Rocky Bayou Aquatic Preserve management plan adopted December 17, 1991

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

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.

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.

- -------

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AQUATIC @[3 L .-IJIT.
PRESERVES _K@
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CHARLOTY9

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

NIC ILLE
9 3tlw
10 01
cc m

VAL
AISO
Rocky .......

17
FRED GANNON
13
13 06 ROCKY BAYOU 14
STATE PA

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24
24 0 0
22 93 -1, 11
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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

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

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.

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;

(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

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

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.

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

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

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).

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

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.

0000MMM Mom

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

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.

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.

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

(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,

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

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

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.

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

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

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

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 ----

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

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.

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

Niceville

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

ROCKY BAYOU

0 1000

FEET

PUDDIN
hesidential HEAD LAKE

Govemment

Mixed Use

State Park

FIGURE 4: Adjacent Land Use Map

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.

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.

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;

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:

"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

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.

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.

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.

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.

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).

Nicoville

-.%ROCKY

t.0

0 1000

FEET

PUDDIN
PRI HEAD LAKE

SF1

SF2

owl

FIGURE 5: Management Areas

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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:

� 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

� 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

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

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.

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.

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

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

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.

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.

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

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.

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

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

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.

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.

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.

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

(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.

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.

(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

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

(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;

(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

(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

(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.

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

vallisneria americana
AP '.N_D:EX C Tapegrass

iliustration provided by: 95
IFAS, Center for Aquatic -Plants
University of Florida, Gainesville,* 1990

Scirpus califomicus
Giant bulrush

iLlusiration provided by:
IFAS, Center for Aquatic Plants 96
University of Florida, Gainesville, 1990.

Phrqgmites mstraUs
Common reed

'A.

'K.

V,
'A t1l,

illustration provided by.
IFAS, Center for Aquatic Plants
University of Florida, GainesvWe, 1990 97

Soft rush

7::

diu-stration provided by.
IFAS, Center for Aquatic Plant@
University of Florida, Gainesville, 1990 98

1111110,11
3 66- 66 R8 1 A 1 , U-R53
'A