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







                                 OKLAWAHA RIVER


                        AQUATIC PRESERVE MANAGEMENT PLAN

















             QH                                             1992
             90.75
             16
             045
             1992                    DEPARTMENT OF NATURAL RESOURCES
















                              OKLAHAWA RIVER AQUATIC PRESERVE


                                       MANAGEMENT PLAN


                                     (CABINET READY DRAFT)

                                           MARCH 1992












                                      VIRGINIA WETHERELL


                                         Executive Director


                                  Department of Natural Resources




                                   This plan was prepared by the
                             Bureau of Submerged Lands and Preserves
                                       Division of State Lands




                                          0




                                               N7 O@


          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 ust recycled paper.










                                            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 Boundary                           15
                                 B.     Physiography                                    16
                                 C.     Geology                                         19
                                 D.     Hydrology                                       19
                                 E.     Water Quality                                   19
                                 F.     Archeological and Historical Resources          20
                                 G.     Vegetative Communities                          21
                                 H.     Aquatic Fauna and Fisheries Resources           25
                                 1.     Upland Fauna and Wildlife Resources             27
                                 J.     Species Designated Rare, Threatened,
                                        Endangered, or of Special Concern               27
                                 K.     Regional Land Use and Associated Impacts        30




            CHAPTERIV            MANAGEMENT AREAS
                                 A.     Introduction                                    31
                                 B.     Management Area Classifications                 32
                                 C.     Minimum Criteria for Allowable Uses             34
                                 D.     Management Areas                                37



            CHAPTER V            SITE-SPECIFIC MANAGEMENT ISSUES AND NEEDS
                                 A.     Management Issues & Special Needs               43
                                 B.     Management Initiatives                          44









           CHAPTER VI         MANAGEMENT ACTION PLAN                              45
                              A.     Resource Management and Inventory            48
                              B.     Resource Protection                          50
                              C.     Research and Coordination                    52
                              D.     Research and Environmental Education         53
                              E.     Recreation                                   55




           CHAPTER VII        MANAGEMENT COORDINATION NETWORK
                              A.     Federal Agencies                             57
                              B.     State Agencies                               58
                              C,     Regional Agencies                            60
                              D.     Local Agencies                               61


           CHAPTER Vill       STAFFING AND FISCAL NEEDS                           67



           CHAPTERIX          RESOURCES AND ACTIVITY MONITORING PROGRAM
                              A.     Resource Monitoring                          69
                              B.     Progress Monitoring                          69




                              REFERENCES                                          71










                                      LIST OF FIGURES AND TABLES




           Figure 1.            Aquatic Preserves in Florida                          5

           Figure 2.            Oklawaha River Aquatic Preserve Boundary              7

           Figure 3.            Silver River State Park Greenline Area                17

           Figure 4.            Oklawaha River Aquatic Preserve Vegetation Map        23

           Figure S.            Aquatic Preserve Management Area                      39

           Figure 6.            Marion County Proposed Future Land Use Map            41





           Table 1.             Some Invertebrate Classes and Orders of the
                                Oklawaha                                              26


           Table 2.             Fish Families of the Oklawaha System                  26

           Table 3.             Rare, Threatened, and Endangered Plant Species        28

           Table 4.             Rare, Threatened, and Endangered Animal Species       29

           Table 5.             Management Coordination Network Matrix                62-63

           Table 6.             Marion County Ordinances                              65











                                        LIST OF APPENDICES




           Appendix A.        Lists of Plant and Animal Species                 75


           Appendix B.       Administrative Codes                               87




























           Copies of the legal description of the Oklawaha River Aquatic Preserve, as well as copies
           of Chapter 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 Boulevard
                                             Mail Station 125
                                     Tallahassee, Florida 32399-3000










                                                    CHAPTERI


                                                 INTRODUCTION



                The Oklawaha River Aquatic Preserve is located in Marion County. The preserve
                was designated by legislative action on October 1, 1989. The Oklawaha River
                Aquatic Preserve encompasses approximately 20 miles of the middle reach of the
                Oklawaha River and the entire Silver River. The Oklawaha River Aquatic Preserve
                is approximately 4600 acres in size. The Silver River was designated an
                Outstanding Florida Water (OFW) in 1987, and the Oklawaha River reach within the
                Aquatic Preserve was designated an OFW in October 1989. Figure 1 indicates the
                location of all aquatic preserves in Florida and Figure 2 indicates the location and
                approximate boundary of the Oklawaha River Aquatic Preserve boundaries.

                The Oklawaha River is one of the principal rivers of Florida, and it is the largest
                tributary of the St. Johns River. The Oklawaha River itself is located almost entirely
                within Marion County with its headwaters located in the Oklawaha Chain of Lakes
                in Lake County, which includes Lake Apopka, Lake Harris, Lake Eustis, Lake Dora,
                Lake Yale, and Lake Griffin. The Palatlakaha River contributes flow into the
                Oklawaha Basin and is also considered a headwater area. From Lake Griffin, the
                Oklawaha River flows northward approximately 70 miles to its confluence with the
                St.- Johns River near Welaka.

                After leaving Lake Griffin, the Oklawaha River receives water from several creeks
                and springs along its path. The largest tributary of the Oklawaha River is the Silver
                River. During periods of low rainfall the Oklawaha River below the Silver River
                receives much of its flow from the Silver River. Silver Springs, the headsprings of
                the Silver River, has an average discharge of 550 million gallons per day and
                accounts for about 50 percent of the Oklawaha River's flow at the confluence of the
                Oklawaha and Silver rivers (USDA Forest Service, 1973).

                The Oklawaha River is an exceptional ecological and recreational resource. The
                Oklawaha River system, including the Silver River, is a very diverse and productive
                ecosystem. The ecological richness of the Oklawaha valley is due in part to the
                change in character of the river along its length. As the river flows from its
                headwaters in the Oklawaha chain of lakes to its confluence with the St. Johns
                River, changes in topography and hydrology create several distinct habitats within
                the river valley. Cutting through scrub, sandhills, and flatwoods, the Oklawaha
                River system serves as a vital connection between upland and aquatic nutrient
                cycles and temperate and subtropical wildlife communities.

                Blackwater rivers such as the Oklawaha, clear spring runs such as the Silver River,
                and the swamps that line their banks are important features of Florida's landscapes.
                The swamps are fed by nutrients washed in during highwater, and are shaped by
                the moving water that builds levees along the riverbanks and carves channels








                through them. Trees and understory plants support a large and varied food web.
                The mast and seeds that are produced in the forests along the river banks make
                them preferred habitat for many species of large mammals, and the rich variety of
                leaf types supports an insect population which attracts a wide array of migrating
                and resident birds. For these reasons the Oklawaha River valley has a much higher
                plant and animal diversity than do the surrounding uplands.

                The Oklawaha River reach within the aquatic preserve, along with the seven mile
                river segment downstream of Rodman Dam to the St. Johns River, represent the
                areas of the Oklawaha River valley least affected by the activities of man. Almost
                all of the Oklawaha River valley within the aquatic preserve is in public ownership
                .and is largely undeveloped. The Silver River State Park and the State of Florida
                Canal Authority lands account for most of the land surrounding the Silver River.
                The remaining lands in private ownership, including Silver Springs, along the Silver
                River are presently under consideration as a State of Florida Conservation and
                Recreation Lands (CARL) acquisition. With the exception of the developed
                attraction at the headwater springs, the length of the Silver River is undeveloped.

                Development and implementation of a management plan for the Oklawaha River
                Aquatic Preserve will help insure the protection, proper management, and continued
                value of this area as an ecological and recreational resource. This management
                plan examines the resource contained within the designated preserve boundaries
                .and suggests management issues and needs to further proper management and
                stewardship of this resource. As additional information concerning this resource
                becomes known, and as regulations affecting this preserve are implemented or
                revised, this plan will require revision to reflect those changes. As with any
                management plan, monitoring of plan implementation will be necessary to
                determine if the plan is adequately addressing the management issues and
                concerns.                                       C

                This management plan will be incorporated into the existing aquatic preserve rule -
                Chapter 18-20 Florida Administrative Code - following its approval by the Governor
                and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust
                Fund. The Board of Trustees of the Internal Improvement Trust Fund has been
                legislatively delegated statutory authority to exercise proprietary control over state-
                owned lands. Upon incorporation into rule, this management plan will have the
                same authority as current rule criteria.

                This plan is divided into the following sections by management application:

                       Chapter 11 - cites the specific statutory authority upon which the
                       resource management program for aquatic preserves in based;

                       Chapter III - description of the physical and biological components,
                       and resource values of the Oklawaha River Aquatic Preserve. This


                                                           2










                      section contains an overview of the land use of the associated
                      uplands of the preserve and the associated impacts of these uses;

                      Chapter IV - delineation of the management areas within the preserve;

                      Chapter V - determination of the site specific management issues and
                      needs;

                      Chapter VI - outline of the goals and objectives of the management
                      plan and the tasks necessary. to implement the plan;

                      Chapter Vil - identification of the federal, state, regional, and local
                      agencies that have regulatory authority relating to the preserve and
                      their relationship to the management and protection of the preserve.
                      This chapter also identifies the special interest groups, organizations,
                      and individuals that have no regulatory authority over the preserve,
                      but that do have an interest in the preserve;

                      Chapter Vill - estimation of the staffing and fiscal needs to implement
                      the management plan and provide effective management of the plan;

                      Chapter IX - suggested monitoring program to record and report
                      changes within the preserve, and establishes a system for
                      determining the effectiveness of the plan.
























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                                       AQUATIC
                                      PRESERVES

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               AOUATIC PRESERVES ARE ESTABLISHED
                 By THE FLORIDA LEGISLATURE AND
                    INCLUDE ONLY STATE OWNED
                  SOVEREIGNTY SUBMERGED LANDS.
               THE GOVERNOR AND CABINET SITTING
                  AS TRUSTEES OF THE INTERNAL                                                                                               o
                  IMPROVEMENT'TRUST FUND ARE
                    MANAGERS OF THESE AREAS.

                  FO   ORE INFORMATIO REGARDING
                    RAGMUATIC PRESERVES" CONTACT:

              DEPARTMENT OF NATURAL RESOURCES
               DIVISION OF STATE LANDS

                  BUREAU OF AQUATIC PRESERVES


                      3900 COMMOMW ALTH BLVD
                     TALLAMASSER.FL:RIDA 32303                                                                                          t, C,
                         C.IAT" w C.Aft
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                                                                                                      FIGURE I Aquatic Preserves in Florida








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                                                                                                                    FIGURE 2                    Oklawaha River Aquatic Preserve Boundary


                                                                                                                                7










                                                    CHAPTER 11


                                           MANAGEMENT AUTHORITY




                A. Statutory Authority

                The fundamental laws providing management authority for the Oklawaha River
                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 sovereign submerged lands. In addition, these statutes empower the Trustees
                to adopt and enforce rules and regulations for managing all sovereign 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 sovereign 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.


                                                          9








                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 sovereign 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.

                Backgrouno

                The laws supporting aquatic preserve management are the direct result of the
                public's awareness of and interest in protecting Florida's aquatic environment. The
                rampant dredge and fill Activities that occurred in the late 1960's spawned this
                widespread public concern.

                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 degradation due to
                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 areas of 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. Other preserves were individually adopted at subsequent times up
                through 1989. The Oklawaha River Aquatic Preserve was officially designated on
                October 1, 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 allowed in aquatic preserves
                specifically, and submerged lands in general. The general rules in Chapter 18-20,

                                                         10









               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;

                                                           12








                        (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."


                C. 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 Plan (LGCP) for Marion County is required
                by the -Local Government Comprehensive Planning and Land Development
                Regulation Act to have a comprehensive growth 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. Marion county's LGCP has
                been adopted and submitted to the State of Florida Department of Community
                Affairs for compliance review. The land development regulations designed to
                implement Marion County's Comprehensive Plan are to be adopted by May 1,
                1992.

                As stated in the Introduction, the Silver River and the portion of the Oklawaha River
                within the aquatic preserve have been designated Outstanding Florida Waters
                (OFW). An OFW` designation provides a waterbody with the highest degree of

                                                           13








              water quality protection under F9orida Department of Environmental Regulation
              rules. In general, any regulated activity that would the degrade ambient water
              quality in an OFW will not be permitted.

              The St. Johns River Water Management District has developed The U12per
              Oklawaha River Basin SWIM plan to address efforts to restore, enhance, and
              protect the headwaters and upper reaches of the Oklawaha River. The Upper
              Oklawaha River Basin SWIM area overlaps the Oklawaha River Aquatic Preserve
              form the southern boundary of the preserve to State Road 40. One of the
              objectives of the UORB SWIM plan is to improve the water quality in the Oklawaha
              basin.















































                                                     14










                                                    CHAPTER III


                                 DESCRIPTION OF THE AOUATIC PRESERVE




             A. Location and Boundary

             The Oklawaha River Aquatic Preserve is located in Marion County, Florida. It extends
             approximately 20 miles along the middle reach of the Oklawaha River and the Silver
             River from its confluence with the Oklawaha upstream approximately three miles (Figure
             2, page 7). The specific boundary of the Oklawaha River Aquatic Preserve is as follows:

                     The Oklawaha River Aquatic Preserve shall consist of those state-owned
                     sovereignty submerged lands lying below the ordinary high water line of
                     said land, located in Marion County. The preserve is more specifically
                     described as: Begin at the intersection of the southerly right-of-way of
                     county road 316 and the westerly ordinary high water line of the Oklawaha
                     River, located in Section 9, Township 13 South, Range 24 East. Thence
                     from said point of beginning proceed southerly along the ordinary high
                     water line of the Oklawaha River and its tributaries to its intersection with
                     the eastern line of Section 36, Township 15 South, Range 23 East.
                     Thence proceed northerly along said Section Line to its intersection with
                     the easterly ordinary high water line of the Oklawaha River. Thence
                     proceed northerly along said ordinary high water line to its intersection
                     with the southerly right-of-way of county road 316. Thence proceed west
                     along said road to the point of beginning; including Eaton Creek upstream
                     to the northern line of Section 3, Township 14 South, Range 24 East,
                     Daisy Creek upstream to county road 315, Silver River upstream to the
                     western line of Section 5, Township 15 South, Range 23 East. Less and
                     except Dead River and Orange Drain.

             The Oklawaha River Aquatic Preserve encompasses approximately 4600 acres. The
             majority of the land immediately adjacent to the state sovereign lands within the aquatic.
             preserve is in public ownership. The State of Florida Canal Authority land encompasses
             most of the land on both the east and west side of the preserve between the ordinary
             high water line and the take line for the Cross Florida Barge Canal Project which is now
             deauthorized. The Canal lands are now part of the Cross Florida Greenbelt State
             Recreation and Conservation Area. The Ocala National Forest lies along the entire
             eastern boundary of the aquatic preserve landward of the Conservation and Recreation
             Area. There are numerous inholdings of private ownership between the Canal lands and
             the Ocala National Forest. The land on either side of the Silver River is within the Silver
             River State Park for the entire length of the Silver River within the aquatic preserve.





                                                          15







             Much of the Oklawaha River Aquatic Preserve is within the Department of Natural
             Resources (DNR) Greenline Area surrounding the Silver River State Park. Figure 3
             illustrates the Greenline Area that has been developed for the Silver River State Park.


             B. Physiography

             The Oklawaha River Valley follows a well defined course with a wide floodplain. The
             stream bed of the Oklawaha is strongly influenced by a well-developed series of joints
             in the underlying rock. The Oklawaha is an old river, and has carved out a mile-wide
             floodplain through which it twists and turns. Sediments of the Oklawaha River floodplain
             are largely non-clastic in nature. The floodplain is largely composed of organic
             sediments such as peats and mucks.

             The Silver River also exhibits a wide, well-defined floodplain largely composed of organic
             mucks and peats.        The Silver River stream bed contains numerous limestone
             outcroppings and springs near its headwater springs and along its length.

             The physiographic divisions of the Oklawaha River Valley were described and
             summarized in Environmental. lmgact of the Cross Florida Barge Canal with Sgecial
             Emghasis on the Oklawaha River Ecosystem produced by the Florida Defenders of the
             Environment, 1970. This summary describes the unique physiographic feature of the
             Oklawaha River valley which is the freshwater marl that makes up the major portion of
             the floodplain.

             The Oklawaha drainage basin is approximately 2800 square miles and covers parts of
             Alachua, Lake, Marion, Putnam, and Orange counties (USDA Forest Service, 1973). The
             headwaters of the Oklawaha come from surface water from the overflow of several lakes
             located in the Oklawaha Chain of Lakes in Lake County, which includes Lake Apopka,
             Lake Harris, Lake Eustis, Lake Dora, Lake Yale, and Lake Griffin. The Palatlakaha River
             Basin in Lake and Polk Counties is a tributary to the Oklawaha Chain of Lakes. From
             Lake Griffin, the Oklawaha River flows northward approximately 70 miles to its
             confluence with the St. Johns River near Welaka.


             The Florida Natural Areas Inventory describes blackwater streams such as the Oklawaha
             and spring run streams such as the Silver River as follows:

             Blackwater Stream -         a perennial or seasonal watercourse characterized by tea-
             colored water with high particulate and dissolved organic matter content. Generally
             lacking an alluvial floodplain.

             Spring-run Stream -         a perennial watercourse with deep aquifer headwaters;
             characterized by clear water, approximately neutral pH and frequently a solid limestone
             bottom.







                                                         16






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                                                                                        WATERWAYS/WETLANDS OF CONCERN


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                                                                            OF CONCERN


                               MARION COUNTY

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                                                                                                    17               FIGURE 3 Silver River State Park
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                                                 18









                C. Geology

                Ocala Limestone underlies all of the Oklawaha Basin area. In some places it is
                covered by clayey deposits that impede the downward movement of water. In
                other areas it is overlain by sands and gravels or a combination of materials. The
                top of the underlying limestone is highly irregular due to karst dissolution. In some
                places it is overlain by 100 feet or more of various clastic sediments. In other
                places it outcrops as it does along the east bank of the Oklawaha River.


                D. Hydrology

                The Oklawaha River is the largest tributary of the St. Johns River and the Silver
                River is the- largest tributary of the Oklawaha.. After leaving Lake Griffin, the
                Oklawaha River receives water from several creeks and springs along its path.
                River flow is seasonal and varies with rainfall, particularly upstream from the Silver
                River. The flow in the upper Oklawaha River is partly regulated by water control
                structures in the upper Oklawaha River and the Oklawaha Chain of Lakes.

                The major factors influencing the hydrology of the Oklawaha River Valley are the
                relatively high annual rainfall and the permeable karst limestone terrain. The entire
                region is underlain by the Floridan aquifer system. Large quantities of groundwater
                are freely discharged from the aquifer. It is estimated that over half of the flow of
                the Oklawaha- comes from this limestone aquifer (USDA Forest Service, 1973).

                The Oklawaha receives a large inflow from the Floridan aquifer system through
                Silver Springs and the Silver River. The average daily discharge of Silver Springs
                is approximately 550 million gallons per day. Some 20 additional springs of various
                sizes have been located in the Oklawaha Valley between Silver Run and Rodman
                Reservoir, and several of these springs are within the aquatic preserve boundaries.
                Twenty miles north of Silver Run, the Oklawaha is joined by the small tributary of
                Orange Creek which, in turn, flows out of Orange Lake and Lochloosa Lake.


                E. Water Ouality

                The water of the Oklawaha River is highly enriched with nutrients and darkly stained
                by tannins and organic substances. The tannins and organic substances are
                washed from the river's floodplains. The river's high nutrient concentrations come
                from the eutrophic lakes in its upper basin and from the naturally occurring nutrient
                inputs from the Silver River and the associated floodplains of both rivers. The Silver
                River is a spring-fed river and exhibits very good water quality and clarity.

                The overall water quality of the Oklawaha River and Silver River has been found to
                be good and to meet its designated uses (Florida Department of Environmental
                Regulation, 1990 Florida Water Quality Assessment 305(b) Technical AQpendix).

                                                          19









               The Oklawaha River and the Silver River have been designated Class III Waters.
               Class III Water designation is for recreation and the propagation and maintenance
               of a healthy, well balanced population of fish and wildlife.

               The 305(b) Technical Aggendix states that the Oklawaha Basin has the distinction
               of having some of the most pristine lake and river reaches within the State of
               Florida as well as some of the most polluted. Lake Apopka has the worst pollution
               problem in the southern half of the Oklawaha Basin. . The 305(b) Technical
               Aggendix lists the Silver River as one of three water bodies having the best water
               quality within the entire Oklawaha River Basin. Water quality for the Oklawaha
               River reaches within the aquatic preserve boundaries ranged from fair to good for
               the reaches listed in the 305(b) Technical Aggendix.

               Steps are being taken- to improve water quality in the upper Oklawaha Basin and
               the upper reaches. of the Oklawaha River. Lake County has implemented sewage
               effluent control policies and is monitoring the water quality of the Oklawaha Chain
               of Lakes. Many of the point sources of pollution in the Oklawaha Chain of Lakes
               have either been eliminated or improved. Feasibility studies for the restoration of
               Lake Apopka are being conducted by the St. Johns River Water Management
               District. The District has acquired and converted several thousand acres of
               agricultural land adjacent to Lake Apopka to a flow-through marsh area. By
               allowing lake water to circulate through this marsh area, the nutrients will be
               reduced and water clarity improved as suspended materials settle out of the water
               into marsh. Assimilation of nutrients by aquatic plants may also contribute to the
               improved water quality but is not expected to be the primary mechanism.

               The District has also acquired two large agricultural areas along the upper reaches
               of the Oklawaha River upstream from the southern boundary of the preserve.
               District control of these areas will lessen the effects of stormwater and agricultural
               runoff into the Oklawaha River system. However, high Biochemical Oxygen
               Demand (BOD) levels and high nutrient loading still occur in the headwater lakes
               of the Oklawaha River due to agricultural activities on the large muck farms adjacent
               to the lakes. AN of these actions will have effects upon the downstream water
               quality within the Oklawaha system.


               F. Archaeological and Historical Resource

               The Oklawaha River has long been used by man as a travel corridor and for fishing,
               hunting, and foraging. Human habitation of the Oklawaha River Basin dates back
               to 1500 B.C. when Indians established camps along the river. The name
               "Oklawaha" comes from the Indian word "Okli-Waha" which means "great river"
               (Bigelow, 1970). There are shell mounds and middens along the Oklawaha and
               Silver Rivers. Some of these sites have been excavated and surveyed as to their
               archaeological significance. Many of the sites have been vandalized by "pot
               hunters".


                                                         20









               In more recent history, the river was used by Confederate forces during the Civil
               War to transport supplies, in order to avoid Union blockades on the lower St. Johns
               River. Hubbard Hart, who began a steamboat business in 1860 as a means of
               transporting supplies on the river, figured prominently in blockade-running during
               the Civil War. The steamers traveled down the St. Johns from Lake Harney to
               Welaka and up the Oklawaha River to the Seminole War post of Fort Brook, which
               was near the confluence of Orange Creek and the Oklawaha River. On their return
               trip to Lake Harney, the steamers carried cotton produced on southern plantations,
               which was the major export product of the south.

               After the Civil War, Hart continued to open the Oklawaha region to colonization and
               agricultural development by carrying goods, supplies, travelers, and tourists to the
               Oklawaha, Silver Springs, and the lake country of the Oklawaha's headwaters, and
               by transporting agricultural products, such as citrus, from the Oklawaha region to
               Palatka. The last season the Hart Line ran Oklawaha River trips was 1919. The
               Clyde Steamship Company and the Silver Spring Company continued to run
               steamboat trips on the Oklawaha and Silver rivers until the 1920s (Mitchell, 1947).


               G. Vegetative Communities

               For the purposes of this management plan, the vegetative communities found within
               and adjacent to the Oklawaha River Aquatic Preserve have been divided into the
               following broad categories; aquatic plant communities, wetland plant communities,
               and upland plant communities. Within the Oklawaha River valley system, these
               three broad categories contain the plant species that are part of the natural
               community continuum from hydric to xeric conditions. Figure 4 is a general
               vegetation map indicating the approximate extent of the dominant plant community
               - the wetland/floodplain forest mixed-swamp community - within the boundaries of
               the Oklawaha River Aquatic Preserve.

               The following is a brief description of the aquatic, wetland, and upland plant
               communities found in, immediately adjacent to, and associated with the Oklawaha
               River Aquatic Preserve.

               Aguatic Plant Communities.        A diversity of aquatic plant species and wetland
               communities are found in the Oklawaha and Silver River systems within the aquatic
               preserve boundary. The aquatic species vary with water level fluctuation, water
               quality, flow velocity, and available sunlight. In shaded areas of the Oklawaha
               River, submerged vascular plants are almost absent; blue green, green algae,
               flagellated algae, and diatoms are the most common plant species. Floating
               vegetation, submerged plants, emergent plants, and marsh-type plants are found
               along the river's banks and in shallow areas where water flow is less than in the
               main river channel (Lugo and Carr, 1970). The most common emergent aquatic
               plant is spatterdock, Nupha sp., which forms extensive beds which are important


                                                        21








                habitat for fish and other wildlife. Wild rice, Zizania aguatica, an important wildlife
                food source, is found along the river's banks.

                The water in the Silver River is of sufficient clarity to allow the growth and
                development of large beds of submerged vegetation such as eelgrass, Valisneria
                americana. These beds of submerged vegetation provide habitat for numerous
                aquatic animal species.

                Wetland Plant Communities. Within the aquatic preserve boundary, the wetland
                plant communities along the Oklawaha River consist of a mixture of hardwood
                swamp and cypress swamp. This mixed-swamp community of the river floodplain
                forest is composed mostly of deciduous hardwoods dominated by ash species and
                is the dominant community within the Oklawaha River valley. The Florida Natural
                Areas Inventory describes the two plant community categories that form the
                floodplain forest as follows:

                Hardwood Swamp- this category contains communities such as floodplain forests,
                floodplain swamps, and hardwood swamps. The vegetation in this category is
                characterized by sweet bay, Magnolia virginiana, black gum, Nyssa sylvatica, pop
                ash, Fraxinus caroliniana, red maple, Acer rubrum, and cypress, Taxodium
                distichum. Soils are floodplain types and are frequently inundated.

                Cypress Swamp- these are regularly inundated wetlands that form borders along
                rivers, creeks, and lakes, or occur as isolated wetlands. The dominant vegetation
                is bald and pond cypress, Taxodium distichum var. distichum and var. nutans
                sometimes with an understory of lyonia, Lyonia lucida, buttonbush Cephalanthus
                occidentalis, and assorted ferns.

                Appendix A-1 is a more extensive listing of the aquatic and wetland plant species
                found within the Oklawaha River Aquatic Preserve.

                Upland Plant Communities. The upland vegetation along the Oklawaha River is
                one of the striking features of the Oklawaha River system. Many of the plant
                species found surrounding the Oklawaha River are characteristic of the area.
                Several species reach their southern range limit here such as white ash, Fraxinus
                americana; hop-hornbeam, Ost!ya virainiana; box elder, -Acer ne-aundo; red
                buckeye, Aesculus pgMig; and swamp chestnut oak, Quercus michauxii. Other
                species such as cedar elm, Ulmus crassifolia; pumpkin ash, Fraxinus grofunda; and
                blue stem palmetto, Sabal minor; reach their maximum development in terms of
                abundance and size within Florida in the Oklawaha River system.

                The upland vegetation within the Oklawaha River system can be divided into three
                basic categories; hydric, mesic, and xeric hammocks. The hydric hammock
                community, which is found along the upland edge of the floodplain, is dominated
                by hardwoods with a canopy consisting of sweetgum, Liquidambar 5nraciflua,


                                                          22




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                                                                                                                                                                                           FIGURE 4                              Oklawaha River Aquatic Preserve
                                                                                                                                                                        23                                                                                       Vegetation Map



























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                                                             24








               cabbage palm, Sabal palmetto, red maple, Acer rubrum, laurel oak, Quercus
               laurifolia, and water oak, Quercus DW.        Ti@e-mesic hammock occurs farther
               upland from the hydric hammock community and is dominated by pignut hickory,
               Carya glabra, water oak, laurel oak, live oak, Quercus virainiana, sweetgum, and
               cabbage palm. The next plant community is the xeric hammock community, which
               occurs the furthest upland in the hydric, mesic, xeric hammock continuum. The
               xeric hammock community is dominated by evergreen oaks and is the driest of the
               three hammock communities. Within the aquatic preserve boundary are bluffs
               arising from the Oklawaha River where the progression from one hammock
               community to the next can be seen over a very short distance as elevation
               increases.


               A loblolly pine hammock community is found adjacent to the mesic hammock
               community and the river floodplain communities from Gores Landing southward
               along the Oklawaha River. Loblolly pine, Pinus taeda, is the dominant species in
               this community and hardwood species of the hydric and mesic hammock type are
               also found here. - The loblolly pine hammock is found on flat terrain with poorly
               drained, clay soils and is unique to this area of Florida. Appendices A-2, A-3, A-4,
               A-5, and A-6 list additional plant species found in these communities.


               H. -Aquatic Fauna and Fisheries Resource

               The Oklawaha River supports a large and diverse population of aquatic
               invertebrates which are important links in the system's food chain. Invertebrates
               are consumed by small carnivorous fish which, in turn, are consumed by larger
               game fish. The invertebrates are also consumed by game fish. Between 100 and
               125 species of aquatic insects are known to occur in the river system (Reid 1970).
               Two aquatic invertebrates, Campoloma floridensis, a live-bearing snail and
               Procambarus geod)des, a crayfish, are endemic to the St. Johns River drainage
               system (USDA Forest Service, 1973). Table 1 is a list of some of the invertebrate
               classes and orders found in the Oklawaha River system.

               Approximately 110 species of fish have been found in the Oklawaha River drainage
               system as compared to 78 species in the Escambia River and 70 species in the
               Savannah River in Georgia. The species diversity of the Oklawaha River can be
               related to its variety of sediment types, which range from mucks to sands. These
               different bottom types support plant and invertebrate life forms which are preyed
               upon by herbivorous, carnivorous, and omnivorous fish species (Reid, 1970).
               Table 2 lists some of the families of fish found in the Oklawaha River system. One
               species of fish, the Brown Darter, is found only in the Oklawaha River and an area
               of the St. Johns River near Welaka (Florida Game and Fresh Water Fish
               Commission, 1976b).




                                                        25










               Table 1. Some Invertebrate Classes and Orders of the Oklawaha


               Class                                Common Name

               Gastropoda                           Snails
               Pelecypoda                           Clams and Mussels
               Hirudinea                            Leeches
               Oligochaeta                          Aquatic Earthworms
               Nematoda                             Roundworms
               Turbellaria                          Flatworms


               Order


               Ephemeroptera                        Mayflies
               Diptera                              Mosquitoes, Flies
               Hemiptera                            True Bugs
               Odonata                              Dragonflies
               Lepidoptera                          Aquatic Caterpillars
               Coleoptera                           Beetles
               Tricoptera                           Caddis Flies
               Plecoptera                           Stoneflies
               Collembola                           Springtails
               Amphipoda                            Scuds
               Decapoda                             Crayfish and Shrimp
               Podocopa                             Seed Shrimp
               Eucopepoda                           Copepods
               Branchiura                           Fish Lice
               Cladocera                            Water Fleas
               Isopoda                              Sowbugs

               Sources: Reid (1970), Penak (1953), Pratt (1935).



               Table 2. Figh Families of the Oklawaha System

               Family                               Common Name

               Percidae                             Darters
               Goblidae                             Gobies
               Clupeidae                            Herring-like Fish
               Poecillidae                          Live-bearing Fish
               Cyprinidae                           True Minnows
               Amiidae                              Mudfish
               Lepisosteidae                        Garfish
               Centrarchidae                        Sunfish and Bass


                                                          26










                Escocidae                           Pickerel
                Ictaluridae                         Catfish
                Anguillidae                         Eels
                Catostomidae                        Suckers
                Aphredoderidae                      Pirate Perches

                Sources: Florida Game and Fresh Water Fish Commission (1976b), and Reid
                (1970).


                1. Upland Fauna and Wildlife Resources

                Vertebrates are the dominant animals in most ecosystems and serve as indicators
                of an ecosystem's diversity. The number of different vertebrate species in the
                Oklawaha River system indicates a rich ecosystem. More than 300 species of
                vertebrates, exclusive of fish species, inhabit the area surrounding the Oklawaha
                River (Layne, 1970). The diversity of animal species within the Oklawaha River
                system is due in part to the diverse habitat types found within a relatively small area
                surrounding the river system. The change from one plant community to the next
                occurs over a relatively short distance within the Oklawaha River Valley. This rapid
                change leads to substantial overlapping of the ranges of several different animal
                species.

                Several animal species, such as the rainbow snake, Farancia e!whrograma; the
                rough earth snake, Virginia striatula; and the spring peeper, Byla crucifer, reach
                their southern range limit in the Oklawaha River system. The floodplain forest along
                both the Silver River and the Oklawaha River is excellent habitat for the Florida
                black bear, Ursus americanus floridanus, a species listed as threatened by the
                Florida Game and Fresh water Fish Commission. It is also excellent habitat for the
                Florida panther, Felis concolorg@j, listed as endangered by the Florida Game and
                Fresh Water Fish Commission, should the panther be reintroduced to the area.
                More extensive lists of animal species found in the Oklawaha River system are in
                Appendices A-7 to A-10.


                J. Species Designated Rare, Threatened, Endangered, or of Special Concern

                There are several species of plants and animals native to the Oklawaha River
                system which are listed as rare, endangered, threatened, or of special concern.
                The status of each species was determined by federal and state agencies, and by
                conservation organizations. Tables 3 and 4 list some of the listed plant and animal
                species which are likely to inhabit the area within the Oklawaha River Aquatic
                Preserve boundary.




                                                           27








                Table 3. Rare, Threatened, and Endangered Plant SRecies


                SCIENTIFIC NAME               COMMON NAME                  STATUS               HABITAT



                Adianturn cal2illus-veneris   venus-hair                   S-T            mixed swamp
                                              fern


                Illicium garviflorum          star anise                   S-T,C-2        hydric hammock
                                                                                          spring-run

                Litsea aestivalis             pondspice                    S-T, C-2       hydric hammock
                                                                                          cypress dome
                Parnassia arandifolia         grass-of-
                                              parnassus                    S-E, S-2       mesic flatwoods
                                                                                          cypress dome,
                                                                                          river edge

                Psilotum nudurn               whisk fern                   S-T            mixed swamp

                Salix floridana               Florida willow               S-T, C-2       spring runs
                                                                           S-2, G-2       hydric hammock

                Sgigelia loganoides           Florida pinkroot             S-E            hydric hammock


                Lobelia cardinalis            cardinal flower              S-T            hydric hammock



                Status Exglanation:
                S = State of Florida listing; following number indicates the species status in Florida:
                an S-1 species is ranked as critically imperiled statewide due to extreme rarity, S-2
                species are imperiled, S-3 species are very rare or found in restricted ranges
                throughout the state. G = Global ranking based upon species worldwide status;
                a G-1 species is critically imperiled due to rarity or extreme vulnerability to
                extinction, G-2 globally imperiled, G-3 very rare or found in restricted ranges. F =
                Federal listing, E = Endangered, T = Threatened, R = Rare C = Candidate for
                listing by U.S. Fish and Wildlife Service; number indicates category of species,
                Category 1 species have the highest likelihood of being listed as rare, threatened,
                or endangered.

                Sources: Florida Natural Areas Inventory, 1990. Florida Game and Fresh Water
                Fish Commission, 1990. Florida Game and Fresh Water Fish Commission, Cross

                                                           28









                Table 4. Rare, Threatened, and Endangered Animal Species

                SCIENTIFIC NAME                    COMMONNAME                      STATUS


                Amphibians and Re2tilles

                Alliaator mississippiensis            American Alligator           S-SSC

                D!ymarchon corais coul2eri            Eastern Indigo Snake         S-T F-T



                Birds


                Aramus auarauna                       Limpkin                      S-SSC

                Egretta caerulea                      Little Blue Heron            S-SSC

                Earetta. thula                        Snowy Egret                  S-SSC

                Egretta tricolor                      Louisiana Heron              S-SSC

                Grus canadensis gratensis             Florida Sandhill Crane       S-T

                Haliaeetus leucoceghalus              Bald Eagle                   S-T F-E

                Mycteria americana                    Wood Stork                   S-E F-E



                Mammals


                Sciurus nj= shermani                  Sherman's Fox Squirrel       S-SSC

                Trichechus manatus
                        latriostris                   West Indian manatee          S-E


                Ursus americanus floridanus           Florida Black Bear           S-T



                Status Explanation:     S'= State of Florida Ranking
                                       F =  Federal Ranking
                                       SSC = Species of Special Concern
                                       R =  Rare
                                       T = Threatened
                                       E =  Endangered

                Source: Florida Game and Fresh Water Fish Commission (1990).

                                                            29









                K. Regional Land Use and Associated Impacts

                Within the aquatic preserve boundaries, almost all of the land adjacent to the
                Oklawaha and Silver Rivers is in public ownership. The State of Florida Department
                of Natural Resources and the United States Department of Agriculture Forest
                Service are the controlling agencies for the lands in public ownership within the
                aquatic preserve.     These agencies manage these lands for conservation,
                silviculture, and recreation. The U.S. Forest Service routinely harvests timber within
                the Ocala National Forest. However, no timber operations are conducted within the
                boundaries of the Oklawaha River Aquatic Preserve.

                Within the preserve boundaries there are limited privately owned inholdings used
                for silviculture, recreation, and low density residential use. These inholdings are
                primarily located along the Oklawaha River.

                The impacts upon the aquatic preserve from the adjacent land uses are at this time
                minimal. The land uses upstream from the aquatic preserve in the upper reaches
                of the Oklawaha River and in the Oklawaha Chain of Lakes have a much greater
                effect upon the preserve. The Silver Springs attraction located at the headwaters
                of the Silver River probably has a negative impact upon the water quality of the
                Silver River due to the large mammal enclosures that allow these animals direct
                access to the water.       As previously stated, lowered water quality due to
                urbanization, agricultural activities, and other activities in the headwaters of the
                Oklawaha and Silver Rivers are areas of concern.





























                                                         30


0














       OCLC: 26478789                 Rec stat:      c
       Entered:      19920825          Replaced:     19950607          Used:     19950511
      $Type: a            Bib LvL: m            Source:    d           Lang:   eng
       Repr:              Enc IvL: I            Conf pub: 0            Ctry:   flu
       Indx:  0           Mod rec:              Govt pub:  s           Cont:   b
       Desc:  a           Int LvL:              Festschr:  0           ILLus:  b
                          F/B:      0           Dat tp:    s           Dates:  1992,      %
      $   1  040      FBA 'c FBA   'd FDA %
      $   2  043      n-us-fL %
      $   3  092      574.9759 '2 20 %
      $   4  090      'b %
      $   5  049      NO@M %
      $   6  245  00  Oklahawa [i.e., OkLawaha] River aquatic preserve management plan
      :'b (cabinet   ready draft) / 'c prepared by the Bureau of Submerged Lands and
      Preserves, Division of State Lands. %
      $   7  260      [TaLLahassee] : 'b Dept. of Natural Resources, 'c [1992]. %
      $   8  300      96 p. : 'b maps ; 'c 28 cm. %
      $   9  500      "March 1992." %
      $ 10   504      Includes bibliographical references (p. 71-73). %
      $ 11   651    0 Oklawaha River (Fla.) %
      $ 12   650    0 Rivers 'z Florida. %
      $ 13   650    0 Aquatic resources 'z Florida 'z OkLawaha River. %
      $ 14   650    0 Marine parks and preserves 'z Florida 'z OkLawaha River 'x
      Management.   %
      $ 15 710 1      Florida. 'b Bureau of Submerged Lands and Preserves. %
      $ 16 740 01     OkLawaha River Aquatic Preserve management plan. %
 









                                                     CHAPTERIV


                                               MANAGEMENT AREAS




                A. Introduction


                This chapter describes management areas for the Oklawaha River Aquatic Preserve
                and delineates the general rule criteria apply for 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 differing types of upland land use (e.g., residential,
                commercial).

                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 the preserve. As
                such, this intent will afford habitat protection while lending some measure of
                predictability for allowable public and private 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 the 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.





                                                           31









                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 submerged lands
                within the preserve associated with existing and 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. The incorporation of a designated land use into the
                management area classification is simply an acknowledgement of a local
                government's decision as to how a specific upland area can be developed. In
                general, land uses to be incorporated in the classification of submerged lands
                management areas for all preserves include:


                       Agriculture LAG): This category represents state-owned submerged lands
                       adjacent to land designated on a future land use map for a county and/or
                       municipality as agriculture. It is intended to include sparsely populated areas
                       used primarily for agricultural and/or forestry purposes.

                       Single-Family (SE): This category represents state-owned submerged lands
                       adjacent to land designated on a future land use map for a county and/or
                       municipality as single-family residential. It is intended to include areas using
                       the adjacent portion of the preserve solely for private recreational activities.

                       Mufti-Family (ME): This category represents state-owned submerged lands
                       adjacent to land designated on a future land use map for a county and/or
                       municipality as multi-family residential. It is intended to include areas where
                       more  than one private residence are using the adjacent portion of the
                       preserve solely for private recreational activities. The associated residences
                       include townhouses, trailer parks, condominiums, apartments, and any other
                       group of mufti-family dwellings. This category also includes a group of
                       single-family property owners (i.e., homeowners association) that proposes
                       to use state-owned submerged lands for the mutual benefit of the group.

                       .Commercial-industrial JQ11:      This category represents state-owned
                       submerged lands adjacent to land designated on a future land use map for

                                                          32









                      a county and/or municipality as commercial or industrial. The category is
                      also intended to incorporate uses associated with structures that charge fees
                      or generate revenue. Examples of commercial uses include: marinas,
                      restaurants, fish houses, and yacht clubs that charge membership fees.

                      Public Recreation (PR): This category represents state-owned submerged
                      lands adjacent to land designated on a future land use map for a county
                      and/or municipality as public recreation/preservation and is utilized for the
                      purposes 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.

                      Preservation J-PT This category represents state-owned submerged lands
                      adjacent to land designated on a future land use map for a county and/or
                      municipality as preservation. Upland ownership can be either public or
                      private.


               Each of the land use classifications listed above is 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 is identified as a Primary Resource Protection Area
               (PRPA), then it will be assigned a resource value of "ll". 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 the above resource
               attributes will be identified as a Secondary Resource Protection Area (SRPA)
               and assigned a resource value of "T. 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
               single-family residential (SF), then this management area would be classified as
               SF/1.







                                                        33










               C. Minimum Criteria for Allowable Uses

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


               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 ordinary high water line (OHWL) 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
               ordinary low water (OLW) and a reduction in the width of a terminal platform to 4
               feet wide if the platform is over submerged vegetation. This reduction will not affect
               the overall area of the terminal platform.


               Private Residential Single Docks: Section 18-20.004(5)(b), F.A.C., states that
               private residential single docks, as defined by Section 18-20.003(23), F.A.C., shall
               conform to the following specific design standards and criteria:

               1.     any main access dock cannot exceed a maximum width of four feet;

               2.     must be designed and constructed to ensure maximum light penetration;

               3.     can extend from the shoreline no further than -4 feet at (OLM;



                                                         34









                4.     when the water depth is -4 feet MLW at an existing bulkhead, the maximum
                       dock length from the bulkhead shall be 25 feet, subject to modifications
                       accommodating shoreline vegetation overhang;

                5.     wave break devices shall be designed to allow for maximum water circulation
                       and built in such a manner as to be part of the dock structure;

                6.     the maximum size of the terminal platform shall not exceed 160 square feet;

                7.     dredging to obtain navigable water depths is strongly discouraged.

                In the interests of clarification, the term "private residential single docks" refers to
                those docks associated with single-family residences that are used for private
                recreational purposes.


                Private Residential Multi-Slip Docks: Section 18-20.004(5)(c), F.A.C., states that
                private residential multi-slip docks, as defined by Section 18-20.003(24), F.A.C.,
                shall conform to the following design standards and criteria:

                1 .    the area of sovereignty submerged land preempted by the docking facility
                       shall not exceed the square footage amounting to ten times the riparian
                       waterfront footage of the affected waterbody of the applicant, or the square
                       footage attendant to providing a single dock in accordance with the criteria
                       for private residential single docks, whichever is greater. A conservation
                       easement or other such restriction acceptable to the Board must be placed
                       on the riparian shoreline, used for the calculation of the 10:1 threshold, to
                       conserve and protect shoreline resources and subordinate/waive any further
                       riparian rights of ingress and egress for additional docking facilities;

                2.     docking facilities and access channels shall be prohibited in Resource
                       Protection Areas 1 and 2 (= PRPA), except as allowed pursuant to Section
                       258.42(3)(e)l, F.S., while dredging in Resource Protection Area 3 (= SRPA)
                       shall be strongly discouraged;

                3.     water depths adjacent to and within the proposed mooring area shall have
                       a minimum clearance of one foot between the deepest draft vessel and the
                       submerged bottom at OLW;

                4.     main access piers and connecting walks shall not exceed six feet in width;

                5.     terminal platforms shall not exceed eight feet in width;

                6.     finger piers shall not exceed three feet in width and 25 feet in length;

                7.     pilings may be utilized as required to provide adequate mooring capabilities;

                                                           35








                 8.     specific provisions of Section 18-20.004(5)(d), F.A.C., for commercial,
                        industrial, and other revenue generating/income related docking facilities
                        shall also apply to private residential mufti-slip docks.


                 Exceptions to the standards and criteria for any docking facility may be considered,
                 but only upon demonstration that such exceptions are necessary to ensure
                 reasonable riparian ingress and egress.


                 Lease or Transfer of Lands: Section 18-20.004 (1)(b), F.A.C., states that there
                 shall be no further lease or transfer of sovereignty lands within an aquatic preserve
                 unless such transaction is in the public interest. Section 18-20.004(2), F.A.C.,
                 specifically defines the public interest test. Section 18-20.004(l)(e), F.A.C., states
                 that a lease, easement, or consent of use may be authorized only for the following
                 activities: (1) a public navigation project; (2) maintenance of an existing navigation
                 channel; (3) installation or maintenance of approved navigational aids; (4) creation
                 or maintenance of a commercial/industrial dock, pier, or marina; (5) creation or
                 maintenance of private docks; (6) minimum dredging of navigation channels
                 attendant to docking facilities; (7) creation or maintenance of shore protection
                 structures; (8) installation or maintenance of oil and gas transportation facilities; (9)
                 creation, maintenance, replacement, or expansion of facilities required for the
                 provision of public utilities; and (10) other activities which are a public necessity or
                 which are necessary to enhance the quality and quantity of the preserve and which
                 are consistent with the Florida Aquatic Preserves Act (Sections 258.35 - 258.46,
                 F.S.). Section 18-20.004(l)(0, F.A.C., states that structures to be built in, on, or
                 over sovereignty lands are limited to those necessary to conduct water-dependent
                 activities.



                 Utilily 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 and do not interfere with
                 traditional uses. It will be the policy to place additional utilities into designated
                 corridors or existing easements within the Oklawaha River Aquatic Preserve.


                 SROH 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.





                                                            36









                Piers: Piers shall be constructed in accordance with the minimum criteria provided
                by Section 18-20.004(5)(b), F.A.C. In addition, the following conditions apply to all
                piers: (1) the entire structure will be elevated to a minimum of,5 feet above the
                OHWL, (2) hand rails will be installed around the perimeter of the structure, (3) at
                least one "Docking Prohibited" sign will be posted and maintained on each side of
                the pier, (4) no temporary or permanent mooring of vessels will be permitted, and
                (5) dredging is prohibited when associated with pier construction and maintenance.

                Ramps: Boat ramps will be reviewed on a case-by-case basis. Determining
                factors to be reviewed include: (1) the elimination or alteration of natural resources
                or habitat (e.g., submerged grasses, shoreline vegetation, nesting areas), (2) the
                amount of dredging and/or filling of submerged lands, and (3) accessibility to the
                ramp from water and land routes.


                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.



                D. Management Areas

                In this section, the management areas are 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.
                Due to the public ownership of virtually all of the land adjacent to the Aquatic
                Preserve and the homogenous nature of the floodplain communities associated with
                the Oklawaha and Silver Rivers, a single management area should be designated
                (Figure 5).

                Marion County's Future Land Use Map transmitted to the State of Florida for
                primary review designates the land within the aquatic preserve as a Natural
                Reservation as defined in Rule 9J-5.003(58) FAC. The land adjacent to the Natural
                Reservation is designated as Rural Land with a base density of one dwelling unit
                per ten acres. The Future Land Use Map also designates an Environmentally
                Sensitive Overlay Zone on those lands in private ownership within approximately
                one quarter of a mile on either side of the Oklawaha River (Figure 6).

                The management area designation of PR/1 - public recreation/primary resource
                protection area - is the most appropriate designation. The management area
                criteria for the aquatic preserve are as follows:



                                                         37








                                          MANAGEN119INT AREA MLI

                              public recreation/primary resources/protection area

                      Boundaries: This area is defined as the state-owned submerged lands of
                      the Oklawaha River Aquatic Preserve aq described in Chapter Ill.

                     ..Description: This area is characterized by the channels and extensive, well-
                      defined floodplains of the Oklawaha and Silver Rivers. The dominant
                      vegetative species are deciduous hardwoods and bald cypress. The area
                      provides habitat for numerous aquatic and terrestrial animal species. The
                      adjacent uplands along the border of the aquatic preserve are primarily in
                      public ownership. Much of the privately held uplands are owned by timber
                      companies with a few smaller, individually owned tracts.

                      Allowable Uses: utility easements (in designated corridors), public docks
                      (constructed or repaired in a manner to minimize impacts on submerged
                      lands resources), ramps, piers.






























                                                        38






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                                                                                                                                             39



























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                                                             40








                                   LEGEND

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                                                                                                                        13 24     19
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          MARION COUNTY - Year 2001                                                                                                                           SUMTER     COUNTY                          Hay I                    LAKE










                                                   CHAPTER V


                     SITE SPECIFIC RESOURCE MANAGEMENT ISSUES AND NEEDS




               This chapter lists the currently recognized management issues that affect the
               Oklawaha River Aquatic Preserve from the standpoint of maintaining or enhancing
               the ecological integrity of the preserve, and the safe utilization of the resource by
               the public. The first section of this chapter is concerned with the management
               issues peculiar to the preserve. The latter section of this chapter suggests
               management initiatives to address the concerns of the management issues.


               A. Management Issues

               Due to the public ownership of most of the uplands immediately adjacent to the
               Oklawaha River Aquatic Preserve, there are currently no management concerns
               due to adverse impacts from development of the uplands adjacent to the preserve.
               It is assumed that very few or no submerged land leases or easements that are
               associated with private sector activities will be applied for within the aquatic
               preserve. The section of the Oklawaha and Silver Rivers within the aquatic preserve
               aee, however, part of a much larger ecosystem that is the Oklawaha River Valley
               system from the Oklawaha headwater lakes to the confluence of the Oklawaha and
               St. Johns Rivers.


               Unfortunately, some of the activities that are having adverse impacts upon the
               Oklawaha River Aquatic Preserve have not occurred within the limits of the preserve
               and are beyond the specific regulatory authority governing the preserve.
               Coordination with other agencies and local governments that have regulatory
               authority over and management responsibility for the natural resources within the
               Oklawaha River Valley should be of primary concern.

               Management of the Oklawaha River, its headwaters, and tributaries should be
               undertaken on a system-wide basis to maintain and where necessary enhance the
               biological integrity of the system. Restoration activities, as part of a system-wide
               approach, in the upper Oklawaha River basin have begun as part of the SWIM Plan
               for this basin. Further integration of the programs of the managing agencies will
               be of benefit to the natural and cultural resources within the Oklawaha River Aquatic
               Preserve. The inclusion of those lands outside of but adjacent to the aquatic
               preserve that are in the Cross Florida Greenbelt State Recreation and Conservation
               Area, into the management framework of the aquatic preserve will enhance the
               preserve.

               The primary management issues within the aquatic preserve are associated with the
               ever increasing recreational use of the river. Increased boat traffic brings with it an

                                                         43









                increased rate of bank erosion due to wave and wake action and the increased
                potential for boating accidents. On a river such as the Oklawaha that is relatively
                narrow, winding, conta:ins numerous sharp bends, and has heavily vegetated banks
                that limit sight distance and attenuate sounds, the potential for boating collisions is
                heightened, particularly when canoes and motorboats of various sizes and
                horsepower are mixed. If public safety and accelerated bank erosion due to boat
                traffic are not currently issues of concern on the Oklawaha River, they will be as the
                recreational pressure upon the river increases. A Marion County ordinance
                establishes a no wake zone for the entire length of the Silver River. The no wake
                zone was imposed to limit the ill effects of erosion from boat wakes along the
                banks of the Silver River.

                Another management issue of growing concern is the pillaging of Indian middens
                and other archaeological sites within the aquatic preserve, particularly along the
                Oklawaha River.



                B. Management Initiatives

                The following are suggested management activities and initiatives that will address
                the previously listed management issues. These initiatives are site specific and go
                beyond the issues currently addressed by statute or rule.


                       1.     Integrate and coordinate the management of the aquatic
                              preserve with those agencies having system-wide management
                              responsibility so as to provide for the maintenance and
                              enhancement of the ecological integrity of the preserve and
                              entire riverine system.


                       2.     Provide for the increased protection of the archaeological and
                              cultural resources within the preserve.


                       3.     Determine the feasibility of providing additional low impact
                              access points, such as visual access and bank fishing areas,
                              along the rivers within the aquatic preserve.


                       4.     Determine the extent of any safety problem from boat speed
                              and the extent of the acceleration of bank erosion from wake
                              action.






                                                          44










                                                    CHAPTER VI


                                          MANAGEMENT ACTION PLAN




                This chapter establishes the guidelines which allow for the management and
                protection of the Oklawaha River Aquatic Preserve's natural, archaeological and
                cultural resources for the benefit of the current and future generations of residents
                and visitors of Florida (Section 258.35, F.S.).

                Before an effective program can be designed to manage and protect natural
                resources, the function, importance, extent, and location of those resources must
                be determined and defined. At the very least, a basic understanding of the function
                of a natural system is fundamental to its proper management.

                Additionally, the identification of those activities or parameters that affect a natural
                system and its resources, either positively or negatively, is necessary. 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 inventory,
                resource management, resource protection, research, recreational use, and
                environmental education.


                The management program for this preserve includes: (1) collecting, cataloging,
                and providing information on the ecological functions and economic importance of
                the natural systems and resources within the preserve; (2) overseeing those
                activities that affect the natural resources and their natural function within the
                preserve; (3) ensuring that accurate biological and physical information is
                considered in permit-related issues and planning decisions; (4) ensuring that all
                statutes and rules regarding the preserve's natural resources are followed and that
                violations are enforced by the appropriate authorities; (5) conducting site surveys
                for specific activities; (6) coordinating with other resource management and
                enforcement agencies; (7) educating the public on the inherent ecological and
                economic values of the natural resources associated with the preserve; (8)
                conducting or cooperating with other entities to conduct pertinent research
                projects; and (9) developing a comprehensive management program that can be
                periodically updated.

                Coordination with other agencies and entities is key to the successful
                implementation of a management program for the aquatic preserve. Many
                agencies and governmental entities outside the Bureau of Submerged Lands have
                regulatory responsibility and enforcement authority over the natural resources
                associated with the preserve, both within and outside of the preserve boundaries.



                                                          45









               The Department of Environmental Regulation and the St. Johns River Water
               Management District have jurisdiction over dredge and fill activities, and stormwater
               management. Both of these activities can have a detrimental impact upon the
               resources within the preserve. Marion County, through the broad home rule
               powers afforded local governments and the Growth Management Act, regulates the
               land use that occurs on the privately owned uplands adjacent to and surrounding
               the aquatic preserve. The Florida Game and Fresh Water Fish Commission has
               enforcement powers for wildlife regulations, dredge and fill violations, hazardous
               material discharges, and other activities that are deleterious to the resources within
               the aquatic preserve.

               This section outlines goals, objectives, and actions to implement a management
               program for the Oklawaha River Aquatic Preserve.


               The resource management goals for aquatic preserves are specified 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;



                                                         46









                              (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;

                                     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. "


                In order to implement the overall goals of resource management within the aquatic
                preserve as specified by Chapter 18-20, F.A.C., and address the previously listed
                management initiatives, the following goals must be reached: (1) developing and
                maintaining current, detailed resource inventories; (2) assessing the impact of
                human activities on the resources within the preserve; (3) develop reasonable
                regulation, when and where necessary, to protect the resources and address
                specific problems within the preserve; (4) establishing habitat restoration programs
                where needed; (5) coordinating and cooperating with other agencies in water
                quality improvement, research, and system-wide management; (6) environmental
                education of the public utilizing the preserve as to the function and importance of
                the preserve; and, (7) providing for reasonable recreational use of the preserve.


                                                          47









                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 AND INVENTORY


                The resource management goals for the aquatic preserve are to: (1) determine the
                extent and condition of the resources within the preserve; (2) identify sources of
                degradation or adverse impact to those resources; and, (3) restore degraded or
                altered areas to their natural condition as practicable.


                GOAL 1: DEVELOP AND MAINTAIN RESOURCE INVENTORIES

                Objective 1.1: Develop and maintain an inventory of the plant communities found
                within the preserve by December 1993.

                       Task 1.1.1: Conduct an inventory of the plant communities within and
                       immediately adjacent to the aquatic preserve. This inventory should include
                       the aquatic, wetland, and upland plant communities found within and
                       adjacent to the preserve.        The diversity and relative health of the
                       communities should be noted so as to allow for comparison to later
                       inventories. This inventory shall be conducted once every three years.

                       Task 1.1.2: The database generated from this inventory will be used to
                       create biological resource maps and inventory files.

                Objectiv!l 1.2: By June 1994 an inventory of listed species, both plant and animal
                species known to inhabit or that have a high probability of inhabiting the preserve,
                and their habitats will be established.

                       Task 1.2.1.: Conduct an inventory of listed species and their habitats by
                       using data from existing literature and current'research studies, if available.
                       This inventory shall be conducted once every three years.

                       Task 1.22 The database generated from this inventory will be used to.
                       create biological resource maps and inventory files.





                                                         48










               GOAL 2: ASSESS THE EFFECT OF HUMAN ACTIVITIES AND CUMULATIVE
               IMPACTS

               Objective 2.1: By December 1992 an assessment of the effects of human activities
               upon the natural resources within the preserve shall be conducted. The effects of
               human activities outside of the preserve that have direct bearing upon the preserve
               will also be assessed.


                       Task 2. 1. 1: Conduct a survey and assessment of the human activities within
                       the preserve to determine if there is a direct relationship between these
                       activities and diminution of the function, quality, extent, or health of the
                       natural resources within the aquatic preserve.

               Obiective 2.2: By June 1993 a survey and assessment of the cumulative impacts
               of human activity upon on the natural resources within the preserve shall be
               conducted.


                       Task 2.2. 1: Conduct a survey of all docks, dredged areas, eroded shoreline
                       areas, boat ramps, landings, and other applicable human uses and impacts
                       within the preserve.

               Obiective 2.3: By August 1993 a report shall be prepared assessing the effects and
               cumulative impacts of human activities upon the aquatic preserve.

                       Task 2.3.1: Prepare a report utilizing the information gathered for Objectives
                       2.1 and 2.2 that assesses and summarizes the effects and cumulative
                       impacts of human activities within and outside of the aquatic preserve that
                       affect the preserve.



               GOAL 3: RESTORE DEGRADED HABITAT AND ADVERSELY AFFECTED
               AREAS


               Obiective 3.1: By December 1993, areas in need of restoration or stabilization
               within the aquatic preserve will be identified.

                       Task 3.1.1: All areas in need of restoration will have appropriate restoration
                       plans prepared for the sites. The plans will specify a schedule for
                       completion., Restoration utilizing vegetation native to the preserve will be
                       given preference to utilization of structural alternatives such as rip-rap or
                       retaining walls in the case of shore stabilization, where practicable.






                                                         49










                B. RESOURCE PROTECTION

                In order to maintain the biological integrity of the aquatic preserve, it is imperative
                to protect the resources that are within the preserve and the resources that
                comprise the entire system. The primary focus of the resource protection section
                is the protection of the various habitats and communities that make up the
                preserve. The goals of the aquatic preserve program with regard to resource
                protection include: (1) protection of the existing resources within the preserve;
                (2) protection of habitat of listed species; (3) development of management
                strategies or regulations to address the adverse impacts and cumulative impacts
                of human activities affecting the resources within the preserve.


                GOAL 1: PROTECTION OF RESOURCES WITHIN THE PRESERVE

                Ob6ective 1.1: Potential damage to submerged and emergent vegetation will be
                minimized through the review of applications for use of state-owned land in the
                aquatic preserve.

                       Task 1.1.1: Field staff will develop a written policy describing a scientifically
                       based, standardized method to inventory the submerged and emergent
                       biological resources at the proposed project site. At a minimum, this policy
                       will contain the following information:

                       a)     The area to be surveyed:
                              1)      will be described as a polygon, and
                              2)      will include the proposed location of the activity/structure and
                                      the adjacent area surrounding the project. The size of this
                                      adjacent area shall be determined by the methods described
                                      in the written policy.

                       b)     How the survey is to be performed:
                              1)      Two areas within the survey area will be assessed:

                                      i.     the submerged bottom, including:
                                                    a description of all communities/habitats,
                                                    a description of the bottom type,
                                                    depth profiles, and
                                                    a physical description of the surrounding
                                                    waterbody;

                                      ii.    the shoreline (where appropriate), including:
                                                    a description of the vegetation,
                                                    a description of any existing structures,
                                                    notation of any nesting birds, and
                                                    notation of any designated species.

                                                          50









                      Task 1.1.2: Coordinate with the appropriate regional DNR planner in order
                      to process the field staff comments in a timely manner.

                      Task 1.1.3: Coordinate with other appropriate agencies that have regulatory
                      authority or review responsibility for these projects.

               Obeective 1.2: Ensure that structures and projects that have been authorized are
               in compliance with the authorized conditions.

                      Taskl.2.1: Coordinate with the appropriate regional DNR planner to receive
                      copies of all letters of consent, easement agreements, lease agreements,
                      and other forms of authorizations.

                      Task 1.2.2:    Report variations from the authorized conditions to the
                      appropriate DNR enforcement agent.

                      Task 1.2.3: Coordinate with other appropriate agencies that have regulatory
                      authority or review responsibility for these projects.

               Objective 1.3: Ensure that structures and projects that have been built or are
               occurring have been authorized.

                      Task 1.3. 1: Report activities that do not appear to have been authorized to
                      the appropriate DNR enforcement agent.

                      Task 1.3.2: Coordinate with other appropriate agencies that have regulatory
                      authority or review responsibility for these projects.


               GOAL 2: PROTECTION OF LISTED SPECIES AND THEIR HABITAT

               Objective 2.1: Ensure that listed species and their habitats are given maximum
               protection through the permit-review process.

                      Task 2. 1. 1: Recommend modifications to proposed projects on state-owned
                      submerged land in order to protect the habitat of listed species.

                      Task 2.1.2: Field staff will coordinate with the Florida Game and Fresh Water
                      Fish Commission when the habitat of listed species or "significant use areas"
                      could be affected by proposed activities.

               Objective 2.2: Develop management strategies, by August 1994, to enhance and
               protect listed species and their habitat.




                                                        51








                       Task 2.21: Field staff will utilize the inventory of listed species and their
                       habitat to identify the areas where listed species are being adversely
                       affected.

                       Task 2.2.2: Management strategies, restoration plans, or regulations will be
                       developed and timely implemented to mitigate or remove the identified
                       adverse impacts upon listed species.


                GOAL 3: MINIMIZE THE ADVERSE AFFECTS OF HUMAN ACTIVITIES

                Obiective 3.1: Ensure that human use of the preserve does not create adverse
                impacts or deleteriously -affect the resources within the preserve.

                       Task 3. 1. 1: Based upon the information gathered in the management
                       surveys, assessments, and inventories, determine the extent of identified
                       problem areas.

                       Task 3.2.2: Develop management strategies or regulations to mitigate or
                       remove the cause of the identified adverse impacts or effects.



                C. COORDINATION, ENHANCEMENT, AND, IMPROVEMENT

                The Oklawaha River Aquatic Preserve is one part of a much larger river system that
                traverses several political boundaries and falls under multiple -agency jurisdictions.
                In order to successfully implement protection, enhancement, restoration, or
                improvement measures, coordination with these political entities and agencies is
                necessary. Therefore, the goals of the aquatic preserve management program
                should be focused upon coordinating and cooperating with other agencies and
                entities in assessing, improving, and maintaining conditions that are conducive to
                preserving the resources within the preserve.


                GOAL 1: IMPROVE WATER QUALITY WITHIN THE PRESERVE

                Objective 1.1: Coordinate with DER, the Water Management District, the Corps of
                Engineers, and local governments to improve water quality in the preserve.

                       Task 1. 1. 1: Coordinate with the St. Johns River Water Management District,
                       DER, and local governments toward improving the management of surface
                       water and stormwater discharges into the aquatic preserve.

                       Task 1.1.2: Coordinate with the St. Johns River Water Management District
                       regarding the restoration activities that the District is conducting in the upper

                                                          52









                      reaches of the Oklawaha River and the Oklawaha Basin to improve the
                      quality of the water flowing into the preserve.


               GOAL 2: COORDINATE WITH LOCAL GOVERNMENTS ON LAND USE
               PLANNING


               Objective 2.1: Coordinate with local planning departments, regional planning
               councils, and the Department of Community Affairs to develop, revise, and evaluate
               local government comprehensive plans and plan amendments.

                      Task 2.1.1: Establish the role of the aquatic preserve manager as the field
                      representative for DNR Aquatic Preserves with local governments.

                      Task 2.12 Contact local planners to assist in the development of policies
                      and ordinances that regulate activities affecting state-owned submerged
                      lands.




               D. RESEARCH AND ENVIRONMENTAL EDUCATION


               Effective management, including enhancement and restoration, of any biological
               system relies almost entirely on information as to how that system functions.
               Research is the foundation upon which this information is based. Therefore, the
               goals of the research program within the Bureau of Submerged Lands and
               Preserves are primarily directed toward applied research.

               The goals of the research program for aquatic preserves in general are: (1) to gain
               a better understanding of those factors that are essential to the continued biological
               integrity of the major habitats within the aquatic preserve; and (2) 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.

               Riverine systems in general and the Oklawaha River in particular have been the
               subjects of extensive research and data collection. Much information concerning
               the factors affecting the biological integrity of the preserve can be obtained through
               a literature search and from knowledgeable people who have themselves
               conducted research within the preserve. There may be, however, aspects of
               riverine systems and the Oklawaha River system that would bear further inspection.
               As a product of the resource management and monitoring program, topics and
               areas of needed research may be identified.

               The integrity of the biological system within the preserve can be affected, both
               directly and indirectly, by the public's enjoyment of the preserve. Without a

                                                         53








                biologically "heafthy" river system, water quality will deteriorate, fisheries will fail due
                to loss of habitat, and many other species of both plants and animals will be
                adversely affected. One of the primary aims of the aquatic preserve program is to
                educate the public as to the importance of the factors that affect the integrity of the
                preserve. This public is composed of a number of segments: (1) students [e.g.,
                elementary, college]; (2) waterfront property owners; (3) visitors and new residents;
                (4) user groups; (5) special interest groups; and (6) local, regional, and state
                government agencies that are involved in making decisions regarding the preserve.

                The goal of the environmental education section is to instruct individuals as to the
                importance of preserving natural and cultural resources so they may c           onsider all
                issues prior to making decisions and beginning activities that affect these
                resources. The purpose of this management plan section is to educate the public
                in the hopes that they will -become responsible users of the preserve. Two DNR
                publications, Environmental Education in Florida: Needs and Goals, and A Guide
                for Environmental Education, are references available to aid in accomplishing this
                goal.


                GOAL 1: EDUCATE THE PUBLIC TOWARD WISE RESOURCE USE


                Obiective 1.1: Provide information to existing environmental education programs
                at public and private schools and coordinate with other local educational centers.

                       Task 1. 1. 1:    Notify the Marion County School Board of the aquatic
                       preserve's environmental education efforts and the availability of its staff to
                       assist or provide guidance for their existing educational programs.

                       Task 1.1.2: Conduct off-site classroom instruction and on-site field trips in
                       the preserve.

                       Task 1.1.3: Coordinate with and assist the staff of the Silver River Museum
                       to provide support for the museum's programs and interpretive talks.

                Objective 1.2: Produce educational literature and materials that inform the public
                of the Oklawaha River Aquatic Preserve's natural and cultural resources and the
                importance of preserving and protecting these resources.

                       Task 1.2.1: Develop brochures, pamphlets, and/or booklets that describe
                       to the public; (1) the purpose of and management activities conducted for
                       the aquatic preserve; and (2) general information on the preserve's
                       ecosystem. If feasible, this task will include video presentations.

                Objective 1.3: Provide informal workshops to inform other environmental educators
                on the preserve's natural resources.


                                                            54









                      Task 1.3.1: Conduct instructional workshops designed to teach other
                      environmental educators.


               Ob*ective 1.4: Establish an on-site environmental education center.


                      Task 1.4.1: Coordinate with the Marion County School Board and the staff
                      of the Silver River Museum to contribute information and materials relevant
                      to the preserve to the environmental learning center at the Silver River
                      Museum.




               E. RECREATIONAL USE OF THE AQUATIC PRESERVE


               As stated in Chapter 18-20, F.A.C., aquatic preserves are to be managed to provide
               public recreation where appropriate and reasonable to the extent that the resources
               within the preserves are not adversely affected. A goal of the management
               program for the aquatic preserve should be to provide for reasonable recreational
               use of the natural resources within the aquatic preserve.


               GOAL 1: PROVIDE FOR REASONABLE RECREATIONAL USE OF THE
               PRESERVE

               Objective 1.1: Determine the feasibility of providing additional low impact access
               points along the rivers within the aquatic preserve.

                      Task 1. 1. 1: Utilizing the data and information from the management surveys,
                      inventories, and assessments that are to be produced for the preserve, a
                      feasibility study will be developed to provide for additional low impact access
                      points within the aquatic preserve. The feasibility studies shall at a minimum
                      address the following:

                                     present access points and level of use;
                                     practical locations for new low impact
                                     access points, such as visual access and
                                     bank fishing;
                                     the foreseeable impacts and costs that new access
                                     points may have;
                                     the projected beneficial use derived from these new
                                     access points;
                                     the projected detrimental effects that new
                                     access may create.





                                                         55














































           Ul
           ch









































                                  J@      Li










                                                   CHAPTER VII


                                  MANAGEMENT COORDINATION NETWOR




               This chapter presents a general overview of the various federal, state, regional, and
               local agencies that regulate or hold any interest in the management or use of the
               Oklawaha River Aquatic Preserve. A reference matrix of these regulatory programs
               and their jurisdictions is presented in Table 5. One function of the Aquatic Preserve
               Program is to coordinate with these agencies to achieve common goals relevant
               to aquatic preserve management.


               A. FEDERAL AGENCIES


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

               The U.S. Army Corps of Engineers (ggEl has jurisdiction over inland navigable
               waters under the Rivers and Harbors Act of 1899. A revision of the Rivers and
               Harbors Act in 1968 extended the Corps' jurisdiction, allowing the agency to
               consider the fish and wildlife, conservation, pollution, aesthetics, ecology, and other
               relevant factors of a project. The Corps Regulatory Program expanded in 1972 with
               the Federal Water Pollution Control Act Amendments, also known as the Clean
               Water Act (CWA). Section 404 of this act requires the Corps to control dredge ahd
               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 U.S. Environmental Protection Agency (9FA 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, hydrology, and geology as well as monitoring the mineral and water
               resources of the Oklawaha River region.

                                                          57








                The U.S. Fish and Wildlife Service (USFWS) is responsible for fish and wildlife
                and their habitat as authorized in: the Coastal Barrier Resources Act (COBRA),
                National Environmental Protection Act, Migratory Bird Act, Endangered Species Act,
                and the Fish and Wildlife Coordination Act (FWCA). Under provision of the FWCA,
                USFWS must be consulted before COE can submit a plan for Congressional
                approval. The USFWS, comments on the impacts of proposed projects on
                endangered species, migratory birds, and other fish and wildlife and their habitats.
                They are directed to prepare environmental impact assessments or statements for
                proposed projects by the COE and are authorized to issue "Jeopardy Opinion"
                against any proposed project which will negatively affect an endangered species
                (Barile et al., 1987).

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


                B. STATE AGENCIES

                Eight state agencies have programs that affect the resources or regulate activities
                within the aquatic preserves: Department of Natural Resources, Department of
                Environmental Regulation, Department of Health and Rehabilitative Services, Game
                and Freshwater Fish Commission, Department of Community Affairs, Marine
                Fisheries Commission, Department of State, and the Department of Transportation.
                The Department of Natural Resources (DNRI areas of responsibilit@ include state
                lands, sovereignty submerged lands, and marine resources (e.g., marine research
                projects, sea turtle and manatee protection). The Florida Marine Patrol enforces
                safe boating laws as well as commercial and recreational fishing regulations.
                Authority granted under Chapters 18-20, and 18-21, F.A.C., gives DNR
                responsibility to regulate commercial and residential docks and other structures and
                activities conducted on submerged lands. Under Chapter 16C-20, F.A.C., DNR has
                responsibility for various aquatic plant control programs, including permit review for
                mechanical, biological, and chemical control of aquatic plants. Permits are also
                necessary under Chapter 16C-52, F.A.C., NAquatic Plant Importation,
                Transportation, Cultivation, and Possession", for any persons cultivating,
                revegetating, or collecting aquatic plants.

                The Department of Natural Resources Division of Recreation and Parks has
                authority under Florida Statute 258 and Florida Administrative Code Rule 1613-2 to
                manage the portions of the Oklawaha and Silver Rivers that fall within the Silver
                River State Park. The Division of Recreation and Parks has an intra-DNR



                                                         58









               management agreement (agreement #745-0017) that authorizes the Division to
               manage submerged areas that adjoin DNR jurisdictional lands.

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

               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 Oklawaha River and the Silver River are both OFW's within the
               aquatic preserve. 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 DeRartment of Health and Rehabilitative Services (BBS 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.

               The Game and Fresh Water Fish Commisslon (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.



                                                        59








                The Department of Communft 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 will 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 of comprehensive plans 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 Future Land Use Element and the Conservation Element.

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

                The DeRartment of Transl2ortation (P9M has responsibilities that include right-of-
                way and surface water runoff in the areas of roads, bridges, and causeways. The
                DOT also updates a state-wide aerial photographic survey every four years, rotating
                on a district basis.



                C. REGIONAL AGENCIES

                At the regional level, the management coordination network includes the St. Johns
                River Water Management District, and the Withlacoochee Regional Planning
                Council. These organizations conduct activities that are on a broader scale than
                those of local governments.



                                                         60









                The St. Johns River Water Management District (SJRWMD) was created and
                is governed by provisions of Chapter 373, Florida Statutes. Chapter 40C F.A.C.
                contains the rules of the District including those rules governing certain activities in
                wetlands and other natural resources. Also included in the rules in these chapters
                are mechanisms to implement the surface water management permit system
                mandated in Part IV of Chapter 373, F.S.

                SJRWMD 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 (SWIM) Act, that the
                water management districts "design and implement plans and programs for the
                improvement and management of surface water." The St. Johns River Water
                Management District has adopted the Upper Oklawaha River Basin SWIM Plan
                which addresses restoration and protection of the headwater lakes and upper basin
                of the Oklawaha River. Restoration of the historic river channel and floodplain is
                beginning at Sunnyhill Farm and will soon begin at Oklawaha Farms.

                The Withlacoochee Regional Planning Council (YVRPC) 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.




                D. LOCAL AGENCIES

                The Oklawaha River Aquatic Preserve is located entirely within Marion County. The
                Marion County Board of County Commissioners have final authority for land use
                decisions for the area surrounding the aquatic preserve. The Board of County
                Commissioners also have the authority to implement ordinances and regulations
                that directly affect the preserve. Table 6 lists the ordinances adopted by Marion
                County that have regulatory implications for the aquatic preserve.







                                                           61








                               5                                       C--(DC)FZnxWP&rrTC)M M1ErrWC)n1<



                 LOCAL AGENCIES                                                    REGIONAL AGENCIES


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

                   SWC    Soil and Water Conservation Districts

                                                                                   FEDERAL AGENCIES

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

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

                   FSG    Florida Sea Grant

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



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






                                                                                                         4









                                                                                                                            Local                          Regional                                             State                                                              Federal
                                                                                                          LGr CGT LDD           MCD 1CD SWC            It PC   AFMD FIN      DAC DCA DER             DNR    GW 11RS DOS DOT FMP nG MFC                               CG COE EPA FWS NMF GS
                                Dredge
                                              and Fill Permitting                                         00                                                                                  0              0                                              0
                                                                                                                                                                                                                                                                     .. .. ... ... ........
                                                                                                                                                                   .... ......                                                                                       ........ ..
                                    Docks, Fishing Piers-, Seawalls                                       0       0                                       ... ........ ........               0      0

                                                                                                                                                                                                                                                                             . ........ .
                                    Marinas                                                               0       0                                                                   0       0      0
                                                                                                                                                           .. ........ .
                                Submerged Lands Management                                                                                                                                           0
                                Habitat Protection                                                        0101                                                                        010            0       Ol                             Ol              0        ", ...... ..... . ...
                                Mangroves/Wetlands                        Protection                      0
                                                                                                                                                                                      0       0      0       0
                                Sealtrass Protection                                                      0       0                                                                   0       0      0
                                Habitat Restoration                                                               0                                                                   0       0.0            0                      0
                                                                                                                                                                                                                                                                                                      ix:
                                Mangroves/Wetlands                         Restoration                            0              0                                                    0       0      0
                                Seagrass Restoration                                                                                                                                  0       0      0
                                Resource Inventory                                                                                                                                    0       0      010                                                                                         ... ...
                                                                                                                                                                                                                                                    0       0                .................        .... ........
                                Manatees/Porpoises                                                        0.0.                                                                                       0
                                                                                                                                                                                                                                                                             . ..... ........ ... . .......

                                                                                                                                                                   .. ..........
                                Endangered Species                                                        00                                                                          0              0       0                      0 0             0 0
                                                                                                                                                                                                                                                                             X...... ........ ..
                                Shellfish/Aquaculture                                                             0              0
                                                                                                                                                                                                                                                                                                              'xx
                                                                                                                                                                                                                                                                             ..... .... . ..
                                                                                                                                                                                                                                                                             ... I .......I. .... ........ ........
                                                                                                                                                                                              0      0                                                               ........ X@   ....   . . ........ ........
                                                                                                                                                               .... ... .......
                                                                                                                                                                                      0       0      0       0                              0       0 0
                                Public Awareness/Education                                                        0
                                                                                                                                                                                                                                                                     ....... ....... ......... . ..
                                                                                                                                                                                                                                                                                          -X:    . . ........
                                                                                                                                                                                                                                                                                          .......     . .......
                                                                                                                                                                                                                                                                                          . . .. . ......
                                                                                                                                                                                                                                                                                          .......     . ........
                                                                                                                                                               . ........                                                                                                          ...
                                                                                                                                                               . . ........
                                                                                                                                                                                              0      0       0                                      0
                                Research
                                                                                                                                                               .....                                                                                00
                                                                                                                                                           .. .. .... ...
                                Fisheries           Research                                                                     0                                                    0                                                                                 . . . . . . . . .
                                                                                                                                                                                                                                                                             ...... .......
                                                                                                                                                                                                                                                                             .... ... .... .          ... .....
                                                                                                                                                                                                                                                                                                      ... ........
                                Fisheries          Management                                                                    0                                      ......        0            '00                             1                0,0
                                                                                                                                                                   .. ........                                                                                       .... .
                                    Recreational Fishing
                                                                                                                                                         ..... ........ .......
                                                                                                                                                                                      0            1010                                     0       00
                                                                                                                                                         ..... .......  ...
                                                                                                                                                                                                                                                                     ........ ....... ........ ... ... ...
                                    Commercial Fishing
                                                                                                                                                                                      0              0                                      0       0 0
                                Wildlife Management                                                                                                                                   0                      0                              0

                                                                                                                                                                                                                                                                                                      . . ........
                                Mosquito Impoundments                                                             0             10                                                    0              0
                                Historical/Archeological Sites                                            0       0                                                                   0              0                        0.
                                                                                                                                                               . .....  ........
                                Water Quality                                                             0       0
                                                                                                                                                                                      010            0               0
                                                                                                                                                            . . .. .........
                                                                                                                                              101-       ...       . .......
                                                                                                                                                                        ........                                                                                     ..
                                    Nonpoint Source Pollution                                             0       0                                                                                  0               0              0
                                                                                                                                                                                                                                                            . ........ ...                            ..... ........
                                    Point Source Pollution                                                0.0.                                                                        0       0      0               0
                                                                                                                                                                                                                                                                     ......... .   .... ..     .. ........ . .....

                                                                                                                                                               ::W
                                    Oil/Chemical Spills                                                           0                                                                   0       0      0
                                                                                                                                                                                                                                                                                                 ........ ........


                                                                                                                                                                                                                                                                                                      ..... ........
                                Drainage/Freshwater                       Control                         0       0      0                      0                                     0       0      01            1       1                                                              A    .. ........
                                                                                                                                                                                                                                                                                          .. .. ........ ......
                                Emergency Response                                                                0
                                                                                                                                                                                    '0        0      0       0                                                                 .. ........
                                Upland Development                                                        0       0                                                     .....       10
                                                                                                                                                                                                                                                                             . . . . ......
                                Land Use Planning                                                         0       0                                                                   0 A
                                Navigational/Boating                                                      0101                          0             20:                                            0       0       0                      0
                                                                                                                                                                                                                                                                     ...0    0     .........
                                Recreational Areas                                                        0       0                                                                                  0                                      0       el                       @i w:
                                                                                                                                                                                                                                   04                                                            ......-
                            Midges and Roads                                                                      0                                   .4'                             010101                       1       1       1

































                                                                                                                            '1@





































































                                                              64








              Table 6. Marion Courft Ordinances

              Ordinance R29ullation

              71-2         Prohibits the dumping of trash in any water body in Marion County.

              84-16        Empowers the Board of County Commissioners to set speed limits for
                           motorboats on water bodies within Marion County.

              86-11        Prohibits SCUBA diving in the headwaters of the Silver River.






































                                                     65



























                                                                                                                            41








































                                                                                                                            If













                                                             66










                                                 CHAPTER Vill


                                      STAFFING AND FISCAL NEEDS




               For an aquatic preserve management program to be meaningful, adequate staff
               and fiscal needs must be provided for in order to implement the management plan.
               Hopefully much of the staff needs for the Oklawaha River Aquatic Preserve can be
               met by existing personnel. The Lake Weir Aquatic Preserve is near the Oklawaha
               River Aquatic Preserve.      It is suggested that the field staff charged with
               management of the Lake Weir Aquatic Preserve also assume management authority
               for the Oklawaha River Aquatic Preserve, if the additional management responsibility
               can be adequately met. If not, then additional personnel must be provided for. If
               it is feasible for the Lake Weir staff to assume the Oklawaha River Aquatic Preserve
               management, then additional operating expenses will be incurred by that field office
               and must be provided for.

               An estimate of the additional expenses to be incurred by the Lake Weir Preserve
               staff due to assuming management of the Oklawaha River Preserve is as follows:



               SALARYJOVERTIME

               Environmental Specialist                         $ 5,000
               Secretary                                        $ 2,000


               OPERATING CAPITAL OUTLAY


                      Office Equipment                          $ 2,000
                      Education Materials                       $ 2,500



               OPERATING EXPENSES

                      Vehicle Maintenance, Fuel                 $ 2,000
                      Boat/Motor Maintenance, Fuel              $ 1,500
                      Office/Education Supplies                 $ 1,000



               TOTAL ESTIMATE                                   $16,000



                                                        67































                                                                                                                            *1



















































                                                                                                                            4





                                                                                                                            A











                                                              68










                                                     CHAPTERIX


                            RESOURCE AND PROGRESS MONITORING PROGRAM




                To ensure that Oklawaha River Aquatic Preserve management plan is effectively
                implemented, it will be necessary to institute a program to not only monitor the
                resources within the preserve, but to also monitor and evaluate the effectiveness
                of the management program and amend the program as necessary.

                Two programs that will need to be implemented toward this end are: (1) monitor
                changes in the biological resources over time, and (2) record the accomplishments
                achieved and goals and objectives met by the Oklawaha River Aquatic Preserve
                Program. These monitoring programs will consist of the following:


                A. RESOURCE MONITORING


                To monitor changes in the natural resources, a database system that is readily
                edited and changed is desirable. An example of such a system is a geographic
                information system (GIS). 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. Development of a GIS database for the Oklawaha River Aquatic Preserve
                will greatly facilitate the efficacious collection, manipulation, and analysis of natural
                resource data for the preserve.

                Development and maintenance of a 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 can 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 the management plan to be effectively implemented, it is necessary to monitor
                the accomplishments and progress of the Oklawaha River Aquatic Preserve

                                                           69








                Program on a regular basis. The purpose of this element is to detail the program's
                accomplishments in its pursuit of the goals and objectives outlined in Chapter VI.
                This information, to be submitted in a report once every three 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:

                1. The state of the natural environment and resources of the aquatic preserve.

                   a.   Through the use of resource inventories and the GIS system, document the
                        status of each biological resource.

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


                        1) authorized projects (e.g., private residential single docks, multi-family
                             fishing piers),
                        2) unauthorized projects, and
                        3) projects not in compliance with the original authorization.

                   c.   Identify the current impacts of recreational use of the preserve upon the
                        natural resources within the preserve.

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

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

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
















                                                          70










                                                  REFERENCES



            BigeloW, G.E. History of Man in the Oklawaha Valley. Pp. 47-49 in Carr, M.H., Dasmond,
                   R.F., Partington, W.M., and Robertson, W.B. (eds.). Environmental Impact of the
                   Cross Florida Barge Canal with Special Emphasis on the Oklawaha Regional
                   Ecosystem. Florida Defenders of the Environment, Gainesville, Florida. 1970.

            Environmental Research and Technology, Inc. Cross Florida Barge Canal Restudy
                   Report, Benthic Macroinvertebrates and Plankton Communities of the Associated
                   Aquatic Systems for the Proposed Cross Florida Barge Canal, Vol. 11. Prepared
                   for U.S. Army Corps of Engineers, Jacksonville District. Jacksonville, Florida. 1976.

            Florida Chapter Soil and Water Conservation Soci      ety. 26 Ecological Communities of
                   Florida. Revised July 1989.

            Florida Defenders of the Environment. An Outstandina Florida Water Petition for the
                   Oklawaha River. March 1987.

            Florida Department of Natural Resources. Aquatic and Wetland Plants of Florida. Bureau
                   of Aquatic Plant Research and Control. Tallahassee, Florida. 1986.

            Florida Department of Natural Resources. Florida Rivers Assessment. December 1989.

            Florida Game and Fresh Water Fish Commission. Cross Florida Barge Canal Restudy
                   Report, Wildlife Study. Vol. 1. Prepared for U.S. Army Corps of Engineers,
                   Jacksonville District, Jacksonville, Florida. 1976a.

                                                                         Cross Florida Barge Canal
                   Restudy Report, Fisheries, Vol. 11. Prepared for U.S. Army Corps of Engineers,
                   Jacksonville District, Jacksonville, Florida. 1976b.

                                                                         Cross Florida Barge Canal
                   Restudy Report, Endangered, Threatened, Rare, Special Concern, Status
                   Undetermined and Biologically Sensitive Species. Prepared for U.S. Army Corps
                   of Engineers, Jacksonville District, Jacksonville, Florida. 1976c.

                                                                        Addendum Report, March.
                   Appendix 43 in Final Environmental Statement: Proposal for the Oklawaha River,
                   Ocala National Forest, 3 Vol. U.S. Forest Service, Washington, D.C. 1972.

                                                                    . Official Ust of Endangered and
                   Potentially Endangered Fauna and Flora in Florida. Tallahassee, Florida. 1986.




                                                         71








           Florida Natural Areas Inventory and the Florida Department of Natural Resources. Guide
                  to the Natural Communities of Florida. February 1990.

           Hand, Joe, Victoria Tauxe, Mark Friedman, Leland Smith. 1990 Florida Water QualijY
                  Assessment 305(b) Technical Aggendix.         State of Florida Department of
                  Environmental Regulation, Water Quality Monitoring and Quality Assurance Section,
                  Bureau of Water Quality Management, Division of Environmental Programs,
                  Tallahassee, Florida. June 1990.

           Joyce Environmental Consultants, Inc. Cross Florida Barge Canal Restudy Report,
                  Aquatic Vegetation Study. Prepared for U.S. Army Corps of Engineers, Jacksonville
                  District, Jacksonville, Florida. 1976.

           Lake County Water Authority. A Review of Selected Lake County Water-Related
                  Resources with Recommendations for Preservation and Protection. Tavares,
                  Florida. 1985.

           Lanier, S. Florida: Its Scenery, Climate, and History. J.B. Lippincott and Company.
                  Philadelphia, Pennsylvania. 1876.

           Layne, J.N. Terrestrial Wildlife of the Oklawaha Regional Ecosystem. Pp. 35-42 in Carr,
                  M.H., Dasmond, R.F., Partington, W.M., and Robertson, W.B. (eds.). Environmental
                  Impact of the Cross Florida Barge Canal with Special Emphasis on the Oklawaha
                  Regional Ecosystem. Florida Defenders of the Environment. Gainesville, Florida.
                  1970.


           Lugo, A., and A. Carr. Vegetation of the Oklawaha Regional Ecosystem. Pp. 29-33 in
                  Carr, M.H., Dasmond, R.F., Partington, W.M., and Robertson, W.B. (eds.).
                  Environmental Impact of the Cross Florida Barge Canal with Special Emphasis on
                  the Oklawaha Regional Ecosystem. Florida Defenders of the Environment,
                  Gainesville, Florida. 1970.

           McKinney, S. P., L Snyder, and W. Borokowski. 1983-1984 Fish Management Annual
                  Progress Report. Florida Game and Fresh Water Fish Commission, Central Region.
                  Ocala, Florida. 1984.

           Mitchell, C.B. Paddle-Wheel Inboard. The American Neptune, A Quarterly Journal of
                  Maritime History, April, pp. 115-239. American Neptune, Inc., Salem,
                  Massachusetts. 1947.


           Penak, R. W. Fresh-Water Invertebrates of the United States.The Roland Press Co., New
                  York. 1953.


           Pratt, H. S. A Manual of Common Invertebrate Animals - Exclusive of Insects. McGraw-
                  Hill Book Co., Inc., New York. 1935.


                                                      72









           Reid, G. K. The Native Aquatic Fauna of the Oklawaha River. Pp. 43-46 in Carr, M.H.,
                  Dasmond, R.F., Partington, W.M., and Robertson, W.B. (eds.). Environmental
                  Impact of the Cross Florida Barge Canal with Special Emphasis on the Oklawaha
                  Regional Ecosystem. Florida Defenders of the Environment, Gainesville, Florida.
                  1970.


           Stevenson, H.M. Vertebrates of Florida, Identification and Distribution. Florida State
                  University Book, University Presses of Florida. Gainesville, Florida. 1976.

           United States Department of Agriculture, Forest Service. 'Final Environmental Statement:
                  Prog osal for the Oklawaha River, Ocala National Forest. Washington, D.C. 1973.

           St. Johns River Water Management District. SWIM Plan for the Ugger Oklawaha River
                  Basin. 1989.












































                                                      73


























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                                                                                                                            Ci





                                                                                                                            A














                                                             74










                                                        APPENDIX A


                                       LISTS OF PLANT AND ANIMAL SPECIES


                 A-1. Aguatic Plants of the Oklawaha
                 Common Name                            Scientific Name
                 Alligator Weed                         Alternanthera philoxeroides
                 Water Hemp                             Amaranthus cannabinus
                 Carolina Aster                         Aster carolinianus
                 Marsh Marigold                         Bidens laevis
                 Beggar Tick                            Bidens mitis
                 Buttonbush                             Cephalanthus occidentalis
                 Coontail                               Ceratol2hyllum demersum
                 Water Hemlock                          Cicuta maculata
                 Elephant Ear                           Colocasis antiquorum
                 Spider Lily                            Crinum americanum
                 Water Hyacinth                         Eichhornia crassil2es
                 Slender Spikerush                      Eleocharis baldwini
                 Willow Moss                            Fontalis sp.
                 Marsh Hibiscus                         Hibiscus moscheutos
                 Hydrilla                               Hydrilla verticillata
                 Water Pennywort                        Hydrocale ranunculoides
                 Whorled Pennywort                      Hydrocmle verticillata
                 Virginia Willow                        Itea virginica
                 Juncus Rush                            Juncus sp.
                 Common Duckweed                        Lemna minor
                 Water Purslane                         Ludwigia palustris
                 Primrose Willow                        Ludwigia peruviana
                 Southern Pickerelweed                  Pontederia cordata
                 Spatterdock                            Nuphar sp.
                 Maidencane                             Panicurn hemitomon
                 Water Lettuce                          Pistia stratiotes
                 Southern Smartweed                     Polygonurn densiflorum
                 Smartweed                              Polygonum pengytvanicum
                 Swamp Rose                             Rosa palustris
                 Swamp Dock                             Rumex verticillateus
                 Carolina Willow                        Salix caroliniana
                 Cattail                                jypha latifolia
                 Lizard's'Tail                          Saururus cernus
                 Wolfiella                              Wolfiella floridana
                 Vallisneria                            Vallisneria americana
                 Narrowleaf Cattail                     Typh angustifolia
                 Wild Rice                              Zizania aquatica
                 Giant Cutgrass                         Zizaniopsis miliacea

                 Source: Joyce Environmental Consultants (1976).

                                                               75








                A-2. Mixed-SWIMIR S112NIes
                Common Name                        Scientific Name
                Carolina Ash                       Fraxinus caroliniana
                Pumkin Ash                         Fraxinus 12rofunda
                Southern Red Maple                 Acer rubrum
                Poison Ivy                         ToAcodendron radicans
                Bald Cypress                       Taxodium distichum
                Florida Elm                        Ulmus americana var. floridana
                Black Gum                          Nyss gylvatica var. biflora
                Virginia Willow                    Itea virainiana
                Cabbage Palm                       Sabal Qalmetto
                Climbing Hydrangea                 Decumaria barbara
                Dahoon Holly                       Ilex cassine
                Wax Myrtle                         Myrica cerifera
                Buttonbush                         Cel2halanthus occidentalis
                Royal Fern                         Osmunda reaalis
                Swamp Bay                          Persea galustris
                Greenbriar                         Smilax sp.
                Loblolly Bay                       Gordonia lasianthus
                Laurel Oak                         Quercus laurifolia
                Cinnamon Fern                      Osmunda cinnamomea
                Trumpet Vine                       Ludwigia sp.
                Elderberry                         Sambucus canadensis
                Fetterbush                         Lyonia lucida
                Water Parsnip                      Sium suave
                Swamp Dogwood                      Cornus stricta
                Wild Grape                         Vitis sp.
                Sweet Bay                          Magnolia virginiana
                Virginia Creeper                   Parthenocissus quinquefolia


                Sources: Florida Game and Fresh Water Fish Commission (1976a),
                USDA Forest Service (1976).














                                                        76









              A-3. Hydric Hammock SID921168
              Common Name                       Scientific Nam
              Bluestem Palmetto                 Sabal mino
              Cabbage Palm                      Sabal Qalmetto
              Poison Ivy                        Toxicodendron radims
              Sweetgum                          Liguidambar Mraciflua
              Greenbriar                        Smilax sp.
              Red Maple                         Acer rubrum
              Wax Myrtle                        Myri cerifera
              Laurel Oak                        Quercus laurifolia,
              Ironwood                          Carpinus caroliniana.
              Airplant                          Tillandsia bartramii
              Carolina Ash                      Fraxinus caroliniana
              Wild Grape                        Vitis sp.
              Netted Chain Fern                 Woodwardia areolata
              Fetterbush                        Lyonia lucida
              Walter Viburnum                   Viburnum obovat m
              Resurrection Fern                 Polypodium polypodioides
              Swamp Bay                         Persea palustris
              Water Hickory                     Ca!y aguatica
              Hackberry                         Celtis laeviaata
              Virginia Creeper                  Parthenocissus guinquefolia
              American Holly                    Illex apaca,
              Rattan Vine                       Berchemia scandens
              Yellow Jessamine                  Gelsemium sempervirens
              Beautyberry                       CallicarDa americana
              Swamp Rose                        Rosa palustris
              Cedar Elm                         Ulmus crassifolia



              Sources: Florida Game and Fresh Water Fish Commission (1976a),
              USDA Forest Service (1976).
















                                                     77








                A-4. Mesic Hammock AlRecles
                Common Name                       Scientific Name
                White Ash                         Fraxinus americana
                Bluestern Palmetto                Sabal minor
                Cabbage Palm                      Sabgl galmetto
                Sweetgum                          Liquidambar Mraciflua
                Pignut Hickory                    Ca1ya glabra
                Saw Palmetto                      Serona regens
                Sparkleberry                      Vaccinium arboreum
                Water Oak                         Quercus Dj'gra
                Live Oak                          Quercus vi[giniana.
                Yellow Jessamine                  Gelsimeum ggWervirens
                Swamp Chestnut Oak                Quercus michauxii
                Poison Ivy                        Toxigodendron radicans
                Wild Grape                        Vitis sp.
                Partridgeberry                    Cas@ia fasciculata
                Greenbriar                        Smilax sp.
                Resurrection Fern                 Polygodium 12olygoidioides
                Beautyberry                       CallicaMa americana
                Shumard Oak                       Quercus shumardii
                Laurel Oak                        Quercus Iaurifolia
                Virginia Creeper                  Parthenocissus auinauefolia
                Ironwood                          Carl2inus caroliniana
                Panicum grass                     Panicum sp.
                Spanish Moss                      Tillandsia usneoides
                Wild Sarsaparilla                 Smilax gumila
                Southern Magnolia                 Magnolia arandiflora
                Wax Myrtle                        Myrica cerifera
                Blue Palm                         Sabal minor
                American Holly                    Ilex -opaca
                Southern Red Cedar                Juniperous silicicala
                Sumac                             Rhus col2allina
                Winged Elm                        Ulmus alata


                Sources: Florida Game and Fresh Water Fish Commission (1976a),
                USDA Forest Service (1976).










                                                        78









               A-5. Xerlc Hammock Species
               Common Name                        Scientific Name
               Laurel Oak                         Quercus laurifoli
               Saw Palmetto                       Serenoa repens
               Wild Grape                         Yk sp.
               Sparkleberry                       Vaccinium arboreurn
               Rusty Lyonia                       Lyonia ferruginea,
               Pignut Hickory                     Ca[ya glabra
               Live Oak                           Quercus virainiana var. virginiana
               Sand Live Oak                      Quercus virainiana var. geminata
               Yellow Jessamine                   Gelsimium sempervirens
               American Holly                     Ilex opaca
               Resurrection Fern                  Polypoides polypodioides
               Blueberry species                  Vaccinium sp.
               Spanish Moss                       Tillandsia usneoides
               Beautyberry                        Callicarl?a americana
               Greenbriar                         Smilax sp.
               Myrtle Oak                         Quercus mvrtifolia
               Southern Magnolia                  Magnolia arandiflora
               Red Bay                            Perspa borbonea
               Scrub Palmetto                     Sabal etonia
               Wild Olive                         Osmanthus americanus
               Coontie                            Zamia integrifolia
               Witch Hazel                        Harnarnelis virginiana
               Deer Tongue                        Trilisga odoratissima
               Bracken Fern                       Pteridium aguilinurn
               Air Plant                          Tillandsia bartramii
               Fringe Tree                        Chionanthus virinicus
               Devil's Walking Stick              Aralisi spinosa
               Viburnum species                   Viburnum sp.


               Sources: Florida Game and Fresh Water Fish Commission (1976 a),
               USDA Forest Service (1976).













                                                       79








               A-6. Loblolly Me Hammock
               Common Name                        Scientific Name
               Loblolly Pine                      Pinus taeda
               Sweetgum                           Ljqudambar gVraciflua
               Cabbage Palm                       Sabal 12almetto
               Water Oak                          Quercus, DM'ra
               Panicum Grass                      Panigum sp.
               Wax Myrtle                         Myrica cerifera
               Greenbriar                         Smilax sp.
               Elephant's Foot                    Elephantopus sp.
               Beautyberry                        Callica[pa amencana
               Live Oak                           Quercus virginiana var. vir-giniana
               Virginia Creeper                   Parthenocissus quinquefolia
               Poison Ivy                         Toxicodendron radicans
               Black Haw                          Viburnum obovaturn
               Saw Palmetto                       Serona rel2ens
               Winged Elm                         Ulmus alata
               Wild Grape                         MI!ja sp.
               Trumpet Vine                       Ludwigia sp.
               Resurrection Fern                  Polvoodium polypodloides
               Partridge Berry                    Cassia fasciculata
               Persimmon                          DiosgyLos virainiana
               Yellow Jessamine                   Gelsqmium sempervirens
               Custard Apple                      Asimina L:)yamaea
               Southern Red Cedar                 Junil2erus silicicola
               Ironwood                           Carpinus carolinana
               Paw Paw                            Asimina triloba
               Slash Pine                         Pinu@ elliotti
               Spikegrass                         Chasmanthium sp.


               Sources: Florida Game and Fresh Water Fish Commission (1976a),
               USDA Forest Service (1976).














                                                        80









               A-7. AmRhlblans
               Common Name                          Scientific Name
               Bronze Frog                          Rana clamitans clamitans
               River Frog                           Rana heckscheri
               Gray Tree Frog                       ï¿½Iyla ch[ysoscelis
               Southern Leopard Frog                Rana pil2ens sghenoceptala
               Green Tree Frog                      ï¿½jXIa cinerea
               Squirrel Tree Frog                   ï¿½!yla squirell
               Lesser Siren                         IjMn intermedia
               Southern Toad                        Bufo terrestris
               Greater Siren                        Siren lacertina
               Two-Toed Amphiuma                    Amghiuma means
               Southern Dusky Salamander            Desmo-anathus auriculatus
               Pig Frog                             Rana _qrXl@io
               Peninsula Newt                       Notophthalmus viridescens piaropicola
               Slimy Salamander                     Plethodon alutinosus
               Dwarf Salamander                     Manculus guadridigitatus
               Barking Tree Frog                    Byla gratiosa
               Greenhouse Frog                      EleutherodagNIus planirostris
               Florida Cricket Frog                 AgEig crepitans crepitans
               Little Grass Frog                    Limngoedus ocularis
               Southern Spring Peeper               jjy1a crucifer bartramiana
               Narrow-Striped Dwarf Siren           Pseudobranchus striatus axanthus
               Bullfrog                             Rana catesbeiana
               Eastern Narrow-Mouthed Toad          Gastroghyrne carolinensis
               Pinewoods Tree Frog                  ï¿½!yla femoralis
               Florida Chorus Frog                  Pseudoacris nigrit nigrita
               Oak Toad                             Bufo quercicus
               Striped Newt                         Notophthalmus perstriatus


               Sources: Florida Game and Fresh Water Fish Commission (1976a),
               Stevenson (1976).














                                                          81









                A-8. Reptiles
                Common Name                         Scientific Name
                Florida Cottonmouth                 Aakistrodon giscivorus conanii
                Striped Mud Turtle                  Kino-sternon bauri oalmarum
                Yellow Rat Snake                    Elaphe obsoleta guadrivittata
                Broad-Headed Skink                  Eumeces; laficegs
                Eastern Mud Snake                   Farancia abacur
                Green Anole                         Anolis carolinensis
                Florida Banded Water Snake          Natrix fasciata fasciata
                Brown Water Snake                   Natrix taxispilota
                American Alligator                  Alliaator mississil2giensis
                Ground Skink                        Scinella lateralis
                Southern Ringneck Snake             Diadoghis punctatus.punctatus
                Scarlet King Snake                  Lamprol2eftis trianaulum
                Florida Box Turtle                  Terrapene caroling
                Southern Black Racer                Coluber constrictor priapus
                Yellow Upped Snake                  Rhadinaea flavilata
                Rough Earth Snake                   Virainia striatula
                Eastern Glass Lizard                Oghisaurus ventralis
                Stinkpot Turtle                     Sternothaerus odoratus
                Five-Uned Skink                     Eumeces fasciatus
                Peninsula Cooter                    Ch[ysgMys floridana floridana
                Eastern Indigo Snake                D!ymarchon corais cougeri
                Florida Black Swamp Snake           Seminatrix Dyaaea _D)taae
                Dusky Pigmy Rattlesnake             Sistrurus miliarius
                Eastern Diamondback
                  Rattlesnake                       Crotalus adamanteus
                Eastern Coral Snake                 Micrurus fulvius
                Eastern Fence Lizard                Scelogorus undulatu
                Florida Mud Turtle                  Kinosternon subrubrum steindachneri
                Florida King Snake                  Lamgrol2eftis getulus getulus
                Florida Brown Snake                 Storeria dekavi victa
                Striped Swamp Snake                 Regina Aftni
                Florida Snapping Turtle             Chelydra sen2entina
                Florida Red-Bellied Turtle          Ch!yspnys nelsoni
                Florida Softshell Turtle            Trionvx ferox
                Loggerhead Musk Turtle              Sternotherus minor minor                                          J
                Eastern Rainbow Snake               Farancia eWrogramma eWroaramma


                Sources: Florida Game and Fresh Water Fish Commission (1976a),
                Stevenson (1976).






                                                           82









                 A-9. Birds fj2age 1 of 2)
                 Common Name                          Scientific Name
                 Pileated Woodpecker                  D[yocopus pileatus
                 Prothonotary Warbler                 Protonotaria citrea
                 Limpkin                              Aramus ouarauna
                 Acadian Flycatcher                   Empidonax virescens
                 Wood Duck                            Aix sponsa
                 Great Blue Heron                     Ardea herodias
                 Yellow-Billed Cuckoo                 CocQLzus americanus
                 Great Egret                          Casmerodius albus
                 White Ibis                           Eudocimus albus
                 Belted Kingfisher                    MegacgUle a1gyon
                 Anhinga                              Anhinaa anhinaa
                 Red-Eyed Vireo                       Vireo olivaceus
                 Carolina Wren                        Th[yothorus ludovicianus
                 Tufted Titmouse                      Parus bicolor
                 Turkey                               Meleagris gallopavo
                 Red-Bellied Woodpecker               Centurus carolinus
                 Cardinal                             Cardinalis cardinalis
                 Great-Creasted Flycatcher            Myiarchus crinitus
                 Little Blue Heron                    Earetta caerulea
                 Common Grackle                       Quiscalus auiscula
                 Green Heron                          Butorides virescens
                 Common Crow                          Coryus brachyrhynchos
                 Downy Woodpecker                     Dendrocopos gubescens
                 Red-Winged Blackbird                 Agelaius phoeniceus
                 Blue Jay                             Cyanocitta cristata
                 Yellow-Throated Vireo                Vireo flavifrons
                 Common Gallinule                     Gallinula chloropus
                 Black Vulture                        Coragyl2s atratus
                 Turkey Vulture                       Cathartes aura
                 Cattle Egret                         Bubulcus ibis
                 Summer Tanager                       Piranga rubra
                 Brown Thrasher                       jaxostoma rufum
                 Snowy Egret                          Egretta thula
                 Louisiana Heron                      Egretta tricolo
                 Mockingbird                          Mimus polyalottos
                 Carolina Chickadee                   Parus carolinensis
                 Osprey                               Pandion haliaetus
                 Purple Gallinule                     Porghyrula martinica
                 Bald Eagle                           Haliaeetus leucocel2halus
                 Swallow-Tail Kite                    Elanoides forficatus
                 Eastern Phoebe                       Sgyornis phoebe
                 American Robin                       Turdus miaratorius




                                                            83








              A-9. Birds (gage 2 of
              Common Name                      Scientific Name
              Black-And-White Warbler          Mniotilta, Igig
              Yellow-Bellied Sapsucker         S12hyraRtus varius
              Cedar Waxwing                    Bombyg@illa cedorum
              Ruby-Crowned I(inglet            Regulus calendula
              White-Eyed Vireo,                Vireo ariseus                                               A.
              Northern Parula Warbler          Parula americana
              Yellow-Rumped Warbler            Dendroica corongta
              Pine Warbler                     Dendroica 12inus
              Yellow-Throated Warbler          Dendroi dominica
              Red-Tailed Hawk                  Buteo
              Red-Shouldered Hawk              Buteo lineatus
              Sandhill Crane                   Grus canadensis
              Killdeer                         Charadrius vociferus
              Red-Cockaded Woodpecker          DendrOCODOs borealis
              Black-Crowned Night Heron        Nycticorax nycticorax
              Yellow-Crowned Night Heron       Nyctamassa violacep


              Sources: Florida Game and Fresh Water Fish Commission (1976a),
              Stevenson (1976).

























                                                     84










               A-10. Mammals
               Common Name                        Scientific Name
               Southern Myotis                    Myotis austroriparius
               Evening Bat                        Nycticecius humeralis
               Seminole Bat                       Lasiurus seminolus
               Red Bat                            Lasiurus borealis borealis
               Raccoon                            Progyon lotor
               River Otter                        Lutra canadensis
               Virginia Opossum                   Didelphis marsupialis pigra
               Eastern Piperstrelle               Pipistrella subflavus
               Hoary Bat -                        Lasiurus cinerus cinerus
               Grey Squirrel                      Sciurus carolinensis
               Southern Flying Squirrel           Glaucomys volans
               Cotton Mouse                       Peromyscus gossypinus
               White-Tailed Deer                  Odocoileus virainianus
               Eastern Wood Rat                   Neotoma floridana
               Armadillo                          Dasypus novemcinctus
               Bobcat                             U-nx rufus floridanus
               Marsh Rabbit                       Sylvilagus palustris
               Wild Hog                           Sus scrofa
               Grey Fox                           Urogyon cinereoaroentes
               Fox Squirrel                       Sciurus nigff
               Striped Skunk                      Meghitis mephitis
               Black Bear                         Ursu5 americanus floridanus
               Short-Tailed Shrew                 Blarina brevicauda
               Southeastern Shrew                 Sore lonairostris
               Least Shrew                        C[yptotis parva
               Hispid Cotton Rat                  Siamodon hispidus
               West Indian Manatee                Trichgchus manatus latriostris


               Sources: Florida Game and Fresh Water Fish Commission (1976a),
               Stevenson (1976).














                                                        85

































                                                                                                                                                                                                                                                                                                                                                                                                                               '@rl























































                                                                                                                                                                                                                                                                                                                                                                                                                                i





                                                                                                                                                                                                                                                                                                                                                                                                                               --A,















                                                                                                                                                                                                                 86






                                                                            APPENDIX A


                                                                      Administrative Codes                                             (R. 3/97)
                               V. 9, p. 692-20                                                                                          19-20.002

                                                 CHAPTER 18-20                              (c) To coordinate with federal. state. and local
                                    FLORIDA AQUATIC PRESERVES                             agencies in aid in carrying out the intent of the
                               18-20.001         Intent.                                  Legislature in creating the preserves;
                               18-20.002         Boundaries and Scope of the                 (d) To use applicable federal, state. and local
                                                 Preserves.                               management programs, which are compatible with
                               18-20.003         Definitions.                             the intent and provisions of the act and these rules.
                               18 20.004         Management Policies. Standards           and to assist in managing the preserves;
                                                 and Criteria.                               (c) 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
                                                 Held by the Board. (Repeated)            limited to the modification of existing manmade
                               18-20.006          Cumulative Impacus                       conditions toward their natural condition, and
                               18-20.007         Protection of Riparian Rights.           discourage activities which would degrade the
                                                 (Repealed)                               aesthetic. biological. or scientific values. or the
                               18-20.008         Inclusion of Lands, Title in Which       quality, or utility of a preserve, when reviewing
                                                Is Not Vested in the Board, in a         applications, or when developing and implementing
                                                 Preserve.                                management plans for the preserves;
                                                                                             (f) To preserve, promote, and utilize indigenous
                               18-20.009         Establishment or Expansion of
                                                 Aquatic Preserves.                       life forms and habitats, including but not limited in:
                               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
                                                                                          reptiles, game and non-game fish species, estuarine.
                                                 Forms.                                   aquatic and marine invenebraties, estuarine.
                               18-20.013         Development        of       Resource     aquatic and marine mammals, birds, shellfish and
                                                 Inventories ' and     Management         mollusks;
                                                 Plans for Preserves.                        (g) To acquire additional title interest 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;
                                                 Governmental Agencies.                      (h) To maintain thoes beneficial hydrologic and
                               18-20.017         Lake Jackson Aquatic Preserve.           biologic functions the benefits of which accrue to
                               Library Referencee  Riparian rights to navigable waters,     the public at large.
                               I. Henry Dean 55 Fla. Barj. 247. 250 (Mar- 1981).              (4) Nothing in these rules shall serve to
                                 18-20.001 Intent.                                         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 
                               essentially natural conditions, the propagation of          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) FS. Law

                                 (2) The aquatic preserves which are described in         implemented 258.35. Formerly 16Q-20.01. Transferred from 16Q-20.001.
                                                                                           18-20.002 Boundaries and Scope of the Preserves 
                               73-534, Laws of Florida. Sections 258.39. 258-391,         (1) These rules shall only apply in those sovereignty lands within a preserve, title to which is
                               258.392 and 258.393, Florida Statutes, future                  vested in the board, and those other lands for which the board has an appropriate instrument 
                               aquatic preserves established pursuant to general or           in writing,executed by the owner, authorizing the inclusion of specific lands in an aquatic 
                               special acts of the legislature and in Rule                    preserves established through general or special acts of the legislature, and 
                               18-20.002. Florida Administrative Code, were                   pursuant to Rule 18-20.008, Florida Administrative Code. Any publicly owned and
                              estblished for the purpose or being preserved in an             maintained navigation channel authorized by the United States Congress, or other
                                                                                              public works projects authorized by the United States Congress, designed to improve 
                               essentially natural or existing condition so that their
                               aesthetic, biological and scientific values may                             or maintain commerce and navigation shall be deemed to be excluded from the
                               endure for the enjoyment or future generations.          
                    (3) The preserves shall be administered and managed in accordance with the following goals                                                          
                    (a) To preserve protect, and enhance these                                       
                        reasonable regulation or human activity within the        
                        preserves through the development and implementation of a                                                                                                                                              implementation of a comprehensive management            
                        comprehensive management program;                                                   
                    (b) To protect and enhance the waters or the preserves so that the public may continue to enjoy       
                         the traditiona recreational uses of those waters such as swimming. boating, and fishing,                       
                                                                                          

                                                                                 87
 

 






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

                           provisions of this chapter, pursuant to Subsection        181, pages 363-366, and in the Official Records of
                           258.40(2). Florida Statute. Furthermore. all lands       Flagler County in book 33, pages 131-134.
                           lost by avulsion or by artificly induced ersion         4.   Tomoka Marsh Aquatic Preserve, as
                           Shall be deemed excluded from the provisions of this         described in the Official Records of Flagler County
                           chapter pursuant to Subsection 2840(3). Florida         in Book 33, pages 33. and in the Official
                           Statutes.                                                Records of  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
                           Pinellas                                                  in Section 258.39(30). F.S.
                              (3) These rules are promulgated to clarify the            6. Mosquitia Lagoon Aquatic 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 thone lands dictated to
                           considered cumulative with     other rules, a person      the U. S. A. prior to the enactment of the act. until
                           planning an activity within the preserves should          such time as the U. S. A. no longer wishes it to
                           also consult the other applicable department rules        maintain such lands for the purpose q(tar which they
                           (Chapter 18-21, Florida Administrative Code, for          were dedicated. at which timc such lands would
                           example) as well as the rules of the Department of        reven to the board. and he managed as pan (if the
                           Environmental Regulation.                                preserve.
                              (4) These rules shall not affect previous actions           8.   Indian River - Malabar to Sebastian
                           of the board concerning the issuance or any               Aquatic Preserve. as described in the Official
                           casement or lease; or any disclaimer concerning           Records of Brevard County in Book 1143. pages
                           sovereignty lands.                                        199-202. and in the Official Records of Indian
                              (5) The intent and specific provisions expressed        River County in Book 368, pages 5-8.
                           in 18-20.00(e) and (f) apply generally to all                9. Indian River -   Vern Beach to Fort Pierce
                           existing or future aquatic preserves within the scope      Aquatic Preserve. as described in the Official
                           of this chapter. Upon completion of a resource            Records or 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 a 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 expresly     described in the Official records of Martin County
                           recognized as privately owned upland in a                   in Book 337, pages 2 159-2162) and in the Official
                           pre-existing recorded mean high water line               Records of St.Lucie County in Book 201, pages
                           settlement agreement between the board and a               1676-1679.
                           private owner or owners. Provided, however. in               12. Loxahatchec 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 of Martin County in Book 320, pages
                           Coastal 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.
                           privisions    of such act.                                       13. Biscayne Bay - Cape Florida to Monroe
                              (7) Persons interested in obtaining details or         County Line Aquatic Preserve as described in the
                           particular preserves      should contact the Bureau or        Official Records of Dade County in Book 7055.
                           State Lands; Management. Department of 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 of 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. Lignumvitae Key Aquatic Preserve. as
                           in Book 108. pages 343-346, and in Book 111, page         described in the Official Records of Monroe County
                           409.                                                      in Book 502, pages 139-142.
                              2. Nassau River - St. Johns River Marshes                  15. Coupon 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 a 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 SL Johns County in Book       298-301.


                                                                                 88
 


V.9,p.692-2Q                     Florida Aquatic Preserves                         (R. 3/87)
                                                                                   18-20.003
17. Ronkery 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. Wnero Bay Aqulatic 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 248.393, 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 258.39,258.391,258.392,258.393.25840
Book 800, pages 725-728.				     258.41, 258.442,258.44.258.45 FS. History-
21. Gasparilla Sound- Charlotte Harbor		     New 2-23-81. Amended 8-7-85. Formerly 16Q-20.02.
Aquatic Preserve, as descibed in Section 258.392,    Transferred from 16Q-20.002.	
F.5.                                                 18-20.003 Defintions. 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 of Section 258.35
24. St. Maruins Marsh Aquatic preserve, as           though 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 recors of Franklin         pproval for the use,sale,lease or trandfer 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 Regulations.
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 amentities of the preserve in its
27.St. Joseph Bay Aquatic Preserve, as                essentially natural state or condition, and the
described in the Official Records of Gulf County in   maintenance therof.
Book 46, pages 73-76.                                 (4) "Applicant" means any person making
28. St. Andrews State Park Aquatic Preserve, as       an activity wihtin the preserve.
described in the Official Records of Bay C0unty in    interest in state owned lands or any other necessary
Book 379, pages547-550.                               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 Record of Okaloosa        (5) "Beneficial biological functions" means
County in Book 593,pages 742-745.                     interactions between flora, fauna and physical or
30. yellow rover marsh Aquatic Preserve,as            chemical attribustes of the environment, which
described in the Official Records of Santa Rosa       provide binifits taht 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 Escamia conty 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 of the
Seashore prior to the enactmetn of the act, until suchenvironment, which provide benefits that accre to
time as teh 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 gresses, mangroves.
Lake Jackson in Sections 1,2,3,5,10,11,and 14        saltwater marshes, fresh water marshes, mud flats,
township 1 North, Range 1 West and Sections 11,      marine, esstuarine, and aquatic reptiles, games and
12,13,114,15,21,22,23,26,27,28,29,32,33,34           non-games fish species, marine, estuarine, and
and 35. Township 2 North,Range 1 West lying          aquatic mammals, marine, estuarine, and aqutic
below the ordinary high wter 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 uplland wihtin 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 water.

                                                  89


(R. 3/87)
13-20.003                     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 exceptional areas of sovereignty lands
facilities for an activity which produces income.                and the associated water body so 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,  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,            may acquire or approve for inclusion, and the
motels, commercial fishing, shipping, boat or ship               water column over 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 aenities 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 residence.
is, or will be, vested in the board, pursuant to section         cottage or other such single dwelling unit and which
253.002, F.S.                                                    is designed     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   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 now 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 enacument of the Act shall,             would accrue to the public at large as a result of a              
not be consurued as an extreme hardship.  Extreme                proposed action, and which would clearly exceed all
hardship under this act shall not be conscrued in                demonsurable 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 or severance
may be inherent in public projects which are shown               of materials from sovereignty lands, the board shall
to be a public neccessity.                                       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 thos structures necessary for the movement                 provided by persons regulated by the Public Service
of oil and gas from the production site to 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 degree
private, including governmental                                  of the biological, aesthetic and scientific values of the
  (21) "Pier" means a structure in, on, or over                  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

                                                     90



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

or more parties which does now 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 258.4.3(1) F.S. Law Implemented
board.                                                            258.37.258.4.3(1) FS. History - New 2.25.81. Amended
  (31) "Resource Protection Area (RPA) 1" -                       8-7-85.  Formerly 16Q-20.03.  Transferred from
Areas within the   preserves which have                           16Q-20.003.
resources of the highest quality and condition for                  18-21, Florida Administrative Code (Sovereignty
that area.  These resources may include, but are not              Submerged Lands Management) and shall be
limited to corals;  marine grassbeds;  mangrove                   utilized in determining whether to approve.
swamps;  salt-water marsh;  oyster bars;                          approve with conditions or modifications or deny all
archacological and historical sites:  endangered or               requests for activities on sovereignty lands in
threatened species habitat;  and, colonial water bird             aquatic preserves.
nesting sites.                                                      (1) GENERAL PROPRIETARY
  (32) "Resource Protection Area 2" - Areas                         (a) in determining whether to approve or deny
within the aquatic preserves which are in transition              any request the Board will evaluate each on a
with either declining resource protection area 1                  case-by-case basis and weigh any factors relevant
resources of new pioneering resources within                      under Chapter 253 and/or 258.  Florida Statutes.
resource protection area 3.                                       The Board, acting as Trustees for all state-owned
  (33) "Resource Protection Area 3" - Areas                       lands, reserves the right to approve, modify or reject
within the aquatic preserve that are characterized                any proposal.
by the absence of any significant natural resource                  (b) There shall be no further sale, lease or
attributes.                                                       transfer of sovereignty lands except when such sale,
  (34) "Riparian rights" means those rights                       lease or transfer is in the public interest (see Section
incident in lands bordering upon navigable waters,                18-20.004(2) Public Interest Assessment Criteria).
as recognized by the courts of this state and comon                 (c) There shall be no construction of seawalls
law.                                                              waterward of the mean or ordinary high water line,
  (35) "Sale" means a conveyance of interest in                   or filling waterward of the mean or ordinary high
lands, by the board, for consideration.                           water line except in the case of public road and
  (36) "Scientific values" means the preservation                 bridge projects where no reasonable alternative
and promotion of certain qualities or features which              exists.
have scientific significance.                                       (d) There shall, in no case, be any dredging
  (37) "Shore protection structure" means a type                 waterward of the mean or ordinary high water line
of coastal construction designed to minimize the rate            for the sole or primary purpose of providing fill for
of erosion.  Coastal construction includes any work              any area landward of the mean or ordinary high
or activity which is likely to have a material physical          water line.
effect on existing coastal conditions or natural shore             (c) A lease, easement or consent of use may be
processes.                                                       authorized only for the following activities:
  (38) "Sovereignty lands" means those lands                       1. a public navigation project;
including, but not limited to:  tidal lands, islands,              2. maintenance of an existing navigational
sandbars, shallow banks, and lands waterward of                  channel;
the ordinary or mean highwater line, to which the                  3. installation or maintenance of approved
State of Florida acquired title on March 3, 1845, by             navigational aids;
virtue of statehood, and of which it has not since                 4. creation or maintenance of a 
divested its title interest.  For the purposes of this           commercial/industrial dock, pier or a marina;
rule sovereignty lands shall include all submerged                 5. creation or maintenance of private docks for
lands within the boundaries of the preserve, title to            reasonable ingress and egress of riparian owners;
which is held by the board.                                        6. minimum dredging for navigation channels
  (39) "Spo " means materials dredged from                       attendant to docking facilities;
sovereignty lands which are redeposited or                         7. creation or maintenance of a shore protection
discarded by any means, onto either sovereignty                  structure;
lands or uplands.                                                  8. installation or maintenance of oil and gas
  (40) "Transfer" means the act of the board by                  transportation facilities;
which any interest in lands, including easements,                  9. creation, maintenance, replacement or
other than sale or lease, is conveyed.                           expansion of facilities required for the provision of
  (41) "Utility of the preserve" means fitness of                public utilities; and
the preserve for the present and future enjoyment of               10. other activities which are a public necessity
its biological, aesthetic and scientific values, in an           or which are necessary to enhance the quality or
essentially natural condition.                                   utility of the preserve and which are consistent with
  (42) "Water dependent activity" meana an                       the act and this chapter.
activity which can only be conducted on, in, over, or              (f) For activities listed in paragraphs
adjacent to, water areas because the activity                    18-20.004(1)(e)1.-10. above, the activity shall be
requires direct access to the water body or
sovereignty lands for transportation, recreation,
energy production or transmission, or source of
                                                          91

(R. 3/87)
18-20.004                       INTERNAL IMPROVEMENT RUST FUND                   V.9, p. 692-2t

designed so that the structure or structures to be
built in, on or over sovereignty lands are limited so
structures necessary in conduct water dependent
activities.
	(g) For activities listed in paragraphs
18-20.004(1)(e)7.,9, an d10. above, it must be
demonstrated that no other reasonable alternative
exists which would allow the proposed activity to be
contructed or undertaken outisde the preserve.
	(h) The use of state-owned lands for the purpose
of providing private or public road access to islands
where such access did not previously exist shall be
prohibited. The use of state-owned land sfor the 
purpose of providing private or public water supply
to islands where such water supply did not
previously exist shall be prohibited.
	(i) Except for public navigation projects and
maintenance dredgin for existing channels and
basins, any areas dredged to improve or create
navigational access shall be incorporated into the 
preempted area of any required lease or be subject to 
the payment of a neotiated private casement fee.
	(j) Private residential multi-slip docking 
facilities shall require a lease.
	(k) Aquaculture and beach renourishment
activities which comply with th estandards of this
rule chapter and Chapter 18-21, Florida
Administrative Code, may be approved by the
board, but only subsequent to a formal finding of
compatibility with the purposes of Chapter 258,
Florida Statutes, and this rule chapter.
	(l) Other uses of the preserve, or human activity
within th epreserve, although not originally
contemplated, may be approved by the board, but
only subsequent to a formal finding of campatibility
with the purposes of Chapter 258, Florida Statutes,
and this rule chapter.
	(2) PUBLIC INTEREST ASSESSMENT
	CRITERIA
	In evaluating requests for the sale, lease or
transfer of interest, a balancing test will be utilitzed
to determine whether the social, economic and/or
environmental benefits clearly exceed the costs.
	(a) GENERAL BENEFIT/COST CRITERIA
	1. any benefits that are balanced against the 
costs of a particular project shall be released to the
affected aquatic preserve;
	2. in evaluating the benefits and costs of each
request, specific consideration and weight shall be
given to the quality and nature of the specific
aquatic preserve. Projects in the less developed,
more pristine aquatic preserves such as 
Apalachicola Bay shall be subject to a higher
statndard than the more developed urban aquatic
preserves such as Boca Ciega Bay: and,
	3. for projects in aquatic preserves with adopted
management plans, consistency with the
management plan will be weighed heavily when
determining whether th eproject is in the public
interest.
	(b) BENEFIT CATEGORIES:
	1. public access (public boat ramps, boatslips, 
etc.);
	2. provide boating and marina services (repair,
pumpout, etc.);
	3. improve and enhance public health, safety,
welfare, and law enforcement;
	4. improved public land management;
	5. improve and ehnace public navigation;
	6. improve and enhance water quality;
	7. enhancement/restoration of natural habitat
and functions; and
	8. improve/protect
endangered /threatened/unique species.
	(c) COSTS:
	1. reduced/degraded water quality;
	2. reduced/degraded natural habitat and
function;
	3. destruction, harm or harassment of
endangered or threatened species and habitat;
	4. preemption of public use;
	5. increasing navigational hazards and
congestion;
	6. reduced/degraded aesthetics: and
	7. adverse cumulative impacts.
	(d) EXAMPLES OF SPECIFIC BENEFITS:
	1. donation of land, conservation easements, 
restrictive covenants or other title interests in or
contiguous to the aquatic preserve;
	2. providing access or facilities for public land 
management activities;
	3. providing public access easements and/or
facilities, such as beach access, boat ramps, etc;
	4. restoration/enhancement of altered habitat or
natural functions, such as conversion of vertical
bulkheads to riprap and/or vegetation for shoreline
stabilization or re-establishment of shoreline or 
submerged vegetation;
	5. improving fishery habitat through the
establishment of artificial reefs or other such
projects, where appropriate:
	6. providing sewage pumpout facilities where
normally not required, in particular, facilities open 
to the general public;
	7. improvements to water quality such as 
removal of toxic sediments, increased flushing and 
circulation, etc;
	8. providing upland dry storage as an alternative 
to wetslip; and
	9. marking navigation channels to avoid
disruption of shallow water habitats.
	(3) RESOURCE MANAGEMENT
	(a) All propesed activities in aquatic preserves
having management plans adopted by the Board
must demonstrate that such activities are consistent
with the management plan.
	(b) No drilling of oil, gas or other such wells
shall be allowed.
	(c) Utility cables, pipes and other such 
structures shall be constructed and located in a
manner that will cause minimal distrubance to
submerged land resources such as oyster bars and
submerged grass beds and do not interfere with
traditional public uses.
	(d) Spoil disposal within the preserves shall be
strongly discouraged and may be approved only
			92
  

                                                             (R.9/88)
V.9, p. 692-2U                  FLORIDA AQUATIC PRESERVES

structures shall be constructed and located in a
manner that will cause minimal disturbance to
submerged land resources such as oyster bars and
submerged grass beds and do not interfere with
traditional public uses.
	(d) Spoil disposal within the preserves shall be
strongly discouraged and may be approved only
where the applicant has demonstrated that there is
no other reasonable alternative and that activity
may be beneficial to, or at a minimum, not harmful
to the quality and utility of the preserve.
	(4) RIPARIAN RIGHTS
	(a) None of the provisions of this rule shall be 
implemented in a manner that would unreasonably
infringe upon th etraditional, common law and
statutory riparian rights of upland riparian
property owners adjeacent to sovereignty lands.
	(b) The evaluation and determination of the
reasonable riparian rights of ingress and egress for
private, residential multi-slip docks shall be based
upon th enumber of linear fees of riparian shoreline.
	(c) For the purposes of this rule, a private,
residential, single docking facility which meets all
the requirements of Rule 18-20.004(5) shall be
deemed to meet the public interest requirements of
Rule 18-20.001(1)(b). Florida Administrative
Code. However, tha applicants for such docking
facilities must apply for such consent and must meet
all of the requirements and statndards of this rule
chapter.
	(5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES
	(a) All docking facilities, whether for a single or
mulit-slip residential or commerical, shall be
subject ot the following standards and criteria:
	1. no dock shall extend waterward or the mean 
or ordinary high wtaer line more than 500 feet or 20 
percent of the width of the waterbody at that 
particular location whichever is less;
	2. certain docks may fall within areas of special
or unique importance. These areas may be of
significant biological, scientific, historic and/or
aesthetic value and require special management
considerations. Modifications may be more
restrictive than the noramlly accepted criteria. Such
modifications shall be determined on a case-by-case
analysis, and may include, but shall not be limited to
changes in location, configuration, length, width
and heigth:
	3. the number, lengths, drafts and types of
vessels allowed to utilize the proposed facility may
also be supulated; and
	4. where local governments have more stringent
standards and criteria for docking facilities, the
more stringent standards for the protection and
enhancement of the aquatic preserve shall prevail.
	(b) Private resdidential single docks shall
conform tot he following specific design standards
and criteria:
	1. any main accent dock shall be limited to a
maximum width of four (4) feet;
	2. the dock decking design and construction will
insure maximum light penetration, with full
consideration of safety and practicality:
	3. the dock will extend out from the shoreline on 
further than to a maximum depth of minus four
(-4) feet (mean low water);
	4. when the water depth is munus four (-4) feet
(mean low water) at an existing bulkhead the
maximum dock length from the bulkhead shall be
25 fee, subject to modifications accommodating
shoreline vegetation overhang;
	5. wave break devices, when necessary, shall be
designed to allow for maximum water circulation
and shall be built in such a manner as to be part of 
the dock structure;
	6. terminal platform size shall be no more than
160 square feet; and
	7. dredging to obtain navigable water depths in
conjunction with private residential, single dock
applications is strongly discouraged.
	(c) Private residential multi-slip docks shall
conform to the following specific design standards
and criteria:
	1. the area of sovereignty, submerged land
preempted by the docking facility shall not exceed
the square footage amounting to ten times the 
riparian waterfront footage of the affected
waterbody of the applicant, or the square footage
attendant to providing a single dock in accordance
with the criteria for private residential single docks,
whichever is greater. A conservation casement or
other such use srestriction acceptable to the Board
must be placed on the riparian shoreline, used for
the calculation of the 10:1 threshold, to conserve and
protect shoreline resources and subordinate/waive
andy further riparian rights of ingress and egress for
additional docking facilities;
	2. docking facilities and access channels shall be
prohibited in Resource Protection area 1 or 2,
excpet as allowed pursuant to Section
258.42(3)(c)1., Florida Statutes, while dredgin in
Resource Protection Area 3 shall be strongly
discouraged;
	3. docking facilities shall only be approved in
locations having adequate existing water depths in
the boat mooring, turning basin, access channels,
and other such areas which will acommodate the
proposed boat use in order to insure that a minimum
of one foot clearance is provided between the deepest
draft of a vessel and the bottom at mean low water;
	4. main access docks and connecting or cross 
walks shall not exceed six (6) feet in width;
	5. terminal platforms shall not exceed eight (8)
feet in width;
	6. finger piers shall not exceed three (3) feet in
width, and 25 feet in length;
	7. pilings may be utilized as required to provide
adequate mooring capabilities; and
	8. the following provisions of Rule
18-20.004(5)(d) shall also apply to private
residential multi-slip docks.
	(d) Commercial, industrial and other revenue
generating/income related docking facilities shall
conform to the following specific design standards
and criteria:
	1. docking facilities shall only be located in or
near areas with good circulation, flushing and
adequate water depths;
				93
	

(R. 9/88)
18-20.006                        INTERNAL IMPROVEMENT TRUST FUND             V.9, p. 692-2v

	2. docking facilities and access channels shall be
prohibited in Resource Protection Area 1 or 2,
except as allowed pursunt to Section
258.42(3)(e)1., Florida Statutes; while dredging in
Resource Protection Area 3 shall be strongly
discouraged:
	3. the docking facilities shall not be located in
Resource Protection Area 1 or 2; however, main
access docks may be allowed to pass through
Resource Protection Area 1 or 2, that are located
along the shoreline, to reach an acceptable Resource
Protection Area 3, provided that such crossing will
generate minimal environemtnal impact;
	4. beginning July 1, 1986 new docking facilities
may obtain a lease only where the local governments
have an adopted marina plan and/or policies
dealing with the siting of commercial/industrial
and private, residential, mulit-slip docking facilities
in their local government comprehensive plan:
	5. the siting of the docking facilities shall also
take into account the access of the boat traffic to
avoid marine grassbeds or other aquatic resources in
the surrounding areas;
	6. the siting of new facilities within the preserve
shall be secondary to the expansions of existing
facilities within the preserve when such expansion
in consistent with the other standards:
	7. the location of new facilities and expansion of
existing facilities shall consider the use of upland
dry storage as an alternative to multiple wet-slip
docking;
	8. marina siting will be coordinated with local
governments to insure consistency with all local
plans and ordinances;
	9. marinas shall not be sited within state
designated manatee sanctuaries; and
	10. in any areas with known manatee
concentrations, manatee warning/notice and/or
speed limit signs shall be erected at the marina
and/or ingress and egress channels, according to
Florida Marina Patrol specifications.
	(c) Exceptions to the standards and criteria
listed in Rule 18-20.004(5), Florida Administrative
Code, may be considered, but only upon
demonstration by the applicant that such exceptions
are necessary to insure reasonable riparian ingress
and egress.
	(6) MANAGEMENT AGREEMENTS
	The board may enter into management
agreements with local agencies for the 
administration and enforcement of standards and 
critieria for private residential single docks.
	(7) In addition to the policies, standards and
criteria delincatedin subsections (1) through (6), 
the provisions of the following management plans
apply to specific aquatic preserves and art
incorporated herein by reference. Where regulatory
criteria in 18-20, F.A.C., may differ with specific
policies in the management plans listed herein, the
general rule criteria shall prevail.
				Date Adopted
Alligator Harbor        September 23, 1986
Banana River            September 17, 1985

Cockroach Bay           April 21, 1987
Enero Bay               September 6, 1983
Charlotte Harbor
 (Cape Haze,
 Gazparilla
 Sound-Charlotte
 Harbor, Matlacha
 Pass and Pine island
 Sound)                 May 18, 1983
Indian River-Malabar
 to Vero Beach          January 21, 1986
Indian River Lagoon
 (Vero Beach to Fort
 Pierce and Jensen
 Beach to Jupiter
 Inlet)                 January 22, 1985
Loxahatchee
 River-Lake Worth
 Creek                  June 12, 1984
Nassau River-St.
 Johns River Marshes
 and Fort Clinch
 State Park             April 22, 1986
North Fork of the St.
 Lucie River            May 22, 1987
St. Joseph Bay          June 2, 1987
St. Martins Marsh       September 9, 1967
Terra Ceia              April 21, 1967
Wekiva River            August 25, 1987
Specific Authority 258.4(1) FS. Law Implemented
258.41, 258.42, 258.43(1), 258.44 FS. History--New
2-25-81, Amended 8-7-85, formerly 16Q-20.004,
Transformed from 16Q-20.004, Amended 9-4-88.

	18-20.005 Usex, Sales, Leasex, or Transfer of
Interests in Lands, or Materials, Held by the
Board.
Specific Authority 258.43(1) FS. Law Implemented
253.02, 253.12, 258.42 FS. History--New 2-25-81,
Repealed 6-7-85, Formerly 16Q-20.05, Transferred from
16Q-20.005.
	18-20.006 Cumulative Impacts. In evaluating
applications for activities within the preserves or 
which may impact the preserves, the department
recognized that, while a particular alteration of the
preserve may constitute a minor change, the
cumulative effect of numerous such changes often
rsults in major impairments to the resources of the
preserve. Therefore, the department shall evaluate
a particular site for which the activity is proposed
with the recognition that the activity may, in
conjuction with other activities adversely affects the
preserve which is part of a complex and interrelated
system. The impacts of a proposed activity shall be
considered in light of its cumulative impact on the
preserve's natural system. The department shall
include as a part of its evaluation of an activity:
	(1) The number and extent of similar human
actions within the preserve which have previously 
affected or are likely to affect the preserve, whether
considered by the department under its current
authority or which existed prior to or since the
enactment of the Act; and
	(2) The similar activities within the preserves
						94







        V.9, p. 692-2W                       FLORIDA AQUATIC PRESERVES                                       

    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 acting aside such areas
      (4) The extent in 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 so 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 to 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 to the management criteria
 (7) The extent in which mitigation measures             and directives of this chapter. -
may compensate for adverse impacts.                           (c) A directive to develop a natural resource
specific authority 256.43 (1) fs law implenmented       inventory and a management plan for the area being
256.30, 256.43, 256.44 fs hisuory-new 2.25 b1.           established as an aquatic preserve.
Formerly 16q-20.00 Transferred from 16q-20.000                (4) Within 30 days of the designation and
 18-20.007  Protection of Riparian Rights                 establishment of an aquatic preserve, the board
specific authority 258.43 (1) fs law implemented          shall record in the public records of the county or
238.123.238.i24(b)256.44 FS. Hisiory new 2.25-81.         counties in which the preserve is located a legal
repealed 8-7-85. Formerly 16Q.20.07. Transferred from     description of the preserve.
16Q.20.007.                                               Specific Authority 258.43(1) FS. Low implemented    
                                                         258.41 FS.hisnory-New, 2-25-81. Formerly 16Q.20.09.
18-20.008 Inclusion of Lands,title to Which           Transferred 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
                                  I hereto and which are owned by other governmental         Preserve, provided that:
                                  agencies, may be included in an aquatic preserve              (1) In no case shall an exchange result in any
                                  upon specific authorization for inclusion by an            land or water area being withdrawn from the
                                  appropriate instrument in writing executed by 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 or
                                  designated aquatic preserve boundaries or adjacent         the preserve.
                                  thereon. and which are in private ownership, may be        Specific authority 258.43(1) FS. Law Implemented
                                                                                             258.41(5). 256.42(1) FS History - New 2-25-81.
                                  included in an aquatic preserve upon specific              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 Gifus of Lands. The board in its
                                     (3) The appropriate instrument shall be either a        discretion may accept any gifts of Lands or interests
                                  dedication in perpetuity, or a least. 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 Authurity 258.43(1) FS. Law  Implemented
                                     (b) The board shall have the power and duty to              258.42(5) FS History - New 2.23-81. Formerly
                                  enforce 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 Indigenous Life
                                  lease it the termination is in the best interest or the    Forms. The taking or 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 for                    prohibition shall not extend to the commercial
                                  management of such lands.                                  taking or fin fish. crustaceas or mollusks, except as
                                     (c) The board shall pay no more than $1 per Year          prohibited under applicable laws. rules or

                                  for any such least.                                        regulations. Members or the public may exercise
                                  Specific Authority 258.43(1) FS. Law Implemented             their rights to fish, so long as not contrary to other
                                 258.40 258.41 FS. History - New 2-25-81. Formerly 
                                 16Q-20.US Transferred from 16Q-20.008                     statutery and regulatory preovisions controlling such
                                                                                             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


                                                                                    95
 

(R.9/88)
18-20.017                                INTERNAL IMPROVEMENT TRUST FUND                    V.9,p692-2X

   18-20.013 Development   of   resource                   18-20.017 Lake Jackson Aquatic Preserve. In
Inventories  and  Management  Plans  for                 addition to the provisions of Rules 16-20.001
Preserves.                                               through 18-20.016, the following requirements
  (1)The board authorizes and directs the division       shall also apply to all proposed activities within the
to develop a resource inventroy and management           Lake Jackson Aquatic Preserve.If any provisions of
plan for each preserve.                                  this Rule are in conflict withany provisions of Rules
  (2)The division may perform the work to                16-20.001 through 16-20.016 or Chapter 73-534.
develop the inventories and plans,or may enter into      Laws of Florida, the stronger provision for the
agreements with other persons to perform the work.       protection or enhancement of the aquatic preserve
In either case,all work performed shall be subject to    shall prevail.
board approval.                                             (1)No further sale, transfer or lease of
Specific Authority 258.42(1) FS. Law Implemented         sovereignty lands in the preserve shall be approved
253.03(7), 253.03(8) FS. History-new 2-25-81,            or consummated by the Board, except upon a
Amended 6-7-85,Formerly 16Q-20.13, Transferred from      showing of extreme hardship on the part of the
16Q-20.013.                                              applicant or when the board shall determine such
                                                         sale, transfer or lease to be in the public interest.
  18-20.014 Enforcement. The rules shall be                 (2) No further dredging or filling of sovereignty
enforced as provided in Section 258.46.                  lands of the preserve shall be approved or tolerated
Specific Authority 258.43(1) FS. Law Implemented         by the Board of Trustees except:
258.46 FS. History-New2-25-81,Formerly 16Q-20.14             (a) Such minimum dredging and spoiling as may
Transferred from 16Q-20.014.                             be authorized for public navigation projects or for
                                                         preservation of the lake according to the expressed
  18-20.015 Application Form.                            intent of Chapter 73-534,Laws of Florida; and
Specific Authority 253.43(1) FS. Law Implemented              (b) Such other alteration of physical conditions
258.43 FS History-New 2-25-81. Repealed 8-7-85,          as may be necessary to enhance the quality or utility
Formerly 16Q-20.15. Transferred from 16Q-20.015.         of the preserve.
                                                               (3) There shall be no drilling of wells,
18-20.016 Coordination     with       Other              excavation for shell or minerals, and no erection of
Governmental Agencies. Where a Department of             structures (other than docks), within the preserve,
Environmental Regulation permit is required for          unless such activity is associated with activity
activities on sovereignty lands the department will      authorized by Chapter 73-534, Laws of Florida.
coordinate with the Department of Environmental                 (4)The Board shall not approve the relocations
Regulation to obtain a copy of the joint Department      of bulkhead lines within the preserve.
of Army/Florida Department of Environmental                     (5) Notwithstanding other provisions of this act,
Regulation permit application and the biological         the board may, respecting lands lying within the
survey. The information contained in the joint           Lake Jackson basin:
permit application and biological assessment shall              (a) Enter into agreements for and establish lines
be considered by the department in preparing its         delineating sovereignty and privately owned lands;
staff recommendations to the board. The board may               (b) Enter into agreements for the exchange and
also consider the reports of other governmental          exchange sovereignty lands for privately owned
agencies that have related management of                        (c) Accept gifts of land within or contiguous to
permitting responsibilities regarding the proposed        the preserve.
activity.                                                 Specific Authority 258.39(26) FS. Law Implemented
Specific Authority 253.43(1) FS. Law Implemented          258.39(26),258.42FS. History-New 6-7-85. Formerly
258.43FS.History-New 2-25-81,Formerly 16Q-20.16,          16Q-20.017, Transferred from 16Q-20.017.
Transferred from 16Q-20.016.                




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