cont.)

ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN LIKELY
TO OCCUR IN FORT PICKENS AQUATIC PRESERVE.

COMMON NAMEISCIENTIFIC NAME FGFWFC USFWS

MAMMALS:

Santa Rosa Beach Mouse
Peromyscus polionotus leucocephalus UR2 UR2

Perdido Key Beach Mouse
Peromyscus polionotus trissyllepsis E E

REPTILES:

American Alligator
Alligator mississippiensis SSC T(s/a)

Loggerhead Turtle
Caretta caretta T T

Green Turtle
Chelonia midas E E

Leatherback Turtle
Dermochelys coriacea E E

Kemps Ridley
Lepidochelys kempii E E

Alligator Snapping Turtle
Macrochlemys temmenckii SSC UR2

FISH:

Saltmarsh Topminnow
Fundulus SSC

FGFWFC= Florida Game & Fresh Water Fish Commission
USFWS = United States Fish & Wildlife Service
E = Endangered
T = Threatened
T(s/a) = Threatened due to similarity of appearance
SSC = Species of Special Concern
UR2 = Under review for federal listing, but substantial evidence of biological
vulnerability and/or threat is lacking.

1. CULTURAL RESOURCES

Cultural resources are an important part of the management of aquatic preserves
in Florida. A total of 3,556 archaeological sites are listed on the Florida Master Site
File of the Florida Division of Historical Resources for the northwest Gulf of Mexico.

To date, 955 archaeological and historic sites have been recorded for Escambia
county alone. The Gulf Islands National Seashore contains 121 known
archaeological and cultural sites, 12 of which are listed on the National Register of
Historic Places. Further study reveals that 40 of these sites are located within Fort
Pickens Aquatic Preserve.

Fort Pickens, a masonry style pre-civil war fort, located on the western end of Santa
Rosa Island and the Perdido Key Historic District, which is located on the eastern
end of Perdido Key, are 2 of the 12 sites listed on the National Register of Historic
Places.

The first European settlements in northwest Florida occurred in the mid-1 500's
along coastal areas that were navigable by boat. Over the last four-and-a half
centuries these coastal waters have been utilized by vessels of many different
nationalities with many different missions.

The historic and archaeological resources of Fort Pickens Aquatic Preserve are
represented by the unlucky ships whose remains litter the bottoms of Pensacola
Bay, Pensacola Pass, Santa Rosa Sound and the Gulf of Mexico.

Most of the terrestrial sites, on the adjacent uplands have been surveyed for their
cultural resources according to the National Historic Preservation Act.
Unfortunately, much of the underwater acreage within the aquatic preserve has not
been studied. As of January 1991, only 5 submerged sites in the aqu atic preserve
had been studied and recorded in the Florida Master Site File Inventory. These
sites included: three shipwrecks - 1) the "E.W.Fowler", 2) the "Sport", 3) the
"Convoy"; a pre-civil war fort 4) Fort McRee; and 5) a 19th century cannon found
in Pensacola Pass.

At the present time, a survey of Pensacola shipwrecks is being made throughout
the entire Pensacola Bay System. The project, which began in March 1991, is
being conducted by Dr. Roger Smith, the state's underwater archaeologist. The
goal of the study is to make an inventory and assessment of shipwreck sites and
other underwater materials in the Pensacola Bay System. The survey will determine
what relics are in the bays, their value, and develop a management plan for these
newly discovered cultural resources.

The shipwreck survey has already produced 140 targets in the Pensacola Bay
system and has spurred a proposal for an underwater archaeological preserve.

The remains of the U.S.S. Massachusetts, the nation's oldest surviving battleship,
are located in shallow water off the coast of Perdido Key. Dr. Smith proposes to
establish an Underwater Archaeological Preserve on the sunken remains of the
ship. Such a preserve would set the Massachusetts aside for its own protection
and for public enjoyment. By making important historic shipwreck sites available
to citizens and visitors, an appreciation and understanding of the irreplaceable
remnants of Florida's maritime heritage would be encouraged (See Chapter V for
more details).

J. REGIONAL LAND USE, DEVELOPMENT AND ASSOCIATED IMPACTS

Adjacent Upland Use:

The upland properties of Santa Rosa Island and Perdido Key, which are directly
adjacent to Fort Pickens Aquatic Preserve are presently zoned as "Conservation"
areas (Figure 5). The county's zoning category, Conservation, as defined in the
Escambia County Comprehensive Plan, designates these uplands as "unsuited for
development" and these areas may only be used for "activities which are
compatible with the purpose of conserving or protecting the natural resources of
the area." Such activities would include flood control, wildlife habitat protection,
resource-oriented recreational uses, and where appropriate silviculture, using best
management practices as defined by the Florida Division of Forestry.

The purpose of this zoning classification is to identify public and private land which
will be held for conservation of natural features. These barrier islands are part of
the Gulf Islands National Seashore (GINS). The GINS is an area that has been set
aside, by Congress, for recreation and for its natural and historic resources.
These uplands will remain protected and undeveloped in order to protect their
distinctive natural features for the enjoyment of future generations.

Within GINS, on Santa Rosa Island, the National Park Service has developed
resource-oriented park facilities centered around the preservation of Fort Pickens
and the natural, beauty of the gulf beaches and coastal marshes. This park area

provides easy access to the aquatic preserve by way of beach access boardwalks,
dune overwalks, nature trails, picnic areas, parking facilities, and a fishing pier.

The Perdido Key GINS area also provides access to the preserve at an area known
as Johnson Beach. This popular recreation area provides boardwalks, nature trails,
a boat ramp, and bathing and picnicking facilities, all of which allow the public easy
access to the aquatic preserve.

It should be noted that although the northern shore of Big Lagoon is not
immediately adjacent to the aquatic preserve, it is an area which has a direct impact
upon the preserve. The boat docks which accompany single and multi-family
dwellings and marinas along this shore provide private access to the aquatic
preserve. Big Lagoon State Park, which is also located on the north shore, has a
boat ramp, boardwalks, and picnic areas which are open to the public. Public and
private accesses on Big Lagoon's north shore, as well as those of the immediate
upland areas, allow for increased recreational use of the aquatic preserve.

Uses of the Preserve:

The 'uses of Fort Pickens Aquatic Preserve can be divided into three general
categories: Recreation, Research and Preservation.

Recreation - Although the_ submerged lands of the aquatic
preserve are not designated as recreation areas, they are easily accessed by
way of the adjacent uplands. Boat ramps, boardwalks, nature trails, fishing
piers, and private docks all provide a means by which the public can enjoy the
aquatic preserve. Popular recreational activities include swimming, snorkeling,
scuba diving, sunbathing, boating, fishing, bird watching, and beach combing.

Research - Aquatic preserves are submerged lands of
exceptional beauty which are to be maintained in their natural or existing
conditions. The unique environmental conditions in these areas create very
delicate and productive ecosystems within which various types of marine
organisms exist. This environment provides the prefect setting through which
scientists can study the natural conditions of barrier islands and how those
condition s are affected by man.

Several research projects, conducted through contract by Gulf Islands National
Seashore, have been, or are currently, taking place within Fort Pickens Aquatic
Preserve and its adjacent uplands. Gibson and Looney (1990), of the University
of West Florida, are presently studying the effect of beach renourishment on the
barrier island plant community of Perdido Key. Dr. Richard Heard of the Gulf
Coast Marine Research Lab at Ocean Springs, Mississippi, is also studying the
effects of beach renourishment but his emphasis is being placed on the
macroinvertebrates of Perdido Key. Dr. Jerome Coling, also of the University

0
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MILES 292

Seaglades

LAGOoN

Nr
BIG

VDO

...........
OF
C, LJ LF

FIGURE 5: Adjacent Land Use Map

SAY
PENSACOLA

41 ISLAND
SANTA
MEXICO
'GULF OF

WILES

FIGURE 5: Adjacent Land Use Map

of West Florida, has previously conducted research on the physiographic
changes taking place at Perdido Key. Dr. Norbert Psuty and K.A. Jagger (1990)
of Rutgers University studied shoreline changes on Perdido Key.

The Florida Legislature enacted the Surface Water Improvement and
Management (S.W.I.M.) Act in 1987 and amended it in 1989. This act declares
that it is the duty of the state's agencies to enhance the environmental and
scenic value of surface waters. This declaration has prompted several research
projects which will determine the quality of the waters of the Pensacola Bay
system - of which Pensacola Bay and Santa Rosa Sound are a large part.
Strategies will be designed to protect and enhance the waters and their related
resources. These studies represent but a few of the projects which are taking
place within the preserves unique environment.

Preservation - The northwest Florida coastline is one of
this states most distinctive natural features. This natural beauty has always
been one of Florida's major attractions for both tourists and residents. Aquatic
preserves were created in order to protect these distinctive natural features.
The major management objective of Fort Pickens Aquatic Preserve is to
maintain and enhance resources such as seagrasses, aquatic plants, birds and
fish. Only through careful preservation of these resources can the public's
continued enjoyment of this natural area be. insured.

Future Use:

Gulf Islands National Seashore personnel plan to provide a passenger ferry from
Fort Barrancas, Pensacola Naval Air Station, to the dock at the old Coast Guard
Station 'at the Fort Pickens Unit. Once approved, the project will require
modifications to the existing dock to accommodate the passenger ferry. The
management of the national seashore plans no further development within the
aquatic preserve, in keeping with the preservation philosophy of the National Park
Service.

If, for any reason, Gulf Islands National Seashore ceases to exist, the upland
property will revert back to state ownership.

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CHAPTERIV

MANAGEMENT AREAS

A. INTRODUCTION

This chapter divides the Fort Pickens Aquatic Preserve into separate management
areas and delineates allowable uses (e.g., activities and structures) associated with
each area. Each management area is classified by the value of natural and cultural
resources (e.g., types, occurrence) on submerged lands adjacent to the type of
upland use. The land adjacent to the Fort Pickens Aquatic Preserve is entirely
owned by the federal government. The land is managed as the Gulf Islands
National Seashore, and falls under the jurisdiction of the National Park Service, U.S.
Department of the Interior. Consequently, the upland zoning and future land uses
of this area are not expected to change from itsz@ present designation of
"Conservation".

The purpose of this chapter is four-fold: (1) to provide a better understanding of
the general rule criteria designed to preserve and protect resources and habitat, (2)
to identify the types of allowable uses on state-owned submerged lands within a
preserve, (3) to provide local planners with a guide for land use decisions, and (4)
to provide both the staff of the Bureau of Submerged Lands and Preserves and
other agencies a continuity of direction in the management of this preserve. As
such, this intent will afford habitat protection while lending- some measure of
predictability for allowable uses in the aquatic preserve.

Prior to providing the criteria for specific resource management areas, it is
important that the intent, jurisdiction, and limitations of Florida's Aquatic Preserve
Program be reiterated. Section 258.36, F.S., states that "it is the intent of -the
Legislature that the state-owned submerged lands in areas which have exceptional
biological, aesthetic, and scientific value ... be set aside forever as aquatic preserves
or sanctuaries for the benefit of future generations." The program has jurisdiction
over the use of state-owned submerged lands within the boundaries of a given
preserve. Activities which occur outside the boundaries of an aquatic preserve or
which do not directly affect state-owned submerged lands are not within the
jurisdiction of the Aquatic Preserve Program (e.g., adjacent upland uses, regulation
of commercial fishing).

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

B. MANAGEMENT AREA CLASSIFICATIONS

A key component of the management program for any aquatic preserve is the
division of the preserve into management areas. The classification of management
areas in an aquatic preserve is based upon the resource value of the submerged
lands within the preserve associated with existing and proposed future land uses
on the adjacent uplands as designated in the local government comprehensive
plan(s). As in the delineation of upland uses through zoning, the delineation of a
preserve into management areas is two-fold: (1) to identify areas of public and
private uses, and (2) to provide standards with which proposed uses and activities
must comply. The intent of these management area classifications is to make
potential development activities compatible with resource protection goals.

Designated or existing land uses are incorporated into the classification of
management areas because use of the adjacent uplands has a direct bearing on
the intensity of demand for uses of state-owned submerged lands. As mentioned
earlier, the Aquatic Preserve Program has no jurisdiction over the designated use
of the adjacent uplands within the GINS. The incorporation of a designated land
use into the management area classification. is simply an acknowledgement of how
a specific upland area is used. Since all adjacent uplands to the preserve are
under federal ownership the specific land uses to be incorporated in the
classification of management areas in the Fort Pickens Aquatic Preserve is limited
to the following categories:

Public Recreation (PRI: This category represents state-owned submerged
lands adjacent to land designated on a future land use map as public
recreation /preservation and is utilized for the purpose of public recreation.
It is intended to include (1) areas where structures are used by the general
public at no charge and (2) federal, state, and municipal parks that charge
a nominal fee. Military property, while not always -open to the public, is
included in this category since the buildings and grounds are often
designated as public facilities.

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

The land use classifications listed above are assigned an appropriate number to
identify the resource value of the adjacent submerged lands. The methodology
used to determine this resource value shall be consistent with the latest
methodology approved by the Bureau of Submerged Lands and Preserves.

If an area.within the preserve contains natural or cultural resources of significant
value it is identified as a Primary Resource Protection Area (PRPA), and is
assigned a resource value of "Ill". A PRPA essentially combines Resource

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

Submerged areas that are characterized by the absence of resource attributes will
be identified as a Secondary Resource Protection Area (SRPA) and assigned
a resource value of "2". A SRPA is a Resource Protection Area 3 as defined by
Section 18-20.003(33), F.A.C.

As stated previously, resource values are to be incorporated into the classification
of management areas. For instance, if a submerged area within the preserve is
determined to have a resource value of 1 and the adjacent uplands is zoned as
public recreation/preservation (PR), then this management area would be classified
as PR/1.

C. MINIMUM CRITERIA FOR ALLOWABLE USES

Chapter 18-20, F.A.C., provides the minimum standards with regard to theutilization
of state-owned submerged lands within an aquatic preserve as -authorized by the
Board of Trustees and the Department of Natural Resources. It should be noted
that other regulatory agencies rules and jurisdictions over activities may also apply
within aquatic preserves. The minimum standards for allowable uses in the
preserve are -detailed below.

All Dock Structures: Section 18-20.004(5)(a), F.A.C., states that all docking
facilities within an aquatic preserve shall meet the following standards and criteria:

1 . no dock shall extend waterward of the mean or ordinary high water
line more than 500 feet or 20 % of the width of the waterbody at that
particular location, whichever is less;

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

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

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

Additional policies include all docking structures to access a depth of -4 feet at
mean low water (MLW) and a reduction in the width of a terminal platform to 4 feet

wide if the platform is over seagrasses. This reduction will not affect the overall
area of the terminal platform.

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

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

For the purposes of this plan, the following conditions will apply: (1) the Gulf
Intracoastal Waterway is exempt from aquatic preserve rules and regulations,
pursuant to Section 258.42, F.S., and functions only as a boundary of the preserve;
and (2) certain activities are generally permissible in all management areas. These
activities include shoreline stabilization, maintenance dredging, and maintenance of
channel markers. Where appropriate to protect environmental resources, certain
conditions or restrictions may be placed on these types of activities-. For example,
seawalls in some locations may-be discouraged, and riprap may be required to be
placed along a seawall in'order to provide additional habitat.

Utility Easements: Section 18-20.004 (3) (c), F.A.C., states that utility cables,
pipes, and other such structures shall be constructed and located in a manner that
will cause minimal disturbance to submerged resources (e.g., seagrass beds,
oyster bars) and do not interfere with traditional uses. It will be the policy to place
additional utilities into designated corridors or existing easements within the aquatic
preserve if no other reasonable alternative exists.

Q. MANAGEMENT AREAS

In this section, each management area is delineated with boundaries, descriptions,
and allowable uses. Due to changes that may occur from the rezoning of adjacent
uplands and altering biological conditions on submerged lands, the final decision
on approving, modifying or denying uses of the submerged lands within the
preserve will be made based on field surveys and assessments of project sites.
Figure 6 is a map of all management areas within the preserve. The purpose of
providing this map is to give some general guidance and an understanding of
where the management areas lie within the preserve.

MANAGEMENT AREA PBL1

(public recreation /primary resource protection area)

Boundaries: This management area is defined as all state-owned submerged lands
from the mean high water line out 500'feet along the entire north shore of both
Perdido Key and Santa Rosa Island.

Descriotion: This area is characterized by sparse to dense seagrass beds,
expansive salt marshes, bird nesting areas, a variety of marine life such as crabs,
scallops, shrimp, polychaetes, and fish, and cultural resources.

Allowable Uses: Public docks (meeting the requirements of all dock structures as
stated in Section 18-20.004(5)(a), F.A.C.), utility easements (in designated
corridors).

MANAGEMENT AREA PR/2

(public recreation /secondary resource protection, area)

Boundaries: This management area is defined as all state-owned submerged lands
from the mean high water line out 500 feet on the Gulf side of the preserve from
Perdido Key to Santa Rosa Island.

Description: This area is characterized by high energy beaches and hard sand
bottoms. Marine life forms include burrowing crabs, shrimp and worms, and fish.
The beaches of Perdido Key are part of a beach renourishment program. These
beaches received approximately 400 feet of sand along a five mile stretch of
Perdido Key.

Allowable Uses: Public docks (meeting the requirements of all dock structures as
stated in Section 18-20.004(5(a), F.A.C.), beach renourishment and nearshore spoil
disposal for beach renourishment purposes, utility easements.

MANAGEMENT AREA O@LVL1

(open water/primary resource protection area)

Boundaries: This management area is defined as all state-owned submerged lands
of Big Lagoon, Pensacola Bay and Santa Rosa Sound which are 500 feet
waterward of the mean high water line, within the aquatic preserve. This
management area also continues approximately 1 and 3/4 miles south of Perdido
Key, paralleling the ship channel, and one mile west, paralleling the shoreline of
Perdido Key, and northward towards the Perdido Key, until reaching the southern
boundary of the PR/2 management area.

Description: This area is characterized by patchy seagrass beds and submerged
cultural resources.

Allowable Uses: Utility easements (in designated corridors).

MANAGEMENT AREA OWL2
(open water/secondary resource pr'otection area)

Boundaries: This area is defined as all state-owned submerged lands of the Gulf
of Mexico, which are 500 feet waterward of the mean high water line, within the
aquatic preserve, excluding the area included in the- OW/1 category.

Description* This -area is characterized -by relatively clear, deep waters with hard
sand bottoms and scattered artificial reefs.

Allowable Uses: Spoil disposal, utility easements.

0
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OW2

FIGURE 6: Management Areas

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PENSACOLA-

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PR1

PR2

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ILES

FIGURE 6: Management Areas

CHAPTER V

SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS

This chapter deals with management issues and initiatives involving specific
activities and environmental processes that directly affect the biological integrity of
the Fort Pickens Aquatic Preserve. The issues that are specific to this area include,
but are not limited to, increasing boat and jet ski traffic and cooperation with the
National Park Service. Management initiatives relative to these issues provide
additional direction not set forth by Chapter 258, F.S., Chapter 18-20, F.A.C., or
Chapter IV of this plan. These initiatives are intended to be used as a tool for DNR
to manage the aquatic preserve and encourage local governmental and/or other
agencies to provide additional restrictions where necessary for resolving those
issues and needs.

MANAGEMENT ISSUES AND SPECIAL NEEDS

1. Boat and Jet Ski Traffic

A large portion of Big Lagoon is shallow and presents navigational problems.
Additionally, expansive submerged grassbeds occur in 1 to 3 foot depths. As the
population of Florida grows, the traffic from boats and jet skis is expected to
increase. This trend poses a nu mber of problems, both from the standpoint of the
expected impacts on the biological resources and from related safety issues. The
biological aspects include: (1) an increase in turbidity, with the resultant loss of
seagrasses sensitive to lowered levels of incident light penetration, (2) cutting of
propellers and "prop dredging", and (3) pollution from refueling jet skis on beaches
and shallow bay areas.

Safety issues primarily revolve around the dramatic increase in jet ski use in recent
years. By their very nature, jet skis are fast and highly maneuverable, making them
a potential hazard for boaters and swimmers.

Management Initiatives:

(1) Protect submerged vegetation by requiring navigational aides in areas
of shallow water in conjunction with dense areas of submerged
grassbeds.

(2) Encourage the local government and federal government (GINS) to
adopt regulations restricting jet skis from the preserve.

2. Water Quality

Although not under the jurisdiction of DNR, water quality is an issue of concern to
the aquatic preserve. Very limited water quality studies have been conducted in the
preserve. Directly across from the aquatic preserve is the Pensacola Naval Air
Station (NAS). This military installation is the site of 17 hazardous waste superfund
sites. These sites have the potential for surface and groundwater contamination.
In addition, the preserve is impacted by discharges and stormwater runoff into
Pensacola Bay and by bilgewater and wastewater from vessels. Consequently,
there exists an immediate need to perform baseline water quality studies, document
potential and actual impacts to the water quality and biological integrity in the
aquatic preserve, and recommend ways to improve water quality.

Management Initiatives:

(1) Seek funding for basic water quality monitoring equipment to set up
a regular water quality monitoring program in the preserve.

(2) Establish a cooperative status with Pensacola NAS and monitor
progress of the clean-up of the Navy's superfund sites, as outlined in
the Navy's Community Relations Plan.

(3) Communicate with the U.S. Environmental Protection Agency's
Environmental Monitoring and Assessment Program Manager to stay
informed of research and monitoring activities within the preserve.

(4) As a member of the Pensacola S.W.I.M. program's Technical
Advisory Committee, offer assistance and make recommendations to
improve water quality in the preserve.

3. Cooperation with the Department of State

Archaeologists with the Department of State (DOS), Division of Historical
Resources, Bureau of Archaeological Research, have been conducting a survey of
shipwrecks in the Pensacola Bay System. Several shipwrecks, have been located
in the preserve, the most notable of which is the USS Massachusetts, an 1896
battleship. The Bureau of Archaeological Research (BAR) is planning to establish
this shipwreck as an Underwater Archaeological Preserve. It will be the third such
preserve in the state, and the first to be located within the boundaries of an aquatic
preserve. The Bureau of Archaeological Research plans to study and document
the flora and fauna of the shipwreck, establish a system of mooring buoys, set up
an educational display at a local museum, and develop brochures describing the
shipwreck and its history. The Bureau of Archaeological Research has asked for
suggestions, potential concerns, and cooperation in establishing and monitoring

this underwater archaeological preserve from the Department of Natural Resources,
Division of State Lands, Bureau of Submerged Lands and Preserves.

Management Initiatives:

(1) Develop a working, cooperative relationship with the personnel from
the Bureau of Archaeological Research.

(2) Provide the Bureau of Archaeological Research with a list of concerns
and suggestions for establishing the underwater archaeological
preserve, and offer assistance and support as needed.

(3) Provide assistance in monitoring and maintaining the biological and
cultural integrity of the underwater archaeological preserve.

(4) Develop a plan with the Bureau of Archaeological Research to
monitor and study other shipwrecks in the preserve.

4. Cooperation with the National Park Service, Gulf Islands National Seashore

When the United States Congress authorized the establishment of Gulf Islands
National Seashore in 1971, they included in the boundary submerged lands owned
by the'State of Florida and designated as the Fort Pickens Aquatic Preserve. In
1974 part of these submerged lands were transferred to Gulf Islands National
Seashore by the State of Florida through a dedication. An act was passed in 1986
by the Florida Legislature, in cooperation with the federal government, relating to
concurrent jurisdiction of state-owned submerged lands, providing that the United
States Department of the Interior, National Park Service, and the Governor of the
State of Florida enter into written agreements for the exercise of concurrent
jurisdiction over lands within the state of Florida, and provide an effective date.

Such action will benefit the aquatic preserve by providing an extra layer of law
enforcement and additional resource management capabilities presently not held
by the Department of Natural Resources.

Management Initiatives:

(1) Develop a cooperative working relationship with personnel at Gulf
Islands National Seashore.

(2) Cooperate with the Department of the Interior, National Park Service
personnel to develop and process the necessary paperwork required
to establish concurrent jurisdiction at Gulf Islands National Seashore,
as authorized by Florida law.

(3) Develop a joint management agreement with Gulf Islands National
Seashore for the state-owned submerged lands authorized by the
United States Congress for inclusion in the national seashore. This
includes close cooperation to identify issues of concern and specific
needs of the National Park Service, thereby improving the
management of the submerged land and protecting and preserving
the resources present.

5. Name Change

As mentioned earlier, the uplands adjacent to the preserve were once a state park,
called Fort Pickens State Park. When the aquatic preserve was established, it was
give'n the name "Fort Pickens State Park Aquatic Preserve". This name is no longer
accurate, as the uplands are no longer known as Fort Pickens State Park, rather
as Gulf Islands National Seashore. The actual fort, Fort Pickens, is a well known
historic landmark.

Management Initiative:

(1) Initiate correction language in the applicable Florida Statutes that will
properly rename this aquatic preserve as Fort Pickens Aquatic
Preserve.

6. Expansion of Preserve

The Department of State, Division of Historical Resources, Bureau of Archaeological
Research and local citizens are in support of expanding the Fort Pickens Aquatic
Preserve to include the submerged lands around the area known as "Deadman's
Island." The island was purchased by the city of Gulf Breeze to prevent
development and is in a natural state. The island was used historically as a
11careenage", a haven where ships could be repaired and refitted, since the 1700s.
The area is noted on a regional scale as a prime maritime archaeological site.

Management Initiative:

(1) As per the Rules of the Board of Trustees of the Internal Improvement
Trust Fund Chapter 18-20 Florida Aquatic Preserves, 18-20.009,
pursue the expansion of the Fort Pickens Aquatic Preserve to include
the submerged lands adjacent to Deadman's Island on the Gulf
Breeze peninsula.

7. Cooperation with Pensacola Naval Air Station

The Pensacola Naval Air Station is a major land holder in the area, owning
approximately four miles of shoreline near the Fort Pickens Aquatic Preserve. The
military base is used primarily to train naval aviators. Several factors make it an
issue of concern to the aquatic preserve, those being the presence of seventeen
sites which require indepth remedial investigation (superfund sites), Sherman Cove
Marina, and military maneuvers and training which occurs in or above the aquatic
preserve.

Management Initiatives:

(1) Develop a cooperative status and close liaison with Pensacola Naval
Air Station environmental management personnel.

(2) Promote the mutual exchange of environmentally sound information
and ideas relating to such issues as military maneuvers and/or
operations that may require direct utilization or otherwise impact the
preserve.

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CHAPTER V1

MANAGEMENT ACTION PLAN

This chapter establishes the guidelines which allow for the management and
protection of Fort Pickens Aquatic Preserve's natural and cultural resources for the
benefit of future generations (Section 258.35, F.S.).

Before an effective program can be designed to manage and protect natural
resources, the function, importance, and location of the resources must be defined.
Additional efforts will consist of identifying those activities or parameters that affect
these resources, either positively or negatively. This information will form the
foundation from which action will be initiated to manage and protect these
resources. The management strategies for an aquatic preserve program must
consist of a variety of components such as resource management, resource
protection, research, and environmental education.

In general, the role of the management program for the aquatic preserve includes:

providing information on the ecological functions and economic
importance of the natural resources within the preserve.

overseeing those activities that affect the natural resources within the
preserve.

ensuring that accurate biological and physical information is
considered in permit-related issues and planning decisions.

ensuring that all statutes and rules regarding the preserve's natural
resources are followed and that violations are enforced by the
appropriate authorities.

conducting on-site surveys for specific activities.

coordinating with other resource management and enforcement
agencies.

educating the public on the inherent and economic values associated
with natural resources.

conducting or cooperating with other entities to conduct pertinent
research projects.

developing a comprehensive management program that can be
periodically updated.

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

A. RESOURCE MANAGEMENT

The overall goals of resource management within aquatic preserves are:

conducting and maintaining resource inventories,
assessing the impact of human activities on the resources,
establishing habitat restoration programs,
-cooperating with other agencies in water quality improvement,
participating in local land use decisions that may affect the
submerged resources-.

GOAL A.1: MAINTAIN RESOURCE INVENTORIES

Oboective A.1.1: To conduct and maintain a resource inventory of submerged
and emergent vegetation.

Task A.1.1.1: Conduct an inventory of seagrasses, attached algae, marsh
grasses, and other shoreline vegetation by using available satellite imagery
(e.g., LANDSAT, SPOT, etc.), aerial photography, Loran coordinates, and
groundtruthing efforts.

Task A.1.1.2: This inventory shall be conducted once every two years.

Task A.1.1.3: The database generated from this inventory will be used to
create biological resource maps.

Oboective A.1.2: To conduct an inv entory of plant and animal species,
including designated species, and their habitats.

Task A.1.2.11: Conduct an inventory of plant and animal species, with
emphasis on designated species, and their habitats by using data from
existing literature, current research studies and groundtruthing efforts'.

Task A.1.2.2: This inventor y shall be conducted once every two years.

Obwective A.1 .3: To conduct an inventory of coastal and estuarine birds and
their habitats.

Task A.1.3.1: Conduct an inventory of birds that feed, roost, loaf, and nest
throughout the preserve by using existing literature, current research studies,
and groundtruthing efforts.

Task A.1.3.2: This inventory shall be conducted once every two years.

Objective A.1.4: Conduct and maintain an inventory of cultural resources in
the preserve.

Task A.1.4.1: Coordinate with the Department of State, Bureau of
Archaeological Research and Gulf Islands National Seashore to identify
location and types of cultural resources in the preserve.

GOAL A.2: ASSESS THE IMPACTS OF HUMAN ACTIVITIES IN THE
PRESERVE

Objective A.2.11: To inventory and assess the effects of human activities on
the natural and cultural resources of the preserve.

Task A.2.1.1: Implement a natural resources monitoring program in the
preserve to determine the extent and relationship between human activities
and the degradation of the natural resources.

Task A.2.1.2: Monitor patterns and trends of seagrass distribution in the
preserve. Determine areas which have been impacted by boating, fishing,
shrimping and other human activities.

GOAL A.3: RESTORE ESTUARINE HABITAT

Objective A.3.11: To identify suitable unvegetated and disturbed shoreline
areas as restoration sites.

Task A.3.1.1: Conduct a survey to identify suitable shoreline areas that could
be revegetated with marsh grass plantings.

Objective A-3.2: To seek grant funding sources to restore or enhance
seagrass and salt marsh habitats in the preserve.

Task A.3.2.11: Pursue grant funding to restore or enhance seagrass and salt
marsh habitats in the preserve.

Task A.3.2.2: Coordinate with the Northwest Florida Water Management
District, as a member of the Pensacola Bay S.W.I.M. program Technical
Advisory Committee, to accomplish habitat restoration elements of the
Pensacola Bay S.W.I.M. Plan.

Goal A.4: IMPROVE WATER QUALITY

Objective A.4.11: To coordinate with DER, NWFWMD, and local governments
toward improving water quality in the preserve.

Task A.4.1.1: Actively pursue procurement of basic water quality monitoring
supplies for the preserve.

Task A.4.1.2: Maintain an inventory file and assess available water quality data
in the preserve. Coordinate with DER and NWFWMD to determine sources of
degradation and evaluate possible actions to improve water quality. Offer input
and assistance to the Pensacola Bay System S.W.I.M. program.

Task A.4.1.3: Coordinate with DER and local governments toward improving
the management of surface water-and stormwater discharges into the aquatic
preserve.

Task A.4.1.4: Investigate the impacts to water quality by private. recreational
and commercial boaters. Alert appropriate enforcement agencies of need for
increased patrols. Develop boater awareness plan.

GOAL A.5: COORDINATE WITH LOCAL GOVERNMENTS ON LAND USE
PLANNING

Obeective A.5.11: To coordinate with local planning departments, regional
planning councils, and the Department of Community Affairs to
develop/revise/evaluate local government comprehensive plans and
amendments.

Task A.5.1.1: Establish role as field representative for DNR Aquatic Preserves
with local governments. Offer assistance in the development of policies and
ordinances that regulate activities affecting state-owned submerged.

B. RESOURCE PROTECTION

In order to maintain the biological integrity of the aquatic preserve, it is imperative
to protect the resources that comprise the system. Since it is not feasible to target
all of the organisms adequately, the primary thrust of the resource protection
element is the protection of the various habitats that make up the preserve. The
goals of the aquatic preserve program with regard to resource protection therefore
include (1) protection of the existing submerged vegetation (e.g., seagrass beds,
attached algae), (2) protection of emergent vegetation (e.g., marsh grass), and (3)
protection of animal species, particularly designated species, and their habitat.

In, the case of Fort Pickens Aquatic Preserve, very few activities are planned on
state-owned submerged lands, consequently resources are not expected to be
negatively impacted from development. Uplands are owned by the National Park
Service which has a strong preservation philosophy. Park officials do have plans
to rebuild an old existing dock. These plans will be closely coordinated with DNR's
Bureau of Submerged Lands and Preserves, the Army Corps of Engineers, and the
Department of Environmental Regulation, as required by law.

GOAL B.1: PROTECTION OF SUBMERGED AND EMERGENT VEGETATION

Objective B.1.1: Ensure that human use of the preserve does not adversely
affect the submerged and emergent vegetation.

Task B.1.1.1: Require that all dredge and fill projects use effective turbidity
control practices.

Task B.1.1.2: Assess the impact of shrimp trawling and other commercial and
recreational activities on the submerged vegetation within the preserve.

Task B.1.1.3: Develop and implement a seagrass protection plan for the
preserve. Seek funding to erect signs notifying boaters of shallow seagrass
areas.

Task B.I.1.4: Assess impacts to emergent vegetation and develop plan for
remediation.

Task B.1.1.5: Coordinate with the Florida Marine Fisheries Commission on the
development of new draft fisheries regulations which may affect the aquatic
preserve.

GOAL B.2: PROTECTION OF DESIGNATED SPECIES AND HABITAT

Objective B.2.1: To ensure that habitats and species are given maximum
protection through the aquatic preserve program.

Task B.2.2.1: Be familiar with all designated species likely to occur in the
aquatic preserve, their identification, habitat requirements, status, and
relevant laws pertaining to designated species.

Task B.2.2.2: Record sightings, locations, activity and other relevant data when
observing designated species in the preserve.

Task B.2.2.3: Coordinate with appropriate groups to conduct monitoring,
inventories, habitat evaluations or other activities that relate to the status and
distribution of designate species and their habitat.

Task B.2.2.4: Evaluate forces impacting life history requirements of designated
species in the preserve. Coordinate with appropriate agencies to protect
species and habitat and enforce relevant laws.

C. RESEARCH

Effective management of any biological system relies almost entirely -on information
as to how that system functions, and research is the foundation upon which this
information is based. Estuarine systems and open water habitats are not fully
understood, and it is essential that some of the gaps in this understanding be filled.
In the case of Fort Pickens Aquatic Preserve, several researchers are conducting
studies in and adjacent to the preserve. The aquatic preserve manager -shall
therefore actively support their research and participate in the research, if possible.
The goals of the research program for aquatic preserves in general are:

to gain a better understanding of those factors that are essential to the
continued biological integrity of the major habitats (beds of submerged
vegetation, marshes, tidal flats, etc.) within the aquatic preserve, and

to gain a better understanding of those factors that govern the continued
survival and propagation of designated species that use the aquatic
preserve for any portion of their life cycle.

.GOAL CA: DETERMINE THE FACTORS THAT AFFECT THE INTEGRITY OF
COASTAL AND ESTUARINE HABITATS

Objective C.1.11: To determine research needs in the preserve

Task C.1.1.1: Conduct a literature review, including current status and
biological trends, of coastal and estuarine species and habitats in the preserve.

Objective C.1.2: To determine the primary factors that affect the coastal and
estuarine habitats in the preserve.

Task C.11.2.11: Determine historical seagrass loss in the preserve and
identify probable factors causing this loss.

Task C.1.1.3: Pursue funding to establish a seagrass restoration project in the
preserve.

Task C.1.1.4: Pursue funding to conduct research on the biology and
ecology of the marsh habitat and species in the preserve.

Task C.1.1.5: Coordinate with ongoing research projects in the preserve
(beach renourishment, plant recovery, benthic invertebrates, Perdido Key beach
mouse) to monitor findingg, and participate in research when possible.

GOAL C.2: DETERMINE THE FACTORS WHICH AFFECT SURVIVAL AND
PROPAGATION OF DESIGNATED SPECIES

Obeective C.2.1: Seek funding to initiate research on habitat and survival
needs of designated species in the preserve.

Task C.2.1.1: Support research to establish critical habitat areas for
designated species in the preserve.

Task C.2.1.2: Pursue funding for research on the distribution, life cycles
and habitat needs of designated species in the preserve.

Objective C.2.2: To determine the species composition, distribution,
abundance, seasonality, and size classes of marine turtles and dolphins that
utilize the aquatic preserve.

Task C.2.2.1: Support or seek funding to participate in research on the biology
and life history of marine turtles and dolphins and the factors affecting their
survival.

Task C.2.2.2: Coordinate with and offer assistance on 'a local level to the
Division of Marine Resources' marine turtle research and conservation program.

Task C.2.2.3: Maintain an active membership in and support the efforts of both
the Marine Mammal Stranding Network and the Turtle Stranding Network.

D. ENVIRONMENTAL EDUCATION

The integrity of the biological system of Ft. Pickens Aquatic Preserve can be
affected, both directly and indirectly, by the public's enjoyment of the preserve.
One of the primary aims of the aquatic preserve program, therefore, is to educate
the public as to the importance of the factors that affect the integrity of the
preserve. Environmental education instructs individuals as to the importance of
preserving natural and cultural resources so they may consider all issues prior to
making decisions that affect these resources. In general, the purpose of this
element is to educate the public and encourage them to become responsible users
of the preserve.

GOAL D.11: EDUCATE THE PUBLIC TOWARD WISE RESOURCE USE

Objective DA: To develop an aquatic preserve interpretive program for use
in existing environmental education programs and to educate users of the
preserve on the preserve's natural resources.

Task D.1.1.11: Develop a reference library of information relevant to the natural
resources of Fort Pickens Aquatic Preserve.

Task D.1.1.2: Maintain and expand a specimen collection of species commonly
found in the aquatic preserve for use in educational programs.

Task D.1.1.3: Coordinate with Gulf Islands National Seashore to develop
interpretive programs which focus on the aquatic preserve. Cooperate with
park personnel to implement these programs.

Task D.1.1.4: Provide natural history talks and field trips for local public and
private groups (college students, developers, local governments, scout groups,
etc.) interested in the preserves natural resources.

Obeective Q.2: To produce educational literature and materials that inform the
public of the preserve's natural and cultural resources and the importance of
preserving and protecting these resources.

Task D.2.1.1: Develop brochures, pamphlets, and/or booklets that describe
to the public; (1) the purpose of the aquatic preserve program and activities
conducted at the local aquatic preserve office, and (2) general information on
the preserve's ecosystem and cultural resources. If feasible, this task will
include video presentations.

Task D.2.2.2: Submit newspaper articles or radio- announcements designed to
educate the general public about the ecological functions and economic
importance of the natural resources within a preserve.

Task D.2.2.3: Cooperate with Gulf Islands National Seashore to set up an
educational display to distribute brochures and other educational materials
about the aquatic preserve.

Task. D.2.2.4: Cooperate with the Bureau of Archaeological Research to set up
an educational display on the submerged cultural resources of the preserve,
especially the sunken 1896 battleship, USS Massachusetts.

Oboective Q.3: To participate in environmental education programs.

Task Q.3.1.11: Participate in environmental education conferences and seminars
to enhance teaching skills, to become familiar wiih other educational programs,
and to share information on the aquatic preserve program.

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CHAPTER V111

MANAGEMENT COORDINATION NETWORK

This chapter presents a general overview of the various federal, state, regional, and
local agencies that regulate or hold interest in the management or use of the Fort
Pickens Aquatic Preserve. A reference matrix of these regulatory programs and
their jurisdictions is presented in Table 7. One function of the aquatic preserve
program is to coordinate with these agencies to achieve common goals relevant to
aquatic preserve management.

It should be noted that many of the following federal, state, and local agencies with
jurisdiction in the preserve may impose additional permit requirements on activities
previously outlined in Chapter IV of this plan.

A. FEDERAL AGENCIES

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

The U.S. Army Corps of Engineers (CO91 has jurisdiction over inland navigable
waters under the Rivers and Harbors Act of 1899. A revision of the Rivers and
Harbors Act in 1968 extended the Corps' jurisdiction, allowing the agency to
consider the fish and wildlife, conservation, pollution, aesthetics, ecology, and other
relevant factors of a project. The Corps Regulatory Program was expanded in 1972
to include the Federal Water Pollution Control Act Amendments, now known as the
Clean Water Act (CWA). Section 404 of this act requires the Corps to control
dredge and fill activities. In 1977, amendments to the CWA extended this
jurisdictional responsibility to wetlands. The Corps also contributes 50% of the
funds reimbursed to the Water Management Districts by the Department of Natural
Resources for aquatic plant control.

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

The U.S. Environmental Protection Agency (EUA has jurisdiction over surface
waters in the state. Enforcement authority was given under the Clean Water Act
of 1968 and broadened under the 1977 revision. In general, the EPA is responsible
for pollution control and abatement, including: air, water, noise, solid waste, toxic
waste, and radiation. The agency reviews permits issued by the Department of
Environmental Regulation for the treatment, disposal, and storage of hazardous
wastes. Authority is divided between EPA and USCG regarding the discharge of
oil or hazardous substances into surface water.

The U.S. Geological Survey (USGS) performs surveys and research pertaining to
topography as well as monitoring the mineral and water resources of the Fort
Pickens Aquatic Preserve region.

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

The National Park Service, under the Department of the Interior, manages the Gulf
Islands National Seashore. This popular national seashore encompasses barrier
islands, wilderness areas, and a live oak reservation. Its boundaries range from the
Florida panhandle to the Mississippi gulf coast (excluding Alabama). The National
Park Service's philosophy of preservation ensures that these areas will remain in
their natural state for future generations to enjoy.

The National Marine Fisheries Service (NMFS1, under the Department of
Commerce, is involved with fisheries management.
In accordance with the federal consistency review process, the Bureau of
Submerged Lands and Preserves reviews the federal programs and activities as to
how they affect the objectives of the aquatic preserve management program. This
review is coordinated through the Florida Department of Environmental Regulation's
Office of Coastal Management in order to enforce the provisions of the Federal
Coastal Zone Management Act of 1972, as amended.

The United States Navy, Pensacola Naval Air Station, under the Department of
Defense, has been selected as a Homeporting site. Pensacola NAS is used
primarily as a training center for naval aviators.

B. STATE AGENCIES

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

Although not a state *agency, the Office of Planning and Budgeting of the
Governor's Executive Office, in conjunction with the DER's Office of Coastal
Management, is responsible for administering project reviews applicable to Florida's
Coastal Management Program Federal Consistency evaluation process. This
process includes all projects in the state that involve federal permitting, federal
assistance or control federal activities. Each project must undergo this additional
review to determine if the project is consistent with established programs, policies,
and rules of the State, including aquatic preserves.

The Department of Natural Resources (DNR) areas of responsibility include state
lands, sovereignty submerged lands, and marine resources (e.g., marine research
projects, sea turtle and manatee protection). The Florida Marine Patrol enforces
safe boating laws as well as commercial and recreational fishing regulations.
Authority granted under Chapters 18-20, and 18-21, F.A.C., gives . DNR
responsibility to regulate comm ercial and residential docks and other structures and
activities conducted on submerged lands. Chapters 369.20-369.22, F.S., authorizes
the Bureau of Aquatic Plants to regulate various aquatic plant control programs,
including permit review for mechanical, biological, and chemical control of aquatic
plants. Permits are also necessary under Chapter 16C-52, F.A.C., "Aquatic Plant
Importation, Transportation, Cultivation, and Possession", for any persons
cultivating, revegetating, or collecting aquatic plants.

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

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

The DER's rules significant to the aquatic preserve management program are
Chapters 17-301, 17-302, 17-4, and 17-312, F.A.C. Authority for these rules is
based in Chapter 403, F.S. Chapter 17-301 and 17-302, F.A.C., addresses water
quality standards with the most stringent category being "Outstanding Florida
Waters" (OFW). The Fort Pickens Aquatic Preserve became an OFW in 1979.
Chapter 17-4, F.A.C., addresses permit requirements and Chapter 17-312, F.A.C.,
covers dredge and fill activities.

Section 253.77, F. S., as amended by the Warren S. Henderson Wetlands Protection
Act of 1984, requires that any person requesting the use of state-owned lands shall
have prior approval of the Trustees. As a result of this amendment, an interagency
agreement between DNR and DER provides for comments from DNR staff, on
behalf of the Board of Trustees, into the DER permitting process for proposed
activities in aquatic preserves.

The Department of Health and Rehabilitative Services (HRS) has responsibilities
to protect the public's health by overseeing functions that involve water supply, on-
site sewage disposal, septic tank cleaning, solid waste control, and hazardous
wastes. Authority for these responsibilities is found in Chapters 154, 381, and 386,
F.S., and in the 10D Series of F.A.C., known as the "Sanitary Code." Within each
county, HRS functions as the county's health department and oversees these
jurisdictional responsibilities.

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

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

The Department of Community Affairs (DCA) and the Regional Planning Councils
are authorized under Section 380.06, F.S., for administering the Development of
Regional Impact (DRI) review program. The DRI process was established to
provide a review and monitoring procedure for development projects potentially
affecting the health, safety or welfare of citizens of more than 'one county.
Additionally, the DCA designates Areas of Critical State Concern (ACSC). These
designations are intended to protect the areas of the state where development has
endangered or may endanger resources of regional or statewide significance.
Under an ACSC designation, the local governments are required to submit new or
existing land development regulations to DCA for review and approval. According
to Section 380.05, F.S., the entire land development process w ill require the state's

supervision until that local government modifies its land development practices to
conform to the principles guiding development within -an ACSC.

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

The Marine Fisheries Commission (MFQ was established as a rulemaking
authority pursuant to Section 370.027, F.S. The seven members appointed by the
Governor are delegated full rulemaking authority over marine life (subject to
approval by the Trustees), with the exception of endangered species. This
authority covers the following areas: (a) gear specifications, (b) prohibited gear, (c)
bag limits, (d) size limits, (e) species that may not be sold, (9 protected species,
(g) closed areas, (h) quality control codes, (i) open/closed seasons, and 0) special
considerations related to egg-bearing individuals, and (k) relaying of clams and
oysters. The MFC is also instructed to make annual recommendations to the
Trustees regarding marine fisheries research priorities.

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

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

Q. REGIONAL AGENCIES

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

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

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

It is the intent of the Florida Legislature (Chapter 87-97, Section 1-6, Laws of
Florida) through the Surface Water Improvement Management (S.W.I.M.)"Act, that
the water management @Iistricts "design and implement plans and programs for the
improvement and management of surface water." The Northwest Florida Water
Management District-was directed to develop a management plan which mandates
restoration and protection for this priority water body (Pensacola Bay). The
Pensacola Bay S.W. I. M. Plan was approved by the Governing Board of the District
in November 1990.

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

Q. LOCAL GOVERNMENTS11INTEREST GROUPS

Local governments are the incorporated cities and counties that border the
preserve. The entire Fort Pickens Aquatic Preserve is within Escambia County's
area of jurisdiction. Uplands adjacent to the aquatic preserve are owned by the
federal government and are managed as Gulf Islands National Seashore.

As the liaison with local governments, field personnel provide input into local
government policies to encourage conformance with the objectives of the 'aquatic
preserve management plan.

Private and Public Interest Groups

Effective management of the preserve will be enhanced by continued support from
organized groups, associations, and individuals. Citizen support organizations are
particularly valuable through the provision of technical, non-technical, and financial
assistance. The administration and field staff will encourage participation from
citizen support organizations at the aquatic preserve.

The relationship of non-governmental entities to the preserve will include the
coordination of activities such as scientific research, environmental education, and
other activities relating to the protection, management, or improved understanding
of the preserve. Field staff will be active in communicating with the above groups.

TABLE 7: MANAGEMENT COORDINATION NETWORK

LOCAL AGENCIES REGIONAL AGENCIES

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

SWC Soil and Water Conservation Districts

FEDERAL AGENCIES

STATE AGENCIES
CG United States Coast Guard
DCA Florida Department of Community Affairs COE United States Army Corps of

DER Florida Department of Environmental Engineers
Regulation EPA United States Environmental
DNR Florida Department of Natural Resources Protection Agency
GFC Florida Game and Freshwater Fish FWS United States Fish and Wildlife

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

FSG Florida Sea Grant

MFC Marine Fisheries Commission

DAC Florida Department of Agriculture and
Consumer Services

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

Local Regional State Federal
L CGF LDD MCD ICD SWC RPC NMD FIN DAC DCA DER DNR GFr IIRS DOS MT FMP FSG MFC CG COE EPA FWS NM GS
Dredge and Fill Permitting
.. ........ .. ..... ... .... .. . .. ....... .. -
.... .........
Dockso Fishing Piers, Seawalls 0 0
. .. .... ......

...... ........
.. ........ ........
Marinas
. ....... .. ....... ....... .... .......
Submerged Lands Management ...... ......
Habitat Protection
-A
Mangroves/Wetlands Protection 0 1 [:J. . ........
Seagrass Protection
.... .. .. ......... .
Habitat Restoration 0 0 0 0
.. .. ........ . .......
Manitroves/Wetiands Restoration 0 0 0
Seagrass Restoration 10 0 01
... ............
0 0
Resource Inventory
0 0 0 0 ...0 . ......
........ ........ ....... .. . . .......
........ ....... ........ . . . ......
Manatees/Porpoises 0 0 0 0
Endangered Species 0 0 0
.0 0 0 0 0.0
........ ........
....... ........ .. .. . ........ ........
Shellfish/Aguaculture 0 0 0 0
. ...... .....
..... .......
. .. ........ .
Public Aware ness/Educition 0
. .........
0 0 0 0 0
... 01
Research 0 0 0 0
.. . ........ ...

........ ..... .. ........
Fisheries Research 0 0 0 0 0 0

.... ........ .
::sX...... ..........
Fisheries Management 10 0 0 0
........ ........ ........ ........ ... . ........
Recreational Fishing 01 10 0 0 0 0
....... ........ .. . ........
. ...... ....... ....... .......
I...... ... .... ....... ....... ........ ..
......... ........ ........
....... ........ ........
Commercial Fishing 0 0 0 0 0
.... ........ ..........
Wildlife Management
.. . . ........
Mosquito Impoundments 0 0 0 -.0'.
... ....... ....... ....... ....... . ......
... .... . ... ........ .......
. .. ........ ........ ... ... ........
.... .. ........ ....... ....... ........ ........ -.....
....... .... . ...... . ........ ........
Historical/Archeological Sites 0 0 0 0 0 .... ........ ......... ...
0 1.0. q b.:.xI.:.:. ........ ........
Water Quality 0 ... . ........ 0 0 0 0 0
..... ...... .
...... ..... ......
.. ........ .....
Xo:.- ....
... ........ ..
Nonpoint Source Pollution 0 0 0 0 0 0 ..... .01
. . . . ....... .......
Point Source Pollution 0 0 0 0 0 0
... ........ ... .......
Oil/Chemical Spills
0 0 0

........ .......
Drainage/Freshwater Control 0 0 0 0 0 0
....... ........
...... ......
........ ...... . ........ ....... ........ .....-
Emergency Response 0 0 0 0 0
........ ... ... . ......
... .......
Upland Development . .....
0
..... .....
x-0:
....... ....
..... .......
Land Use Planning 0 0
...... ....
0 0 0
Navixational/Bouting 0 0
Recreational Areas 0 0 0 0
[GT
0
0
0

a :0.
Bridges and Roads lot

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CHAPTER V1111

STAFFING AND FISCAL NEEDS

Historically, the Aquatic Preserve Program has been largely dependent on federal
coastal zone grant funds for the development of management plans, with very little
of this funding allocated towards staffing. Consequently, the number of both field
positions and central office positions have been limited.

In order for the Fort Pickens Aquatic Preserve to be managed in accordance to the
goals, objectives and tasks, set forth in this plan, adequate state funding for staffing
and equipment is essential. Currently, one employee has been assigned to
manage Fort Pickens Aquatic Preserve and three other northwest Florida aquatic
preserves. There is no legislative funding for a permanent on-site manager at the
preserve. Instead, management is conducted on a part-time basis by the aquatic
preserve manager located in the Pensacola Field Office.

It is anticipated that the above program can be implemented with two full-time
employees for the preserves and a full-time secretarial assistant. This estimate
does not include staff-time or expenses by DNR and other state agency employees
involved intermittently in the various tasks necessary to manage and conserve the
natural resources of the aquatic preserve. An annual review of the
accomplishments of the-program relative to the tasks listed in Chapter VI will help
to determine if the initial staffing estimate is adequate to meet the legislative intent
of the program.

A budget covering projected staff time, equipment, travel and other expenses for
this area is found in Table 8. The budget is required to fulfill the short-range needs
of the preserve as described in this management plan, and accomplish the
Department goal of on-site management for all aquatic preserves by 1991, as
expressed in the.Agency Functional Plan.

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TABLE 8

ANTICIPATED BUDGET FOR FORT PICKENS
AND OTHER LOCALLY ASSOCIATED AQUATIC PRESERVES

SALARY 1 ST YEAR 2ND YEAR

ES 11 (with benefits) $33,836 $34,851
ES I (with benefits) 28,224 29,071
Secretary (with benefits) 17,255 17,773

Subtotal 79,315 81,695

OPERATING CAPITAL OUTLAY

Vehicle $15,000
17' Boat/ Motor/Trailer 15,000
Office Equipment 10,000
Computer 5,000
Sampling Gear/Supplies 3,000

Subtotal 48,000

OPERATING EXPENSES

Off ice Rent/Gas/Phone $ 19,000 $21,000

TOTAL COST $146,315 $102,695

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CHAPTERIX

RESOURCE AND PROGRESS MONITORING PROGRAM

To ensure this management plan is effectively implemented, it will be necessary to
institute two programs that will: (1) monitor changes in the biological resources
over time, and (2) record any accomplishments achieved by the Fort Pickens
Aquatic Preserve Program. These monitoring programs will consist of the following:

A. RESOURCE MONITORING

To monitor changes in the natural resources, a geographic information system
(GIS) will be required. A GIS is a computer-based system that is used to capture,
edit, display, and analyze geographic information. The first GIS programs were
developed about 20 years ago to manage large collections of natural resource and
environmental information. Since their development, they have been used in other
areas such as utilities mapping, inventory management, and land use planning;
however, their most important function continues to be natural resource
management.

Future use *of the GIS system will include the periodic inventory, compilation, and
analysis of temporal and spatial data concerning the present state of the natural
resources within the preserve. Historical aerial photography will be computerized
for comparison with later data to conduct a temporal analysis of resource
abundance. Detailed monitoring of revegetation/restoration efforts can also be
computer analyzed. The on-line access to these natural resource databases will
facilitate informed management decisions concerning the use and protection of
submerged lands and their resources. Cooperation and file sharing is possible with
other agencies handling such data with identical and similar systems.

B. PROGRESS MONITORING

For this phase of the management plan to be effectively implemented, it is
necessary to monitor the accomplishments and progress of the Fort Pickens
Aquatic Preserve Program on a regular basis. The purpose of this element is to
detail the program's accomplishments in its pursuit of the objectives outlined in
Chapter VII. This information, to be submitted in a report once every two years to
the Bureau Chief, will include an update of the biological resources' status within
the preserve as well as identifying current human activities.
This report will detail the following:

The state of the natural environment of the aquatic preserve.

a. Through the use of resource inventories and the GIS system,
document the status of each biological resource (e.g.,
seagrass loss or gain).

b. Identify the current number of structures/activities either
started or completed in the preserve. These
structures/activities will be categorized as follows:

1) authorized projects (e.g., private residential single
docks),

2) unauthorized projects, and

3) projects not in compliance with the original
authorization.

2. A list of accomplishments of those tasks outlined in Chapter VII.

a. Each task will be listed and the activities required to complete
that task will be detailed. If the task was not done or not
completed, an explanation will be given, If the explanation was
du-e to insufficient funding/staff, then this fact will be detailed
so that an update of Chapter IX can be made.

3. Any new goals and/or objectives will be reflected in an update of
Chapter VII.

REFERENCE LIST

Barnett, E. and J. Gunter. 1985. Comprehensive Shellfish Growing Area Survey
Pensacola Bay system, Pensacola, Florida. Department of Natural
Resources, Shellfish Environmental Assessment Section. Tallahassee, FL.

Collard, S.B. and L.H. Ogren. 1990. Dispersal Scenarios for Pelagic Post-Hatchling
Sea Turtles. Bulletin of Marine Science, 47(l): 233-243.

Comp, G.S. and W. Seaman, Jr. 1985. Estuarine Habitat and Fishery Resources
of Florida. Florida Aquatic Habitat Fishery Resources. William Seaman, Jr.
Editor. Florida Chapter of American Fisheries Society. pp 337-436.

Fernald, E.A. and D.J. Patton. 1984. Water Resources Atlas of Florida. Institute
of Science and Public Affairs. Florida State University. 291 pp.

Florida Department of Natural Resources. 1990. Florida's Beach Restoration
Management Plan for Planning Districts 1, 11, and V: Escambia County. p
12-122.

G. Warren Leve, Inc. 1987. Water Supply Master Plan. Escambia County Utilities
Authority Water and Wastewater Master Plan. V. 3.

Gibson, D.J., and P.B. Looney. 1990. Vegetation Monitoring Before and After
Beach Renourishment on Perdido Key. Institute for Coastal and Estuarine
Research. University of West Florida Pensacola, FL. pp.

Grosline, D.S. 1966. Dynamic Characteristics of West Florida Coast Beaches.
Marine GegLqgy, v4 p 187 - 206,

Hand, J, V. Tauxe, and M. Friedemann. 1988. 1988 Florida Water Quality
Assessment: 305(b) Technical Appendix. Standards and Monitoring Section
Bureau of Surface Water Management, Division of Water Management,
Florida Department of Environmental Regulation. Tallahassee, FL.

Holler, N.R. and D.W. Mason. 1988. Reestablishment of the Perdido Key Beach
Mouse on Gulf Islands National Seashore. Final Report. 34 pp.

Jones, W.K., J.H. Cason, and Robin Bjorklund. 1990. A Literature Based Review
of the Physical, Sedimentary, and Water Quality Aspects of the Pensacola
Bay System. Northwest Florida Water Management District, Water
Resources Special Report 90-3.

Livingston, R.J. 1975. impact of Kraft Pulp Mill Effluents on Estuarine and Coastal
Fishes in Apalachee Bay, Florida, U.S.A. Mar. Biol. 32:19-48.

Musgrove, R.H., J.T. Barraclough, and R.G. Grantham. 1965. Water Resources
of Escambia and Santa Rosa Counties. Florida Geological Survey. 102 pp.

Meyers, J. 1983. Status, Microhabitat, and Management Recommendations for
Peromyscus polionotus on Gulf Coast beaches. Unpublished report to the
U.S. Fish and Wildlife Service, Atlanta. 29 pp.

National Oceanographic and Atmospheric Administration (NOAA). 1986. Local
Climatological Data, 1985 Annual Summary with Comparative Data,
Pensacola, Florida.

Northwest Florida Water Management District. 1990. The Pensacola Bay System
Surface Water Improvement and Management Plan. Program Development
Series 91-2.

Olinger, L.W., R.G. Rogers, P.L. Fore, R.L. Todd, B.L. Mullins, F.T. Bilsterfield, and
L.A. Wise. 1975. Environmental and Recovery Studies of Escambia Bay
and the Pensacola Bay system, Florida. U.S. Environmental Protection
Agency.

Plaik, T.F., and J.T. Kunneke. 198 4. Northwestern Florida 'Ecological
Characterization: an ecological atlas. Map narratives, 90 maps Al through
E18. U.S. Fish and Wildlife Service. FWS/OBS - 82/47.1. Minerals
Management Service 85-0011; 302 pp.

Psuty, N.P. and K.A. Jagger. 1990. Final Report on the Shoreline Changes on
Perdido Key, Florida, Gulf Islands National Seashore. 71 pp.

Rogers, R. 1988. Draft EIS for Designation of a New Ocean Dredged Disposal
Site, Pensacola, Florida. USEPA Region IV.

Shipp, R.L. 1986. Dr. Bob Shipp's Guide to Fishes of the Gulf of Mexico. Marine
Environmental Consortium of Alabama. Dauphin Island Sea Laboratory. 256
PP.

Stone, G.W. and J.D. Salmon. 1988. Hurricane-Related Morphodynamics and
Implications for Hazard Mitigation, Perdido Key, Florida, U.S.A. Coastal
Management, Vol. 16, pp 245-270.

Stout, J.P. 1984. The Ecology of Irregularly Flooded Salt Marshes of the
Northeastern Gulf of Mexico: A Community Profile. U.S. Fish and Wildlife
Service. Biol. Rep. 85(7.1). 98 pp.

Wolfe, S.H., J.A. Reidenauer, and D.B. Means. 1988. An Ecological
Characterization of the Florida Panhandle. U.S. Fish and Wildlife Service
Biol. Rep. 88(12) Minerals Management Service OCS study MMS 88-0063;
277 pp.

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APPENDIX A

Administrative Codes (R. 3/87)
V. 9, p. 692-20 18-20.002

CHAPTER 18-20 (c) To coordinate with federal, state, and local
FLORIDA AQUATIC PRESERVES agencies to aid in carrying out the intent of the
18-20.001 Intent. Legislature in creating the preserves;
18-20.002 Boundaries and Scope a the (d) To use applicable federal, state, and local
Preserves. management programs, which are compatible with
18-20.003 Definitions. the intent and provisions of the act and these rules,
18-20.004 Management Policies, Standards and in assist in managing the preserves;
and Criteria. (e) To encourage the protection, enhancement
18-20.005 Uses, Sales, Leases, or Transfer of or restoration of the biological, aesthetic, or
Interests in Lands, or Materials, scientific values of the preserves, including but not
limited to the modification of existing manmade
Held by the Board. (Repealed) conditions toward their natural condition, and
18-20.O06 Cumulative Impacts discourage activities which would degrade the
18-20.007 Protection of Riparian Rights, aesthetic, biological, or scientific values, or the
(Repealed) quality, or utility of a preserve, when reviewing
18-20.008 Inclusion or Lands, Title to Which
Is Not Vested in the Board, in a applications, or when developing and implementing
Preserve. management plans for the preserves;
18-20.009 Establishment or Expansion of (f) To preserve, promote, and utilize indigenious
Aquatic Preserves. life forms and habitats, including but not limited to
18-20.010 Exchange of Lands. sponges, soft coral, hard corals, submerged grasses,
18-20.011 Gifts of Lands. mangroves, salt water marshes, fresh water
18-20.012 Protection of Indigenous Life marshes, mud flats, estuarine, aquatic, and marine
Forms. reptiles, game and non-game fish species, estuarine,
18-20.013 Development of Resource aquatic and marine invertebrates, estuarine,
Inventories and Management aquatic and marine mammals, birds, shellfish and
mollusks;
Plans for Preserves. (g) To acquire additional title interests in lands
18-20.014 Enforcement. wherever such acquisitions would serve to protect or
18-20.015 Application Form. (Repealed) enhance the biological, aesthetic, or scientific values
18-20.016 Coordination with Other of the preserves;
Govemmental Agencics. (h) To maintain those beneficial hydrologic and
18-20.017 Lake Jackson Aquatic Preserve.
biologic functions, the benefits of which accrue to
Library References: Riparian rights to navigable waters. the public at large.
I. Henry Dean, 55 Fla. Bar J. 247.250 (Mar-1981). (4) Nothing in these rules shall serve to
18-20.001 Intmt. eliminate or alter the requirements or authority of
(1) All sovereignty lands within a preserve shall other governmental agencies, including counties
be managed primarily for the maintenance of and municipalities, to protect or enhance the
essencialy natural conditions, the propagation or preserves provided that such requirements or
fish and wildlife, and public recreation, including authority are not inconsistent with the act and this
hunting and fishing where deemed appropriate by chapter.
the board, and the managing agency. Specific Authority 120.53, 258.43(1) F.S. Law
(2) The aquatic preserves which are described in Implemented 258.35, 258.36, 258.37, 258.39, 258.393, F.S.
73-534, Laws of Florida, Sections 258.39, 258.391, Amended 6-7-85. Formerly 16Q.20.01,transferred from
258.392 and 258.393, Florida Statutes, future 16Q.20.001.
aquatic preserves established pursuant to general or
special acts of the legislature, and in Rule 18-20.002 Boundaries and Scope of the
182.O02. Florida Admonistrative Code, were Preserves.
established for the purpose or being preserved in in (1) These rules shall only apply to those
essentially natural or existing condition so that their sovereognty lands within a preserve, title to which is
aesthetic, biological and scientific values may vested in those board, and those other lands for which
endure for the enjoyment of future generations. the board has an appropriate instrument in writing,
(3) The preserves shall be administered and executed by the owner, authorizing the inclusion of
and managed in accordance with the following goals: specific lands in an aquatic preserve pursuant to
(a) To preserve, protect, and enhance these Section 2(2) of Chapter 73-534, Laws of Florida,
exceptional areas of sovereignty submerged lands by Sections 258.40(l) and 258.41(5), Florida Statutes,
reasonable regulation or human activity within the future aquatic preserves established through
preserves through the development and general or special acts of the legislature, and
implementation of a comprehensive management pursuant in Rule 18-20.008. Florida
program; Administrative Code. Any public owned and
(b) To protect and enhance the waters of the maintained navigation channel authorized by the
preserves so that the public may continue to enjoy United States Congress, or other public works
the traditional uses of those waters such project authorized by the United States Congress,
as swimming, boating, and fishing, designed to improve or maintain commerce and
91 navigation shall be deemed to be excluded from the

(R. 3/87)
18-20.002 INTERNAL IMPROVTMENT TRUST FUND V. 9, p. 692-2P

previsions of this chapter. pursuant in Subscripstion 181, pages 363-366, in the Official Rewards of
258.40(2). Florida Siatuics. Furthermore. all lands Flaggler County in Book 33. pages 131-134.
lost by avulsion or by anificially induced erosion 4. Tomoka Marsh Aquatic Preserve, as
shall be deemed excluded from the provisions of this described in the Official Records of Fiagier 0Ccwniqy
chapter pursuant to Subsection 258.40(3). Florida in Book 33. pages 135-138. and in ine Official
Statutes. Records Of Votiusia County in Book 1244. pages
(2) These rules do not apply to Boca Ciega Bay. 615-618.
Pinellas County or Biscayne Bay Aquatic 5. Wekiva River Aquatic Preserve. as described
Preserves. in Section 258.39(30). F.S.
(3) These rules are promulgated to clarify the 6. Mosquito Lagoon Simon Preserve, as
responsibilities of the board in carrying out its land described in the Official Records of Volusia County
management functions as those functions apply in Book 1244, pages 619-623, and in the Official
within the preserves. Implementation and Records of Brevard County in Book 1143. pages
responsibility for environmental permitting of 190-194.
activities and water quality protection within the 7. Banana River Aquatic Preserve, as described
preserves are vested in the Department of in the Official Records of Brevard County in Book
Environmental Regulation. Since these rules are 1143, pages 195-198. less those lands dedicated to
considered cumulative with Other rules, a person the U. S. A. prior to the enactment of the art, until
planning an activity within the preserves should such time as the U.S.A. no longer wishes 14)
also consult the other applicable department rules maintain such lands for the purpose for which they
(Chapter 18-21, Florida Administrative Code, for were dedicated, at which time such lands would
example) as well as the rules of the Department of revert to the board. and be managed as part of the
Environmental Regulation. preserve.
(4) These rules shall not affect previous actions 8. Indian River - Malabar in Sebastian
of the board concerning the issuance of any Aquatic Preserve, as described in the 0fficial
casement or lease; or any disclaimer concerning Records of Brevard County in Book 1143, pages
sovereignty lands. 199-202. and in the Official Records Or Indian
(5) The intent and specific provisions expressed River County in Book 368, pages 5-8.
in 18-20.001(c) and (f) apply generally to all 9. Indian River - Vero Beach to Fort Pierce
existing or future aquatic preserves within the scope Aquatic Preserve, as decscribed)in the Official
of this chapter. Upon completion of a resource Records of Indian River County in Book 368, pages
inventory and approval of a management plan for a 9-12, and in the Official Records of St. Lucie
preserve, pursuant to 18-20.013, the type County in Book 187, pages 1083-1086.
designation and the resource sought to be preserved 10. Jensen Beach to Jupiter Inlet Aquatic
may be readdressed by the Board. Preserve, as described in the Official Records of St.
(6) For the purpose of clarification and Lucie County in Book 218, pages 2865-2869.
interpretation, the legal description set forth as 11. North Fork, St. Lucie Aquatic Preserve, as
follows do not include any Land which is expressly described in the Official Records of Martin County
recognized as privately owned upland in a in Book 337, pages 2159-2162, and in the Official
pre-existing recorded mean high water line Records of St. Lucie County in Book 201, pages
settlement aggreement between the board and a 1676-1679.
private owner or owners. Provided, however, in 12. Laxahatchee River - Lake Worth Creek
those instances wherein a settlement agreement was Aquatic Preserve, as described in the Official
executed subsequent to the passage of the Florida Records or Martin County in Book 320, pages
Coast Mapping Act, the determination of the 193-196, and in the Official Records of Palm Beach
mean high water line shall be in accordance with the County in Volume 1860, pages 806-809.
provisions of such act. 13. Biscayne Bay - Cape Florida to Monroe
(7) Persons interested in obtaining details of County Line Aquatic Preserve, as dcscribed in the
particular preserves should contact the Bureau of Official Records of Dade County in Book 7055,
State Lands Management Department or Natural pages 852-856, less, however, those lands and
Resources, 3900 Commonwealth Blvd., waters as described in Section 258.165. F. S.,
Tallahassee, FL 32303 (telephone 904-488-2297). (Biscayne Bay Aquatic Preserve Act Or 1974), and
(a) The preserves are described as follows: those lands and waters within the Biscayne
1. Fort Clinch State Park Aquatic Preserve, as National Park.
described in the Official Records of Nassau County 14. Lignumvitac Key Aquatic Preserve, as
in Book 108, pages 343-346, and in Book 111, page described in the Official Rcords of Monroe County
409. in Book 502, pages 139-142.
2. Nassau River - St. Johns River Marshes 15. Compton Bight Aquatic Preserve. as
Aquatic Preserve, as described in the Official described in the Official Records of Monroe County
Records of Duval County in Volume 3183, pages in Book 502, pages 143-146.
547-552, and in the Official Records of Nassau 16. Cape Romano - Ten Thousand Islands
County in Book 108, pages 232-237. Aquatic Preserve, as described in the Official
3. Pellicer Creek Aquatic Preserve, as described Records of Collier County in Book 381, pages
in the Official Records or St. Johns County in book 298-301.

(R. 3/87)
V. 9, p. 692-2Q FLORIDA AQUATIC PRESERVES 18-20.003

17. Rinkery Bay Aquatic Preserve, as described negotiate an arrangement with any such private
in Section 258.39(31). FS. upland owner by which such land may be included
18. Enero Bay Aquatic Preserve as described in in the preserve.
Section 258.39(28), Florida statutes. 33. Terra Ceia Aquatic Preserve, as described in
19. Pine Island Sound Aquatic Preserve, as Section 258.393, Florida Statutes.
described in the Official Records of Lee County in 34. Future aquatic preserves established
Book 648, pages 732-736. pursuant to general or special acts of the legislature.
20. Matlacha Pass Aquatic Preserve, as Specific Authority 120.53, 258.43(1) FS. Law
described in the Official Records of Lee County in Implemented 258.39, 258.391, 258.392, 258.393, 258.40,
Book 800, pages 725-728. 258.41, 258.42, 258.43, 258.44, 258.45 FS. History -
New 2-23-81. Amended 8-7-85. Formerly 16Q-20.02, 21. Gasparilla Sound - Charlotte Harbor
Aquatic Preserve. as described in Section 258.392, Transferred from 16Q-20.002.
F.S. 18-20.003 'Definitions. When used in these
22. Cape Haze Aquatic Preserve as described in rules, the following words shall have the indicated
Section 258.39(29). F.S. meaning unless , the context clearly indicates
23. Cockroach Bay Aquatic Preserve, as otherwise:
described in Section 258.391. F.S. (1) "Act" means the provisions or Section 258.35
24. St. Martins Marsh Aquatic Preserve, as through 258.46, F.S., the Florida Aquatic Preserve
described in the Official Records of Citrus County Act.
in Book 276, pages 238-241. (2) "Activity" means any project and such other
25. Alligator Harbor Aquatic Preserve, as human action within the preserve requiring board
described in the Official Records of Franklin approval for the use, sale, lease or transfer of
County in Volume 98, pages 82-85. interest in sovereignty lands or materials, or which
26. Apalachicola Bay Aquatic Preserve, as may require a license from the Department of
described in the Official Records of Gulf County in Environmental Regulation.
Book 46, pages 77-81, and in the Official Records of (3) "Aesthetic values" means scenic
Franklin County in Volume 98, pages 102-106. characteristics or amenities of the preserve in its
27. St. Joseph Bay Aquatic Preserve, as essentially natural state or condition, and the
described in the Offficial Records of Gulf County in maintenance thereof.
Book 46, pages 73-76. (4) "Applicant" means any person making
28. St. Andrews State Park Aquatic Preserve, as application for a permit, license, conveyance of an
described in the Official Records of Bay County in interest in state owned lands or any other necessary,
Book 379, pages 547-550. form of governmental approval in order to perform
29. Rocky Bayou State Park Aquatic Preserve, an activity within the preserve.
as described in the Official Records of Okaloosa (5) "Beneficial biological functions" means
County in Book 593, pages 742-745. interactions between flora, fauna and physical or
30. Yellow River Marsh Aquatic Preserve, as chemical attributes of the environment, which
described in the Official Records of Santa Rosa provide benefits that accrue to the public at large,
County in Book 206, pages 568-571. including, but not limited to: nutrient, pesticide and
31. Fort Pickens State Park Aquatic Preserve, as heavy metal uptake; sediment retention; nutrient
described in the Official Records of Santa Rosa conversion to biomass; nutrient recycling and
County in Book 220, pages 60-63, in the Official oxygenation.
Records of Escambia County in Book 518, pages (6) "Beneficial hydrological functions" means
659-662, less the lands dedicated to the U. S. A. for interactions between flora, fauna and physical
the establishment of the Gulf Islands National geological or geographical attributes or the
Seashore prior to the enactment of the act, until such environment, which provide benefits that accrue to
time as the U. S. A. no longer wishes to maintain the public at large, including, but not limited to:
such lands for the purpose, for which they were retardation of storm water flow; storm water
dedicated, at which time such Lands would revert to retention: and water storage, and periodical release;
the board and be managed as part of the preserve. (7) "Biological values" means the preservation
32. For the purpose of this section the and promotion of indigenous life forms and habitats
boundaries of the Lake Jackson Aquatic Preserve, including, but not limited to: sponges, soft corals,
shall be the body of water in Leon County known as hard corals, submerged grasses, mangroves,
Lake Jackson in Sections 1, 2, 3, 5, 10, 11 and 14, saltwater marshes, fresh water marshes, mud flats,
Township I North, Range I West and Sections 11, marine, estuarine, and aquatic reptiles, games and
12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34, non-games fish species, marine, estuarine, and
and 35, Township 2 North, Range I West lying aquatic mammals, marine, estuarine, and aquatic
below the ordinary high water line. Such lands shall invertebrates, birds and shellfish.
include the submerged bottom lands and the water (8) "Board" means the Governor and Cabinet
column upon such-lands, as well as all publicly sitting as the Board of Trustees of the Internal
owned islands, within the boundaries of the Improvement Trust Fund.
preserve. Any privately held upland within the (9) "Channel" means a trench, the bottom of
boundaries of the preserve shall be deemed to be which is normally covered entirely by water; with
excluded therefrom; provided that the Board may the upper edges of its sides normally below the water.

(R. 3/87)
18-20.003 INTERNAL IMPROVEMENT TRUST FUND V. 9, P. 692-2R

(10) "Commercial, industrial and other revenue (22) "Preserve" means any and all of those areas
generating/income related docks" means docking which are experimental areas of sovereignty lands
facilities for an activity which produces income, and the associated water body as designated in
through rental or any other means, or which serves Section 258.39, 258.391, and 258.392 F.S.,
as an accessory facility to other rental, commercial including all sovereignty lands, title to which is
or industrial operations. It shall include, but not be vested in the board, and such other lands as the
limited to docking for marinas, restaurants, hotels, board may acquire or approve for inclusion, and the
motels, commercial fishing, shipping, boat or ship water column cover such lands, which have been set
construction, repair, and sales. aside to be maintained in an essentially natural or
(11) "Department" means the State of Florida existing condition of indigenous flora and fauna and
Department of Natural Resources, as administrator their supporting habitat and the natural scenic
for the board. qualities and amenities thereof.
(12) "Division" means the Division of State (23) "Private residential single dock" means a
Lands, which performs all staff duties and functions dock which is used for private, recreational or
related to the administration of lands title to which leisure purposes, for a single family resdence,
is, or will be, vested in the board, pursuant to section vintage or other such single dwelling unit and which
253.002, F.S. is designed to moor no more than two boats.
(13) "Dock" means a fixed or floating structure (24) "Private residential multi-slip dock" means
including moorings, used for the purpose of a docking facility which is used for private
berthing buoyant vessels either temporarily or recreational or leisure purposes for multi-unit
indefinitely. residential dwellings which shall include but is not
(14) "Essentially natural condition" means limited to condominiums, townhouses, subdivisions
those functions which support the continued and other such dwellings or residential areas and
existence or encourage the restoration of the diverse which is designed to moor three or more boats.
population of indigenous life forms and habitats to Yacht clubs associated with residential
the extent they existed prior to the significant developments, whose memberships or utilization of
development adjacent to and within the preserve. the docking facility requires some real property
(15) "Extreme hardship" means a significant interest in the residential area, shall also be
burden, unique to the applicant and not shared by included.
property owners in the area. Self-imposed (25) "Public interest" means demonstrable
circumstances caused to any degree by actions of any environmental, social, and economic benefits which
person subsequent to the enactment of the Act shall would accrue to the public at large as a result of a
not be construed as an extreme hardship. Extreme proposed action, and which would clearly exceed all
hardship under this act shall not be construed to demonstrable environmental, social, and economic
include any hardship which arises in whole or in costs of the proposed action. In determining the
part from the effect of other federal, state or local public interest in a request for use, sale, lease, or
laws, ordinances, rules or regulations. The term transfer of interest in sovereignty lands for severance
may be inherent in public projects which are shown of materials from sovereignty lands, the board shall
to be a public necessity. consider the ultimate project and purpose to be
(16) "Fill" means materials from any source, served by said use, sale, lease, or transfer of lands or
deposited by any means onto sovereignty lands, materials.
either for the purpose of creating new uplands or for (26) "Public navigation project" means a project
any other purpose, including spoiling of dredged primarily for the purpose of navigation which is
materials. For the purpose of this rule, the authorized and funded by the United States
placement of pilings or riprap shall not be Congress or by port authorities as defined by
considered to be filling. Section 315.02(2), F.S.
(17) "Lease" means a conveyance of interest in (27) "Public necessity" means the works or
lands, title to which is vested in the board, granted in improvements required for the protection of the
accordance with specific terms set forth in writing. health and safety of the public, consistent with the
(18) "Marina" means a small craft harbor Act and these rules, for which no other reasonable
complex used primarily for recreation. alternative exists.
(19) "Oil and gas transportation facilities" (28) "Public utilities" means those services,
means those structures necessary for the movement provided by persons regulated by the Public Service
of oil and gas from the production site in the Commission, or which are provided by rural
consumer. cooperatives, municipalities, or other governmental
(20) "Person" means individuals, minors, agencies, including electricity, telephone, public
partnerships, corporations, joint ventures, estates, water and wastewater services, and structures
trusts, syndicates, fiduciaries, firms, and all other necessary for the provision of these services.
associations and combinations, whether public or (29) "Quality of the preserve" means the deqree
private including governmental entities. of the biological, aesthetic and scientific values of the
(21) "Pier" means a structure in, on, or ever preserve necessary for present and future enjoyment
sovereignty lands, which is used by the public of it in an essentially natural condition.
primarily for fishing, swimming, or viewing the (30) "Resource management agreement" means
preserve. A pier shall not include a dock. a contractual agreement between the board and one

(R. 3/87)
V.9, p. 692-2S FLORIDA AQUATIC PRESERVES 18-20.004

or more parties which does not create an interest in water and where the use of the water or sovereignty
real property but merely authorizes conduct of lands is an integral part of the activity.
certain management activities on lands held by the Specific Authority 258.43(1) F.S. Law Implemented
board. 258.37, 258.43(1) F.S. History-New 2-25-81. Amended
(31) "Resource Protection Arm (RPA) I" - 8-7-85. Formerly 16Q-20.03. Transferred from
Areas within the aquatic preserves which have 16Q-20.003.
resources of the highest quality condition for 18-20.004 Management Policies, Standards
that area. These resources may include, but are not and Criteria. The following management policies,
limited to corals; marine grassbeds; mangrove standards and criteria are supplemental to Chapter
swamps; saltwater marsh; oyster bars: 18-21, Florida Administrative Caxie (Sovereignty
archaeological and historical sites; endangered or Submerged Lands Management) and shall be
threatened species habitat; and, colonial water bir utilized in determining whether to approve,
nesting sites. approve with conditions or modifications or deny all
(32) "Resource Protection Area 2" - Areas requests for activities on sovereignty lands in
aquatic preserves.
within the aquatic preserves which are in transition
with either declining resource protection area 1 (1) GENERAL PROPRIETARY
resources or new pioneering resources within (a) in determining whether to approve or deny
recsource protection area 3. any request the Board will evaluate each on a
(33) "Resource Protection Area 3" - Areas case-by-case basis and weigh any factors relevant
within the aquatic preserve that are characterized under Chapter 253 and/or 258. Florida Statutes.
by the absence of any significant natural resource The Board, acting as Trustees for all state-owned
attributes. lands, reserves the right to approve, modify or reject
(34) "Riparian rights" means those rights any proposal.
incident to lands bordering upon navigable waters,
(b) There shall be no further sale, lease or
as recognized by the courts of this state and common transfer of sovereignty lands except when such sale,
Law. lease or transfer is in the public interest (see Section
(35) "Sale" means a conveyance of interest in 18-20.004(2) Public Interest Asscessment Criteria).
lands, by the board, for consideration. (c) There shall be no construction or seawalls
(36) "Scientific values" means the preservation waterward of the mean or ordinary high water line,
and promotion of certain qualities or features which or filling waterward of the mean or ordinary high
have scientific significance. water line except in the case of public road and
(37) "Shore protection structure" means a type bridge projects where no reasonable alternative
of coastal construction designed to minimize the rate exists.
or erosion. Coastal construction includes any work (d) There shall, in no case be any dredging
or activity which is likely to have a material physical Waterward of the mean or ordinary high water line
effect on existing coastal conditions or natural shore for the sole or primary purpose of providing fill for
processes. any area landward of the mean or ordinary high
(38) "Sovereignty lands" means those lands water line.
including, but not limited to: tidal lands, islands, (c) A lease, easement or consent or use may be
sandbars, shallow banks, and lands waterward of authorized only for the following activities.
the ordinary or mean highwater line, to which the 1. a public navigation project;
State of Florida acquired title on March 3, 1845, by 2. maintenance of an existing navigational
virtue of statehood, and or which it has not since channel;
divested its title interest. For the purposes of this 3. installation or maintenance of approved
rule sovereignty lands shall include all submerged navigational aids;
lands within the boundaries of the preserve, title to 4. creation or maintenance of a
which is held by the board. commercial/industrial dock, pier or a marina;
(39) "Spoii" means materials dredged from 5. creation or maintenance of private docks for
sovereignty lands which are redeposited or reasonable ingress and egress of riparian owners;
discarded by any means, onto either sovereignty 6. minimum dredging for navigation channels
lands or uplands. attendant to docking facilities;
(40) "Transfer" means the act of the board by 7. creation or maintenance of a shore protection
which any interest in lands, including easements, structure;
other than sale or lease, is conveyed. 8. installation or maintenance of oil and gas
(41) "Utility of the preserve" means fitness of transportation facilities;
the preserve for the present and future enjoyment of 9. creation, maintenance, replacement or
its biological, aesthetic and scientific values, in an expansion of facilities required for the provision of
essentially natural condition. pubiic utilities; and
(42) "Water dependent activity" means an 10. other activities which are a public neccessity
activity which can only be conducted on, in, over, or or which are necessary to enhance the quality (or
adjacent to, water areas because the activity utility of the preserve and which are consistant with
requires direct access to the water body or the act and this chapter.
sovereignty lands for transportation, recreation, (1) For activities listed in paragraphs (r) For activities listed
18-20.004(l)(c)l.-10. above, the activity shall be

(R. 3/87)
18-20.004 INTERNAL IMPROVEMENT TRUST FUND V. 9, p. 692-2T

designed so that the structure or structures to be 2. provide boating and marina services (repair,
built in, on or over sovereignity lands are limited to pumpout, etc.);
structures necessary to conduct water dependent 3. improve and enhance public health. safety
activities. welfare, and law enforcement;
(g) For activities listed in paragraphs 4. improved public land management;
18-20.004(1)(e)7., 8., 9., and 10. above, it must be 5. improve and enhance public navigation;
demonstrated that no other reasonable alternative 6. improve and enhance water quality;
exists which would allow the proposed activity to be 7. enhancement/restoration of natural habitat
constructed or undertaken outside the preserve. and functions; and
(h) The use of state-owned lands for the purpose 8. improve/protect
of providing private or public road access to islands endangered /threatened/unique species.
where such access did not previously exist shall be (c) COSTS:
prohibited. The use of state-owned lands for the 1. reduced/degraded water quality;
purpose of providing private or public water supply 2. reduced/degraded natural habitat and
to islands where such water supplys did not function;
previously exist shall be prohibited. 3. destruction, harm or harassment of
(i) Except for public navigation projects and endangered or threatened species and habitat;
maintenance dredging for existing channels and 4. preemption of public use;
basins, any areas dredged to improve or create 5. increasing navigational hazards and
navigational access shall be incorporated into the congestion;
preempted area of any required lease or be subject to 6. reduced/degraded aesthetics; and
the payment of a negotiated private easement fee. 7. adverse cumulative impacts.
(j) Private residential multi-slip docking (d) EXAMPLES OF SPECIFIC BENEFITS:
facilities shall require a lease. 1. donation of land, conservation easements.
(k) Aquaculture and beach renourishment restrictive covenants or other title interests in or
activities which comply with the standards of this contiguous to the aquatic preserve which will
rule chapter and Chapter 18-21, Florida protect or enhance the aquatic preserve;
Administrative Code, may be approved by the 2. providing access or facilities for public land
board, but only subsequent to a formal finding of management activities;
compatibility with the purposes of Chapter 258. 3. providing public access easements and/or
Florida Statutes, and this rule chapter. facilities, such as beach access, boat ramps, etc.;
(l) Other uses of the preserve, or human activity 4. restoration/enhancement of altered habitat or
within the preserve, although not originally natural functions, such as conversion of vertical
contemplated, may be approved by the board, but bulkheads to riprap and/or vegetation for shoreline
only subsequent to a formal finding of compatibility stabilization or rr-establishment of shoreline or
with the purposes of Chapter 258, Florida Statutes, submerged vegetaiion;
and this rule chapter. 5. improving fishery habitat through the
(2) PUBLIC INTEREST ASSESSMENT establishment of artificial reefs or other such
CRITERIA projects, where appropriate;
In evaluating requests for the sale, lease or 6. providing sewage pumpout facilities where
transfer of interest, a balancing test will be utilized normally not required, in particular, facilities open
to determine whether the social, economic and/or to the general public;
environmental benefits clearly exceed the costs. 7. improvements to water quality such as
(a) GENERAL BENEFIT/COST removal of toxic sediments, increased flushing and
CRITERIA: circulation, etc;
1. any benefits that are balanced against the 8. providing upland dry storage as an alternative
costs of a particular project shall be related to the to wetslip; and
affected aquatic preserve; 9. marking navigation channels to avoid
2. in evaluating the benefits and costs of each disruption of shallow water habitats.
request, specific consideration and weight shall be (3) RESOURCE MANAGEMENT
given to the quality and nature or the specific (a) All proposed activities in aquatic preserves
aquatic preserve. Projects in the less developed, having management plans adopted by the Board
more pristine aquatic preserves such as must demonstrate that such activities are consistent
Apalachicola Bay shall be subject to a higher with the management plan.
standard than the more developed urban aquatic (b) No drilling of oil, gas or other such wells
preserves such as Boca Ciega Bay; and, shall be allowed.
3. for projects in aquatic preserves with adopted (c) Utility cables, pipes and other such
management plans, consistency with the structures shall be constructed and located in a
management plan will be weighed heavily when manner that will cause minimal disturbance to
determining whether the project is in the public submerged land resources such as oyster bars and
interest. submerged grass beds and do not interfere with
(b) BENEFIT CATEGORIES: traditional public uses.
1. public access (public boat ramps, boatslips, (d) Spoil disposal within the preserves shall be
etc.); strongly discouraged and may be approved only

(R.9/88)
V.9, p.6922U FLORIDA AQUATIC PRESERVES 18-20.004
structures shall be constructed and located in a 3. the dock will extend out from the shoreline no
manner that will cause minimal disturbance to further than to a maximum depth of minus four
submerged land resources such as oyster bars and (-4) feet (mean low water);
submerged grass beds and do not interfere with 4. when the water depth is minus four (-4)feet
traditional public uses. (mean low water) at an existing bulkhead the
(d) Spoil disposal within the preserves shall be maximum dock length from the bulkhead shall be
strongly discouraged and may be approved only 25 feet, subject in modifications accommodating
where the applicant has demonstrated that there is shoreline vegetation overhang;
no other reasonable alternative and that activity 5. wave break devices, when necessary, shall be
may be beneficial to, or at a minimum. not harmful designed to allow for maximum water circulation
to the quality and utility of the preserve. and shall be built in such a manner as to be part of
(4) RIPARIAN RIGHTS the dock structure;
(a) None of the provisions of this rule shall be 6. terminal platform size shall be no more than
implemented in a manner that would unreasonably 160 square feet; and
infringe upon the traditional, common law and 7. dredging to obtain navigable water depths in
statutory riparian rights of upland riparian conjunction with private residential, single dock
property owners adjacent to sovereignty lands. applications is strongly discouraged.
(b) The evaluation and determination of the (c) Private residential multi-slip docks shall
reasonable riparian rights of ingress and egress for conform to the following specific design standards
private, residential multi-slip docks shall be based and criteria:
upon the number or linear feet of riparian shoreline. 1. the area of sovereignty, submerged land
(c) For the purposes of this rule a private, preempted by the docking facility shall not exceed
residential, single docking facility which meets all the square footage amounting to ten times the
the requirements of Rule 18-20.004(5) shall be riparian waterfront footage of the affected
deemed to meet the public interest requirements of waterbody of the applicant, or the square footage
Rule 18-20.004(l)(b). Florida Administrative attendant to providing a single dock in accordance
Code. However, the applicants for such docking with the criteria for private residential single docks,
facilities must apply for such consent and must meet whichever is greater. A conservation casement or
all of the requirements and standards of this rule other such use restriction acceptable to the Board
chapter. must be placed an the riparian shoreline, used for
(5) STANDARDS AND CRITERIA FOR the calculation of the 10:1 threshold, to conserve and
DOCKING FACILITIES protect shoreline resources and subordinate/waive
(a) All docking facilities, whether for a single or any further riparian rights or ingress and egress for
multi-slip residential or commercial, shall be additional docking facilities;
subject to the following standards and criteria: 2. docking facilities and access channels shall be
1. no dock shall extend waterward or the mean prohibited in Resource Protection Area I or 2
or ordinary high water line more than 500 feet or 20 except as allowed pursuant to Section
percent of the width or the waterbody at that 258.42(3)(e)1., Florida Statutes, while dredging in
particular location whichever is less; Resource* Protection Area 3 shall be strongly
2. certain docks may fall within areas of special discouraged; 3. docking facilities shall only be approved in
significant biological, scientific, historic and/or 3. docking facilities shall only be approved in locations having adequate existing water depths in
aesthetic value and require special management the boat mooring. turning basin, access channels,
considerations. Modifications may be more and other such areas which will accommodate the
restrictive than the normally accepted criteria. Such proposed boat use in order to insure that a minimum
modifications shall be determined an a case-by-case of one foot clearance is provided between the deepest
analysis. and may include, but shall not be limited to draft of a vessel and the bottom at mean low water,
changes in location, configuration, length, width 4. main access docks and connecting or cross
and height; walks shall not exceed six (6) feet in width;
3. the number. lengths. drafts and types or 5. terminal platforms shall not exceed eight feet in width;
vessels allowed to utilize the proposed facility may also be stipulated; and 6. finger piers shall not exceed three (3) feet in
4. where local governments have more stringent width, and 25 feet in length;
standards and criteria for docking facilities, the 7. pilings may be utilized as required to provide
more stringent standards for the protection and adequate mooring capabilities; and
enhancement or the aquatic preserve shall prevail. 8. the following provisions of Rule
(b) Private residential single docks shall 18-20.004(5)(d) shall also apply to private
conform to the following specific design standards residential multi-slip docks.(d) Commercial, industrial and other revenue
and criteria: 1. any main access dock shall be limited in a generating/income related docking facilities shallconform to the following specific design standards
maximum width of four (4) feet; 2. the dock decking design and construction will and criteria:
insure maximum light penetration. with full 1. docking facilities shall only be located in or
consideration of safety and practicality; near areas with good circulation, flushing and
adequate water depths;

(R. 9/38)
18-20.006 INTERNAL IMPROVEMENT TRUST FUND V.9,p.692-2V

2. docking facilities and acess channels shall be Cockroach Bay April 21, 1967
prohibited in Resource Protection Area 1 or 2, Estero Bay September 6, 1983
except as allowed pursuant to Sections Charlotte Harbor
258.42(3)(c)1.,Florida Statutes; while dredging in (Cape Haze,
Resource Protection Area 3 shall be strongly Gasparilla
discouraged; Sound-Charlotte
3. the docking facilities shall not be located in Harbor, Matlacha
Resource Protection Area 1 or 2; however. main Pass and Pine Island
access docks may be allowed to pass through Sound) May 18. 1983
Resource Protection Area 1 or 2, that are located Indian River-Malabar
along the shoreline. to reach an acceptable Resource to Vero Beach January 21, 1986
Protection Area 3, provided that such crossing will Indian River Lagoon
generate minimal environmental impact; (Vero Beach to Fort
4. beginning July 1. 1986 new docking facilities Pierce and Jensen
may obtain a lease only where the local governments Beach to Jupiter
have an adopted marina plan plan and/or policies Inlet) January 22, 1985
dealing with the siting of commercial /industrial Loxahatchee
and private. residential.multi-slip docking facilities River-Lake Worth
in their local government comprehensive plan; Creek June 12, 1984
5. the siting of the docking facilities shall also Nassau River-St
take into account the access of the boat traffic to Johns River Marshes
avoid marine grassbeds or other aquatic resources in and Fort Clinch
the surrounding area; State Park April 22, 1986
6. the siting of new facilities within the preserve North Fork of the St.
shall be secondary to the expansions of existing Lucie River May 22, 1984
facilities within the preserve when such expansion St. Joseph Bay June 2, 1987
is consistent with the other standards; St. Martins Marsh September 9, 1967
7. the location of new facilities and expansion of Terra Ceia April 21, 1967
existing facilities shall consider the use of upland Wekiva River August 25,1987
dry storage as an alternative to multiple wet-slip Specific Authority 258.43(1) FS. Law Implemented
docking; 258.41, 258.42, 258.43(1). 258.44 FS. Hinory-New
8. marina siting will be coordinated with local 2-25-81, Amended 6-7-85, Formerly 16Q-20.004,
governments to insure consistency with all local Transferred from 16Q-20.004,Amenened 9-4-88.
plans and ordinances; 18-20.005 Uses, Sales, Leases or Transfer of
9. marinas shall not be sited within state Interests in Lands, or Materials, Held by the
designated manatee sanctuaries; and Board.
10. in any areas with known manatee Specific Authority 258.43(1) FS. Law Implemented
concentrations, manatee warning/notice and/or 253.02, 253.12, 258.42 FS. Hinory-New 2-25-81.
speed limit signs shall be erected at the marina Repealed 6-7-85,Formerly 16Q-20.05,Transferred from
and/or ingress and egress channels, according to 16Q-20.005.
Florida Marine Patrol specifications. 18-20.006 Cumulative Impacts. In evaluating
(c) Exceptions to the standards and criteria applications for activities within the preserves or
listed in Rule 18-20.004(5). Florida Administrative which may impact the preserves, the department
Code, may be considered, but only upon recognizes that, while a particular alteration of the
demonstration by the applicant that such exceptions preserve may constitute a minor change, the
are necessary to insure reasonable riparian ingress cumulative effect of numerous such changes often
and egress. results in major impairments in the resources of the
(6) MANAGEMENT AGREEMENTS preserve. Therefore, the department shall evaluate
The board may enter into management a particular site for which the activity is proposed
agreements with local agencies for the with the recognition that the activity may. in
administration and enforcement of standards and conjunction with other activities adversely affect the
criteria for private residential single docks. preserve which is part of a complete and interrelated
(7) In addition to the policies, standards and system. The impact of a proposed activity shall be considered
criteria delincated to subsections (1) through (6),
in light of its cumulative impact on the
the provisions of the following management plans preserve's natural system. The department shall
apply to specific aquatic preserves and art include as a part of its evaluation of an activity:
incorporated herein by reference. Where regulatory
(1) The number and extent or similar human
criteria in 18-20, F. A. C, may differ with specific actions within the preserve which have previously
policies in the management plans listed herein, the affected or are likely to affect the preserve, whether
general rule criteria shall prevail. considered by the department under its current
Date Adopted authority or which existed prior to or since the
Alligator Harbor September 23, 1986 enactment of the Act; and
Banana River September 17,1985 (2) The similar activities within the preserve

(R.9/88)
V. 9, p. 692 2W FLORIDA AQUATIC PRESERVES 18-20.012
which are currently under consideration by the aquatic preserve system. subject to confirmation by
department; and the legislature.
(3) Direct and indirect effects upon the preserve (2) The board may, after public notice and

and adjacent preserves, if applicable, which may public hearing in the county or counties in which the
reasonably be expected to result from the activity; proposed expanded or new preserve is to be located,
and adopt a resolution formally setting aside such areas
(4) The extent to which the activity is consistent to be included in the system.
with management plans for the preserve, when (3) The resolution setting aside an aquatic
developed; and preserve area shall include:
(5) The extent to which the activity is (a) A legal description of the area to be included.
permissible within the preserve in accordance with A map depicting the legal description shall also be
comprehensive plans adopted by affected local attached.
governments, pursuant to section 163.3161. F.S., (b) The designation of the type of aquatic
and other applicable plans adopted by local, state, preserve.
and federal governmental agencies; (c) A general statement or what is sought in be
(6) The extent to which the loss or beneficial preserved.
hydrologic and biologic functions would adversely
(d) A statement that the area established as a
impact the quality or utility of the preserve, and preserve shall be subject in the management criteria
(7) The extent its which mitigation measures and directives of this chapter.
may compensate for adverse impacts. (e) A directive to develop a natural resource
Specific Authority 258.43(1) FS. Law Implement inventory and a management plan for the area being
256.36. 256.43. 256.44 FS, Hisuary- New 2-25-81, established as an aquatic preserve.
Formerly 16Q-20.06,Transferred from 16Q-20.006. (4) Within 30 days or the designation and

18-20.007 Protection of Riparian Rights. establishment of an aquatic preserve, the board
Specific Authority 258.43(1) FS. Law Implement shall record in the public records of the county or
258.123, 256.124(8), 256.44 FS. History-New 2-25-81, counties in which the preserve is located a legal
Repealed 6-7-85, Formerly 16Q.20.07, Transferred from description of the preserve.
16Q-20.007. Specific Authority 258.43(1) F.S. Law Implemented
258.41 FS. History --New 2-25-81, Formerly 16Q-20.09,
18-20.008 Inclusion or Lands, Title to which Tramsferred from, 16Q-20.009.
Is Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which are within 18-20.010 Exchange of Lands. The board in its
designated aquatic preserve boundaries, or adjacent discretion may exchange lands for the benefit of the
thereto and which are owned by other governmental preserve, provided that:
appropriate instrument in writing executed by the (1) In no case shall an exchange result in any
land or water area being withdrawn from the
preserve;and
agency. (2) Exchanges shall be in the public interest and
(2) Lands and water bottoms which are within shall maintain or enhance the quality or utility of
designated aquatic preserve boundaries or adjacent the preserve.
theme, and which are in private ownership, may be Specific Authority 258.43(1) FS. Law Implemented
included in an aquatic preserve upon specific 258.41(5), 256.42(1), FS. History--New 2-25-81,
Formerly 16A-20.10, Transferred from 16Q-20.010.
authorization for inclusion by an appropriate
instrument in writing executed by the owner. 18-20.011 Gifu of Lands. The board in its
(3) The appropriate instrument shall be either a discretion may accept any gifts or lands or interests
dedication in perpetuity, or a lease. Such lease shall in lands within or contiguous to the preserve to
contain the following conditions: maintain or enhance the quality and utility of the
(a) The term of the lease shall be for a minimum preserve.
period of ten years. Specific Authority 256.43(1) FS. Law Implemented
(b) The board shall have the power and duty to 256.42(5) FS. History--New 2-25-81, Formerly
cnforce the provisions of each lease agreement, and 16Q.20.11. Transferred from 16Q-20.011.
shall additionally have the power to terminate any 18-20.012 Protection of Indegenous Life
lease if the termination is in the best interest of the Forms. The taking of indigenous life forms for sale
aquatic preserve system, and shall have the power to or commercial use is prohibited, except that this
include such lands in any agreement far prohibition shall not extend to the commercial
management of such lands. taking at fin fish,crustacea or mollusks, except as
(c) The board shall pay no more than $1 per year
for any such lease. prohibited under applicable laws, rules or
Specific Authority 256.43(1) FS. Law Implemented regulations. Members of the public may excercise
256.40, 256.41 FS. History--New 2-25-81, Formerly their right to fish, so long as not contrary to other
statutory and regulatory provisions controlling such
16Q-20.08, Transferred from 16Q-20.008. activities.
18-20.009 Establishment or Expansion of Specific Authority 258.43(1) FS Law Implemented
Aquatic Preserves. 258.43(1) FS. History--New 2-25-81, Formerly
(1) The board may expand existing preserves or 16Q-20.12. Transferred from 16Q-20.012. establish additional areas to be included in the
99.

(R. 9/88)
18-20.017 INTERNAL IMPROVEMENT TRUST FUND V. 9, p. 692-2X

18-20.013 Development of Resource
Inventories and management Plans for
Preserves.
(1) The board authorizes and directs the division
to develop a resource inventory and management
plan for each preserve.
(2) The division may perform the work to
develop the inventories and plans, or may enter into
agreements with other persons to perform the work.
In either case, all work performed shall be subject to
board approval.
Specific Authority 258.43(1) FS. Law Implemented
253.03(7). 253.03(8) FS. History--New 2-25-81,
Amended 8-7-85, formerly 16Q-20.13, Transferred from
16Q-20.013.
18-20.014 Enforcement. The rules shall be
enforced as provded in Section 258.46.
Specific Authority 258.43(1) FS. Law Implemented
258.46 FS. History--New 2-25-81, Formerly 16Q-20.14,
Transferred from 16Q-20.14.
18-20.015 Application form.
Specific Authority 253.43(1) FS. Law Implemented
258.423 FS History--New 2-25-81. Repealed 8-7-85,
Formerly 16Q-20.15, Transferred from 16Q-20.015.
18-20.016 Coordination with other
Governmental Agencies. Where a department of
Environemtnal Regulation permit is required for
activities on sovereignty lands the department will
coordinate with the Department of Environmental
Regulation to obtain a copy of the joint Department
of Army/Florida Department of Environmental
Regulation permit application and the biological
survey. The information contianed in the joint
permit application and biological assessment shall
be considered by the department in preparing its
staff recommendations to the board. The board may
also consider the reports of other governmental
agencies that have related management or
permitting responsibilities regarding the proposed
activity.
Specific Authority 253.43(1) FS. Law Implemented
258.43 FS. History--New 2-25-81, Formerly 16Q-20.16,
Transferred from 16Q-20.016.
18-20.017 Lake Jackson Aquatic Preserve, In
addition to the provisions of Rules 16-20.001
through 18-20.016, the following requirements
shall also apply to all proposed activities within the
Lake Jackson Aquatic Preserve. If any provisions of
this Rule are in conflict with any provisions of Rules
16-20.001 through 18-20.016 or Chapter 73-534.
Laws or Florida, the stronger provision for the
protection or enhancement of the aquatic preserve
shall prevail.
(1) No further sale, transfer or lease of
sovereignty lands in the preserve shall be approved
or consummated by the Board, except upon a
showing of extreme hardship on the part of the
applicant or when the board shall determine such
sale, transfer or lease to be in the public interest.
(2) No further dredging or filling of sovereignty
lands of the preserve shall be approved or tolerated
by the Board of Trustees except:
(a) Such minimum dredging and spoiling as may
be authorized for public navigation projects or for
preservation of the lake according to the expressed
intent of Chapter 73-534, Laws of Florida; and
(b) Such other lateration of physical conditions
as may be necessary to enhance the quality or utility
of the preserve.
(3) There shall be no drilling of wells,
excavation for shell or minerals, and no erection of
structures (other than docks), within the preserve,
unless such activity is accociated with activity
authorized by Chapter 73-534, Laws of Florida.
(4) The Board shall not approve the relocations
of bulkhead lines within the preserve.
(5) Norwithstanding other provisions of this act,
the board may, respecting lands lying within the
Lake Jackson basin:
(a) Enter into agreements for and establish lines
delincating sovereignty and privately owned lands;
(b) Enter into agreements for the exchange and
exchange sovereignty lands for privately owned lands;
(c) Accept gifts of land within or contiguous to the preserve.
Specific Authority 258.39(26) FS. Law Implemented
258.39(26). 258.43 FS. History--New 8-7-85. Formerly
16Q-20.017, Transferred from 16Q-20.017.
100

6cirpus caiijamicus
Giant bulrush
APP INDIX B

illustration provided by: 101
WAS, Center for Aquatic PlantS
University of Florida, Gainesville, 1990

jj--
Soft rush

illustration provided by.
IFAS, Center for Aquatic Plants
University of Florida, Gainesville, 1990 102

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