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


                                                               S





                     ROCKY BAYOU


             AQUATIC PRESERVE MANAGEMENT PLAN

















       QH
                               1991
       90.75
       16
       R63
       1991
                   DEPANTMENT OF MURAL RESOURCES



                                                             MONO















                                     ROCKY BAYOU


                          AQUATIC PRESERVE MANAGEMENT PLAN


                                       ADOPTED


                                  DECEMBER 17, 1991









                                 VIRGINIA WETHERELL


                                 Executive Director

                      Florida Department of Natural   Resources







                         This plan was prepared  by staff of

                               Division of State Lands
                       Bureau of Submerged Lands  and Preserves
                  Northwest Florida Aquatic Preserve Field Office





                                         OAIMOS%@












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





                            77iis documelit-WaS prinLed on recycled paper.











                                  EXECUTIVE SUMMARY




           The Rocky Bayou State Park Aquatic Preserve is recognized as
           an exceptional water resource of the State. The preserve is
           the smallest of the 42 aquatic preserves in Florida,
           encompassing 480 acres.

           This aquatic preserve provides food and habitat for numerous
           f ish, reptiles, birds, and   benthic invertebrates.     Several
           designated species are known to occur in the preserve. Even
           though residential development occurring along the preserve's
           upland boundary is relatively light, the preserve is impacted
           by human activities.    The preserve is partially bordered by
           Eglin Air Force Base. Land owned by the federal government is
           undeveloped and does not appear to be a threat to the
           preserve.

           Submerged lands are selected a's aquatic preserves based upon
           their outstanding biological, aesthetic, and/or scientific
           values.     Rocky Bayou State Park Aquatic Preserve was
           designated as such in 1970 for the primary purpose of
           preserving the biological resources in the area and
           maintaining these resources in an essentially natural
           condition.    The preserve is located in Okaloosa County,
           Florida.

           The main objective of the resource management program for
           Rocky Bayou State Park Aquatic Preserve is to protect the
           preserve's natural resources for the benefit of future
           generations. The management of the preserve will be directed
           toward the maintenance of essentially natural conditions. On
           site management activities include actions by field personnel
           to protect plant communities, animal life, geologic features,
           archaeological sites, and water resources of the preserve.
           Management activities will also focus on cumulative impacts
           and encroachments.

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







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

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

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

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












                                       TABLE OF CONTENTS






          CHAPTER I         INTRODUCTION     .....* ........................    1





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



          CHAPTER III       DESCRIPTION OF AQUATIC PRESERVE
                            A.   Location and Boundaries       .............  15
                            B.   Physiography and Geology       ............  15
                            C.   Surface Water Hydrology      ......... * .... 16
                            D.   Climate    .............................     17
                            E.   Water Quality     .......................    18
                            F.   Vegetative Communities       ..............  19.
                                 1. Submerged & Marsh Community          ..... 19
                                 2. Forested Wetland Community         ...... 20'
                                 3. Steephead Stream Community         ...... 20
                            G.   Fish and Wildlife      ...................   2 4
                                 1.   Benthic Macroinvertebrates       ...... 25
                                 2.   Fish/Shellfish     ..................   26
                                 3.   Amphibians/Reptiles      .............  29
                                 4.'  Birds   ............................    30
                                 5.   Mammals   .................    :******* 32
                            H.   Endangered, Threatened & Species of
                                 Special Concern     .....................    32
                            I.   Cultural Resources      ..................   34
                            J.   Regional Land Use, Development and
                                 Associated Impacts      ..................   35
                                 1. Adjacent Upland Uses        ............  35
                                 2. Uses of the Preserve        ............  36
                                 3. Planned Use      .....................    36





          CHAPTER IV        MANAGEMENT AREAS
                            A. Introduction      ........................     39
                            B. Management Area Classifications           ..... 40
                            C. Minimum Criteria for Allowable Uses .41
                            D. Management Areas        ....................   45











         CHAPTER         SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS
                         A.   Management Issues & Special Needs     ... 51
                              1.  Boat and Jet Ski Traffic    ........ 51
                              2.  Protection of Habitat and
                                  Designated Species    .............. 52
                              3.. Water Quality   .................... 53
                              4.  Establishment of a Long Term Lease
                                  Agreement for Fred Gannon Rocky
                                  Bayou State Recreation Area   ...... 54
                              5.  Regulation of Commercial
                                  Fishing   ......................... 54
                              6.  Proposed Bridge Across Rocky
                                  Bayou   ........................... 55
                              7.  Name Change   ...................... 55


         CHAPTER VI      MANAGEMENT ACTION PLAN
                         A. Resource Management     ................. 58
                         B. 'Resource Protection    ................. 60
                         C. Research    ............................  62
                         D. Environmental Education      ............. 63




         CHAPTER VII     MANAGEMENT COORDINATION NETWORK
                         A. Federal Agencies     .................... 65
                         B. State Agencies     ...................... 66
                         C. Regional Agencies     ................... 69
                         D. Local Governments/Interest Groups       ... 70




         CHAPTER VIII    STAFFING AND   FISCAL NEEDS   ............... 75




         CHAPTER IX      RESOURCE AND   ACTIVITY MONITORING PROGRAM
                         A. Resource    Monitoring  ..............  ... 79
                         B. Progress    Monitoring  ................. 79






                         BIBLIOGRAPHY   ............................  81











                               LIST OF FIGURES AND TABLES




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

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

         Figure 3.        Vegetation Communities     ................... 21

         Figure 4.        Adjacent Land Use Map    ....................  37

         Figure 5.        Management Areas    .........................  49




         Table 1.         Native Plants of Rocky   Bayou Aquatic
                          Preserve   .................................   24

         Table 2.         Fish/Shellfish Which May Occur in or near
                          Rocky Bayou   ...............................  27

         Table 3.         Amphibians and Reptiles Native to Rocky
                          Bayou Aquatic Preserve     ................... 29

         Table 4.         Native Birds of Rocky    Bayou Aquatic
                          Preserve   .................................   31

         Table   5.       Mammals Native to Rocky.Bayou Aquatic
                          Preserve   .................................   32


         Table   6.       Endangered, Threatened,-and Species of
                          Special Concern Likely to occur in
                          Rocky Bayou Aquatic Preserve     ............. 33

        .Table 7.         Management Coordination Network      .......... 72-73

         Table a.         Anticipated Budget for Rocky Bayou Aquatic
                          Preserve and other Locally Associated
                          Aquatic Preserves*   ......................... 77












                               LIST OF APPENDICES



        Appendix A.    Relevant Legislat ion ...................... 83

        Appendix B.    Rocky Bayou Water Quality Parameters .... 93

        Appendix C.    Aquatic Vegetation Illustrations ........ 95

































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

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












                                      CHAPTER I


                                    INTRODUCTION




           Rocky Bayou Aquatic Preserve is situated in the northern
           panhandle of the state    ' in  Okaloosa County (Figure 1).
           Designated as an aquatic preserve on November 2, 1970, this
           480 acre bayou is- the smallest of the 42 Florida aquatic
           preserves.   The preserve encompasses all of the sovereignty
           submerged lands bordered on the north, east, and south by the
           "mean high water" line of Rocky Bayou, and bordered on the
           west by the easterly right-of-way line of State Road 20
           (Figure 2).

           Located along the northern edge of Choctawhatchee Bay, Rocky
           Bayou is a fresh to brackish water system, which receives
           freshwater input from two creeks, Rocky Creek and Turkey
           Creek, and several smaller steephead streams.      Rocky Creek,
           which flows directly into the bayou, represents one of the
           only known habitats for the Okaloosa darter (Etheostoma
           okaloosae) which is federally listed as an endangered species.

           Another designated species, the osprey (Pandion haliaetus),
           occurs in and around the aquatic preserve.        Two ospreys,
           possibly a mated pair, have been observed in the area by the
           aquatic preserve manager. In addition, several osprey nests
           were located by rangers from Fred Gannon Rocky Bayou State
           Recreation Area just south of the preserve. One nest on the
           eastern boundary of the park was abandoned; this may be due to
           the proximity of the newly constructed Parkwood Estates
           residential development. Parkwood Estates is adjacent to the
           eastern border of both the recreation area and the aquatic
           preserve.

           Other noteworthy features of the area are three 11steephead"
           ravines within-the recreation area. one of the steepheads has
           been impounded to create Puddin Head Lake.          The second
           steephead has undergone little or no disturbance other,than a
           paved road which crosses it via a culvert near the ravine's
           mouth.   A residential subdivision (Parkwood Estates) and an
           elementary school have been constructed on the eastern
           boundary of the third steephead. Disruption of the stream's
           ecology has occurred as a result of clearing and untreated
           stormwater runoff. from the subdivision and the school's
           stormwater retention pond which is located upgradient of the
           spring source of the steephead stream. other steephead ravines
           around the bayou have also been impacted by human activity.

           From Fred Gan non Rocky Bayou State Recreation area and from
           several residential areas along the northern and southeastern
           borders of the.bayou, residents and visitors have acces   s to.a









           host of water related activities, i.e. boating, water skiing,
           jet skiing, fishing and swimming.

           The upland area to the northeast of the preserve is
           predominantly undeveloped military property known as Eglin Air
           Force Base.      The area northwest of the preserve is
           experiencing an increase in residential development as -the
           city of Niceville expands.

           Habitat loss, increased impacts from recreational use,
           increased development, and water quality degradation have
           become major threats to this beautiful estuarine environment.
           As construction of the Choctawhatchee Bay bridge begins,
           increased development pressure will need to be addressed.
           Consequently, an integrated management program, by state,
           regional, and local governments, will be necessary to
           accomplish the goal of long term resource protection for the
           preserve and for those adjacent lands which have a direct
           impact on it.

           Implementation of a management plan for the Rocky Bayou
           Aquatic Preserve is only one of the many steps that will be
           necessary to accomplish this goal. The plan will serve as a
           useful guide to the aquatic preserve field staff and others in
           maintaining the integrity of the preserves.           As more
           information concerning the preserve is obtained and analyzed,
           management strategies in this plan will need to be adjusted
           accordingly.

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

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







                                          2









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

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

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

           Chapter IV delineates various management areas within this
           section of the preserve.    These areas are defined by taking
           into account the biological resources, physical parameters,
           and the aesthetic value in conjunction with the use of the
           adjacent uplands.

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

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

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

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

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

           This plan was written by Elaine Martin of the Department, of
           Natural Resources, Division of State Lands, Bureau of
           Submerged Lands and Preserves, Northwest Florida Field Office.








                                          3



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                                                                                    4










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                                               AQUATIC                                                                                                                 @[3 L                     .-IJIT.
                                              PRESERVES                                                                                                      _K@
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                AQUATIC PRESERVES ARE ESTABLISHED
                   BY THE FLORIDA LEGISLATUR9 AND
                       INCLUDE ONLY STATE OWNED
                     SOVEREIGNTY SUBMERGED LAND&
                THE GOVERNOR AND CABINET SITTING
                     AS TRUSTEES OF THE INTERNAL
                     IMPROVEMENT TRUST FUND ARE                                                                                                                       CAIR -0
                      MANAGERS OF THESE AREAS.

                     FOR MORE INFORMATION REGARDING
                        AOUATIC PRESERVES CONTACT:

               DEPARTMENT OF NATURAL RESOURCES

                DIVISION OF STATE LANDS
                                                                                                                                                                                            L.-TA.
                     BUREAU OF AQUATIC PRESERVES


                         3900 COMMONWEALTH BLVD
                        TALLAMASSEE,FLORIDA 32303
                             CREATED %A11IOL L KNOX


        Figure I                  Florida Aquatic Preserves
                                                                                                                                                     L2













                                         95                                           EGLIN          AIR      FORCE           BASE
                                                                                      32                     33                        34                       33
                                                                                                                                                                                  SCALE IN MILES
                                    .........

                                                                                                                ...........                                                                 T I N
                                                                                                                                                                                           T I S
                                                                                   4t                         4                          3




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                                                                                                                   Rocky          .......



                                                                                17
                                                                                                                                               FRED GANNON
                                                                                                                                                                                            13
                                 13                                                                  06                                          ROCKY BAYOU        14
                                                                                                                                                    STATE PA




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                                        31:                                                                                                                                                            01cs
                                 24
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                                                                                                                                                                                 ... ...... .


                                                                                                                                                                               11: E L  IN   AFB
                               ts'               30                                                  LEGEND
                                                                                                                                                                26
                                                                                                        COUNTY       GARY LINE

                                                                                                        CORPORATE LIMITS
                                               BUCCAROOPT.                           .............   :
                                                                                    ..............      MILITARY RESY. 90%
                                                                                                        STATE PARK                                                  ......
                                                                                                                                                                                           36
                                                                                                        PAVED ROAD-HIGH TYPE
                                                                                                                                                                35
                                                                                                        BITUMINOUS ROAD
                                                                                                        STATE HIGHWAY                            WHITE  PT.                             STAKE PT.
                                    Ghoctowhatchee                                 (9
                                                                                      __                INTRACOASTAL WATERWAY
                                                                                   F-77,7777*           AQUATIC PRESERVE
                                                                                                                                                                Say

                                                                              LOCArION




                                                                                                                                     INMACWI@r!j_

                                                                     %
                                                                                                                                                                     MAP OF
                                                                                                                 %                   ROCKY BAYOU STATE PARK AQUATIC PRESERVE
                                                                                                                                                      AQUATIC PRESERVE G-3)
                                                                               IL                           Lft                                       OKALOOSA COUNTY, FLORIDA
                                                                                                                                                                    CREATED BY

                                                                                                                                                         STATE OF FLORIDA BOARD Of
                                    PREPARED BY F. J. HANSEN                                                                             TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
                                    DEPARTMENT OF LAND MANAGEMENT                                                                                               OCTOBER 21, 1969
                                    JULY'I9?O                                         wily Ifftele".'re                                              RESOLUTION ADOPTED OCTOBER 21. 1999

                               Figure 2                  Aquatic Preserve Boundary Map


                                                                                                                     7














                                     CHAPTER II


                                MANAGEMENT AUTHORITY





           A. STATUTORY AUTHORITY

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

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

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

           Management responsibilities for aquatic preserves may be
           fulfilled directly by the Board of Trustees or by staff of the
           Division of State Lands of the Department of Natural Resources
           through delegation of authority.     other governmental bodies
           may also participate in the management of aquatic preserves
           under appropriate instruments of allthority 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 6n 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


                                          9








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

            BACKGROUND

            The laws supporting aquatic preserve management are the direct
            result of the public's awareness and interest in protecting
            Florida's aquatic environment.     The rampant dredge and fill
            activities that occurred in the late      1960 Is fostered this
            widespread 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 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 II, Se iction 7, the state's policy of conserving and
            protecting natural resources and scenic beauty.              That
            constitutional provision also established the authority for
            the legislature to enact measures 'for the abatement of air and
            water pollution.    Later that same year, the IAC issued a
            report recommending the establishment of twenty-six aquatic
            preserves.

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




                                           lb











             B. ADMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

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


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

             Chapter     18-20,   F.A.C.,    specifically     addresses      aquatic
             preserves and derives its authority from Sections 258.35,
             258.36, 258.37, and 258.38,     T.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;





                                               11









                       (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:

                 11(l) to aid in fulfilling the trust and fiduciary
                       responsibilities of the Board of Trustees of the
                       Internal    Improvement    Trust    Fund     for    the



                                           12









                     administration, management, and disposition of
                     sovereignty lands;

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

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

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

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

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




           C. RELATIONSHIP TO OTHER APPLICABLE PLANS AND PROGRAMS

           The State Comprehensive Plan, established by Chapter 187,
           F.S., provides long-range policy guid.ance 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 Preserve Program.

           The Local Government Comprehensive Plan (LGCP) for Okaloosa
           County is required by the Local Government Comprehensive
           Planning and Land Development Regulation Act to have a


                                          13









           comprehensive management plan with elements       relating to
           different governmental functions (e.g., housing, physical
           facilities, conservation, land use, coastal zone protection,
           etc.) Each plan, in effect, is intended to-guide the future
           development of each respective county.    Cities and counties
           are to adopt land development regulations and conform to the
           criteria, policies, and practices of their comprehensive
           plans, which must be updated periodically as required by
           recent statutory amendments.

           The'intent of the Aquatic Preserve'Program is to guide county
           governments during their planning process towards developing
           local planning criteria and standards that will be consistent
           with the objectives of the program.    Okaloosa County's LGCP
           has been submitted to the state and will be implemented
           pending its review and adoption by the Department of Community
           Affairs.














































                                         14












                                     CHAPTER III


                          DESCRIPTION OF AQUATIC PRESERVE





           A. LOCATION AND BOUNDARIES

           Rocky Bayou Aquatic Preserve is located in the southeast
           corner of Okaloosa County along the northern edge of
           Choctawhatchee Bay.     It is bordered on the west by the
           easterly right-of-way line of State Road 20 and encompasses
           all of the sovereignty submerged lands below the mean high
           water line of Rocky Bayou east of SR 20.

           The major population center adjacent to    the preserve is the
           city of Niceville, which had a population of 11,083 in 1980.
           Directly to the south of the preserve is Fred Gannon Rocky
           Bayou State Recreation Area. On the northeast the preserve is
           bordered by relatively undeveloped land, most of which is part
           of Eglin Air Force Base Reservation. The southeast border of
           the preserve is adjacent to a residential subdivision
           (Parkwood Estates) which is presently under construction.



           B. PHYSIOGRAPHY AND GEOLOGY
           Rocky Bayou Aquatic Preserve lies in        Ithe physio'graphic
           division known as the Gulf Coastal Lowlands.       The Coastal
           Lowlands extending across the southern half of the panhandle
           consist of generally flat plains sloping gently to the coast
           (7ernald and Patton-eds., 1984).    In the western end of the
           panhandle the Coastal Lowlands rise to form a high, sandy
           plateau which is characterized by coastal terraces, separated
           by the scarps which formed between-them.

           The Penholloway Terrace, rising 40 to 70 feet.above sea level
           characterizes the geomorphology of the region encompassing the
           aquatic preserve (Wolfe et al., 1988). Rocky Bayou, itself,
           has some steep banks, with slopes extending down to depths 16
           feet.

           Another distinctive geological feature of Rocky Bayou Aquatic
           Preserve is the low bluffs which occur along the shoreline of
           the bayou. These bluffs, some of which are twenty feet high,
           continue to be.undercut and eroded by wave action. This slow
           natural process continues to move the shoreline of the bayou
           back into the recreation area. Access stairs are maintained
           on the parks shoreline in order to prevent additio.nal erosion
           of the bluffs by trampling (MacLaren, 1990).

           The surface geography of the area is reported   to be a result
           of a sharp rise in sea level 20,000 to 7,000    years ago., The


                                          15









            rise lasted for a relatively short period of time before the
            present sea level was established about 6, 000 years ago. This
            sea'level rise inundated the Pleistocene River valleys from
            the coastal embayments that are presently the bayous on the
            north side of the Choctawhatchee Bay (Wolfe et al., 1988)

            The immediate vicinity of Choctawhatchee Bay, including the
            Rocky Bayou area, is composed of sand and clay deposits of
            Pleistocene and Tertiary age. The preserve lies in a geologic
            transitional zone between the clastic dominated coastal plain
            sediments and limestone dominated sediments of the Florida
            Peninsula    sedimentary    province.       Major   near     surface
            lithologies of this.zone are thick variable deposits of sand,
            gravel, and discontinuous clays which make up a sand and
            gravel aquifer extending to approximately 350 feet in depth.

            The sand and gra vel aquifer in the vicinity of the preserve is
            comprised of sediments that range in age from Miocene to
            Holocene.     This aquifer extends beneath the land area
            surrounding Choctawhatchee Bay and extends from land surface
            to the top of the underlying Pensacola Clay confining bed.
            'The Pensacola Clay confining bed consists predominantly* of
            gray to bluish black and light brown calcareous clays.           The
            material composing the Pensacola Clay is described as a
            "material of relatively low permeability between the sand and
            gravel aquifer. above and -the Floridian aquifer below...
            (Trapp et. al., 1977).

            Below the deepest Miocene Age aquiclude within the sand and
            gravel aquifer, the sandy limestone and shell fragments of the
            Upper Floridan aquifer are present.           The Upper Floridan
            aquifer system is separated from the Lower Floridan aquifer'by
            an extensive clay bed known as the Bucatunna Clay.               The
            Bucatunna is present up to 15 miles north of Fort Walton Beach
            in Okaloosa County. The confining bed dips south-southwest at
            about 25 feet per mile, to a depth of 600 to 1,000 feet below
            sea level..    In southern Okalo6sa County this confining bed
            consists of silty, sandy calcareous clay, with occasional thin
            beds.of dark gray clay (Barr, 1983).

            The confining unit, located just below the Floridan aquifer
            system,   contains thick, but irregular zones of gray, hard,
            slightly calcareous, silty-clay shale as much as 300 feet
            thick. This is material of the Middle Eocene Age.



            C. SURFACE WATER HYDROLOGY


            The fundamental unit of surface hydrology is the drainage
            basin.   A drainage basin consists of that area which drains
            surface runoff to a given point (Wolfe et al., 1988). Rocky
            Bayou Aquatic Preserve is part of the Choctawhatchee Bay
            drainage basin (Wolfe et al., 1988), but it- is also the


                                             16








           receiving 'waterbody    for the Rocky Bayou drainage basin
           (Livingston, 1986).      Rocky Bayou drainage basin receives
           runoff from 26,815 hectares of surface area within Okaloosa
           and Walton counties.

           As drainage basins develop the frequency and magnitude' of
           floods usually increases. Flooding is a necessary and useful
           part of an ecosystems energy flow, but if flood levels exceed
           what is needed to maintain the ecosystem, destruction of
           improper development may take place. In order to maintain the
           integrity of the preserve ecosystem excessive flooding must be
           controlled by enforcement of prudent construction practices.
           Minimizing vegetation removal, prohibiting ditch and drain
           operations    as   well   as dredge and       fill    construction
           (particularly in wetland areas), and tightly controlling
           construction and development in floodplain areas are all
           necessary measures to prevent excessive flooding (Wolfe et
           al., 1988) which may result in destruction of the preserve.

           There are two major streams, Rocky Creek and Turkey Creek, and
           several steephead streams that provide freshwater input to
           this system. Rocky Creek and Turkey Creek have a high base
           flow which is attributed to seepage from the sand-and gravel
           aquifer (Wolfe et al., 1988). The freshwater input from these
           creeks and streams has allowed the bayou to maintain its fresh
           to brackish salinity; average surface salinity of 8.3 ppt and
           average bottom salinity of 20.5 ppt (Livingston, 1986). The
           low salinity of the system has had a strong effect on the
           biotic communities of the preserve. This effect is evidenced
           by the      wide variety of freshwater and brackish water
           vegetation which is present along the shoreline.

           Tidal energy in the Choctawhatchee Bay/Rocky Bayou system is
           generally very low. Water velocities rarely exceed 1 foot per
           second, with the most rapid velocities in the eastern portion
           of the system.     This system is also characterized by a low
           tidal range of 0.6 of a foot. During warm periods of the year
           there is very little vertical mixing.        The lack of strong
           vertical    mixing   causes   stagnation    and   water    quality
           degradation during various times of the year.

           On May 12, 1991, Puddin Head Lake (a previously impounded
           steephead stream) broke through its dam and emptied into Rocky
           Bayou.    If the dam is not repaired the "freed" steephead
           stream will return to its original path and be another source
           of freshwater into the aquatic preserve.



           D. CLIMATE


           The mild, subtropical climate of the Florida Panhandle is a
           result of its latitude (30* - 31* N) and the stabilizing
           effect of the adjacent Gulf of Mexico (Wolfe et al., 1988).









           Summer heat is tempered by sea breezes along the coast and up
           to 50 km inland, as well as by the cooling effect of frequent
           afternoon thundershowers. A 10* to 20* drop in temperature is
           frequently the result of these storms.          Summer average
           temperatures are usually in the low to mid 801s.but they may
           range from the mid 70's to slightly over 1000 F (Wolfe et. al.,
           1988).

           Winter temperatures may vary quite a bit due to the frequent
           passage of cold fronts.      Temperatures rarely remain below
           freezing during the day and these fronts generally only last
           2-3 days. Winter temperatures average in the mid to high 50's
           but -they may range from single-digit lows in some years to the
           mid 70's during others (Wolfe et al., 1988).

           Average monthly rainfall ranges from 2.99 to 7.88 inches, and
           there are two peak rainfall periods during the year. During
           the summer rainfall period, June through August, the average
           monthly rainfall is approximately 6.5 inches. During the late
           winter rainfall period, February through April, 5.25 inches of
           rain is the monthly average. Average annual rainfall for the
           panhandle area is approximately 60 inches per year (Fernald
           and Patton, 1984).    Summertime showers are associated with
           convective thunderstorms and the wintertime showers are
           frontal related (Plaik and Kunneke, 1984).



           E. WATER QUALITY

           Due to its natural attributes the Rocky Bayou Aquatic Preserve
           was designated as an "Outstanding Florida Water" (OWF) @on
           March 1, 1979.     An OFW designation by the Department of
           Environmental Regulation (DER) places more stringent standards
           in the issuance of DER permits.        Permit applications for
           activities that lower ambient water quality within designated
           OFW's are normally denied.

           Very limited water quality monitoring has        been conducted
           within the aquatic preserve boundaries.      A state-funded, in
           depth ecological baseline study of the Choctawhatchee Bay
           system was conducted during 1985-86 (Livingston, 1986).
           Forty-eight stations were monitored during this study, and one
           of the stations was within the boundaries of Rocky Bayou
           Aquatic Preserve. The following water quality parameters were
           monitored at the Rocky Bayou station on a monthly basis from
           September 1985 through August 1986;     Temperature, salinity,
           dissolved oxygen, pH, turbidity, color,, fecal coliforms, total
           coliforms,   chemical   oxygen   demand,   ammonia,     nitrites,
           nitrates, total Kjeldahl nitrogen, total nitrogen, ortho-
           phosphates, total phosphates, and phosphate to nitrogen ratio.
           The mean monthly values for these parameters and their yearly
           ranges are given in Livingston, 1986, (Appendix B).



                                          18









           At this time water quality in Rocky Bayou is good but
           increased development in the area is cause for concern.
           Clearing and construction of roads and stormwater sewers for
           a   residential    subdivision   which   is   presently    under
           construction on the eastern boundary of the preserve has
           contributed silt to one of the steephead streams which flows
           into the preserve.     Stormwater "pop-off" valves from the
           sewers discharge directly into the steephead stream and impact
           preserve waters (MacLaren, 1990).

           An elementary school has also been constructed at the eastern
           end of the preserve. The school's stormwater retention pond
           is located upgradient of the spring source of the same
           steephead stream. Percolation or overflow of water from this'
           pond may have adverse impacts on the stream and the aquatic
           preserve (MacLaren, 1990).

           The rupture of Puddin Head dam and the lake's spillage into
           Rocky Bayou will greatly effect the water quality within the
           system. Aquatic vegetation, wetland vegetation, mud, sand and
           other debris were washed from the area between the two bodies
           of water into Rocky Bayou    as the lake was released from its
           shores. The extra nutrients and the silt introduced into the
           bayou may degrade its present water quality.


           F. VEGETATION

           Submerged Vegetation and Marsh Community

           The shallow nearshore zone of the bayou, along the northeast,
           east and southern borders, is inhabited to a moderate extent
           by submerged and emergent aquatic vegetation. Some of these
           species are also sparsely scattered along the northern
           shoreline of the preserve, between the seawalls and docks of
           the single family dwellings. Vegetated communities are well
           established in the bends and pockets of the bayou and
          'especially in the areas where Rocky Creek,' Turkey Creek, and
           the steephead streams flow into the preserve.

           The majority of the marsh community in the preserve is
           characterized    by   a   diversity   of   co-dominant    sedges
           (Cylperaceae) F grasses (Poaceae) , and rushes (Juncus spp-) -
           This is primarily due to the extreme influence of.freshwater
           from the creeks and streams which flow into the bayou, meeting
           a weaker saline tidal flow.       This situation inhibits the
           growth of a true 11saltmarsh" community of low plant diversity
           (Stout, 1989).

           Some of the     dominant emergent species include sawgrass
           (Cladium . Jamaicense),       smooth    cordgrass       (SpArtina
           alterniflora) ' saltmeadow cordgrass (Spartina -patens), black
           needlerush (Juncus roemerianus) , and giant reed (Phracfmites


                                          19








           australis).   A few scattered beds@ of widgeon-grass (Ruppia
           maritima) and tape grass (Vallisneria americana) represent the
           only silb@erged vegetation within Rocky Bayou.
           Marshes usually have very distinct vegetation zones. Smooth
           cordgrass forms a border. along the open water within the
           intertidal zone. This fringe may extend above mean high water
           (MHW) . Landward of the cordgrass is black needlerush, usually
           comprising the largest vegetated zone and the bulk of the
           standing plant community (Soil and Water Conservation Society,
           1989).

           Important functions of marsh vegetation include stablization
           of the shoreline; providing food, cover and spawning habitat
           for fish, waterfowl and other wildlife;         to serve as a
           detrital component for the preserve system; and adding scenic
           beauty to the shoreline.

           Forested Wetland  community

           Three areas along.the 'border of the  preserve also express the
           characteristics of the "wetland hardwood hammock"              or
           "forested wetland" community.     This community is a wetiand
           forest on poorly drained soils, soils subject to constant
           seepage, or soils with high water tables.

           The forested wetland has an evergreen appearance because it is
           dominated by laurel, live and water oaks.        In many areas
           cedars are also one of the dominant evergreen species while
           sweetgum is the dominant deciduous species.          Red maple,
           various bays, and cypress also occur in this community (Soil
           and Water Conservation Society, 1989).

           This community supports a luxurious growth of vegetation with
           a diversity of species.          Some of the 'species which
           characterize this community are: hawthorns (Craetaegus spp.)
           laurel   oak    (*Ouercus  laurifolia),   live    oak    (Quercus
           virginiana), red bay (Persea borbonia)., sweetgum (Liquidambar
           styraciflua), magnolia (Magnolia grandiflora), sweetbay
           (Magnolia virginiana) , waxmyrtle (Myrica cerifera) , and saw
           palmetto (Serenoa repens).

           Steephead Stream Community

           Another unique type of community which exists in the aquatic
           preserve vicinity is that of the steephead ravine/stream.

           Steepheads are highly distinctive stream valley         habitats.
           Steepheads and their stream valleys are formed when ground
           water emerges on a sloping surface through porous sand at the
           h.ead of a stream or catchment.




                                          20



           0000MMM Mom






                        20

           Niceville








                                                     ROCKY                                 BAYOU






                0          1000

                    FEET





                   Tidal Marsh


                    Floodplain Marsh
                                                                                                PUDD   N
                   Impounded Steephead                                                          HEAD LAKE

                   Steephead Ravine/Stream


                   Scattered Mixed Emergents


                   Porested Wetland and Mixed Emergents


                                                    FIGURE 3:                Vegetation Map



























































































                                                              22









           Because' steepheads are highly localized phenomenon, known only
           from the Florida panhandle, they are rather isolated
           environments.   Localization and isolation have resulted in
           populations*of plants and animalsthat differ genetically from
           regional populations (Wolfe et al., 1988). Some species are
           uniquely adapted to the steephead environment, and are only
           found in the steephead stream/ ravine.      Some of these rare
           species include the Okaloosa darter, dusky salamander and the
           Florida bog frog.

           The steephead communities throughout the panhandle, including
           the steepheads which flow into Rocky Bayou Aquatic Preserve,
           generally possess a very similar cross-section of vegetation
           from th e top of the basin they drain to the stream bed.'

           From the top of the ravine to about half way down the slope
           the steephead forest is a closed-canopy assemblage of xeric,
           deciduous trees.      Species common to this area include
           mockernut hickory (Carya tomentosa), laurel oak (Quercus
           laurif olia) , water oak (Q. nigr     and occasionally Eastern
           redcedar (Juniperus virginiana).
           @alfway down the steephead slope a mesic type forest community
           is encountered.      This area contains southern magnolia
           (Magnolia grandiflora) , American beech (Fagus grandifolia) ,
           water oak (p.   nigra), white oak (.Q.   alba), swamp-chestnut
           oak      michauxii), hophornbeam (Ostrya virginiana), pignut
           hickory (Carya glabra), and spruce pine (Pinus qlabra).

           The lower portion of the steephead slope, which is protected
           from the sun, exhibits the characteristics of an evergreen
           shrub zone.     Within this zone shruby species such as
           sparkelberry (Vaccinium arboreum) , mountain laurel (Kalmia
           latifolia) , orange azalea (Rhododendron austrinum) , fetterbush
           (Lyonia lucida),, Florida anise (Illicium floridanum) and many
           others are found.

           Due to the presence of innundated to saturated soils in the
           valley floor of the steephead, the vegetation changes from
           plants which are characteristic of an evergreen-shrub zone to
           plants which are characteristic of a wetland community, such
           as sweetbay (Magnolia virginiana) and numerous species of
           mosses and liverworts.

           Table 1 (on page 24) is a list of aquatic and wetland
           vegetation species which are native to the marsh, forested
           wetland and steephead stream areas in and adjacent to Rocky
           Bayou Aquatic Preserve.       Several illustrations of these
           vegetation species can be found in Appendix C.





                                          23











              TABLE 1:
              NATIVE PLANTS OF ROCKY BAYOU AQUATIC PRESERVE


              Common Name                             Scientific Name

              Pignut Hickory                          Carya glabra
              Mockernut Hickory                       CarVa tomentosa
              Atlantic White Cedar.                   Chamaecyparis thvoides
              Sawgrass                                Cladi    iamaicense
              Hawthorns                               Craetaegus spp.
              American Beech                          Fagus grandifolia
              Black Needlerush                        Juncus roemerianus
              Eastern Redcedar                        Juniperus virginiana
              Mountain Laurel                         Kalmia latifolia .
              Sweetgum                                Liquidambar styraciflua
              Fetterbush                              Lyonia lucida
              Southern Magnolia                       Magnolia grandiflora
              Sweetbay                                Magnolia virginiana
              Waxmyrtle                               Myrica cerifera
              Eastern Hophornbeam                     Ostrya virginiana
              Spoon Flower                            Peltandra sagittifolia
              Red Bay :                               Persea borbonia
              Giant Reed                              Phragmites australis
              Spruce Pine                             Pinus glabra
              White Oak                               Quercus alba
              Laurel Oak                              Quercus laurifolia
              Swamp-chestnut Oak                      Quercus michauxii
              Water Oak                               Quercus nigra
              Live oak                                Quercus virginiana
              Needle Palm                             Rhapidophyllum hystrix
              Orange Azalea                           Rhododendron austrinum
              Whitetop Pitcher Plant                  Sarracenia leucophylla
              Saw Palmetto                            Serenoa repens
              Smooth Cordgrass                        Spartina alterniflora
              Saltmeadow Cordgrass                    Spartina patens
              Sparkleberry                            Vaccinium arboreum
              Tape grass                              Vallisneria americana
              W.idgeon grass                          Ruppia maritima



              G. FISH AND WILDLIFE


              The wildlife value associated with highly productive estuarine
              and marsh communities is extremely important. The linking of
              estuarine with freshwater environments forms a necessary
              habitat for the feeding and breeding of many species. Ranging
              from protozoa to mammals, the animal populations are of
              considerable variety.          Some species are restricted to this
              semlaquatic semiterrestrial habitat, while others can be found
              in the upland communities surrounding the preserve. Tables 2-
              5 illustrate the wide range of fish and wildlife which are
              found within the aquatic preserve and its adjacent area.



                                                     24









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

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

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

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

            Benthic Macroinvertebrates

            Benthic macroinvertebrates are indicators of sediment and
            water quality in aquatic systems.        High numbers of benthic
            macro invertebrates were taken by Livingston (1986) in Rocky
            Bayou. The distribution of organisms is determined by habitat
            characteristics, salinity gradients, nutrient dynamics, and
            pollution. The species collected indicate that Rocky Bayou is
            one of the few remaining unpolluted bayous in the bay..

            over 3 0% of the infaunal fauna consisted of oligochaetes.
            Polychaete worms were also common and were represented by
            Mediomastus    ambiseta,     Aricidea    philbinae,      Streblosnio
            benedicti,     Fabricia     sp.,    Prionos-pio     heterobranchia,
            Lepidactylus  sp., Chione duneri, and Laeonereis culveri.

            Epibenthic macro invertebrates were dominated by pink shrimp
            (Penaeus duorarum) and blue crabs (Call         inectes sapidus).
            other dominants include periclimenid' shrimp (Periclimenes
            longicaudatus) , white shrimp (Penaeus setiferus) , brown shrimp


                                             25









            (Penaeus aztecus)    brief squid (Lolliguncula brevis), and the
            crab Portunus gibbesii.

            Fish/shellfish

            A very large number of f inf ish    and shellfish families have
            been reported from the marshes., streams, creeks, bays and
            bayous of the Choctawhatchee Bay    system. Members of sixty of
            these families spend some portion, if not all, of their lives
            within estuarine habitats similar to those of Rocky Bayou.
            Table 2 lists many of the species which may at some time in
            their lives inhabit the waters of the aquatic preserve.

            The open wat6r habitats associated with t   he bay system contain
            numerous species of commercial and recreational importance.
            The estuarine and marsh areas serve as "nursery grounds" for
            many of the juvenile and larval forms of t            'hese marine
            organisms. These include three shrimp species (brown, white,
            pink), ladyfish, spotted seatrout, red drum, silver perch,
            Atlantic croaker, spot, southern kingfish, gulf menhaden,
            striped mullet, and sheepshead (Wolfe et al., 1988).

           .Though many marsh species have little commercial importance,
            their diverse feeding habits and intense utilization of marsh
            resources makes them especially important in transferring
            energy from the marsh to the estuary and coastal waters and
            thus to commercially valuable species.       Nursery species and'
            marsh foraging species consume detritus, larval organisms, and
            plankton at the base of the food web in the marsh and then
            introduce this energy to the estuarine and near'shore food webs
            when they leave the marsh. Foraging carnivores also provide
            a trophic link between the marsh and adjacent ecosystems.

            Fish species which may be found in Rocky Bayou Aquatic
            Preserve inhabit a variety of habitats. Pompano, blue runner,
            whiting and other forage and juvenile species which will use
            Rocky Bayou as nursery grounds can be found as adults in the
            sandy surf-zones of Choctawhatchee Bay and the Gulf of Mexico.
            Unvegetated, sand bottom habitats are inhabited by burrowing
            types such as flounder, stingrays, jawfishes, and inshore
            lizard fishes.     Non-burrowing types      consist of the sand
            perch, pigfish and spot. Mud bottom habitats Are preferred by
            mullet, croakerf silver perch and catfish.          Anchovies and
            silversides are important forage species and can be seen in
            the bayou's shallowest waters or at the surface where they
            feed.   The grassbeds and tidal marsh areas have a diverse
            assemblage of fish populations including mullet, pinfish,
            needlefish, mojarra, seahorses, pipefish, blennies and gobies.
            "Hard" habitats such as piers, docks, artificial reefs and
           -submerged sea walls may attract many of the "pretty" seasonal
            tropical species such as cocoa damsels,               angelfishes,
            parrotfishes, spadefishes, and butterfly fishes.           Wrasses,



                                            26









              groupers and snappers are also found along these hard
              substrates (Shipp, 1986).

              In Florida, the number of species actually- harvested either
              entirely or principally in the estuaries is surprisingly
              limited.     But estuaries play a significant role in the
              production of many shellfishes and finfishes that ultimately
              are harvested mainly at sea.         About 50 commercial and 30-65
              recreational species caught in the Gulf of Mexico' spend at
              least some portion of their lives in estuarine systems such as
              those within Rocky Bayou Aquatic Preserve. Seabasses, jacks,
              snappers, sheepshead, spot, mackerel, and flounders are a few
              examples of estuarine dependent species which may be taken
              either offshore in the gulf or in the estuary '(Comp and
              Seaman, 1985).

              The creeks and steephead streams draining into Rocky Bayou
              have very special fish         of their own.         The creek chub,
              (Senotilus atromaculatus)      is often found within a few meters
              of the seeping waters of the steepheads. Rocky Creek and the
              steephead streams which flow into the bayou represent the only
              known habitats for a federally endangered species of fish, the
              Okaloosa darter (Etheostoma okaloosae).

              TABLE 2:
              FISH/SHELLFISH WHICH MAY OCCUR IN OR NEAR ROCKY BAYOU


              Common Name                          Scientific Name


              crawled Cowfish                      Acanthostracion quadricornis
              Lined Sole                           Achirus lineatus
              S


              Atlantic Sturgeon                    Acipenser oxyrhynchus
              Alabama Shad                         Alosa alabamae
              Orange Filefish                      Aluterus schoepfi
              Stripped Anchovy                     Anchoa hepsetus
              Bay Anchovy                          Anchoa mitchilli
              Longnose Anchovy                     Anchoa nasuta
              Ocellated Flounder                   Ancylopsetta quadrocellata
              Singlespot Frogfish                  Antennarius radiosus
              Sheepshead                           Archosargus probatocephalus
              Hardhead Catfish                     Arius felis
              Southern Stargazer                   Astroscopus y-graecum
              Silver Perch                         Bairdiella chrysour
              Frillfin Goby                        Bathygobiua soporator
              Gulf Menhaden                        Brevoortia patrouns
              Blue Runner                          Caranx fusus
              Jack Crevalle                        Caranx hippos
              Rock Seabass                         Centropristis philadelphius
              Black Seabass                        Centropristis striata
              Atlantic Spadefish                   Chaetodipterus faber
              Florida Blenny                       Chasmodes saburrae
              Stripped Burrfish                    Chilomycttrus schoepfi
              Atlantic Bumper                      Chloroscombrus chrysurus


                                                  27









             Bay Wiff                                Citharichthys siplopterus
             Mexican Flounder                        CVclopsetta chittendi
             Sand Seatrout                           Cynoscio arenarius
             Spotted Seatrout                        CyLio8cio nebulosus
             Southern Stingray                       Dasvatis americana
             Bluntnose Stingray                      Dasyatis aayiL
             Round Shad                              Decapterus punctatus
             Dwarf Sand Perch                        Diplectrum bivittatum
             Threadfin                               Dorosoma peteriense
             Ladyfish                                Eloys saurus
             Emerald Sleeper                         Erotelis smaraRdus
             Okaloosa Darter                         Etheostoma okaloosae
             Fringed Flounder                        Etropus crossotus
             Round Herring                           Etrumeus teres
             Spotfin Mojarra                         Eucinostomus argenteus
             Skilletfish                             Gobiesox strumosus
             Darter Goby                             Gobionellus boleosoma
             Sharptail Goby                          Gobionellus haststus
             Naked Goby                              Gobiosoma bosci
             Code Goby                               Gobiosoma robustum
             Smooth Butterfly Ray                    GyMnura micrura
             Scaled Sardine                          Harengula pensacolae
             Pearly Razorfish                        Hemipteronotus novacula
             Halfbeak                                Hyporhamphus unifasciatus
             Feather Blenny                          Hypsoblennius hentzi
             Channel Catfish                         Ictalurus punctatus
             Pinfish                                 Lagodo rhomboides
             Spot                                    Leiostomus xanthurus
             Longnose Gar                            Lepisosteus osseus
             Rainwater Killifish                     Lucania Parva
             Red Snapper                             Lutianus campechanus
             Grey'Snapper                            Lutjanus griseus
             Tidewater Silverside                    Menidia berylina
             Southern Kingfish                       Menticirrhus americanus
             Northern Kingfish                       Menticirrhus saxitilis
             Clown Goby                              Microgobius Rulosus
             Green Goby                              Microgobius thalassinus
             Atlantic Croaker                        Micropogon undulatus
             Large Mouth Bass                        Micropterus salmoides
             Planehead Filefish                      Monacanthus hispidus
             Stripped Bass                           Morone saxatilis
             Stripped Mullet                         MuRil cephalus
             Speckeled Worm Eel                      Myrophis punctatus
             Polka-dot Batfish                       Ogocephalus radiatus
             Leatherjacket                           Oligoplites saurus
             Crested Cusk-eel                        Ophidion welshi
             Gulf Toadfish                           Opsanus beta
             Pigfish                                 Orthopristis chrysoptera
             Gulf Flounder                           Paralichthys albigutta
             Southern Flounder                       Paralichthys lethostigma
             Gulf Butterfish                         Peprilus burti
             Atlantic Threadfin                      Polydactylus octonemus
             Bluefish                                Pomatomus saltatrix



                                                   28










             Black Crappie                           Pomoxis nigromaculatus
             Atlant ic Midshipman                    Porichthys porosissimus
             Blackfin Sea Robin                      Prionotus rubio
             Leopard.Sea Robin                       Prionotus scitulus
             Bighead Sea Robin                       Prionotus tribulus
             Clearnose Skate                         Raia eglanteria
             Cownose Ray                             Rhinoptera bonasus
             Spanish Sardine                         Sardinella anchovia
             Large Scale Lizardfish                  Saurida brasiliensis
             Spanish Mackerel                        Scomberomorus maculatus
             Creek Chub                              Semotilus atromaculatus
             Bucktooth Parrotfish                    Sparisoma radians
             Southern Puffer                         Sphoeroides nephelus
             Northern Sennet                         Sphyraena borealis
             Atlantic Needlefish                     Strongylura marina
             Dusky Pipefish                          SyRnathus floridae
             Chain Pipefish                          SyRnathus louisanae
             Gulf Pipefish                           Sygnathus scovelli
             Spotfin Tonguefish                      SyLnphur s diomedianus
             Blackcheek Tonguefish                   SyLnphurus plagiusa
             Inshore Lizardfish                      Synodus foetens
             Florida Pompano                         Trachinotus carolinus
             Atlantic Cutlassfish                    Trichiurus lepturus
             Hogchocker                              Trinectes maculatus
             Southern Hake                           Uryoph@Ecis floridanus
             Atlantic Moonfish                       Vomer setapinnis
             Amphibians/Reptile's

             A large number of reptile and amphibian species occur within-
             the various habitats of the aquatic preserve, Table 3 lists
             the species of amphibians and reptiles which might be found
             within or adjacent to Rocky Bayou Aquatic Preserve.

             Enough water is present in the preserve area to support the
             breeding of several different species of frogs, such as the
             southern leopard frog (Rana sr)henoceiphala), the green tree
             frog (Hyla cinerea), and the spring peeper (Hyla crucifer).
             One frog species which is restricted almost exclusively to
             this area is the bog frog (Rana okaloosae), known from the
             wetlands along the margins of the steephead streams.

             The five-lined skink (Eumeces fasciatus) and sometimes the
             coal skink (E. anthracinus) are common lizards while the green
             anole (Anolis carolinensis) and the ground skink (Scinella
             lateralis) are sometimes abundant at the margins of the
             wetland areas.'

             The American Alligator (Alligator mississipplensis), which is
             listed as a species of special concern by the Florida Game and
             Fresh Water Fish Commission, is also a common inhabitant of
             the marsh and wetland areas.




                                                    29











             TABLE 3:
             AMPHIBIANS AND REPTILES NATIVE       TO ROCKY BAYOU AQUATIC PRESERVE


             Common Name                           Scientific Name


             Florida Cricket Frog                  Acris Rryllu s
             Florida Cottonmouth                   Agkistrodon piscivorus
             American Alligator                    AlUitator mississippiensis:
             Green Anole                           Anolis carolinensis
             Common Snapping Turtle                Chelydra serpentina
             Coal Skink                            Eumeces anthracinus
             Five-Lined Skink                      Eumeces fasciatus
             Mud Snake                             Farancia abacura
             Green Treefrog                        Hyla cinerea
             Southern Spring Peeper                Hyla crucifer
             Squirrel Treefrog                     U_yla squirella
             Two-lined Salamander                  Eurycea bislineata
             Red Salamander                        Pseudotriton ruber
             Du*sky Salamander                     Desmognathus fuscus conanti
             Banded Watersnake                     Neroaia fasciata -
             Southern Chorus Frog                  Pseudacris nigrita
             Bronze Frog                           Rana clamitans
             Bog Frog                              Rana okaloosae
             Southern Leopard Frog                 Rana utricularia
             Ground Skink                          Scinella lateralis
             Gulf Coast Spiny Softshell            Trionvi spiniferus

             Birds

             A wide variety of wading birds, raptors, songbirds,- and
             waterfowl frequent all     'habitat types within the preserve and
             its adjacent uplands. Table 4 lists the large number of bird
             species which inhabit'the preserve sometime during the year.
             Some of the more conspicuous wading birds 'found loafing or
             foraging in the marsh of emergent vegetation include:                   the
             great blue heron (Ardea herodias), least bittern (Ixobrychus
             exilis) , and snowy egret (Egretta thula) . Raptors such as the
             osprey (Pandion haliaetus) utilize basically all communities,
             nesting in large trees in the inner marsh and swamp forest and
             feeding in the bayou.

             In the past the osprey population within the preserve area was
             quite large, but recently the numbers seem to be declining.
             There are few mating pairs present and several nests have been
             abandonded. The abandonment may be due to the proximity of a
             residential development which is being constructed on the
             eastern border of the preserve.           Nest predation by crows is
             also a problem (Carl Schell, Park Ranger, pers. comm.).

             Ducks are the major waterfowl species found in all vegetative
             communities within the preserve.            Wood ducks (Aix sponsa)
             normally inhabit swamp forest and wetland*areas, nesting in


                                                  30









             tree cavities and consuming acorns as a primary f ood.                  They
             are usually year-round residents in this area.                         Other
             migratory ducks such as the scaup (Aythya marila) , and the
             pintail (Anas acuta) , may temporarily stop in the                 preserve
             during the winter.

             TABLE 4: NATIVE BIRDS OF ROCKY BAYOU AOUATIC PRESERVE


             Common Name                            Scientific Name


             Spotted Sandpiper                      Actitus marcularia
             Red-Winged Blackbird                   Agelaius phoeniceus
             Wood Duck                              Aix sponsa
             Green-Winged Teal*                     Anas crecca
             Mallard                                Anas platyrhynchos
             Northern Pintail                       Anas acuta
             Blue-Winged Teal                       Anas discors
             Anhinga                                Anhinga anhinga
             Great Blue Heron                       Ardea herodias
             Redhead                                Aythya americana
             Greater Scaup                          Aythya marila
             American Bittern                       Botaurus lentigenosus
             Bufflehead                             Bucephala albeola
             Common Goldeneye                       Bucephala clangula
             Green Backed Heron                     Buteroides striatus
             Sanderling                             Calidris alba
             Semipalmated Sandpiper                 Calidris pusilla
             Dunlin                                 Calidris alpina
             Great Egret                            Casmerodius albus
             Willet                                 Catoptrophorus semipalmatus
             Semipalmated Plover                    Charadrius semipalmatus
             Killdeer                               Charadrius vocif erus.
             Wilson's Plover                        Charadrius wilsonia
             Black Tern                             ChlidoniAs niger
             Fish Crow                              Corus ossifragus
             American Coot                          Fulica americana
             Common Snipe                           Gallinago gallinago
             Common Loon                            Gaxia immer
             Herring Cull                           Larus arzentatua
             Laughing Gull                          Larus atricilla
             Ringbilled Gull                        Larus delawarensis
             Bonaparte's Gull                       Larus Philadelphia
             Hooded Merganser                       Lophoktes cucullatus
             Yellow-Crowned Night Heron             Nycticorax violaceus
             osprey.                                Pandion haliaetus -
             American White.Pelican                 Pelicanus erythrorhynchos
             Double-Crested Cormorant               Phalacrocorax auritus
             Black-Bellied Plover                   Pluvialis squatarola
             Pied-billed Grebe                      Podilymbus podiceps
             Horned Grebe                           Podiceps auritus
             Common Grackle                         Quiscalus guiscula
             Clapper Rail                           Rallus longirostris scottii
             American Woodcock                      Scolopax minor



                                                   31










              Least Tern                               Sterna  antillarum.
              Forster's Tern                           Sterna  forsteri
              Common Tern                              Sterna  hirundo
              Royal Tern                               Sterna  maxima
              Sandwich Tern                            Sterna  sandvincensis
              Greater Yellowlegs                       Tringa  melanoleuca


              Mammals

              The marsh and hardwood communities in -the vicinity of the
              aquatic preserve provide habit for numerous mammlian species.
              White-tailed deer (Odocoileus virginianus), a popular game
              animal, frequents both areas, mainly because of the escape
              cover'and browse provided (McWhite, 1984). Many other common
              hardwood forest and wetland inhabitants occur here, 'Including
              the squirrel (Sciurus carolinesis), raccoon (Procyon lotor),
              and the beaver (Castor canadensis).                The Florida black bear
              (Ursus americanus floridanus), a threatened species, also
              sparsely inhabits the area. Table 5 represents a list of the
              mammalian species which may be located within the vicinity of
              the Rocky Bayou Aquatic Preserve.

              TABLE 5:
              MAMMALS NATIVE TO ROCKY BAYOU AQUATIC PRESERVE


              Common Name                              Scientific Name


              Beaver                                   Castor canadensis
              Opossum                                  Didelphis marsupialis
              Striped Skunk                            Mephitis mephitis
              Whitetailed Deer                         Odocoileus, virginianus
              Raccoon                                  Procyo lotor
              Eastern  Mole                            Scalopus aquaticus
              Eastern  Grey Squirrel                   Sciurus carolinensis.
              Marsh Rabbit                             Sylvilagus palustris
              Grey Fox                                 Urocyon cinereoargenteus
              Florida Black   Bear                     Ursus americanus floridanus





              H. ENDANGERED, THREATENED AND SPECIES OF SPECIAL CONCERN

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

              Listed species may be classified as endangered               (E), threatened
              (T), of special concern (SSC), or under review (UR) for such
              listing.        Endangered species are those threatened with


                                                      32









             extinction if deleterious factors affecting their populations
             continue.      These are species whose numbers have already
             declined to     such a critically low level, or whose habitats
             have been so    seriously reduced or degraded that without active
             assistance,    survival is questionable. .

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

             TABLE 6:
             ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN LIKELY
             TO OCCUR IN ROCKY BAYOU AOUATIC PRESERVE.

             COMMON NAME/SCIENTIFIC NAME        FGFWFC       USFWS         VDA


             BIRDS:


             Osprey
                Pandion haliaetus               SSC          ----          ----


             Clapper Rail
                Rallus longirostris             ----         UR2
                            scottii


             Least Tern.
                Sterna antillarum               T



             MAMMALS:


             Florida Black Bear
                Ursus americanus
                    floridanus                  T            UR2           ----



             REPTI  LESAMPHIBIANS:


             American Alligator
                Alligator
                    mississippiensis            SSG          T(s/a)        ----

             Bog Frog
                Rana okaloosae                  SSC          ----









                                                  33










             ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN LIKELY
             TO OCCUR IN ROCKY BAYOU AQUATIC PRESERVE.


             FISH:


             Atlantic Sturgeon
                Acipenser oxyrhynchus           SSC          UR2          ----

             Okaloosa Darter
                Etheostoma okaloosae             E            E           ----



             PLANTS:


             Mountain Laurel
                Kalmia latifolia                                           T


             Needle Palm
                Raphidophyll    hystrix                      UR            C

             Orange Azalea
                Rhododendron austrinum                       UR            E


             Whitetop Pitcher Plant
                Sarracenia leucophylla                       UR2           E



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



             I. CULTURAL RESOURCES

             Rocky Bayou Aquatic Preserve has not been surveyed for
             cultural resources.           There are, however, three recorded
             historical structures or archeological sites within or
             adjacent to the boundaries of the preserve and the potential
             for other sites in the area is great.                 These three sites
             correspond to periods of occupation by three different Indian
             groups; the Archaic Indians, the Deptford group, and the
             Weeden group.

             The topographical setting of the area, bluffs with major
             drainage areas, could have provided an ideal habitat for the
             settlement of various peoples. From their elevated positions



                                                  34









           on the bluff, settlements remained dry and the   occupants were
           able to observe the movement of animals below.

           Several periods of Indian occupation in the area also make it
           a prime location for cultural resources.     Sequentially, the
           periods of occupation are as follows:      Paleo Indian period
           (12,000 - 9,500 years ago), Archaic Indian period (9,500 -
           3,500 years ago), Transitional, Deptford (2,500 - 1,900),.
           Swift Creek (1,900 - 1,200), Weeden Island (1,200 - 700),
           Fort Walton (700 - 300),     and finally historic occupations
           (MacLaren, 1990).

           At the close of the Archaic period pottery cultures began to
           appear throughout Florida, and it is possible that these
           people occupied the wetland areas around the preserve.
           Rangers from the Fred Gannon Rocky Bayou State Recreation Area
           have reported pottery shards in their park area.         In the
           interest of preserving any unknown cultural resources which
           might exist within the preserve, a thorough survey of the area
           will have to be conducted.



           J. REGIONAL LAND USE, DEVELOPMENT      ASSOCIATED IMPACTS


           1. ADJACENT UPLAND USES

           The upland areas immediately adjacent to Rocky Bayou Aquatic
           Preserve are presently       broken, down into the following
           categories: low density residential development, mixed-use,
           recreational,    and   military   holdings   (Okaloosa    County
           Comprehensive Plan, 1990). A more detailed outline of local
           land use is provided in the local government future land use
           map in Figure 4.

              a. RESIDENTIAL

                    1.   Low Density Development: Low-density residential
                         development occurs on the uplands along the
                         northern perimeter of Rocky Bayou.         Several
                         single family homes, docks, and boathouses line
                         the shore in this area. Some of the boathouses
                         appear to be non-conforming.


              b.    MIXED-USE: The intent of this category is to promote
                    innovative arrangement of development types, to
                    promote natural resource enhancement and to promote
                    open spaces around buildings. This category of land
                    use allows an intense mixture of residential and
                    commercial activity.     Medical related facilities,
                    general commercial uses, such as restaurants and
                    entertainment facilities, are also permitted in this
                    category.


                                          35








                    The area which is designated for mixed-use is adjacent
                    to the south-east corner of the aquatic preserve.
                    Parkwood Estates residential development, Bluewater
                    Bay Elementary School, and several small shops are
                    within the mixed-use area.

              ce    RECREATIONAL: The recreation category includes city,
                    county, federal, military, state parks, and golf
                    courses.   The area adjacent to the aquatic preserve
                    which has been designated as recreational lies
                    directly to the south of Rocky Bayou and includes Fred
                    Gannon Rocky Bayou State Recreation Area.      The park
                    land is owned by the U.S. Forest Service and is
                    presently leased to the state.

              d.    MILITARY HOLDINGS: The military holding of Eglin Air
                    Force Base is adjacent to the forested wetland area
                    and marsh system to the north-east of the aquatic
                    preserve. There is development immediately adjacent
                    to the aquatic preserve in this area.



           2. USES OF THE PRESERVE


           The uses of Rocky Bayou Aquatic Preserve can be divided into
           two general categories:

              Public/Recreation - Rocky Bayou Aquatic Preserve is located
              adjacent to Fred Gannon Rocky Bayou State Recreation Area
              which provides easy access to the preserve through a boat
              ramp and public camping and picnic areas.              Popular
              recreational    activities    include   fishing,     swimming,
              snorkeling, water skiing, jet skiing, picnicking, and hiking
              along the nature trails and steephead streams.

              Private - private uses are reflected by the presence of
              several small, private docks associated with adjacent upland
              single-family residences.


           3. PLANNED USE


           Residential development adjacent to the preserve is expected
           to increase as the city of Niceville expands.       In addition,
           Okaloosa County plans major road work in the area.              if
           approved, Highway 20 adjacent to the preserve and recreation
           area would be widen, and a new,bridge would span the eastern
           portion of the preserve in addition to the present bridge.
           There is the possibility that Fred Gannon Rocky Bayou State
           Recreation Area's land lease will not be renewed.         If the
           lease is not renewed at some future time the land could be
           subject development.


                                          3.6














                      20

          Niceville


                                  ............                                        . ......
                                                                                    Neel.







                                                ROCKY                               BAYOU






               0         1000

                  FEET










                                                                                         PUDDIN
                  hesidential                                                           HEAD LAKE

                  Govemment


                  Mixed Use


                  State Park



                                                     FIGURE 4:           Adjacent Land Use Map

































































































                                                              38












                                       CHAPTER IV


                                   MANAGEMENT AREAS





           A. INTRODUCTION

           This chapter divides Rocky Bayou Aquatic Preserve into
           separate management areas and delineates the general rule
           criteria 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 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 this segment of
           the bayou.      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    areast   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
           and those not within an aquatic preserve.          The principal
           difference is that uses of submerged lands within an aquatic
           must be shown to be "in the public interest" before it can be
           authorized as opposed to being "not contrary to the public
           interest". for non-aqu4tic preserve areas.




                                           39











           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 adjac     ent
           uplands has a direct bearing on the intensity of demand for
           uses of state-owned submerged 1    'ands.  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
           on how a specific upland area can be developed. Specific land
           uses to be incorporated in the classification of management
           areas of this plan include:

                 Single-Family (SF) : 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.

                 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/preservat ion 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) federall state, and municipal parks
                 that charge a nominal fee. Military property, while not
                 always open to the public, is included in this category
                 since the buildings and grounds are often designated as
                 public facilities.

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




                                            40









           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 111". 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 112". 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 SF11.


           C. MINIMU'X CRITERIA FOR ALLOWABLE USES

           Chapter 18-20, F.A.C., 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. It should
           be   noted   that   other   regulatory   agencies   rules    and
           jurisdictions over activities may also apply within aquatic
           preserves. The minimum standards for each allowable use are
           detailed below.

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

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

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



                                          41









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

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

            Additional policies include all docking structures to access
            a depth of -4 feet at mean low water (MLW) and a-reduction in
            the width of a terminal platform to 4 feet wide if the
            platform is over seagrasses. This reduction will not affect
            the overall area of the terminal platform.

            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 pier shall be limited to 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
                 (MLW)14.

            4.   when the water depth is -4 feet MLW at an - existing
                 bulkhead, the dock length from the bulkhead shall not
                 exceed 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 mannei7 as to be
                 part of the dock structure,

            6.   the maximum size of the terminal platform shall be 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   Re6idential - Multi-slip     D6cks:*      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:



                                            42






           "i.   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.          IA 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) 1,
                 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 MLW;

            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;

            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   'multi-slip docks. .


            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 (see
            Appendix A for a copy of Chapter 18-20, F.A.C.). Section 18-
            20..004 (1) (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


                                            43









            maintenance of private docks; (6) minimum dredging of
            navigation channels attendant to docking faci         'lities; (7)
            creation or maintenance of shore protection structures; (8)
            installation or maintenance of oil and gas transportation
            facilities;    (9)  creation,    maintenance,    replacementf     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(1) (f) , F.A.C. states that structures
            to be built in, on, or over sovereignty lands are limited to
            those necessary to conduct water-dependent activiti      es.
            Utility Easements:      Section 18-20. 004 (3) (c) , 'F.A. C. states
            that utility cables, pipes, and other such structures shall be
            constructed and located in a manner that will cause minimal
            disturbance to submerged resources (e.g., seagrass beds,
            oyster bars) and do not interfere with traditional uses. It
            will be the policy to place additional utilities into
            designated corridors or existing easements within the aquatic
            preserve if no other reasonable alternative exists.

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

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



                                             44









           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 Jor in Chapter 18-20,
           F. A. C.

           In addition to the allowable uses listed above, certain
           activities are generally permissible in all management areas
           in accordance with general rules.      These activities include
           shoreline stabilization, maintenance dredging, and maintenance
           of - channel   markers.       Where   appropriate    to    protect
           environmental resources, certain conditions or restrictions
           may be placed on these types of activities.         For example,
           seawalls in some locations may'be discouraged, and rip rap may
           be required to be placed along seawall, in order to provide
           additional habitat.



           D. MANAGEMENT AREAS


           In this section, each management area is delineated with
           boundaries, descriptions, and allowable uses. Due to changes
           that may occur from the rezoning of adjacent uplands and
           altering biological conditions on submerged lands, the final
           decision on approving, modifying or denying uses of the
           submerged lands within the preserve will be made based on
           field surveys and assessments of project sites. Figure 5 is
           a map of all management areas within this segment of the
           preserve. The purpose of providing this map is to give some
           general guidance and an understanding of where the manage     ment
           areas lie within this segment.

           Some management areas may have a specific activity occurring
           within that is not reflective of the overall upland use. As
           an example, an upland @arcel consists of a marina surrounded
           by single-family homes adjacent to extensive seagrasses. The
           marina may have preceded residential development and the
           aquatic preserve designation; therefore,           it would be
           unreasonable to remove the facility. Marina expansion and new
           commercial-type activities, however, will not be allowed in
           this management area because of the presence of seagrasses
           and/or the upland zoning restrictions.       In such cases, the
           specific activity will be recognized as a "non-conforming
           use".   This term simply recognizes the specific activity as
           such and is not to be interpreted as a termination of vested
          ..rights should a change in ownership occur, nor does it imply
           that future non-conforming uses will be allowed.








                                           45











                                 MANAGEMENT AREA SF11

                   (single-family/primary resource protection area)
                  (there are two management areas in this category)

           Boundaries:     The first management area is defined as all
           state-owned submerged lands which extend 500 feet waterward
           from the mean high water line, 3200 feet east of the line
           between sections 10 and 11, township 1 south, range 22 west
           and continuing approximately 3000 feet west of said line to
           the boundary of the property owned by Eglin Air Force Base,
           near the mouth of an unnamed creek emptying into Rocky Bayou.

           Description: This area is characterized by stands of smooth
           cordgrass, saltmeadow cordgrass, rush, sawgrass, and common
           reed. Turkey Creek and two unnamed creeks enter Rocky Bayou
           in this area.     Some low bluffs, uncommon in Florida, also
           occur here.     Submerged resources include polychaete worms,
           crabs,    clams,    and    scattered    grassbeds.         Sixteen
           docks/boathouses are in this'area. At least two appear to be
           non-conforming structures.

           Allowable Uses:       utility     easements     (in     designated
           corridors), private residential single docks and piers.


           Boundaries:    The second management area in this category is
           defined as all state-owned submerged lands extending 500 feet
           waterward- from the mean high water line and 1600 feet south
           along the shoreline of the line between sections 11 and 14,
           township 1 south, range 22 west.

           Description:    This area is characterized by dense stands of
           saltmeadow cordgrass, sawgrass, rush, scattered cypress trees
           and bottomland hardwoods.      An abandoned osprey nest occurs
           here.    There is also the floodplain of a steephead stream
           which has been partially filled to provide for a roadway. The
           mouth. of this stream is vegetated with widgeon grass, a
           submerged aquatic plant, and a small tidal marsh.              The
           development company which owns this land has obtained a permit
           for a fishing pier, but to this date, the structure has not
           been built. A condition of the permit was the establishment
           of a 1600 foot conservati.on easement along the shoreline.
           This means that, other than the permitted fishing pier, no
           other structures will be built on state-owned submerged lands
           in this section.     Presently, two non-conforming pilings are
           standing. approximately 800 feet south of the north line of
           section 14.

           Allowable Uses: Utility easements (in designated corridors),
           private residential single docks and piers.




                                           46


















       OCLC: 26478844                Rec stat:      n
       Entered:     19920825          Replaced:     19950607         Used:      19950509
     $ Type: a           Bib LvL: m            Source:   d          Lang:   eng
       Repr:             Enc LvL: I            Conf pub: 0           Ctry:   fLu
       Indx: 0           Mod rec:              Govt pub:  s          Cont:   b
       Desc: a           Int LvqL:              Festschr:  0        Illus:  ab
                         F/B:      0           Dat tp:    s          Dates:  1991,      %
     $    1 040       FBA 'c FBA  %
     $    2 043       n-us-fl %
     $    3 092       574.9759 '12 20 %

     $    4 090       'lb %

     $    5 049       NOGM %
     $    6 245   00  Rocky Bayou aquatic preserve management plan : 'b adopted
     December 17, 1991 / 'c prepared by staff of [the] Division of State Lands,
     Bureau of Submerged Lands and Preserves, Northwest FLorida Aquatic Preserve
     Field Office. %
     $    7 260       [Tallahassee]: 'b Dept. of Natural Resources, 'c [1991]. %
     $    8 300       98 p. : 'b ill., maps ; 'c 28 cm. %
     $    9 504       Includes bibliographical references (p.81-82). %
     $  10  651    0  Rocky Bayou State Park (Fla.) %
     $  11  650    0  Submerged lands 'z Florida. %
     $  12  650    0  Aquatic resources 'z Florida 'z Rocky Bayou State Park. %
     $  13  650    0  Marine parks and preserves 'z Florida 'z Rocky Bayou State Park
     x Management.   %
     $  14 650 0      Marine resources conservation 'z Florida 'z Rocky Bayou State
     Park. %
     $ 15 710 1       Florida. 'b Bureau of Submerged Lands and Preserves. %











                                MANAGEMENT AREA SF/2

                (single-family/secondary resource protection area)

           Boundaries: This area is def ined as all state-owned submerged
           lands 500 feet waterward from the mean high water line in
           section 10, township 1 south, range 22 west, along the north
           shore of Rocky Bayou, extending approximately 950 feet
           eastward from the intersection of State Road 20 and the mean
           high water line.

           Description:   This area is characterized by sandy, somewhat
           eroded beaches. Five docks with boathouses, seawalls, and a
           non-conforming boat ramp are in this area.

           Allowable Uses:      utility easements, private residential
           single docks and piers.




                                MANAGEMENT AREA PR/1

               (public recreation/primary resource-protection area)
                 (there are two management areas in this category)

           Boundaries:   The first management area is defined as all
           state-owned submerged lands extending 500 feet waterward from
           the mean high water line, which borders Rocky Bayou State
           Recreation Area. The western boundary of this management area
           is State Road 20.and the eastern boundary is the second SF11
           area previously described.

           Description:   There are several habitat types in this area.
           The mouths of three steephead ravines (one impounded to create
           Puddin Head Lake) empty into the bayou in this area.         The
           mouths of the ravines are vegetated with emergent wetland
           species, such as smooth cordgrass, saltmeadow cordgrass,
           common reed, and sawgrass.    Some widgeon grass, a submerged
           aquatic plant, occurs along the mouth of the eastern most
           steephead.ravine. Emergent wetland species appear all along
           the shoreline, interspersed between low bluffs, an unusual
           geologic feature in Florida.       A small tidal marsh and
           scattered @tands of rush also occur in this management area.
           Due to the impact from wind generated waves, boat wakes, jet
           ski wakes, and foot traffic, some erosion has occurred in
           places along the shoreline.    Resources in this area include
           ospreys, crabs, polychaete worms, and scattered grassbeds..

           Allowable Uses:      utility    easements    (in     designated
           corridors), public docks (meeting the requirements of a
           private residential single dock), ramps and piers.




                                         47









           Boundaries:   The second management area in this category is
           defined as all state-owned submerged lands extending 500 feet
           waterward from the mean high water line in section 11,
           township 1 south, range 22 west, which borders the property
           owned by Eglin Air Force Base.        The boundaries of this
           management area are the two SF11 areas previously described.

           Description:   This area is characterized by a mixture of
           scattered cypress trees, dense bottomland hardwoods, and
           emergent wetland vegetation. Rocky Creek and an unnamed creek
           empty into Rocky Bayou in this area. Leaf litter and a creek
           delta characterize the submerged lands.

           Allowable Uses: utility easements (in designated corridors),
           public docks    (meeting the requirements of a private
           residential single dock), ramps and piers.




                                MANAGEMENT AREA OW/1

                   (open water/primary resource protection area)

           Boundaries:   This management area is defined as all state-
           owned submerged lands of Rocky Bayou, which are 500 feet
           waterward of the' mean high water line, within the aquatic
           preserve.

           Description:    This area is characterized      by relatively
           shallowi 'dark waters of low salinities with scattered
           grassbeds.   Major uses include recreational and commercial
           fishing, swimming, jet skiing and water skiing.

           Allowable Uses:      utility    easements-   (in     designated
           corridors).



















                                         48














                  20

        Nicoville







                                      -.%ROCKY


   t.0




            0       1000

               FEET









                                                                          PUDDIN
               PRI                                                       HEAD LAKE

               SF1

              SF2


              owl



                                         FIGURE 5:         Management Areas




























































































                                                              50












                                     CHAPTER V


                     SITE SPECIFIC MANAGBMEXT ISSUES AMD-KEEDS




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



           A. MANAGEMENT ISSUES AND SPECIAL NEEDS


           1.- Boat and Jet Ski Traffic

           As the population of Okaloosa County grows, the traffic from
           boats, water skiers and jet skis is expected to increase.
           This trend poses a number of problems, both from the
           standpoint of the impacts on the biological resources and from
           related safety issues. -The biological aspects include: (1) an
           increase in turbidity, with the resultant loss of submerged
           grassbeds sensitive to lowered levels of incident light
           penetration, (2) cutting of submerged grassbeds by propellers
           and "prop dredging", (3) pollution from refueling jet skis on
           beaches and shallow bay areas, and (4) shoreline erosion from
           boat and jet ski wakes.

           Safety issues primarily revolve-around the dramatic increase
           in j et ski use in recent years.   By their very nature, jet
           skis are fast and highly maneuverable, making them a potential
           4azard for boaters and swimmers.     The small size of Rocky
           Bayou and the heavy use it receives from recreational
           activities such as swimming and fishing make the use of jet.
           skis in the preserve a dangerous activity.

           Management Initiatives:

           (1)  Encourage the local government to adopt an ordinance
                restricting the use of jet skis to areas outside the
                aquatic preserve.

           (2)  Work with local governments to establish a speed limit
                for boat traffic in.Rocky Bayou.



                                         51









           2. Protection of Habitat and Designated Species

           Increasing pressures from development and other human
           activities have impacted and continue to impact the natural
           environment of Rocky Bayou.       Alligators, Okaloosa darters,
           ospreys, and least terns, all designated species, occur in the
           area.   Additionally, the steephead ravines which drain. into
           Rocky Bayou are rare habitats, known to occur only in the
           Florida panhandle. Several species of rare plants and animals
           can be found within these ravines.

           Three steephead ravines which drain into Rocky Bayou are
           located in Fred Gannon Rocky Bayou State Recreation Area. One
           ravine was impounded to create Puddi*n Head Lake, however, the
           dam to this lake blew out in May 1991 due to improper design,
           improper maintenance, and excessive rainfall.        The mouth of
           the westernmost ravine has been partially filled for a roadway
           crossing.    Drainage is facilitated through a culvert.         The
           easternmost ra'vine in the recreation area receives siltation
           and untreated stormwater runoff from adjacent developments.
           No water quality studies have been conducted in these ravines.
           A fourth steephead ravine occurs outside the park'boundaries
           in adjacent Parkwood gstates.        Approximately- 300 feet of
           wetlands near the ravine's mouth were filled to provide
           automobile access to sections of the development. Drainage is
           facilitated through culverts. Sedimentation from clearing and
           developing has also impacted this ravine and many trees of the
           floodplain have died. Clearly, these rare steephead ravines
           are sensitive environmental areas which must be protected.

           As with the steephead ravines, the designated species which
           occur in this area also need protection.            Ospreys have
           abandoned nest sites near Parkwood Estates and other nests are
           thought to be unproductive due to -predation by crows.          The
           Okaloosa darter, a state and federally listed endangered fish,
           is known to occur in Rocky Creek and is believed to occur in
           the steephead streams draining into the bayou.                Other
           designated species      occurring in the preserve          include
           alligators and least terns.

           Although not rare, salt marsh in the preserve has been
           impacted by erosion caused by boat and jet ski wakes and wind
           generated waves.     Local citizens claim that grassbeds and
           associated shrimp populations are being impacted by commercial
           shrimping activities.'

           Considering the small size of Rocky Bayou and the pressure it
           faces from human activities, a committed effort must be made
           to preserve, protect, and study the remaining natural areas.






                                           52









            Management Initiatives:

            (1)   Coordinate with Florida Park Service District I and Fred
                  Gannon Rocky Bayou State Recreation Area personnel to
                  conduct a detailed inventory and analysis of the current
                  status of the steephead streams/ravines which drain into
                  Rocky Bayou. This inventory and analysis will include an
                  updated summary of rare, threatened and endangered flora
                  and fauna of the steephead streams/ravines, an analysis
                  of human impact, and recommendations for preservation for
                  these unique habitats.

            (2)   Coordinate with Florida Park Service District I and Fred
                  Gannon 'Rocky Bayou State Recreation Area personnel to
                  encourage an environmentally sound solution to the blown-
                  out dam across Puddin Head Lake.       If the dam is to be
                  rebuilt, provide input to aid in the construction of a
                  quality   dam,   and maintenance       of the     dam    after
                  construction. If the dam is not to be'repaired, provide
                  input to prevent further sedimentation of wetlands
                  adjacent to the area and in Rocky Bayou                Aquatic
                  Preserve.

            (3)   Coordinate with Florida Park Service District I and Fred
                  Gannon Rocky Bayou State Recreation Area personnel to
                  encourage a solution to the erosion problem occurring
                  along the low bluffs adjacent to Rocky Bayou.

            (4)   Coordinate with the Florida Game and Fresh Water Fish
                  Commission, U.S. Fish and Wildlife Service and Florida
                  Natural Areas Inventory to monitor the status of
                  designated species-in the preserve.

            .(5)  Coordinate with'Department of Environmental Regulation,
                  florida Park Service District I and local citizens to
                  implement a saltmarsh habitat restoration project.

            (6)   Through environmental education activities, encourage
                  citizens and elected officials to recommend laws and
                  policies to further protect the natural environment of
                  the preserve.


            3. Water Quality

            Although the Department of Environmental Regulation has
            designated Rocky Bayou as having "good" overall water quality,
            limited water quality analyses have been conducted on preserve
            waters. As previously stated, untreated stormwater.runoff and
            eroded sediments drain into the bayou.          The source of the
            stormwater runoff is the nearby housing development and a
            overflow from a retention pond at an adjacent elementary
            school.



                                             53









            Management Initiatives:

            (1)  Coordinate with Department of Environmental Regulation
                 and local  officials to set up a regular water quality
                 monitoring program in the preserve.

            (2)  Coordinate with Department of Environmental Regulation
                 and local  officials to improve7 treatment of stormwater
                 runoff and decrease sedimentation and siltation in the
                 immediate drainage basin.


            4. Establishment of a Long-Term Lease Agreement for Fred
               . Gannon Rocky Bayou State Recreation Area

            Fred Gannon Rocky Bayou State Recreation Area has been
            operating on a series of five year leases from the United
            States Forest Service. Negotiations are currently underway to
            extend the lease to fifteen years'.   A long term lease would
            increase the possibility for improvements at Fred Gannon Rocky
            Bayou State Recreation Area.

            Management Initiatives:

            (1)  Actively support the establishment of a long-term lease
                 agreement for Fred Gannon Rocky Bayou State Recreation
                 Area. Offer assistance to the Division of Recreation and
                 Parks as needed to aid in the'establishment of the long-
                 term lease agreement.


            S. Regulation-of Commercial Fishing

            Citizens in 'the area state' that small commercial shrimping
            vessels enter Rocky Bayou under Highway. 20 during the-
            shrimping season. Residents are opposed to this activity for
            several reasons: some believe the law intended to restrict
            shrimping from all bayous in Choctawhatchee Bay, but it is not
            being enforced in all bayous; shrimp boats pose a hazard to
            boaters, recreational fishermen and skiers in small Rocky
            Bayou; shrimp boat wakes contribute to shoreline erosion along
            Rocky Bayou; shrimp boat trawls may be damaging the remaining
            submerged grassbeds; and, the bayou is a "nursery ground" for
            other commercially important species which may later migrate
            to . the open gulf upon reaching maturity.        Shrimping is
            regulated by the Marine Fisheries Commission and  the rules are
           .enforced by DNR's Division of Law Enforcement, Florida Marine
            Patrol.    Presently, the Marine Fisheries Commission is
            preparing -a shrimping management plan which will address
            issues such as gear, bag limits, and allowable areas for
            shrimping. The plan will be completed in stages and will be
            open for public comment.



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           Management Initiatives:

           (1)  Contact Florida Marine Patrol and Marine Fisheries
                Commission' to determine areas open to shrimping.

           (2)  Through environmental education activities, inform local
                citizens of the future shrimping management plan and how
                citizens may become involved with the plan..

           (3)  Participate in the public hearing and public comment
                phases of the shrimping management plan and make
                recommendations to Marine Fisheries Commission to protect
                the submerged resources of Rocky Bayou.


           6. Proposed Bridge Across Eastern Rocky Bayou

           The Okaloosa County !rraffic Improvement Plan' calls for the
           construction of a new bridge across"Rocky Bayou. The proposed
           bridge could have a negative impact on designated species and
           habitat quality in the area, as well as ruin the aesthetics of
           the preserve.

           Management Initiative:

           (1) Monitor the status of the proposed bridge and provide
                comments as necessary to encourage other alternatives.


           7. Name Change

           The aquatic preserve is presently known as Rocky Bayou State
           Park Aquatic Preserve. The "state park" is actually a "'state
           recreation area",    i.e.  Fred Gannon Rocky Bayou State
           Recreation Area.    Given the incorrect name status and the
           uncertainty over lease renewals for the recreation area, a
           more appropriate name is Rocky Bayou Aquatic Preserve..

           Management Initiative:

           (1) Propose technical correction in the statutory language
                designating Rocky Bayou as an aquatic preserve.












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                                                              56












                                     CHAPTER VI


                               MANAGEMENT ACTION PLAN



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

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

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

                providing information on the ecological functions and
                economic importance of the natural resources within the
                bayou,

                overseeing those activities that affect the natural
                resources within the  bayou,

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

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

                conducting site surveys for specific activities,

                coordinating    with   other   resource. management     and
                enforcement agencies,

                educating the public on the inherent and economic values
                associated with natural resourcest

                conducting or'cooperating with other entities to conduct
                pertinent research projects, and

                developing a comprehensive management program that can be
                periodically updated.


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             A. RESOURCE MANAGEMENT

             The overall goals of resource management within aquatic
             preserves are:

                   maintaining current, detailed resource inventories,

                   assessing the impact of human activities on the
                   resources,

                   establishing habitat restoration programs, and

                   cooperating with other agencies in water quality
                   improvement.



             GOAL  A.1: MAINTAIN RESOURCE INVENTORIES

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

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

                   Task A. 1. 1. 2:  This inventory shall be conducted once
                   every two years.

                   Task A.1.1.3: The database generated from this inventory
                   will be used to create biological resource maps through
                   the use of pcARC/INFO.

             Obj ective A. 1. 2:   To conduct and maintain an inventory of
             plant and animal species, including designated species, and
             their habitat  s.

                   Task A.1.2.1: Conduct an inventory of plant and animal
                   species, including designated species, and their habitats
                   by using data from existing literature, current research
                   studies and groundtruthing efforts.

                   Task A.1.2,2:     This inventory shall be conducted once
                   every two years.

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

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


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

            Objective A.1.4:    To conduct and maintain an inventory of
            cultural sites in the preserve.

                 Task A.1.4.1: Conduct an inventory of cultural sites in
                 the preserve.

                 Task A.1.4.2: This inventory shall be updated every two
                 years.



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

            Objective A.2.1: To inventory and assess the effects of human
            activities on the natural resources.

                 Task A.2.1.1:      Implement a project natural resource
                 impact monitoring program on all           future projects
                 constructed in the preserve to determine if there is a
                 direct relationship between the presence of structures
                 and the absence of natural resources.

              Task A.2.1.2: Assess the impact of shrimp trawling on the
              submerged resource*of the preserve.


            GOAL A.3: RESTORE ESTUARINE HABITAT

            Objective A.3.1:      To identify suitable unvegetated          and
            disturbed shoreline areas as restoration sites.

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

            Objective A.3.2:   To seek grant funding sources to restore or
            enhance estuarine  habitat in the bayou.

              Task A.3.2.1:      Pursue   grant funding to remove exotic
              vegetation from Rocky Bayou and restore Juncus and Spartina
              marshes.


              Task A.3.2.2:      Enter into a mutual agreement with      *  the
              Florida Park Service to accomplish habitat restoration of
              wetlands smothered by the sediments of the blown-out dam at
              Puddin Head Lake.







                                            59










            GOAL A.4: IMPROVE WATER QUALITY

            Obiective A.4.1:     To coordinate   with DER, Northwest Florida
            Water Management District (NWFWMD), and local governments
            toward improving water quality in the bayou.

               Task A.4. 1.1:   Actively pursue procurement of basic water
               quality monitoring supplies for the preserve.

               Task A.4.1.2:      Maintain an inventory @ file and assess
               available water quality data in the preserve. Coordinate
               with DER and NWFWMD to determine sources of degradation and
               evaluate possible actions to improve water quality.

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



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


            Obiective A.5.1:         To coordinate with local           planning
            departments, regional planning councils, and the Department of
            Community Affairs to develop/revise/evaluate local government
            comprehensive plans and amendments.

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





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







                                             60












            GOAL B.1: PROTECTION OF SUBMERGED AND EMERGENT VEGETATION

            Objective B.1.1:     To minimize potential damage to submerged
            and emergent vegetation through the review of applications for
            use of state-owned land in the aquatic preserve.

               Task B.1.1.1:      Develop a written policy describing a
               scientifically based, standardized method to inventory the
               submerged and emergent biological resources at the proposed
               project site.

               Task B.1.1.2:      Coordinate with the appropriate DNR
               planner to relay the aquatic preserve manager's comments
               on   proposed   projects,    and to     receive    copies    of
               authorizations for all projects in the aquatic preserve.

            Obiective B.1.2: To ensure that structures and projects are
            authorized and are in compliance with the authorized
            conditions.

               Task B.1.2.1: Report projects that do not appear to have
               been authorized and variations from the authorized
               conditions to the appropriate DNR enforcement agent.

               Task B.1.2.2: Coordinate, when appropriate, with ot         her
               agencies that have regulatory authority for these
               projects.

            Objective B.1.3:     To ensure that human use of       the preserve
            does not adversely affect submerged and emergent vegetation.

               Task B.1.3.1: Seek to establish an ordinance        to reduce
               the speed of boats traveling in the aquatic preserve.

               Task B.1.3.2:      Require that approved dredge and fill
               projects use effective turbidity control practices.

               Task B.1.3.3: Coordinate with the Fl.orida Marine Fisheries
               commission and local government to curtail shrimping in
               Rocky Bayou.


            GOAL B.*2.: PROTECTION OF DESIGNATED SPECIES HABITAT

            obj ective B  .2.1:    To ensure that habitats of designated
            species are given maximum protection through the permit-review
            process.

               Task B.2.1.1:       Recommend modifications to proposed
              .projects in order to take into account known habitat of
               designated species-over state-owned submerged land.




                                             61









              Task B.2.1.2: Coordinate with the Florida Game and Fresh
              Water Fish Commission and Florida Natural Areas Inventory
              when designated species habitat or "significant use areas"
              could be affected by proposed activities.




            C. RESEARCH

            Effective management of any biological system relies almost
            entirely on information as to how that system functions, and
            research is the foundation upon which this information is
            based, Estuarine systems are not fully understood, and it is
            essential that some of the gaps in this understanding be
            filled.    The goals of the research program for aquatic
            preserves in general are:

            ï¿½ to gain a better understanding of those factors that are
              essential to the continued biological integrity of the major
              habitats (beds of submerged vegetation, marshes, etc.)
              within the aquatic preserve, and

            ï¿½ to gain a better understanding of those factors that govern
              the continued survival and propagation of designated species
              that use the aquatic preserve for any portion of their life
              cycle.



            GOAL C.1: DETERMINE THE FACTORS THAT AFFECT THE INTEGRITY OF
            ESTUARINE HABITATS


            objective C.1.1:   To determine the primary factors that Affect
            the survival of estuarine species and habitats.

              Task C.1.1.1:    Pursue, at the bureau level, funding to
              conduct research on estuarine species and habitats.

              Task C. 1. 1. 2:  Conduct a literature review of current
              status and biological trends of estuarine species and
              habitats in the preserve.



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


            Obiective C.2.1:    To determine the portions of the preserve
            that serve as habitat for designated species.

              Task C. 2. 1. 1: Coordinate with the Florida Game and Fresh
              Water Fish Commission, the' U.S. Fish and Wildlife.
              Service, Florida Natural Areas Inventory, the Florida
              Audubon Society, and any other relevant group to
              determine which, designated species use what portion of


                                           62









               the aquatic preserve for various aspects of their life
               h i1story.

               Task C.2.1.2: Establish a system of seasonal monitoring
               Sites to determine the preserve's use by designated
               species, particularly by birds.

            Objective C.2.2:    To determine the f actors that af f ect the
            survival of designated species in the preserve.

               Task C.2.2.1: Conduct a literature review to determine the
               factors known to affect the survival of designated species
               in the preserve.

               Task C.2.2.2: Evaluate research needs of designated species
               in the preserve and pursue funding to accomplish research.

            Obiective C.2.3:      To determine the species composition,
            distribution and abundance of the designated flora and fauna
            which'occur in the steephead streams.

               Task C.2.3.1:     Cooperate with Florida Park Service to
               conduct research on the ecology and life history of
               designated flora and fauna which occur in the steephead
               streams.


               Task C.2.3.2: Coordinate with and lend assistance to the
               Division of Recreation and Park's resource management
               program for Fred Gannon Rocky Bayou State Recreation Area.




            D. ENVIRONMENTAL EDUCATION

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



            GOAL D.1: EDUCATE THE PUBLIC T   OWARD WISE RESOURCE USE

            objective D. 1:   To develop an aquatic preserve interpretive
            program for use in existing environmental education programs
            and to educate users of the preserve on the bayou's natural
            resou rces



                                           63









               Task D. 1. 1:   Develop a reference library of information
               relevant to the natural resources of Rocky Bayou.

               Task D.1.2:    Coordinate with and-assist Rocky Bayou State
               Recreation Area personnel to develop and implement
               interpretive programs which focus on the aquatic preserve.

               Task D.1.3: Provide natural      history talks and fie  ld trips
               for local public and private groups (scout groups, college
               students, developers, local government, etc.) interested'in
               the bayou's natural resources.

            Obiective D.2:        To. produce educational literature and
            m.aterials that inform the public of the bayouls natural and
            cultural resources and the importance of preserving and
            protecting these resources.

               Task D.2.1: Develop brochures, pamphlets, and       /or booklet's
               that describe to the public; (1) the purpose of the aquatic
               preserve program and activities conducted at the local
               aquatic preserve office, (2) general information on the
               preserve's ecosystem.. If-feasible, this-task will include
               video presentations.

               Task   D.2.2:       Submit    newspaper    articles    or    radio
              .announcements designed to educate the general public about
               the ecological functions and economic importance of the
               natural resources within the preserve.

            Objective D. 3.:    To participate in environmental        education
            programs.

               Task D.3.1:        Participate in environmental         education
               conferences and    seminars to enhance teadhing skills, to
               become familiar    with other educational programs, and to
               share information on the aquatic preserve program.

            objective D.4:        To establish an      on-site environmental
            education display.

               Task D.4.1:     Pursue, at the bureau level, the necessary
               funds to co nstruct an environmental display adjacent to the
               preserve.















                                             64












                                       CHAPTER VII


                            MANAGEMENT COORDINATION NETWORK




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

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



            A. FEDERAL AGENCIES


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

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

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


                                             65'









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

            The U.S. Geological Survey (USGS) performs surveys :and
            research pertaining to topography as well as monitoring the
            mineral and water resources of the Rocky Bayou region.

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

            The National Marine Fisheries Service (NMFS), under             the
            Department of Commerce, is involved with fisheries management.

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



            B. STATE AGENCIES


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


                                            66









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

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

           The Department of Environmental Regulation (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 Rocky Bayou Aquatic Preserve
           became an OFW in 1979. Chapter 17-4, F.A.C. , addresses permit



                                          67








            requirements and Chapter 17-312, F.A.C.., covers dredge and
            fill activities.

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

            The Department of Health and Rehabilitative services (HRS) has
            responsibilities to protect the public's health by overseeing
            functions that involve water supply, on-site sewage disposal,
            septic tank cleaning, solid waste control, and hazardous
            wastes.    Authority for these responsibilities is found in
            Chapters 154, 381, and' 386, F.S. , and in the 10D Series4 of
            F. A. C. , known as the "Sanitary Code. 11 Within each county, HRS
            functions as the county's health department and oversees-these
            jurisdictional responsibilities.

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

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

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

            Additionally, the , DCA designates Areas of Critical State                   W
            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


                                            68









            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 II, F.S.         Subsection 163.3203(5), F.S.,
            provides that DCA shall adopt rules for the review of local
            government land development regulations. Within one year of
            submission for review by DCA, local governments are required
            to adopt land development. regulations which are consistent
            with their comprehensive plans, pursuant to Subsection
            163.3167(2), F.S.      The two elements within these plans that
            bear most directly on the aquatic preserve program are the
            Coastal Zone Management Element and the Conservation Element.

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

            The Department of State (DOS), Division of Historical
            Resources (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 Department of Transportation (DOT) 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 Northwest Florida Water Management District and
            the    West   Florida    Regional    Planning    Council.        These
            .organizations conduct activities that are on a broader scale
            than those of local governments.


                                              69








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

           The West Florida Regional Planning Council (WFRPC) 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-GOVERNMENTS/INTEREST GROUPS

           Local governments are the incorporated cities and counties
           that border the preserve.     The entire Rocky Bayou Aquatic
           Preserve is in Okaloosa County which has jurisdiction over
           upland zoning regulations. Although not directly adjacent to
           the preserve, the incorporated municipalities of Niceville and
           Valpariso lie very near the preserve.     The Local Government
           Comprehensive Plan for Okaloosa County has been adopted by the
           county but has not yet been accepted by the Department' of
           Community Affairs.

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

           Private-and Public Interest Groups

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






                                          70

























































































                                                             71








                rr 'A. ]a T, M   7        MA- W      C3 1E M M W r17    C-- C-) CD FZ 1--) 1E WAS, r1P 3E C) 1"%1 Iq



                 LOCAL AGENCIES                                                    REGIONAL AGENCIES


                   LGT    Local    Governments     (Cities,     Towns,               RPC    Regional Plannin
                          Municipalities)                                            WMD    Water Management
                   CGT    County Governments                                         FIN    Florida Inland N
                   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 Co
                   DCA    Florida Department of Community Affairs                    COE    United    States
                   DER    Florida    Department.   of   Environmental                       Engineers
                          Regulation                                                 EPA    United      States
                   DNR    Florida Department of Natural Resources                           Protection   Agenc
                   GFC    Florida    Game    and   Freshwater      Fish              FWS    United States .1

                          Commission                                                        Service

                   HRS    Florida    Department    of    Health     and              NMF    National Marine

                          Rehabilitative Services                                    GS     United States Ge
                   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,










                                                                                                                              Local                         Regional                                            State
                                                                                                          LGT ICGT ILDD MCD 1CD ISWCIRPC WMDIFIN IDA DCA I DER I DNR                                         C.FC HRS DOS IDOT FMPIFSG IMP
                                  Dredge and Fill Permitting                                                                                                                                   0       0       0                                           10
                                                                                                                                                         ........ ..
                                                                                                                                                         ........ ...
                                                                                                                                                         ........ ..I....
                                                                                                                                                         ........ .......
                                      Docks, Fishing Piers, Seawalls                                        0101                                                                               0       0                            1
                                      Marinas                                                               0101                                                                        0      0       0
                                  Submerged Lands Management                                                                                                                                           0
                                  Habitat Protection                                                        0 01                                                                        0      0       0       0                             0               0
                                  Mangroves/Wetlands                        Protection                      0 0                                                                       10       0       0       0
                                                                                                                                                         . ..... ..... .. ........
                                                                                                                                                         .... ... ...    .......
                                  Seagrass Protection                                                       0 0                                                                         0      0       0
                                  Habitat Restoration                                                               0                                                                   0      0       0       0                      0
                                                                                                                                                           .... ... ....
                                  Mangroves/Wetlands                        Restoration                             0              0
                                                                                                                                                                                        0      0101
                                                                                                                                                                     . .........
                                  Seagrass Restoration                                                                                                                                  0      0       0
                                  Resource Inventory                                                                                                                                    Ole            0       Ol           1                        0       a
                                  Manatees/Porpoises                                                        0       01                                                                  0              0                    1       1
                                                                                                                                                                     .. ........

                                                                                                                                                                     ... .......
                                  Endangered Species                                                        0       Ol                                                                                 0       0
                                                                                                                                                                                        0                                           10 0             0       a
                                                                                                                                                         ......   .......
                                  Shellfish/Aquaculture                                                             0              0.                                           0
                                                                                                                                                         ......... ........
                                                                                                                                                                                               0.0
                                                                                                                                                                  .....  ........
                                                                                                                                                                  . ... .......
                                                                                                                                                         ........ ..
                                  Public Awareness/Education                                                        0
                                                                                                                                                                                        0      0       0       0                             0       0       a
                                  Research                                                                                         0                                                           0       0       0                                     0.
                                  Fisheries           Research                                                                                                                          0              0       0
                                                                                                                                                                                                                                                     0       a
                                                                                                                                                                  ........ .......
                                  Fisheries          Management                                                                    0                                     .......        0              0                                             0       41
                                      Recreational Fishing                                                                                                                              0              0       0                             0       0       a
                                      Commercial Fishing                                                                                                                                0              0                                     0       0       a
                                  Wildlife Management
                                                                                                                                                         .. ....         ........
                                                                                                                                                                                                                                             0

                                                                                                                                                         ...........
                                  Mosquito Impoundments                                                             0              0                     ..........                     0              0
                                  Historical/Archeological Sites                                            0       0                                                                   0              0                      0
                                  Water Quality                                                             0.0,                   0              0 ...Oii:                             0      0       0               0                     0
                                      Nonpoint Source Pollution                                             0101                                         V@                             0.0.0                          0              0
                                      Point Source Pollution                                                0101                                         ..0..::::                      0      0       0             10
                                                                                                                    0
                                      Oil/Chemical Spills                                                                                                                               0      0       0
                                  Drain age/F reshwa ter Control                                            0 0            0                      0                                     0      0       0
                                                                                                                                                         ... .......
                                  Emergency Response                                                        0 0                                                                         0      0       0       0                             0
                                                                                                                                                                                        Ol
                                  Upland Development                                                        0 0                                                          .......
                                                                                                                                                         . . . . ......
                                                                                                                                                         . ........      .....
                                  Land Use Planning                                                         0101                                                                        0
                                  Navigation al/Boatin g                                                                                                                                               0       0 0                           0 0
                                                                                                            0 0
                                  Recreational Areas                                                                0                                                                                  0
                                                                                                                                                                  ... ....                                                                   Ole
                              1 Bridges and Roads                                                                                                                                     .0 0             0
































































































                                                             74












                                    CHAPTER VIII


                             STAFFING AND FISCAL NEEDS




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

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

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

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













                                         75

































































































                                                             76












                                          TABLE 8


                ANTICIPATED BUDGET FOR ROCKY BAYOU STATE PARK AQUATIC
               PRESERVE AND OTHER LOCALLY ASSOCIATED AQUATIC PRESERVES







            SALARY                                       1ST YEAR         2ND YEAR

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

            Subtotal                                        79,315           81,695






            OPERATING CAPITAL OUTLAY


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

            Subtotal,                                       48,000






            OPERATING EXPENSES

            Office Rent/Gas/Phone                        $ 19,000         $ 21,000


            TOTAL COST                                  $146,315           $102,695


















                                              77
































































































                                                              78












                                      CHAPTER IX


                      RESOURCE AND PROGRESS MONITORING PROGRAM




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


            A. RESOURCE MONITORING


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

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



            B. PROGRESS MONITORING


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



                                          79








            the preserve as well as identiiying current human activities.
            This report will detail the following:

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

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

              b.  Identify the current number of structures/activities
                  either started or completed in the preserve.         These
                  structures/activities will be categorized as follows:
                  1) authorized projects (e.g. '-private residential single
                     docks, multi-family fishing piers),
                  2) unauthorized projects, and
                  3) projects   not - in compliance with the        original
                     authorization.

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

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

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
























                                          80












                                       BIBLIOGRAPHY



            Barile, D., C.A. Panico, and G.E. Health. 1987. Management
                  plan and implementation strategy f or the Indian River
                  Lagoon systems.       Marine Resources Council, Florida
                  Institute of Technology.      Sea- Grant Contract IRL IR-1,
                  Melbourne, Florida.

            Barr, D.E. 1983. Ground Water Conditions in the Vicinity of
                  Choctawhatchee Bay, Northwest Florida. Northwest FLorida
                  Water management District Special Report 83-10. 46 pp.

            CRS  Sirrine, Inc.      1988.   Draft Environmental Assessment:
                  Choctawhatchee Bay Bridge.

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

            Florida Game and Fresh Water Fish Commission. 1988. Official
                  Lists of Endangered and Potentially Endangered Fauna and
                  Flora in Florida. 19 pp.

            Livingston,    R.J.    1986.   The Choctawhatchee - River - Bay
                  System.     Center for Aquatic Research and Resource
                  Management. Florida State University, Tallahassee, FL.
                  4v.

            Livingston, R.J., C.C. Koenig, and J.M. Kuperberg.              1988.
                  Final Report:     Cho'ctawhatchee Bay Project for Florida
                  Division of community Affairs and Northwest Florida Water
                  Management District.      Center for Aquatic Research -and
                  Resource    Management.       Florida    State     University,
                  Tallahassee, FL.

            MacLaren, P.     1990.   Resource Management Audit: Rocky Bayou
                  State Recreation Area. Division Of Recreation and Parks,
                  District I.

            Mettee,     M.F.     1977.    A Study on the Distribution of
                  Etheostoma okaloosae,   the Okaloosa Darter and Etheostona
                  edwardii,    the Brown  Darter, in Northwest Florida.        J.
                  Ala. Acad.  Sci. 48(3): 65

            Northwest Florida Water        Management District, 1986.           A
                  Compilation of Studies by the Northwest Florida Water
                  Management District on Choctawhatchee Bay, Florida.
                  Water Resources Special Report 86-2.

            OkalOOBa County Comprehensive Plan, Draft NO. X-10.             1990.
                  Barrett Daffin and Carlan, Inc.



                                             81








            Plaik, T.F., and J.T. Kunneke.       1984.   Northwestern Florida
                  Ecological Characterization: an ecological atlas. Map
                  narratives, 90 maps Al through E18.           U.,S. Fish and
                  Wildlife Service.        FWS/OBS - 82/47.1.           Minerals
                  Management Service 85-0011; 302 pp.

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

            Soil and Water Conservation-Society, Florida Chapter. 1989.'
                  26 Ecological Communities. pg. 67-72.

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

            Trapp, H.     Jr.,    C.A. Pascale, and J.B. Fo    *rester.     19-77.
                  Water Resources of Okaloosa County and Adjacent Areas,
                  Florida:      U.S. Geological Survey Water Resources
                  Investigations 77-9. 83 pp.

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




























                                             82







                                                                                     APPENDIX A
                                                                             Relevant Legislation                                                  (R. 3/97)
                                    V. 9,p.692-20                                                                                               18-20.002

                                                        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.                                  (e) To encourage the protection, enhancement
                                      18-20.005         Uses, Sales, Leases, or Transfer of            or restoration of the biological, aesthetic, or
                                                        Interests in Lands, or Materials,              scientific values of the preserves, including but not
                                                        Held by the Board. (Repealed)                  limited to the modification or existing manmade
                                                                                                       conditions toward their natural condition, and
                                      18-20.006         Cumulative Impacts.                            discourage activities which would degrade the
                                      18-20.007         Protection of Riparian Rights.                 aesthetic, biological, or scientific values, or the
                                                        (Repealed)                                     quality, or utility of a preserve, when reviewing
                                                                                                       applications, or when developing and implementing
                                      18-20.008         Inclusion of Lands, Title to Which             management plans for the preserves;
                                                        Is Not Vested in the Board, in a               
                                                        Preserve.                                      (f) To preserve, promote, and utilize indigenous
                                      18-20.009         Establishment or Expansion of                  life forms and habitats. including but not limited to:
                                                        Aquatic Preserves.                             sponges,
                                      18-20.010         Exchange of Lands.                               ,soft coral, hard corals, submerged grasses,
                                      18-20.011         Gifts of Lands.                                 mangroves, sail water marshes, fresh water
                                      18-20.012         Protection of Indigenous Life                 marshes. mud flats, estuarine, aquatic, and marine
                                                        Forms.                                         reptiles, game and non-game fish species, estuarine,
                                      18-20.013         Development          of       Resource         aquatic and marine invertebrates, estuarine,
                                                        Inventories      and     Management            aquatic and marine mammals, birds, shellfish and
                                                        Plans for Preserves.                           mollusks;
                                      18-20.014         Enforcement.                                  (g) To acquire additional title interests in lands
                                      18-20.015         Application Form. (Repealed)                  wherever such acquisitions would serve to protect or
                                      18-20.016         Coordination       with        Other          enhance the biological, aesthetic, or scientific values
                                                        Governmental Agencies.                         of the preserves;
                                                                                                       (h) To maintain those beneficial hydrlogic and
                                      18-20.017         Lake Jackson Aquatic Preserve.
                                                                                                       biologic functions, the benefits of which accrue to
                                      Libray References: Riparian rights to navigable waters,          the public at large.
                                      I Henry Dean. 55 Fla. Bar J. 247, 250 (Mar., 1981).               (4) Nothing in these rules shall serve to
                                         18-20.001 Intent.                                              eliminate or alter the requirements or authority of   
                                         (1) All sovereigty 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(l) F.S. Law
                                         (2) The aquatic preserves which are described in              Implemented 258.35, 258.36, 258.37, 258.39, 258.393 FS.
                                      73-534, Laws of Florida, Sections 258.39, 258.391,               Chapter 80-280 Laws of Florida History-New 2-23-81.
                                                                                                       Amended 8-7-85, Formerly 16Q-20.01, Transferred from
                                      258.392 and 258.393, Florida Statutes, future                    16Q-20.001.
                                      aquatic preserves established pursuant to general or
                                      special acts of the legislature, and in Rule                     18-20.002 Boundaries and Scope of the
                                      18-20.002, Florida Administrative Code, were                     Preserves.
                                      established for the purpose of being preserved in an              (1) These rules shall only apply to those
                                      essentially natural or existing condition so that their          sovereignty lands within a preserve, title to which is
                                      aesthetic, biological and scientific values may                   vested in the board, and those other lands for which
                                      endure for the enjoyment or future generations.                  the board has an appropriate instrument in writing,
                                         (3) The preserves shall be administered and                   executed by the owner, authorizing the inclusion of
                                      managed in accordance with the following goals:                  specific lands in an aquatic preserve pursuant to
                                         (a) To preserve, protect, and enhance these                   Section 2(2) of Chapter 73-534, Laws of Florida,
                                      exceptional areas of sovereignty submerged lands by              Sections 258.40(l) and 258.41(5), Florida Statutes,
                                      reasonable regulation or human activity within the               future aquatic preserves estblished through
                                                                                                       general  or special acts of the legislature, and
                                      preserves through the development and        
                                      implementation or a comprehensive management                     pursuant to Rule 18-20.008, Florida
                                      program;                                                         Administrative Code. Any publicly owned and
                                         (b) To protect and enhance the waters of the                  maintained navigation channel authorized by the
                                      preserves so that the public may continue to enjoy               United States Congress, or other public works
                                      the traditional recreational uses of those waters such           project authorized by the United States Congress,
                                      as swimming, boating, and fishing;                               designed to improve or maintain commerce and
                                                                                                       navigation shall be deemed to be excluded from the
                                                                                                       
                                                                                      83
 





                                (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 Statutes. Furthermore, all lands      Flagler County in Book 33, pages 131-134.
                                lost by avulsion or by artificially induced erosion           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 258.40(3). Florida          in Book 33, pages 135-138, and in the Official
                                Statutes.                                                  Records of Volusia County in Book 1244, pages
                                   (2) These rules do not apply to Boca Ciega Bay,         615-618.
                                Pinellas County or Biscayne Bay Aquatic                       5 Wekiva River Aquatic Preserve. as described
                                Preserves.                                                 in Section 258.39(30). F.S,
                                   (3) These rules are promulgated to clarify the             6.    Mosquito Lagoon Aquatic Preserve. as
                                responsibilities of the board in carrying out its land     described in the Official Records oVolusia Cnty
                                management functions as those functions apply              in Book 1244. pages 619-623. and in the Official
                                within    the preserves        Implementation and          Records (if 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 or Brevard CAuntY in Book
                                Environmental Regulation.      Since these rules are       1143, pages 195-198. less those lands dedicacd to
                                considered Cumulative with     other rules, a person       the U. S. A. prior to dc cnatmcnt of he art. until
                                planning an activity within the preserves should           such time as the U.S. A. no longer wishes it
                                also consult the other applicable department rules         maintain such lands for the purposc for which they
                                (Chapter 18-21, Florida Administrative Code, for           were dediLme, at which time such lands would
                                example) as well as the rules of the Department of         revert it) the Lxsarcf, and c managed its part of the
                                Environmental Regulation.                                  preserve.
                                   (4) These rules shall not affect previous actions           8.    Indian River - Mainbar it) Sebastian
                                of the board concerning the issuance of any               Aquatic Preserve, as described in the Official
                                easement or lease; or any disclaimer concerning            Records (if Brevrd County in LiAsok 1143. pages
                                sovereignty lands.
                                                                                           190-202, and in the Ofricial Revord., (of Indian
                                   (5) The intent and specific provisions expressed        River County in Botk 368, juives 5-8.
                                in 18-20.001(e) and (f) apply generally to all                9. Indian River        Vcrti Beach is Fort Pierce
                                existing or future aquatic preserves within the scope      Aquatic Preserve, as described in the Official
                                of this chapter. Upon completion or a resource             Records of Indian River ntqy in Book 368, pages
                                inventory and approval of a management plan for a          9-12. and in the Official Records or 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 its Jupiter Inlet Aquatic
                                may be readdressed by the Board.                           Preserve. as cimribed in the Official Records of St.
                                   (6) For the purpose of clarification and                Lucie County in Elok 218, pages 2865-2869.
                                interpretation, the legal description set forth as           11. North Fork, St. Lucie Aquatic Preserve, as
                                follows do not include any Land which is expressly         described in the Official kccords of Martin CA)untv
                                recognized as privately owned upland in a                 in Book 33 7, pages 215.9-2) 62, and in the 4lTicial
                                pre-existing recorded mean high water line               Records of St. Lucie CAunty in Euxjk 201. pages
                                settlement agreement between the board and a              1676-1679.
                                private owner or owners. Provided, however, in                   161 Laxahatchec River - Lake Worth Creek
                                those instances wherein a settlement agreement was         Aquatic Preserve, as described in the 0OMcial
                                executed subsequent to the passage of the Florida          Records of Martin County in Book 320, paecs
                                Coastal Mapping Act., the determination of the             193-196, and in the Official Records or Pai Beach
                                mean high water line shall be in accordance with the       County in Voiumc 1860, pages 806-809.
                                provisions of such act.                                        13. Biscayne Bay - Cape Florida to Monroe
                                   (7) Persons interested in obtaining details of          County Line Aquatic Preserve. as oescnbed in the
                                particular preserves should contact the Bureau of          Of-cial Recrirds 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 256.165, F. S..
                                Tallahassee, FL 32303 (telephone 904-486-2297).              (Biscayne Bay Aquatic Preserve Act or 19774), and
                                   (a) The preserves are described as -follows:            those lands and waters within the Biscayne
                                   1. Fort Clinch State Park Aquatic Preserce, as           National Park.
                                described in the Official Records of Nassau County  
                                                                                            14. Lirnumvitac' 2Key Aquatic Preserve, as
                                in Book 108, pages 343-346, and in Book 111, page         described in the Official Records of Monine County
                                409.                                                      in Book 5062, pages 139-142.
                                   2. Nassau River - St. Johns River Marshes                   15. Couptin       Bight    ActC   PrCSCrVC, as
                                Aquatic Preserve, as described in the Official              described in the 0f ric.al Revrd stqiltvionre County
                                Records of Duval County in Volume 3183, pages              in Book 502, pages 143q-146.
                                547-552, and in the Official Records of Nassau                16. Cape Romano - Ten ous and Islands
                                County in Book 108, pages 232-237.                         Aquatic Preserve, as descrii)cd in the Official
                                   3. Pellicer Creek Aquatic Preserve, as described       Records of C,ollicr County in Book 381. paces
                                in the Official Records of St. Johns County in Book       298-301.


                                                                                  84
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                                V. 9, p. 692-2Q                        FLORIDA AQUATIC PRESERVES                                             1820.003
                                   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. Estern Bay Aquatic Preserve as described in            in the preserve.
                                Section 258.39(28). Florida Statutes.                            33. Terra Ceia Aquatic Preserve. as described in
                                   19. Pine Island Sound Aquatic Preserve, as                 Section, 258.393, Florida Statutes.
                                described in the Official Records of Lee County in               34. Future  aquatic  preserves established
                                Book 648. pages 732-736.                                      pursuant to general or special acts of the legislature,
                                   20. Mallacha Pass Aquatic Preserve, as                     Specific Authority 120.53, 258.43(1) F.S. Law 
                                described in the Official Records of Lee County in            implemented 258.39,258.391,258.392,258.393,258.40,
                                Book 800, pages 725-728.                                      258.41,258.42,258.43,258.44,258.45 FS. History 
3
                                   21. Gasparilla Sound - Charlotte Harbor                    New 2-23-81. Amended 8-7-85. Formerly 16Q-20.oz.
                                Aquatic Preserve. as described in Section 258.392,            Transferred from 16Q-20.oz                                                          
                                   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 indicated
                                   23. Cockroach Bay Aquatic Preserve. as                      otherwise:
                                described in Section 258.391, F-S.                               (1) "Act" means the provisions(Section 258.35
                                   24. St. Martins Marsh Aquatic Preserve, as                 through 258.46, F-S., the Florida Aquatic Preserve
                                described in the Official Records of Citrus County            ACT
                                in Book 276, pages 239-241.                                     (2) "Activity" means any project and such other
                                   25. Alligator Harbor Aquatic Preserve, as                  human action within the preserve requiring board
                                described in the Official Records of Franklin                 approval for the use, sale, lease or transfer (if
                                County in Volume 98, pages 82-85.                               interest in sovereignty lands or materials, or which
                                   26. Apalachicola Bay. Aquatic Preserve, as                 may require a license from the Department of
                                described in the Official Records of Gulf County in           Environmental Regulation.
                                Book 46, pages 77-81. and in the Official Records of          (3)     "Aesthetic"     values"      means       scenic
                                Franklin County in Volume 98, pages 102-106.                 charateristics or amenities 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 thereof,
                                Book 46, pages 73-76.                                            (4) "Applicant" means any person making
                                   28. St. Andrews State Park Aquatic Preserve, as            application for a permit, license, conveyance or an
                                described in the Official Records or Bay County in           interim in state owned lands or anv other necessary
                                Book 379, pages 547.550.                                      form of governmental approval in order to perform
                                   29. Rocky Bayou State Park Aquatic Preserve,               an activity within the preserve-
                                as described in the Official Records or Okaioosa              (5) "Beneficial" biological functions" means
                                County in Book 593, pages 742-745.                            interactions between flora., fauna and physical or
                                   30. Yellow River Marsh Aquatic Preserve, as                chemical attributes of the environment, Which
                                      described in the Official Records or Santa Rosa         provide benefits that accrue to the public at large,
                                County in Bonk 206, pages 568q-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 or Santa Rosa              conversion to biomass; nutrient recycling and
                                County in Book 220, pages 60-63. in the Official                oxygenation.
                                Records of Escambia County in Book 518, pages                    (6) "Beneficial" hydrological functions" means
                                659-662, less the lands dedicated to the U.S.A for         interactions between flora, fauna and physical
                                the establishment of the Gulf Islands National                geological or geographical attributes or the
                                Seashore prior to the enacement of the act., until such      environment., which provide benefits that accrue to
                                time as the L. 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 or storm water f1ow; 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 or this section the                    and promotion of indigenous life forms and habitats
                                boundaries of the Lake Jackson Aquatic Preserve,              including, but not limited to: sponges, soft corals,
                                shall be the body of water in Leon County known as            hard corals, submerged grasses, mangroves,
                                      
                                                                                              saltwater marshes, fresh water marshes, mud flats,
                                Lake Jackson in Sections 1, 2, 3, 5. 10, 11 and 14,
                                Township 1 North.  Range 1 West and Sections 11,               marine, estuarine, and aquatic reptiles, games and
                                12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29. 32, 33, 34,     non-games fish species, marine, estuarine, and
                                and 35, Township 2 North, Range I West lying                  aquatic mammals, marine. estuarine, and aquatic
                                below the ordinary high water line Such lands shall          invertebrates, birds and shellfish.
                                include submerged bottom lands and the water                (8) "Board" means the Governor and Cabinet
                                column uoon such lands, as well as all publicly               sitting as the Board of Trustees of the Internal
                                owned islands, within the boundaries or the                   Improvement Trust Fund.
                                preserve. Any privately held upland within the                   (9) "Channel" means a trench. the bottom or
                                boundaries (if 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.


                                                                                         85
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                                 (3/87)
                                 18-20.003                          INTERNAL IMPROVEMENT TRUST FUND                                  V. 9, p. 692-2R

                                    (10) "Commercial, industrial and other revenue               (22) "Preserve" means any and all of those areas                                    
                                 generating/income related docks" means docking               which are exceptional areas of sovereignty lands
                                 facilities for an activity which produces income,            and the associated water body so designed in
                                 through rental or any other means, or which serves           Section 258.39, 258.391. and 258 392. F.S..
                                 as an accessory facility to other rental, commercial         including all sovereignty lands, title to which is
                                 or industrial operations. It shall include, but not be       vested in the board, and such other lands as the
                                 limited to docking for marinas, restaurants, hotels,         board may acquire or approve for inclusion, and the
                                 motels, commercial fishing, shipping, boat or ship           water column over such lands, which have been set
                                 construction, repair, and sales.                             aside to be maintained in in essentially natural or
                                    (11) "Department" means the State or Florida              existing condition of indigenous flora and fauna and
                                 Department of Natural Resources, as administrator            their supporting habitat and the natural scenic
                                 for the board.                                               qualities and amenities thereof.
                                    (12) "Division" means the Division of State                    (23) "Private residential single dock" means a
                                 Lands, which performs all staff duties and functions         dock which is used for private, recreational or
                                 related to the administration of lands title to which        leisure purposes for a single family residence.
                                 is, or will be, vested in the board, pursuant to section     cottage or other such single dwelling unit and which
                                 253.OO2, F.S.                                                is designed to moor no more than two boats.
                                    (13) "Dock" means a fixed or floating structure.               (24) "Private residentiail multi-slip dock" means
                                 including moorings, used for the purpose of                  a docking facility which is used for private
                                 berthing buoyant vessels either temporarily or               recreational or leisure purposes for multi-unit
                                 indefinitely.                                                residential dwellings which shall include but is not
                                    (14) "Essentially natural condition" means                limited to condominiums, townhouses, subdivisions
                                 those functions which support the continued                  and other such dwellings or residential areas and
                                 existence or encourage the restoration of the diverse        which is designed to moor three or more boats.
                                 population of indigenous life forms and habitats to          Yacht      clubs     associated    with      residential
                                 the extent they existed prior to the significant             developments, whose memberships for utilization of
                                 development adjacent to and within the preserve.             the docking facility-requires some real property
                                    (15) "Extreme hardship" means a significant               interest in the residential area, shall also be
                                 burden, unique to the applicant and not shared by            included.
                                 property owners in the area. Self-imposed                         (25) "Public interest" means demonsirable
                                 circumstances caused to any degree by actions of any         environmental, social, and economic benefits which
                                 person subsequent to the enactment of the Act shall          would accrue to the public at large as a result of a
                                 not be construed as in extreme hardship. Extreme             proposed action, and which would clearly exceed all
                                 hardship under this act shall not be construed to            demonstrable environmental, social, and economic
                                 include any hardship which arises in whole or in             costs of the proposed action. In determining the
                                 part from the effect of other federal, state or local        public interest in a request for use, sale, lease, or
                                 laws, ordinances, rules or regulations. The term             transfer of interest in sovereignty lands or severance
                                 may be inherent in public projects which are shown           of materials from sovereignty lands, the board shall
                                 to be a public necessity.                                    consider the ultimate project) and purpose to be
                                  (16) "Fill" means materials from any source,                served by said use, sale, lease. or transfer of lands or
                                 deposited by any means onto sovereignty lands,               materials.
                                                                                                 (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 requaired for the protection of the
                                 accordance with specific terms set forth in writing.         health and safety of the public, consistent with the
                                    (18) "Marina" means a small craft harbor                  Act and these rules, for which no other reasonable
                                 complex used primarily for recreation.                       alternative exists.
                                    (19) "Oil and gas transportation facilities"                   (28) "Public Utilities" means those services,
                                 means those structures necessary for the movement             provided by persons regulated by the Public Service
                                 of oil and gas from the production site 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 either         nenecessary for the provision of these services.
                                 associations and combinations, whet her public or                  (29) "Quality of the preserve" means the degree
                                 private, including governmental entities.                      of the biological, aestetic 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 manaqement agreement" means
                                 preserve. A pier shall not include a dock.                     a contractual agreement between the board and one

                                                                                           86
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                                     V.9, p. 692-2S                                                                                                                  (R. 3/87)
                                                                                  FLORIDA AQUATIC PRESERVES                                                     18-20.004

                                     or more parties which does not create an interest in            		water and where the use of the water or sovereignty
                                     real property but merely authorizes conduct of                         lands is an integral part of the activity.
                                     certain management activities on lands held by the                     Specific Authority  258.43(1)  FS. Law Implemented 258.37, 
 		                             board.                                                             258.43 (1) FS History - New 2-25-81. Amended 6-7-8   						                                                                         (31) "Resource Protection Area (RPA) I" -                           Formerly 16Q-20.02, Transferred from 16Q-20.003.
                                     Areas within the aquatic preserves which have                 		
                                     resources of the highest quality and condition for                      18-20.004 Management Policies, Standards
                                     that area. These resources may include, but are not                    and Criteria. The following management policies,
                                     limited to corals; marine grassbeds; mangrove                          standards and criteria are supplemental to Chapter
                                     swamps; salt-water marsh; oyster bars;      			 		18-21, Florida Administrative Code (Sovereignty
                                     archaeological and historical sites; endangered or                     Submerged Lands Management) and shall be
                                     threatened species habitat; and, colonial water bird                   utilized in determining whether to approve.
                                     nesting sites.                                                         approve with conditions or modifications or deny all
                                        (32) "Resource Protection Area 2" - Areas       				requests for activities on sovereignty lands in
                                     within the aquatic preserves which art in transition                   aquatic preserves.
                                     with either declining resource protection area 1                          (1) GENERAL PROPRIETARY
                                     resources or new pioneering resources within          			   (a) In determining whether to appprove or deny
                                     resource protection area 3.                                            any request the Board will evaluate each on a
                                        (33) "Resource Protection Area 3" - Areas                           case-by-case basis and weigh any factors relevant
                                     within the aquatic preserve that are characterized                     under Chapter 253 and/or 258, Florida Statutes.
                                     by the absence of any significant natural resource                     The Board, acting as Trustees  for all state-owned
                                     attributes.                                                            lands, reserves the right to approve, modify or reject
                                        (34) "Riparian rights" means those rights                           any proposal.
                                     incident to lands bordering upon navigable waters,                        (b) There shall be no further sale, lease or
                                     as recognized by the courts of this state and common                   transfer of sovereignty lands except when such sale,
                                     laws.                                                                  lease or transfer is in the public interest (see Section
                                        (35) "Sale" means a conveyance or interest in                     	18-20.004(2) Public Interest Assessment Criteria).
                                     lands, by the board, for consideration.                                  (c) There shall be no construction of seawalls
                                        (36) "Scientific values" means the preservation                     waterward of the mean or ordinary high water line.
                                     and promotion of certain qualities or features which                  	or filling waterward of the mean or ordinary high
                                                                                                                                                       
                                     have scientific significance.                                          water line except in the case of public road and 
                                        (37) "Shore protection structure" means a type                      bridge projects where no reasonable alternative
                                     of coastal construction designed to minimize the rate                  exists.
                                     of erosion. Coastal construction includes any work                        (d)  Them shall, in no case, be any dredging
                                     or activity which is likely to have a material physical                waterward of the mean or ordinary high waterline
                                     effect on existing coastal conditions or natural shore                 for the sole or primary purpose of providing fill for
                                     processes.                                                             any area landward of the mean or ordinary high
                                        (38) "Sovereignty lands" means those lands                          water line.
                                     including, but not limited to: tidal lands, islands,                      (e) A lease, casement or consent of use may be
                                     sandbars, shallow banks, and lands waterward of                        authorized only for the following activities:
                                     the ordinary or mean highwater line, to which the                         1. a public navigation project;
                                     State of Florida acquired title on March 3, 1845, by                      2. maintenance of an existing navigational
                                     virtue of statehood, and of which it has not since                    channel;
                                     divested its title interest. For the purposes or this                     3. installation or maintenance of approved
                                     rule sovereignty lands shall include all submerged                     navigational aids;
                                     lands within the boundaries of the preserve, title to	           4. creation or maintenance of  a
                                     which is held by the board.                                            commercial/industrial dock, pier or a marina;
                                        (39) "Spoil" means materials dredged from                              5. creation or maintenance of private docks for
                                     soverignty lands which am redeposited or                             reasonable ingress and egress of riparian owners;
                                     discarded by any means, onto either sovereignty	                   6. minimum dredging for navigation channels
                                     lands or uplands.                                                      	attendant to docking facilities;
                                        (40) "Transfer" means the act of the board by                          7. ccreation or maintenance of a shore protection
                                     which any interest in lands, including easements,		             structure;
                                     other than sale or lease, is conveyed.                             8. installation or maintenance of oil and gas
                                        (41) "Utility  of the preserve" means fitness of		        transportation facilities;
                                     the preserve for the present and future enjoyment of			      9. cration, maintenance, replacement or
                                     its biological, aesthetic and scientific values, in an 	  expansion of facilities required for the provision of
                                     essentially natural condition.                                         	public utilities; and
                                        (42) "Water dependent activity" means an                               10.other activities which are a public necessity
                                     activity which can only be conducted on, in, over, or                  	or which are necessary to enhance the quality or
                                     adjacent to, water areas because the activity            utility of the preserve and which are consistent with
                                     requires direct access to the water body or                            	the act and, this chapter.
                                     sovereignty lands for transportation, recreation,         (1) For activities listed  in  paragraphs
                                     ennergy production or transmission, or source of                18-20.004(1)(e)1.- 10. above, the activity shall be

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

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






                                                                                                                                       (R. 9/88)
                                V. 9, p. 692-2U                      FLORIDA AQUATIC PRESERVES                                             18-20.O04

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

                                                                                       89
 








                                      (R.9/38)
                                      18-20.006                           INTERNAL IMPROVEMENT TRUST FUND                                  v.9,p.G92-2V

                                         2. docking facilities and access channels shall be          Cockroach Bay,                 April 21, 1997
                                      prohibited in Resource Protection Area I or 2,                 Estero Bay                    	September 6,1993
                                      except as allowed pursuant to Sections                        Charlotte Harbor
                                      258.42(3)(e)1., Florida Statutes, while dredging in                (Cape Haze,
                                      Resource Protection Area 3 shall be strongly                    Gasparilla
                                      discouraged;                                                    Sound-Charlotte
                                         3. the docking facilities shall not be located in            Harbor, Matlacha
                                      Resource Protection Area 1 or 2; however, main                  Pass and Pint Island
                                      access docks may be allowed to pass through				Sound)				May 18,1983	
                                    Resource protection area 1 or 2, that are located               Indian River-Malabar									Sound)       1
                                      along the shortline, to reach an acceptable Resource            to Vera beach                January 21,1986
                                      Protection Area 3, provided that such crossing will			Indian River Lagoon
                                      generate minimal environmental impact;                          (Vero Beach to Fort
                                         4. beginning July 1, 1986 new docking facilities            Pierce and Jensen 
                                     may obtain a lease only where the local governments             Beach to Jupiter
                                      have an adopted marina plan and/or policies                     Inlet)
                                     
                                      dealing with the siting or commercial /industrial             Loxahatchee
                                      and private, residential, muiti-slip docking facilities         River-Lake Worth
                                      in their local government comprehensive plan;                   Creek                        June 12,1984
                                         5. the siting of the docking facilities shall also         Nassau River-St
                                      take into account the access of the boat traffic to            Johns River Marshes
                                      avoid marine grassbeds or other aquatic resources in        and Fort Clinch
                                      the surrounding areas;                                         State Park                   April 22,1986
                                         6. the siting of new facilities within the preserve       North Fork of the St.
                                      shall be secondary to the expansions of existing                Lucie River                  May 22,1984
                                      facilities within the preserve when such expansion            St Joseph Bay                	June 2,1987
                                      is consistent with the other standards;                       St. Martins Marsh              September 9,1987
                                         7. the location of new facilities and expansion of         Term Ceia                      April 21,1967
                                      existing facilities shall consider the use of upland          Weckiva River                   August 25,1987
                                      dry storage as an alternative to multiple wet-slip            Specific Authority 258.43(1)FS.Law Implemented                                      docking;                                                     
                                         8. marina siting will be coordinated with local            258.41.4l,258.42, 258.43(1),258.44 FS.History-New
                                      governments to insure consistency with all local              
                                      plans and ordinances;                                            18-20.005 8Ubc., 2Wcs, I @ubcs or Transfer of
                                         9. marinas shall not be sited within state                 I,tercs" in Lands, or hiateriaLs., Held by the
                                      designated manatee sanctuaries; and                           Board.
                                         10. in any areas with known manatee                        Spefic Authority 238.4(1) 8n. Law Jrnpiernenced
                                      concentrations, manatee warning/notice and/or                 253.0_1 253.12. 258.42 FS. HissafNcZ-25-91.
                                      speed limit signs shall be erected at the marina              AcPzied 0&71-85. FannerlY 16Q.20.05    Transrred from
                                      and/or ingress and egress channels, according to              16Q-20-005-
                                      Florida Marine Patrol specifications.                           18-20.006 Cumulabt;ve ImpacLs. In evaluating
                                         (e) Exceptions to the standards and criteria               applications for activities within the procvcs or
                                      listed in Rule 16-20.004(5). Florida Administrative           which may impact the preserves, the department
                                      Code, may be considered, but only upon                        recnizes th. while a particular alteration of the
                                      demonstration by the applicant that such exceptions                                                                   the
                                                                                                    preserve may constitute a minor change.
                                      are necessary to insure reasonable riparian ingress           cumulative cffect of nunxious such changes often
                                      and egress.                                                   results in major imparTncnts to the m-sour-qms of the
                                         (6) MANAGEMENT AGREEMENTS                                  preserve. Therefore, :he department shall evaluate
                                         The board may enter into management                        a particular  ite for which the activity is proposed
                                      agreements with local agencies for the      ith the recognition that the activity may, in
                                      administration and enforcement of standards and                w
                                      criteria for private residential single docks.              conjunction with other activities adversely,afia the
                                         (7) In addition to the policies, standards and         preserve which is pan of a complete and interrelated
                                                                                                    svstcqm. The impact or a proposed activity shall be
                                      criteria delineated in subsections (1) through              considered in light or its cumulative 0i8qmnact an the
                                      (6).the provisions of the following management plans              preserve's natural system. The d00q"n'ment shall
                                      apply to specific aquatic preserves and are                    include as a part of its evaluation of an activity:
                                      incorporated herein by reference. Where regulatory               (1) The number. and extent or similar hum'an
                                      criteria in 18-20, F.A.C., may differ with specific           nioni    .thin the preserve which have 0prrvioush,
                                      policies in the management plans listed herein, the
                                      general rule criteria shall prevail.                           6q:1q74qfected28wr a8m likely to affect the prqeservt, whether
                                                                                                    considered by the department under its current
                                                                      Date Adopted                  authority or 'which existed prior to or since the
                                      Alligator Harbor               September 23,1986       enactment of the Act; and
                                      Banana River                   September 17,1985           (2) The similar activities within the prewrve


                                                                                     90






                                                                                                                          (R.9/88)
                                          V.9, p.692-2W                           FLORIDA AQUATIC PRESERVES                18-20.012                                                                          which are currently under consideration by the                   aquatic presrve system, subject in confirmation by
                                          which are currently under consideration by the                   aquatic preserve system, subject to confirmation by
                                          department; and                                                  the legislature.                                           
                                              (3) Direct and indirect effects upon the preserve               (2) The board may, after public notice and
                                          and adjacent preserves, if applicable, which may                 public hearing in the county or counties in which the
                                          reasonably be expected to result from the activity;              proposed expanded or new preserve is to be located,
                                          and                                                              adopt a resolution formally setting aside such areas
                                              (4) The extent 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 to be included.
                                          permissible within the preserve in accordance with               A map depicting the legal description shall also be
                                          comprehensive plans adopted by affected local                    attached.
                                          governments, pursuant to section 163.3161, F.S..                    (b) The designation or the type of aquatic
                                          and other applicable plans adopted by local, state,              preseve.
                                          and federal governmental agencies;                                  (c) A general statement of what is sought to be
                                              (6) The extent to which the loss of 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 to which mitigation measures                  and directives of this chapter. 
                                          may compensate for adverse impacts.                                 (e) A directive to develop a natural resource
                                          Specific Authority 256.43(1 FS Law Implemented                   inventory and a management plan for the area being
                                          256.36, 256.4.3,256.44 FS History - New 2.25.81.                 established as an aquatic preserve.
                                          Formerly 16Q.20.00. Transferred from 16Q.200.006.                   (4) Within 30 days of the designation and
                                                                                                           establishment of an aquatic preserve, the board
                                            18-20.007  Protection of Risparian Rights.
                                         Specific Authority 258.4.3(1) FS Law Implemented                  shall record in the public records of the county or
                                         258.123.258.124(8). 256.44 FS History - New 2.25.81,              counties in which the preserve is located a legal
                                         Repealed 6-7.85, Formerly 16Q.20.07, Transferred from             description of the preserve.
                                         16Q.20.007.                                                       Specific Authority 258.43(l) FS Law Implemented                                                                                                           Z

 
                                         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
                                         thereto 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 of
                                         designated aquatic preserve boundaries or adjacent                the preserve.
                                         thereto, and which are in private ownership, may be               Specific Authority 258.43(l) FS Law Implemented
                                         included in an aquatic preserve upon specific                     256.41(f), 258.42(1) FS History - New 2.25.81,                                             
                                         authorization for inclusion by an appropriate                     Formerly 16A.20.10, Transferred from 16Q.20.010.
                                         instrument in writing executed by the owner.                           18.20.011  Gifts 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 lease. Such lease shall            in lands within or contiguous to the preserve to
                                         contain the following conditions:                                 maintain or enhance the quality and utility of the
                                              (a) The term of the lease shall be for a minimum             preserve.
                                         period of ten years.                                              
                                                                                                          Spefific Authority 256.43(1) FS Law Implemented                                          (b) The bu
                                              (b) The board shall have the power and duty to              256.42(5) FS History - New 2.25.81, 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               
                                         lease if the termination is in the best interest of the              18.20.012 Protection of Indigenous LIfe
                                         aquatic preserve system and shall have the power to               Forms.  The taking of indigenous life forms for sale
                                         include such lands in any agreement for                           prohitition shall not extend to the commercial                                       or commercial use is p

                                         management of such lands.                                         taking of fin fishcurstacea or mollusks, except as
                                              (c) The board shall pay no more than $1 per year             prohibited under applicable laws, rules or
                                         for any such lease.                                               regulations.  Members of 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                 statutory and regulatory provisions controlling such
                                         16Q.20.06, Transferred from 16Q.20.008.                           activities.
 	
                                               18.20.009  Estatlishment or Expansion of                    Specific Authority 258.43(1) FS Law Implemented
                                         Aquatic Preserves.                                                256.43(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      
                      
                 

                                                                  91

                                  







                                       (R.9/88)
                                       18-20.017                         INTERNAL IMPROVEMENT TRUST FUND             V.9,p.692.2X

                                          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 18.20.001
                                       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 inventory and management                Lak Jackson Aquatic Preserve. If any provisions of
                                       plan for each preserve.                                       this Rule are in conflict with any provisions of Rules
                                          (2) The division may Perform the work to                   18.20.001 through 18.20.106 or Chapter 73-534,                                                                        develop the inventories and plans, or may enter into          Laws of Florida, the stornger 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                                                sovereignty lands in the preserve shall be approved
                                       Specific Authority 258.43(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
                                                                                                     showing of extreme hardship on the part of the
                                       Amended 8.7.85, Formerly 16Q.20.13, Transferred from          applicant or when the board shall determine such
                                       16Q.20.013.                                                   sale, transfer or lease to be in the public interest.
                                                                                                         (2) No further dredging or filling of sovereignty
                                           18.20.014  Enforcement.  The rules shall be               lands of the preserve shall be approved or tolerated
                                       enforced as provided in Section 258.46.                       by the Board or Trustees except:
                                       Specific Authority 258.43(1) FS Law Implemented                   (a) Such minimum dredging and spilling as may
                                       258.46 FS History - New 2.25.81, Formerly 16Q.20.14.          be authorized for public navigation projects or for                                                                     Transferred from 16Q.20.014.                                  intent or Chapter 73.534, Laws or Florida; and
                                                                                            .        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, Repeated 6.7.85.             as may be necesary 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
                                       Government Agencies.  Whre a Department                       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 Envionmental                    (4) The board shall not approve the relocations
                                       Regulation permit application and the biological              of bulkhead lines within the preserve.
                                       survey. The information contained in the joint                    (5) Not withstanding tither provisions of this act,
                                       permit application and biological assessment shall            the board may, respecting lands lying within the
                                       be considered by the department in preparing its              Lake Jackson basin:
                                       staff recommendations to the board. The board may                 (a) Enter into agreements for and establish lines
                                       also consider the reports of other governmental               delineating soveregnty and privately owned lands;
                                       agencies that have related management or                          (b) Enter into agreements for the exchange and
                                       permitting responsibilities regarding the proposed            exchange sovereignty lands for privately owned
                                       activity.                                                     lands;
                                       Specific Authority 253.43(1) FS Law Implemented                   (c) Accept gifts of land within or contiguous to
                                       258.43 FS History - New 2.25.B1, Formerly 16Q.20.16,          the prserve.                        
                                       Transferred from 16Q.20.016.                                  Specific Autority 258.39(26) FS Law Implemented
                                                                                                     258.39(26).256.43 FS History - New 6.7.85. Formerly
                                                                                                     16Q.20.017, Transferred from 16Q.20.017.













                                                                                           92
 






                                           APPENDIX B





          MEAN VALUES OF WATER QUALITY PARAMETERS MONITORED AT UPPER ROCKY
          BAYOU SAMPLE STATION, SEPTEMBER 1985             AUGUST 1986 (LIVINGSTON,
                                              1986).



                                 MEAN         MEAN          RANGE          RANGE
                                 SURFACE      BOTTOM        SURFACE          BOTTOM



          TEMPERATURE (-C)       23.1         22.8,         10.8-31.0        13.0-31.5

          SALINITY (PPT)         8.3          20.5          0.0-16.8         12.0-28.2

          DISSOLVED 02 (PPM)     7.7          5.0           6.3-9.6          1.2-7.9

          pH                     7.3          7.9           5.4-8.1          7.7-8.1

          TURBIDITY (NTU)        2.8          3.8           1.0-10.0         2.0-10.0

          COLOR (PT-COU)         56.7         36.4          10-180           15-70


          FECAL COLIFORM
          (COUNT/100mL)          42.0         0.0           0-500            0.0

          TOTAL COLIFORM
          (COUNT/100mL)          1222         46.0          0.0-13000        0.0-200

          CHEMICAL OXYffN
          DEMAND (mg/m           97.0         114           0-275            25-190

          AMMONIA (mg/L)         0.072        0.073         0.007-0.670      0.007-0.581

          NITRITE (mg/L)         0.007        0.009         0.0-0.021        0.0-0.021

          NITRATE (mg/L)         0.085        0.075         0.016-0.576      0.023-0.434

          TKN (mg/L)             0.482        0.867         0.203-1.111      0.357-1.258

          TOTAL NITROGEN
             (mg/L)              0.592        0.924         0.309-1.191      0.479-1.296

          ORTHO-PHOSPHATE
             (mg/L)              0.002        0.002         0.001-0.003      0.001-0.005

          TOTAL PHOSPHATE
             (mg/L)              0.009        0.011         0.001-0.032      0.001-0.044

          P:N                    0.018        0.023         0.002-0.072      0.001-0.0  90









                                                93






















































































                                                             94



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        iliustration provided by:                                      95
        IFAS, Center for Aquatic -Plants
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