St. Joseph Bay Aquatic Preserve Management Plan

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

DRAFT

ST. JOSEPH BAY AQUATIC PRESERVE

MANAGEMENT PLAN

DECEMBER 1986

Dr. Elton J. Gissendanner

Executive Director

Department of Natural Resources

This plan was prepared by
The Bureau of Land and Aquatic Resource Management
Division of Recreation and Parks

Preparation of this management plan was primarily supported by a grant from
the U.S. Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration, and the Florida Department of Environmental
Regulation, the Office of Coastal Management, through the Coastal Zone
Management Act of 1972 as amended.

QH
90.75
16
S25
1986

TABLE OF CONTENTS

Chapter Page

1. INTRODUCTION ........................................ 1

Ii. MANAGEMENT AUTHORITY ................................ 7

III. MAJOR PROGRAM POLICY DIRECTIVES ..................... 17

IV. RESOURCE DESCRIPTION ................................ 21

1. Resource Setting ............................... '>1

A. Historic Notes ............................ 21

B. Archaeological/Historical Sites ........... 23

C. Present Population Characteristics ........ 23

D. Ec onomic Development Issues in Coastal
Gulf County ................................ 26

E. Coastal Area Land Use and Infrastructure ... 31

2. Natural Systems and Their Components ............ 36

A. The Components of Barrier Structures --o 36

B. Salt Marshes, Tidal Flats, and Islands ..... 38

C. Marine Environment of St. Joseph Bay ....... 40

D. Seagrasses ................................. 42

E. Wildlife ................................... 44

F. Species Classifications .................... 46

G. Summary of Natural Systems ................. 47

V. RESOURCE MANAGEMENT .................................. 49

A. Introduction .................................... 49

B. Onsite Management Objectives .................... 49

C. Resource Mapping and Resource Protection Areas ... 70

D. Administrative Management Objectives ............ 72

Vi. MANAGEMENT IMPLEMENTATION NETWORK .................... 81

A. Federal ......................................... 81

B. State ........................................... 84

C. Regional ........................................ 90

D. Local Governments and Special Districts ......... 92

Eo Other Entities .................................. 94

VII. PUBLIC USES ............... o .......................... 96

A. Consumptive Uses ................................ 96

B. Non-Consumptive Uses ............................ 97

VIII. PRIVATE NON-COMMERCIAL USES .......................... 98

Ix. COMMERCIAL USES ................................ o ..... 101

A. Traditional Commercial Uses ..................... 101

B. Non-Traditional Commercial Uses ................. 103

X. SCIENTIFIC RESEARCH ........... o............... o ...... 104

X1. ENVIRONMENTAL EDUCATION ............................ o. 105

XII. IDENTIFIED PROGRAM NEEDS ................. o ........... 107

A. Acquisition of Additional Property ............. o 108

B. Boundary Problems and Systems Insufficiencies o... 109

C. Legislative Needs ................................ 109

D. Administrative Rule Changes ..................... 109

E. Data (Information) Needs ................ o ....... 110

F. Resource Protection and Enforcement Capabilities .. 110

G. Funding and Staffing Needs ...................... ill

BIBLIOGRAPHY ................................................... 112

CONTENTS OF APPENDICES ......................................... 120

Chapter I

INTRODUCTION

This plan addresses the management of the St. Joseph Bay Aquatic Preserve

located on the southwest coast of Gulf County in northwest Florida. This

aquatic preserve is one of 39 officially designated preserves in the statewide

system (Figure 1).

St. Joseph Bay Aquatic Preserve is bounded on the outside by water and on the

inside by the St. Joseph Peninsula (Figure 2). The community of Port St. Joe

lies on the nearby mainland. The Preserve includes most of the actual Bay

bottom or submerged land below the mean high water line, except for a strip

along the eastern shore, six inholdings along the south and west shores, and

the area north of and including the navigation channel. It also includes open

Gulf waters extending out three miles all along the length of St. Joseph

Peninsula. Thus, the area within the boundary, approximately 74,000 acres,

encompasses open Gulf waters, intertidal beach zone, both deep and shallow bay

waters, intertidal muds flat and salt marsh rim.

The shallow Bay waters are of particular interest because of the relatively

high water quality and extensive seagrass beds which provide prime habitat for

marine life, including several species of commercial and recreational

importance. The coastal barrier and salt marsh communities are also important

centers of wildlife activity.

-16

AQUATIC
PRESERVES

17-

L.'r-

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

FOR MORE INrORMATION REGARDING
AOUATIC PRESERVES CONTACT:

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF RECREATION AND PARKS

BUREAUOF LAND AND AOUATIC
RESOURCE MANAGEMENT

3900 COmmONWEALTh BLVD c4
TALLAHASSEE, F LOA IDA 323D3
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ST JOSEPH BAY AGUATIC PRESERVE
(AOUATIC PRESERVE. NO.17)
CAPE sLas
GULF COUNrY. FLORIDA
CREATED my

STATE Or FLORIDA BOARD OF
-PEPARED BY CA. $tWOX 0.5 0 2 TRUSTEES Or THE INTERNAL WXPROVMENT TRUST FUND
BUREAU 01 HISTORICAL AND - - OCTOBER 21,1969
E@A?O-WKTAL LAND MANAGEMENT SCALEIN MILES RESOLLrr ION ADOPTED OCTOBER 26.t"P

Figure 2.

The climate in Gulf County is transitional like much of northwest Florida.

The subtropical climate of peninsular Florida blends with the temporate

climate of the southeastern United States. Average rainfall is about 57

inches per year and the mean monthly temperature ranges from 53.0 degrees

Farhenheit in January to 81.4 degrees Fahrenheit in July.

South Gulf County has traditionally been a slow growth area, but coastal

development has accelerated rapidly in the 1980's in a largely unplanned

fashion, and the potential that exists for high density development is in

portions of the peninsula south of the St. Joseph Peninsula State Park.

Stormwater runoff from developed areas and septic tank leachate represent a

potential threat to the water quality of the lower bay. Other concerns stem

from the discharges and runoffs from the industrial area north of Port St.

Joe, the level of use of the navigation channel, and possible damage to the

seagrass beds from commercial shellfishing operations and recreational

boating.

The St. Joseph Aquat ic Preserve is designated and will be managed as both an

aquatic preserve and an Outstanding Florida Water. The waters of the aquatic

preserve are classified as Class II (shellfish propagation or harvesting) by

the DER. DNR classifies the Bay as an Approved Shellfish Harvesting Area,

while the rest of the aquatic preserve is Unclassified. The boundary line of

Figure 2 represents the gross boundary of the aquatic preserve. The actual

preserve includes those sovereignty submerged lands located waterward of the

mean high water line within this boundary area. This aquatic preserve will be

managed to emphasize maintenance and enhancement of the existing conditions.

As more site specific information becomes available, essentially natural

conditions shall be identified and resources in disturbed areas restored to

that condition where possible.

Due to the current limitation of permanent onsite staff resources, the initial

management program described in this plan will be limited in the scope of

operations. However, the program will fill the minimum need for active

management in the preserve and should provide the framework for future program

growth. The administrative support for this management program will be

provided by the Department of Natural Resources, Division of Recreation and

Park's, Bureau of Land and Aquatic Resource Management (BLARM) in Tallahassee,

known as the "central office". Field personnel support and assistance will be

provided through the Florida Park Service, Division of Marine Resources and

the BLARM staff.

Initially, development of the resource inventory will be heavily dependent on

LANDSAT satellite imagery, DOT aerial photography, and existing scientific and

other literature. As the program proceeds and a full-time and on-site manager

is hired, the experience and additional resource information will likely

result in modifications to the program and plan, which are both designed to

accommodate such changes, or at least identify areas needing improvement.

This plan is divided into chapters according to their management application.

Chapter II cites the authorities upon which this management program and plan

are built. Chapter III (Major Program Policy Directives) highlights the major

policy areas set forth by this plan. Chapter IV presents a brief resource

description.

Chapter V presents the management objectives of both the on-site managers, who

actually work in the preserve, and the administrative staff in Tallahassee.

Chapter VI addresses how this plan will interface with local, regional, state,

and federal agencies and programs; as well as its relevance to.non-government

organizations, interest groups, and individuals.

Chapters VII through IX address the various uses, from public to private to

commercial. Chapters X and XI address the use of the aquatic preserve for

scientific research and environmental education, respectively.

Chapter XII is an internal management improvement section identifying problems

and needs in the progressive improvement of this aquatic preserve management

plan.

This plan was written by the Department of Natural Resources (DNR), Division

of Recreation and Parks, Bureau of Land and Aquatic Resource Management staff.

Funding for the plan was provided by a coastal management grant (CM-130)

through the U.S. Department of Commerce's National Oceanic and Atmospheric

Administration, Office of Ocean and Coastal Resource Management, and the

Florida Department of Environmental Regulation (DER), Office of Coastal

Management.

Chapter II

MANAGEMENT AUTHORITY

The primary management authorities available to the staff for implementing

policy directives affecting aquatic preserves are found in Chapters 258 and

253, Florida Statutes (F.S.). These authorities clearly establish the

proprietary management overview role of the Governor and Cabinet, sitting as

the Board of Trustees of the Internal Improvement Trust Fund and are variously

referred to as the "Trustees" or the "Board". Furthermore, all management

responsibilities assigned to the Trustees by this plan may be fulfilled

directly by the Governor and Cabinet or indirectly via staff or agents of the

Trustees, pursuant to delegations of authority, management agreements, or

other legal mechanisms. All subsequent references to the Board or Trustees

should be presumed to potentially include staff and designated agents, in

addition to the Governor and Cabinet. The staff of the Bureau of Land and

Aquatic Resource Management (acting as "agents" for the Trustees) will review

all requests for uses of state-owned sovereignty submerged lands within

aquatic preserves. The review and subsequent staff comments are primarily

designed to evaluate the environmental consequences of any proposed use of

state-owned submerged land. The review is conducted within the confines of

the criteria contained in the "maintenance" provisions for aquatic preserves

in Chapter 258, F.S.

Formal review comments are provided to the Department of Natural Resources

(DNR), Division of State Lands by the Bureau of Land and Aquatic Resource

Management for inclusion in the comments and recommendations accompanying

agenda items for Trustees consideration. This mechanism allows the Trustees,

sitting as owners of the land, to evaluate public interest and project merits

within the context of environmental impact upon the preserve.

BACKGROUND

In many respects, the authorities supporting aquatic preserve planning and

management are the cumulative result of the public's awareness of the

importance of Florida's environment. The establishment of the present system

of aquatic preserves is a direct outgrowth of public concern with dredge and

fill activities rampant in the late 1960's.

In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws

of Florida), which set up procedures regulating previously unrestricted dredge

and fill activities on state-owned submerged lands. That same year the

Legislature also provided statutory authority (Section 253.03, F.S.) for the

Trustees to exercise proprietary control over state-owned lands. In 1967,

this governmental focus on protecting Florida's productive estuaries from the

impacts of development led to the establishment of a moratorium by the

Governor and Cabinet on the sale of submerged lands to private interests. In

that same year, this action was followed by the creation of an Interagency

Advisory Committee on submerged lands management. In late 1968, that

Committee issued a report recommending the establishment of a series of

aquatic preserves. Twenty-six separate waterbodies were addressed in the

original recommendation.

Also in 1968, the Florida Constitution was revised, declaring in Article II,

Section 7, the State's policy oil conserving and protecting the natural

resources and scenic beauty of the state. That constitutional provision also

established the authority for the Legislature to enact measures for the

abatement of air and water pollution.

It was not until October 21, 1969 that the Governor and Cabinet acted upon the

recommendations of the Interagency Advisory Committee and adopted, by resolu-

tion, 18 of the waterbodies as aquatic preserves, including the St. Joseph Bay

Aquatic Preserve.

Prior to the October 1969 action by the Governor and Cabinet, the Legislature

had created the Boca Ciega Aquatic Preserve. Subsequent Legislative action in

1972, 1973, and 1974, created the Pinellas County, Lake Jackson and Biscayne

Bay Aquatic Preserves, respectively.

In 1975, the Legislature established a Florida Aquatic Preserve Act (codified
in Chapter 258.35-258.46, F.S.), thereby bringing' all existing preserves under

a standardized set of maintenance criteria. Additional acts were passed

subsequent to the 1975 action, such as the addition of the Cockroach Pay

Aquatic Preserve in 1976 and the Gasparilla Sound--Charlotte Harbor Aquatic

Preserve to the system in 1978.

The Charlotte Harbor Aquatic Preserve Management Plan, approved by the

Trustees on May 18, 1983, was the first management plan for an aquatic

preserve. The following aquatic preserves also have approved plans: Estero

Bay - September 6, 1983; North Fork--St. Lucie - May 22, 1984; Loxahatchee

River--Lake Worth Creek - June 12) 1-084; and Indian River Lagoon - January 22,

1985; Banana River - September 17, 1985; Indian River - Malabar to Vero Beach-

January 21, 1986; Nassau River, St. Johns River Marshes and Fort Clinch State

Park Aquatic Preserves - March 22, 1986.

In June 1985, the Legislature passed S.B. 762 which expanded the boundaries of

the Banana River, Malabar to Vero Beach, Loxahatchee River--Lake Worth Creek,

Wekiva River, and Rookery Bay Aquatic Preserves; and created Guana River Marsh

and Big Bend Seagrasses Aquatic Preserves. Lemon Bay and Rainbow Springs were

added as aquatic preserves by the 1986 Legislature.

The State Lands Management Plan, adopted on March 17, 1981, by the Trustees,

contains specific policies. The Plan also establishes policies concerning

spoil islands, submerged land leases, "Outstanding Native Florida Landscapes",

unique natural features, submerged grassbeds, archaeological and historical

resources, and endangered species. All of these issues provide management

guidance to the aquatic preserve program.

ADMINISTRATIVE RULES

Chapters 18-21 and 18-20, Florida Administrative Code (F.A.C.), are two

administrative rules directly applicable to the DNR's/Trustee's actions

regarding allowable uses of submerged lands, in general, and aquatic preserves

specifically. Chapter 18-21, F.A.C. controls activities conducted on

sovereignty submerged lands, and is predicated upon the provisions of Sections

253.03 and 253.12, F.S. The stated intent of this administrative rule is:

io -

"(1) to aid in fulfilling the trust and fiduciary responsibilities of

the Board of Trustees of the Internal Improvement Trust Fund for the

Administration, management and disposition of sovereignty lands;

(2) to insure maximum benefit and use of sovereignty lands for all the

citizens of Florida;

(3) to manage, protect, and enhance sovereignty lands so that the public

may continue to enjoy traditional uses including, but not limited

to, navigation, fishing, and swimming;

(4). to manage and provide maximum protection for all sovereignty lands,

especially those important to public drinking water supply,

shellfish harvesting, public recreation, and fish and wildlife

propagation and management;

(5) to insure that all public and private activities on sovereignty

lands which generate revenues or exclude traditional public uses

provide just compensation for such privileges; and,

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

Chapter 18-20, F.A.C. addresses the aquatic preserves and derives its

authority from Sections 258.35, 258.37, and 258.38, F.S. The intent of this

rule is contained in Section 18-20.01, F.A.C., which states:

All sovereignty lands within a preserve shall he 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 of the managing agency.

(2) The aquatic preserves which are described in Section 258.39,

258.391, 258.39? and 258.393, F.S., Chapter 85-345, Laws of

Florida and in Section 18-20.02, F.A.C., were established

for the purpose of being preserved in an 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) 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 manage-

ment program;

(b) To protect and enhance the t-,,aters of the preserves so that

the public may continue to enjoy the traditional recrea-

tional uses of those waters such as swimming, boating,

and fishing;

12 -

programs, which are compatible with 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, 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 toward their natural

condition, and discourage activities which would degrade

the aesthetic, biological, or scientific values, or the

quality, or utility of a preserve, when reviewing

applications, or when developing and implementing management

plans for the preserve;

(f) To preserve, promote, and utilize indigenous life forms

and habitats, including but not limited to: sponges,

soft coral, hard coral, submerged grasses, mangroves,

salt water marshes, fresh water marshes, mud flats,

estuarine, aquatic and marine reptiles, game and nongame

fish species, estuarine, aquatic and marine invertebrates,

estuarine, aquatic and marine mammals, birds, shellfish

and mollusks;

1.3 -

(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

preserves.

(h) To maintain those beneficial hydrologic and biologic func-

tions, the benefits of which accrue to the public at large."

OTHER MANAGEMENT AUTHORITIES

Other Department of Natural Resources management authorities applicable to

aquatic preserves include: fisheries and marine mammal management and

protection; beach and shore preservation programs outlined in Chapters 370 and

161, F.S. respectively; and land acquisition programs conducted under the

Conservation and Recreation Lands Program authorized by 253, F.S..

Chapter 403, F.S., is an important adjunct to Chapter's 253 and 258, F.S.

This governs, in part, the State's regulatory programs affecting water quality

and biological resources. The Department of Environmental Regulation (DER),

through a permitting and certification process, administers this program.

Section 253.77, F.S., as amended by the Warren S. Henderson Wetlands

Protection Act of 1984, requires that any person requesting use of State-

owned land shall have approval of the proposed use from the Trustees before

commencing the activity. An interagency agreement between DNR and DER

provides an avenue for staff comments on potential environmental impacts of

projects in aquatic preserves through the DER permitting process. Addition

ally, the DER has designated, by administrative rule, a series of waterbodies

14 -

with stringent use criteria called "Outstanding Florida Waters" (OFW). The

4-
inclusion of all aquatic preserve waters within this classifica@lion greatly

enhances the protective provisions of Chapter 256, F.S. As the designated

11 306" Coastal Zone Management Agency, the DER also provides a source of

funding for data collection and planning in areas such as the St. Joseph Bay

area, as well as being the state agency responsible for implementing the

"federal consistency" provisions of the Federal Coastal Management Act.

The DER's administrative rules of primary significance to the aquatic preserve

management program include Chapters 17-3, 17-4 and 17-12, F.A.C.. These rules

are based upon the authorities contained in Chapter 403, F.S.. Chapter 17-3,

F.A.C. addresses water quality standards and establishes the category of

"Outstanding Florida Waters", while Chapters 17-4 and 17-12, F.A.C. address

permit requirements and dredge and fill activities, respectively.

In December, 1982 a Memorandum of Understanding (MOU) between the DER, DNR,

and the U.S. Army Corps of Engineers (COE) was executed. This MOU clearly

establishes a process whereby the proprietary concerns of the Trustees, stated

in Chapter 253, F.S. can be integrated into the DER/COE joint permit process-

ing system.

Other opportunities for environmental review and input into activities

potentially affecting aquatic preserves are afforded by the Department of

Community Affairs (DCA), and the Department of State, Division of Archives,

History, and Records Management (DAHRM). The Executive Office of the Governor

also provides a mechanism for public input into federal projects via the State

clearinghouse process.

- 15 -

The DCA is statutorilY responsible for administering the "Development of

Regional Impact" (DRI). The DRI program, authorized by Section 380.06, F.S.

was established by the Legislature to provide a review and monitoring pro-

cedure for those development projects potentially affecting more than one

county.

Chapter 267, F.S. establishes the state policy regarding preservation and

management of Florida's archaeological and historical resources. This

responsibility is legislatively assigned to the DAHRM, which holds title to

those cultural resources located on state-owned lands. This also applies to

sovereignty submerged lands, including aquatic preserves.

The Department of Health and Rehabilitative Services, under their public

mandate, administers two programs directly affecting the aquatic preserve

management program. These programs are (1) septic tank regulation, usually

administered by county health departments and (2) arthropod (mosquito) control

programs, usually implemented through local mosquito control districts. Each

of these programs holds the potential for creating significant impacts upon

the aquatic preserves. Establishment of close working relationships between

the aquatic preserve staff and the Department of Health and Rehabilitative

Services will be a necessary element of the aquatic preserves management

program.

Each of the above referenced programs may provide an effective means of

protecting aquatic preserves and their ecologically sensitive resources.

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Chapter III

MAJOR PROGRAM POLICY DIRECTIVES

This plan contains a number of management policy issues that are discussed

either generally or definitively. This section highlights those major policy

areas that comprise the basic thrust of this management effort. Adoption of

these policies will provide specific staff direction for implementing the

day-to-day aquatic preserve management program. Major program policy

directives are:

(A) Manage all submerged lands within the aquatic preserve to ensure the

maintenance of essentially natural conditions to ensure the propagation of

fish and wildlife, and public recreation opportunities.

(B) Prohibit the disturbance of archaeological and historical sites within

the aquatic preserve, unless prior authorization has been obtained from the

Trustees and DAHRM, and such disturbance is part of an approved research

design or authorized project.

aquatic preserve, with an emphasis on those habitat types utilized by

threatened and/or endangered species.

(D) Protect and, where possible, enhance threatened and endangered species

habitat within the aquatic preserve.

1-7 -

(E) Prohibit development activities within the aquatic preserve that adverse-

ly impact upon grassbeds and other valuable submerged habitat, unless a prior

determination has been made by the Board of overriding public importance with

no reasonable alternatives, and adequate mitigation measures are included.

(F) Prohibit the removal of saltmarsh and other natural shoreline vegetation

within the aquatic preserve, except when necessitated by the pursuit of

legally authorized projects and local protection ordinances.

(G) Provide research and educational opportunities for scientists and other

interested researchers within the framework of a planned research program in

the aquatic preserve.

(H) Acquire, where feasible, privately owned submerged lands located within

the boundaries oil the aquatic preserve pursuant to the authorities contained

in Section 253.002(4), F.S.

(I) Prohibit the drilling of oil and gas wells, the mining of minerals, and

dredging for the primary purpose of obtaining upland fill within the aquatic

preserve.

(J) Prohibit non-water dependent uses of submerged lands within the aquatic

preserve except in those cases where the Board has determined that the project

is overwhelmingly in the public interest and no reasonable alternatives exist.

This prohibition shall include floating residential units, as defined in

Section 125.0106(2), F.S.

18 -

(K) Prohibit storage of toxic, radioactive, or other hazardous materials

within the aquatic preserve.

(L) Prohibit those mosquito control practices within the aquatic preserve

that would result in habitat modification or manipulation (i.e. diking,

ditching) unless there are no reasonable alternatives and failure to conduct

such practices would result in a threat to public health.

(M) Limit pesticide and biocide use within the aquatic preserve to those that

are approved by the Environmental Protection Agency (EPA) for wetland and

aquatic application.

(N) Prohibit the construction of new deep water ports within the aquatic

preserve boundaries.

(0) Insure that any artificial reef construction does not adversely impact

environmentally fragile areas within the aquatic preserve and that the

construction will maintain the essentially natural condition while enhancing

the quality and utility of the preserve.

(P) Manage any state-owned spoil islands within the aquatic preserve as bird

rookeries and wildlife habitat areas.

(Q) Encourage public utilization of the aquatic preserve, consistent with the

continued maintenance of its natural values and functions.

(R) Develop a well coordinated aquatic preserve management mechanism. that

recognizes and utilizes local government programs and authorities.

(S) Require, through the efforts of DER and the water management districts,

the maintenance of the naturally high water quality of the estuary and ensure

the natural seasonal flow fluctuations of freshwater into the estuary.

(T) Apply the management criteria contained in the adopted St. Joseph Bay

Aquatic Preserve Management Plan to all subsequent legislative additions of

land to the aquatic preserve.

(U) Encourage the assistance of federal, state, and local government agencies

in implementing the aquatic preserve management plans, especially in the areas

of protection of natural and cultural resources and the enforcement of

applicable resource laws and ordinances.

(V) Prohibit marinas in Class I or 2 Resource Protection Areas.

(W) Identify and document any problems caused by fishing activities and

report them to the Marine Fisheries Commission.

20 -

Chapter IV

RESOURCE DESCRIPTION

Part 1

The Resource Setting
A Profile of the Gulf County Coastal Area

A. Historic Notes

From a geological perspective the St. Joseph Bay area, like much of coastal

Florida, is a recent creation. The fluctuating levels of the world's oceans

caused by the expansion and contraction of the global polar caps during the

ice ages eventually resulted in the emergence from the sea of what we now know

as Florida. In Gulf County there are clear reminders of this emergence;

sediment studies imply that the Bay was once the mouth of the Apalachicola

River, and the linear striations of alternating high and low ground, running

parallel to the Bay shore and visible from the air, are suggestive of beach
depositions made at a time when the Gulf level was much higher (Stewart 1962).

By 10,000 B.C. the Gulf County coast had assumed much of its present form.

The firs t humans in northwest Florida came prior to 9,000 B.C. Originally

nomadic hunters, these Paleo-Indians were able to take advantage of the

abundance of seafood to develop a more sedentary culture of hunters and

gathers. By 1,000 B.C. a distinctive coastal culture known as Deptford had

evolved. The remains of what they gathered may still be found in shell

middens throughout the coastal area of northwest Florida, including several

middens in the vicinity of St. Joseph Bay.

21 -

The Apalachee Indians, were resident in the area when the first Europeans

came. The expedition of Panfilo de Narvaez in 1528 was first, followed by

Hernando de Soto in 1539. Since neither found gold, there was no further

Spanish interest until the early years of the eighteenth century when they

erected a garrison on St. Joseph Bay. By 1722 the difficulties of defending

such a post against both the English and the French led to abandonment, and

for the next 100 years the area was visited only by occasional frontier

traders (Milanich & Fairbanks 1980). By 1821 Florida has passed into the

hands of the United States and was immediately established as a territory with

a capital located in Tallahassee in 1824. During that period a settlement

named St. Joseph was established along the coast at St. Joseph Bay. Although

basically a small fishing and trading village, with overland links to the

Apalachicola River, the Apalachicola valley became increasingly important to

the South's cotton trade. St. Joseph was also briefly the center of the

state's attention in 1838 as the site of a state constitutional convention.

In subsequent years, however, St. Joseph's population was devastated by a

yellow fever epidemic, a hurricane, and the inability to arrange the trade it

sought (Tebeau 1971). Human settlement in the area remaine'd at a subsistence

level until the twentieth century, although the Bay was important during the

Civil War as the location of the Confederate salt works (Florida Department of

State n.d.).

The slow growth in the area is consistent with the fact that Gulf County was

not even created by the Legislature until 1925, one of the last three counties

named in Florida (Stewart 10.62). Wewahitchka, in the north end of the county,

was designated the county seat, a testimony to the relative unimportance of

the new coastal town of Port St. Joe.

22 -

That profile began to change in the 1930's when Ed Ball of Jacksonville,

administrator of the DuPont Trust, arranged for both the excavation of the

Gulf County Canal and construction of a major paper mill. This later led to

port development. Since then the cluster of industrial facilities along or

near the Gulf County Canal has been the mainstay of the County's economy. In

the 1960's, consistent with activity in the south, the county seat was moved

from Wewahitchka to Port St. Joe (Stewart 1962).

B. Archaeological/Historical Sites

The Division of Archives, History , and Records Management of the Department

of State has identified nine archaeological and historic sites in the

immediate coastal area of St. Joseph Bay. They include four shell middens,

three old house or settlement sites, the Confederate salt works, and the Cape

San Blas lighthouse. The salt works is recognized by a historic marker, the

Richardson Hammock shell mound is considered a major site, and the lighthouse

has been nominated for inclusion in the National Register of Historic Places.

The Florida Constitution Museum in Port St. Joe is located in the vicinity of

the original settlement of the nineteenth century town of St. Joseph (Florida

Department of State, unpub. data).

C. Present Population Characteristics

Typical of the counties of Northwest Florida, Gulf County is, with its 11,073

residents, one of the less populated counties of the state (58th of 67 in

11984). It has a low mean population density of 19.8 persons per square mile

(57th among the counties; compared to the state average of 201.8 persons per

square mile). During the 10 year period from 1974 to 1984, it had the second

slowest growth rate in the state (5.5 percent, compared with 29.3 percent for

the state) (Florida Department of Commerce, 1985a). Predictions for the year

2000, set at 11,943 people, suggest that the overall rural orientation will

remain; the small fraction of a percent of the states population living in

Gulf County will diminish from 0.11 percent in 1980 to 0.08 percent by the

year 2000 due to high increases expected elsewhere (Apalachee Regional

Planning Council 1981).

Viewed from a more localized perspective, there are some other demographic

points of interest. First, the principal factor contributing to the slow

growth profile of the County has been the significant out-migration of

residents especially younger, working-age people. Their departure was,

prompted by the shortage of local job opportunities, a point underscored by

the local unemployment rates from 1977 to 1983 which ranged from 8.7 to 15.2

percent. This is substantially above the state average of 6.6 to 8.6 percent

over the same period. A ramification of the exodus of young people is a

population of rising average age. By the year 2000 the percentage of

residents 65 or older will have increased to 17.4 percent from a 1980 figure

of 11.3 percent; this figure is noticeably higher than that of the surrounding

counties (Apalachee Regional Planning Council 1981).

Secondly, there has been a shift in local housing and income statistics. The

average number of persons per household dropped from 3.36 in 1967 to 2.80 in

1984, a figure consistent with the regional pattern, but larger than the state

average. Housing types have also changed. The percentage of mobile homes has

increased to 9.7 percent in 1980, although this figure is lower than that of

surrounding counties (Apalachee Regional Planning Council 1981). An important

change came in 1984 when the first town house units were constructed in the

coastal area; in that year building permits were issued for 110 multifamily
units (42.5 percent of all permitted units for that year) compared with none
during the previous year (Shoemyen 1985).

The economic profile of Gulf County is a collection of mixed indications. The

per capita income for 1983 was $7,997, a figure substantially higher than all

other counties in the region except Bay County; still only 67 percent of the

state average of $11,593, this percentage has shown no improvement since 1973

(Florida Department of Commerce 1985a). Families living below poverty level

in 1980 made up 18.3 percent of the total, consistent with the regional

pattern. Although an improvement over the 1970 figure of 20.0 percent, the

County lags well behind the state average which improved from 12.7 percent in

1970 to 9.9 percent in 1980 (Apalachee Regional Planning Council, unpub.

data).

The major source of personal income in Gulf County is manufacturing, with the

St. Joseph Paper Company, the County's largest employer. In 1983

manufacturing accounted for 48.8 percent of all earnings in the county, the

second highest rate in the state (Florida Department of Commerce 1985a). Net

forestry products valued over $158 million in 1983, eighth in the state

(Apalachee Regional Planning Council, unpub. data). The relative importance

of industry in the county is also reflected in the highest 1983 ad valorem tax

base and one of the lowest tax rates in north Florida (Florida Department of

Commerce 1985a). Other significant sources of personal income in the county

are transportation, local government, services, and trade. The latter

25 -

category includes the marketing of seafood, a topic more thoroughly discussed

in the following section.

In summary, an analysis of key demographic and economic features of Gulf

County suggests a low density rural county with two main population centers

and a slow-growth economy based predominantly on a relatively stable but

insufficient base of timbering and manufacturing.

D. Economic Development Issues in Coastal Gulf County

The economic limitations of Gulf County have necessitated a keen local

interest in economic development options. Three economic categories, shipping

and port use, fishing and shellfishing, and recreational pursuits, have

present or prospective implications for the aquatic preserve and are examined

in this section.

Commercial shipping in Gulf County is made possible by the St. Joseph Ship

Channel and by the Gulf County Canal, which provides a direct connection

between St. Joseph Bay just north of Port St. Joe and the Intracoastal

Waterway six miles to the northeast. The navigation channel was initially

authorized by Congress in 1945 but not actually completed by the Corps of

Engineers until 1962- It provides access to the Gulf across the shoals at t he

mouth of the Bay and connections to the Canal. The main navigation channel is

typically 35 feet deep and 300 feet wide for most of its length and has a

turning basin in the vicinity of the berthing area (U.S. Army Corps of

Engineers 1973).

Since the initial construction, maintenance dredging has occurred in 1973,

1979, 1985. The spoils were disposed on the end of St. Joseph Point in 1973,

in relatively deep open water (an area called Shark Hole) just inside the

Point in 1979 and along the beach of St. Joseph Point in 1985 (Florida

Department of Environmental Regulation 1985). All three options have caused

some degree of environmental or technical problems concerning site recovery,

water quality, and resiltation. Future maintenance dredging proposals will

face dredge spoil location as a major issue requiring resolution.

Within a few years after the navigation channel was opened its use was on the

increase. In 1969, 465,602 tons were handled in Gulf County, which increased

to-931,762 tons the following year, mostly from freighters serving the St. Joe

Paper Company and tankers serving the Hess Oil Company (U.S. Army Corps of
Engineers 1973). Since 1970, however, the volume of commerce dropped

considerably, due mostly to a large reduction in use of the petroleum storage

terminals owned by Amerada Hess. Total tonnage dropped from 534,383 in 1981

to 103,833 in 1982 and 68,780 in 1983. A review of the shipping records for

those years indicates that goods of 34 categories were handled, but only five

were consistent: residual fuel oil, paper and paperboard, basic chemicals and

products, clay, and plastic materials. The irregular pattern of other goods

suggests the lack of any established trade outlets (U.S. Army Corps of

Engineers 1981-83).

Fish and shellfish have long been suggested as having good potential for

trade. In 1979 the Port St. Joe Port Authority offered a major proposal for

development of a 106-acre tract along the Gulf County Canal and US-98 as a

seafood industrial park. The request for state and federal assistance of

2 7

$8.86 million included funding for excavation of a berthing and unloading area

to accommodate 86 vessels of up to 90 feet in length (Port St. Joe Port

Authority 1979). The proposal was never funded and the land remains

essentially vacant, but the Port Authority remains interested in the concept

and may revisit the idea in the future in conjunction with the replacement of

the US-98 bridge over the Canal, now scheduled for 1987 (Port St. Joe Port

Authority, pers. comm.).

,The commercial significance of fishing and shellfishing in Gulf County is not

completely dependent upon future developments, however. From 1976 to 1982 the

amount of fish and shellfish caught and marketed in Gulf County increased from

5.70 million pounds worth $1.17 million to 8.22 million pounds worth $1.97

million, representing over four percent of the state's catch (Florida

Department of Natural Resources 1976-80). The local impact on employment is

considerable. For example, one major local fishery, headquartered along the

Gulf County Canal, has in recent years, hired as many as 500 people during the

spring mullet run (Mike Crocker, pers. comm.).

Although much of what is processed locally is actually caught well out in the

Gulf, the Bay waters themselves and the Gulf waters just off the peninsula are

utilized for much of the catch, including most of the shellfish. In the early

.1970's the bay was the site of the nation's only commercial harvest of the

sunray venus clam. It eventually folded as a commercial venture primarily due

to limitations of processing and marketing (Mahadevan 1984). Commercial

harvest of hardshell claims, blue crabs, and shrimp remain locally important

in the Bay waters.

28 -

The commercial harvesting of bay scallops is also a regular, though

controversial, element of' the local marine harvest. This controversy is due

to the competition it creates with personal recreational harvesting. This

issue was articulated locally by a petition in 1982 which resulted in a

resolution of the Board of County Commissioners of Gulf County petitioning the

Department of Natural Resources to ban mechanical harvesting in the Bay (Board

of County Commissioners of Gulf County, FL 1982). A compromise on the issue

was reached by the then newly formed Marine Fisheries Commission in 1985; the

law banned commercial and mechanical harvesting in water less than 3 feet

deep, in the period of July 1 through August 15, and on weekends from August

16 through Labor Day. Recreational harvesters were limited to a five gallon

in-the-shell (or one-half gallon meat) bag limit (FAC 46-18). The important

residual problem of mechanical harvesting damage is currently the focus of a

Florida Sea Grant study (Keough & Young 1984).

The controversy concerning the harvesting of scallops shows the importance of

the Bay's resources for recreational use. Although difficult to quantify, the

recreational significance of the coastal area is great as people from both the

immediate area and region come to the beach and in ever increasing numbers to

fish, collect scallops, boat, swim, dive, camp, or to study, observe, and

enjoy the distinctive features of.the coastal environment.

One indication of the increased interest in recreation is the fact that boat

registrations for pleasure craft in Gulf County increased from 1,352 in 1982

to 1,537 in 1985. That increase of 4.6 percent per year over three years is

well in excess of the county's population increase of less than one percent

per year that same period (Florida Department of Natural Resources, unpub.

20- -

data of the Division of Law Enforcement). Similarly, visitation records at

the T.H. Stone State Park on the St. Joseph Peninsula increased from 88,876 in

1980-81 to 101,808 in 1984-85, an annual increase of 2.9 percent (Florida

Department of Natural Resources 1985). Still another secondary indicator is

the increase of citations issued by the Florida Marine Patrol from 23 boating

violations (a subcategory of all violations) in 1982 to 61 boating violations

in 1984. Further consideration of the citation data also suggests the degree

to which the marine waters of Gulf County are used by boaters from outside the

local area; seventy percent of all violations issued during those years were

to non-Gulf County residents (Florida Department of Natural Resources, unpub.

data of the Division of Law Enforcement). A final indicator of increasing

recreational use was the local impetus which led to a 1984 county ordinance

restricting the right to drive on the beach (Board of County Commissioners of

Gulf County 1984).

Increasing recreation and visitation in this area is contributing to

developmental pressure in the Peninsula and Cape (a topic covered in the

following section). This in turn presents public beach and Bay access

problems. Public boat access to the Bay is currently limited to four boat

ramps: the Port St. Joe City Pier, Presnell's Fish Camp (three miles south of

the City), and two launching areas at Eagle Harbor in the state park. Beach

access is available at the lighthouse on Cape San Blas and in the state park.

A number of other places are informally used, but they involve private

property and present traffic hazards due to the lack of a parking area. As

growth occurs the need for additional public access points and associated

parking and sanitation facilities will increase (A.L. Harrison, pers. comm.).

30 -

E. Coastal Area Land Use and Infrastructure

The northern half of the St. Joseph Peninsula is a state park in which

virtually all of the development is clustered toward the southern end,

particularly in the vicinity of Eagle Harbor. The northern two-thirds of the

park is maintained as a wilderness area, consistent with its coverage by

virgin areas of sand and slash pine.

Both the Peninsula and the Cape south of the state park have been erratically

subdivided since 1975 when they were still in single ownership. Parcel sizes

generally range from one-half acre to five acres in size, and little

discernible pattern of subdivision exists throughout the Peninsula and Cape

areas. in addition, two undeveloped holdings of approximately 40 acres at

Tapper's Landing and Richardson Hammock still exist, as well as a handful of

five to ten acre parcels. Billy Joe Rish Park, a Health and Rehabilitative

Services' facility for the disabled, is located on the peninsula. Two

federally owned facilities are nearby. One is called Pig Island and is part

of the St. Vincent National Wildlife Refuge; and the other is a radar tracking

facility of several hundred acres (part of Eglin Air Force Base) covering the

western part of the Cape including the lighthouse area.

Housing developments in the Peninsula and Cape has also been erratic. A

unified townhouse development has been constructed adjacent to the state park;

it is the only area on the Peninsula with any sewage treatment. Elsewhere on

the peninsula and Cape single family and duplex beach homes are mixed

irregularly with townhouses (up to 8 units per acre) and undeveloped lots.

Other land use includes a small convenience store and a handful of bayside

31 -

docks constructed from Peninsula lots. At the base of the Cape and the

mainland the County owns a 40-acre tract with frontage on both the Gulf and

the Bay; its only current use is as a solid waste disposal facility.

Continuing north along the mainland bay shore is a three mile stretch of land

under one ownership; a single townhouse development is being constructed here.

A small scattered cluster of older homes lies in the vicinity of Presnell's

Fish Camp. Nearby is the County Country Club and some associated single

family units on half-acre lots.

The eastern Bay shore is excluded from the aquatic preserve; part of this has

been conveyed into private ownership. A number of small islands occur just

outside the aquatic preserve boundary, but one island is within the boundary
of the aquatic preserve. It is called Black's Island and has a small facility

on it for group camping.

Not far north of the vicinity of Presnell's fish camp the land is owned by a

timber company and is undeveloped up to the junction of CR-30A and US-98. At

that point the urban area of Port St. Joe begins. The residential area

extends to the junction with SR-71 (where the City Pier is located). It is

followed by the commercial district and an extensive industrial area which

continues across and along the Gulf County Canal. North of the canal lies the

residential community of Highland View, which extends to Palm Point. Next, a

four mile stretch of undeveloped beach exists before residential development

resources begin again at St. Joe Beach, Beacon Hill, and (across the county

line) Mexico Beach.

32 -

Construction in much of the coastal areas in Florida are subject to

regulations which are more stringent than the standard building code of inland

areas. Flood-prone areas of the mainland, for example, necessitate elevation

standards in order to qualify for flood insurance. On the Cape and Peninsula,

however, no flood insurance is available because this area has been declared

"undeveloped" under the federal Coastal Barriers Resources Act, and

consequently may not receive federal subsidies. While this seems to be an

obstacle to further development of the Peninsula and Cape, the actual limits

of the flood zones allow construction to occur above the zone without the need

for flood insurance (DeWayne Manuel, pers. comm.).

State regulations, however, play a factor in building as well. In 1985 the

Department of Natural Resources established a new Coastal Construction Control

Line for Gulf County, including all of the Peninsula and Cape. Construction

seaward of the Control Line is subject to a state permitting and review

process which requires certain locational and structural criteria. These

criteria serve to lessen the pro bability of dune erosion and structural damage

(F.S. 161.063). Also, within a 1,500 foot zone extending landward of the

Control Line lies an area known as the Coastal Building Zone. Similar

regulatory criteria are in effect here, but the local government reviews

applications rather than the state (F.S. 161.55). Within the area seaward of

the Control Line the state may calculate a 30-year erosion zone, where

building is prohibited except for platted or recorded lots completely inside

of the zone; in this case a single family residence is allowed. The 30-year

erosion zone boundary is not rigid but is calculated on a case by case basis

(F.S. 161.053(6)). Parts of the Peninsula, especially Lighthouse Bay, are

affected by this erosion zone provision.

33 -

Natural forces, such as coastal storms and hurricanes, are another factor to

be considered before developing a coastal area. Extensive stretches of

coastal highways, including most of CR-30A, the road allowing Peninsula and

Cape evacuation, are between three and seven feet in elevation and are subject

to flooding well before the actual landfall of the expected storm. Depending

upon the severity and direction of the storm, a successful evacuation of Gulf

County would need to begin 111, to 26 hours ahead of landfall. Reliable

estimates, however, are generally not available until 12 hours ahead of

landfall making evacuation difficult for a storm requiring more than a 12 hour

notice. Additional development would exacerbate the already difficult problem

(Apalachee Regional Planning Council 1984).

Traditionally, it has been the need for potable water and acceptable waste

water treatment which have presented the greatest obstacles to development of

the coastal area. Recently, Lighthouse Utilities installed a 16-inch well

(with a 6-inch well as back-up) in the southern most part of the mainland.

Permitted for 45,000 gallons per day (230,000 qallons peak), it is connected

with a community system serving the Cape and Peninsula. Although adequate for

the present population, continued growth will require additional services.

Well drawdown and consequential contamination by salt water intrusion is a

problem in this part of the coast. For this reason present and future needs

for potable water will need careful scrutiny (Douglass Barr, pers. comm.).

Septic tanks are used in areas outside of the City of Port St. Ooe and the

development adjacent to the state park. The septic tanks are built on mounds

in the coastal communities because of the high water table and soil types

which are rated as having severe limitations for septic tank use (Florida

34 -

Department of Administration 1977). Despite these obstacles, densities run as

high as 8 units per acre (Doug Kent, pers. comm.). Local officials offer this

limitation as the only obstacle toward increased development of the Peninsula

and Cape (DeWayne Manuel, pers. comm.).

Storm water management in these highly permeable soils does not present an

obstacle to construction as do the concerns over potable water and sewage

facilities. Never-the-less, the creation of impermeable surfaces in place of

natural contours and vegetation will increase the runoff. This together with

the septic tank leachate, could result in significant fresh water runoff and

consequent decreased bay water salinity. To date, this issue remains

unstudied, but it may be a future concern to the integrity of the aquatic

preserve.

In summary, structures now existing or being built in the peninsula and Cape

number several hundred. Infrastructural and administrative obstacles toward

further development do exist, but they are not insurmountable. The potential

for several hundred additional single family or townhouse units exists, and,

if any developer proposes to tackle the long range problems of potable water

and waste water treatment and if the County continues to assign little value

to the need for hurricane clearance time, developments of greater density will

likely occur-. Along the mainland Bay shore less developmental pressu-re exists

and extensive wetlands and flood prone areas provide obstacles. Anything

beyond scattered and low density development here is unlikely without a

concerted planning effort and commitment to mitigation of impacts and

provisions of infrastructure.

35 -

Part 2:

Natural Systems and Their Components

A. The Components of Barrier Structures

Along most of the coastal stretch from Massachusetts to Texas lies a series of

narrow and elongated sandy islands and peninsulas collectively known as

barrier structures. The complex interaction in near shore areas between wind,

water, sea bottom, and land masses are a good example of the constantly

fluctuating features of our environment. Barrier structures are as much a

process in motion as a product, for the patterns of deposition and erosion

creating and altering them present changes which can be seen in a lifetime, or

just a few seasons. Moreover, because of their location and malleable

condition, they remain vulnerable to the sudden and dramatic changes of

coastal storms: erosion, deposition, overwash, and channel breaks (McHarg

1969).

The action of waves on shore brings in a suspension of sand which settles out

as the waves lose energy and break. Sand bars form just seaward of land where

the immediate wave energy has diminished sufficiently to allow sedimentation.

With conducive angle of the ocean floor and direction of the current relative

to the mainland, additional coalescence may occur resulting in the formation

of an island or peninsula (McHarg 1969). Over longer periods of time barrier

islands gradually become land as sea level falls; today, relict dunes,

particularly prominent in north Florida, may be found as far inland as

northern Liberty County (Bruce Means, pers. comm.).

36 -

The Cape San Blas shoals, an irregular shallow water area, predated the

formation of Cape San Blas and St. Joseph Peninsula barrier structure and is

responsible for its present configuration. After the mouth of the

Apalachicola River moved from what is now St. Joseph Bay to its present

location, wave action deflected littoral drift northward eventually resulting

in the emergency of St. Joseph Peninsula north of Lighthouse Bay. The Cape

San Blas portion of the peninsula is the result of a different depositional

pattern and is basically a westward extension of the mainland. Because of the

Cape San Blas Shoals and their effect on the prevailinq currents and waves,

the Cape San Blas elbow is the most rapidly changing part of the entire

barrier structure (Sewart 1962).

Barrier structures are typically very narrow, and St. Joseph Peninsula is

consistent with this pattern. The widest portion, about 4,500 feet across,

.occurs near the north end.

As a sand bar becomes a barrier island the two sides evolve differently.

Pioneering salt-tolerant plants grow in the less turbulent bay side, and sand

dunes are created by wind and waves on the Gulf side. This initial dune grows

and allows further plant colonization to occur on the leeward side aided by a

partial blockage of salt spray. This area, called the backbone, is the most

protected and ecologically diverse of the peninsula.

Seaward of this primary dune, the wind action eventually forms a trough,

salt-tolerant plants colonize this new area, and a second dune area emerges.

This new primary dune (the old primary dune is now called secondary) is now

the principal protective structure for the peninsula, the bay waters, and the

37 -

mainland. Stabilized by panic grass (Panicum amarulum) and sea oats (Uniola

paniculata), it does not tolerate construction or other activities. Breaks in

the primary dune wall present problems for structures and habitats located in

the interior. Thus, in the T. H. Stone State Park, beach access is by

boardwalk to protect this important dune system.

The cross section reveals a number of distinct habitats. The high energy

beach area and the immediate offshore waters are the home of various

invertebrates which feed on phytoplankton, detritus, and other invertebrates.

A number of shore birds are regularly found there. Inland from the beach is

the primary dune with its stabilizing vegetation and the dune trough. The

characteristic species are tolerant of sun, salt, and dry conditions and

include: Florida rosemary (Ceratiola ericoides), prickly pear cactus (Opuntia

stricta), yaupon holly (Ilex vomitoria), and stunted growths of sand live oak
(Quercus virginianan). The plants, beyond the secondary dune, merge into a

sand pine forest with gallberry and palmetto undergrowth, and finally, in the

backbone area, into a mature slash pine forest. The rim of the bay is
characterized by needlerush (Juncus roemerianus) and cordgrass (Spartina

alterniflora). Fresh water ponds exist in only a few portions of the

peninsula, at Cape San Blas, Eagle Harbor, and the Spit, providing habitat for

a variety of wetland animals, such as alligators, great egrets, and leopard

frogs (McHarg 1-969).

B. Salt Marshes, Tidal Flats, and Islands

Beaches are only one result of the interface between land and sea. Virtually

the entire rim of the protected St. Joseph Bay is bordered by a salt marsh

characterized by needlerush and cordgrass. Although a narrow bank along much

of the peninsula, the marsh widens near Pig Bayou and is a prominent feature

of the very shallow area of the southern and southeastern portions of the Bay.

Extending into the Bay for hundreds of feet at places, this transitional zone

also includes tidal mud-flats, exposed at low tide. In a few places along the

eastern Bay shore the salt marsh is influenced by tidal creeks which supply

some fresh water to the Bay. The wetlands correspondingly extend up into the

streams.

The coastal wetlands and tidal flats constitute an extremely productive

ecosystem. The primary producers and dominant species in this area are

needlerush (generally the taller and more landward species of salt marsh

vegetation) and cordgrass (generally shorter, stouter and more waterward).

These plants, along with the nonvascular algae and diatoms, can produce up to

ten tons of biomass per acre.per year. Such production is due to their

utilization of six percent of the sun's available radiant energy, one of the

highest rates known. Nutrient input for salt marshes comes from water borne

minerals and the presence of nitrogen fixing algae.

The ecological importance of this photosynthetic biomass is that it becomes

available as a food source for several species of bacteria and invertebrates,

which in turn support the food chain for primary and top carnivores including

humans. Microorganisms digest cellulose, making the decaying marsh grasses

available to deposit feeding worms, insects, crabs, snails, and other animals.

In turn they are eaten by predators including spiders, snakes, fish, herons

and raccoons. The biomass does not all remain within the marsh, because tidal

transport carries much of the detritus onto the tidal mud-flats. Here the

detritus is consumed by benthic molluscs, worms, and crustaceans, which in

turn are consumed by various invertebrates and fishes living in St. Joseph Bay

(Teal & Teal 1969).

Patterns of deposition in the lower Bay have resulted in the formation of

several small islands along the southeastern Bay shore which are vegetated on

low islands by emergent marsh vegetation and, on the higher islands by cabbage
palms (Sabal palmetto) and slash pines (Pinus elliottii). While not critical

to the physiography or ecology of the Bay system, these islands do provide

important wildlife habitat.

C. Marine Environment of St. Joseph Bay

St. Joseph Bay is roughly oval in shape. The somewhat flattened southern edge

is about three miles wide. The single opening to the Gulf of Mexico lies 14

miles north where it is constricted by St. Joseph Point to two miles across.

At its widest point, near Port St. Joe, it is 6.4 miles wide. Despite both

the relatively small mouth of St. Joseph Bay and the freshwater input from the

Gulf County Canal and tidal creeks, the salinity in the Bay ranges from 28.8

to 34.3 parts per thousand, (ppt) nearly identical to open Gulf readings in

the vicinity. Readings near the Canal, however, are only 16.9 ppt. Water

temperatures range from 13.5'C in the winter to 29.5'C in the summer, slightly

warmer than mean Gulf temperatures.

Currents in St. Joseph Bay are slight and are due to the once daily tidal ebb

and flow. A natural tidal channel occurring as a break in the shoal near St.

40 -

Joseph Point (now expanded into the authorized navigation channel) allows Gulf

water to enter during high tide. This water forms a current which circulates

in a counterclockwise fashion in the upper Bay, but it is slow and largely

superficial. In most of the extensive shallow reaches of the lower Bay, there

is no appreciable current save for the daily tide. Therefore this most

productive area of the bay is largely a closed system (Stewart 1962).

A comprehensive study of water quality in St. Jos eph Bay has never been

conducted, but the Bay is evidently pristine except that part inside a one

mile radius of the vicinity of Port St. Joe and the navigation channel (Ross &

Jones 1979). During the early 1970's, the city had only minimal sewage

treatment and the discharges of the various industrial facilities were

essentially unregulated. Significant improvements have been made since then

in regard to water quality of authorized discharges. Now an overall

improvement in the water quality is apparent due to monitoring by the city's
sewage treatment plant (Mel Lehman, pers. comm.). In the lower Bay, an area

authorized for shellfish harvesting, the Bureau of Marine Resources Regulation

and Development of the Department of Natural Resources monitors water quality

for its potential impact on shellfish. Their uncomplete data show that the

water quality is consistently high, although recent concern exists about the

potential long range impacts on the bay which may result from further

development of the peninsula (David Heil, pers. comm.). The preserve area

outside of the Bay is unclassified for shellfish harvesting.

The Bay bottom was first scientifically and systematically explored in 1841 by

the U.S. Navy and re-examined and mapped by the U.S. Coast and Geodetic Survey

in 1875. Comparison of their findings with contemporary explorations have

found very little alteration throughout the area. The exceptions are the man

made features of the navigation channel, called the Gulf County Canal, spoil

deposits, and the natural change of Cape San Blas, which has eroded

considerably since the last century (Stewart 1962).

D. Seagrasses

The deepest spots in the Bay, located in the north west quadrant, are 36 feet;

and roughly two-thirds of the bay is deeper than 20 feet. The remaining

one-sixth of the bay is less than five feet deep, and allows seagrass growth,

the Bay's principal point of biological interest. Seagrasses are found in

scattered narrow bands near shore in the area north of Port St. Joe, except

where the Gulf County Canal's freshwater influence is strongest (Phillips et

al. 1978). Another exception includes a continuous band from the city pier

area running south along the Bay shore until it reaches out from the east side

beyond Black's Island, and curves into the western side of the Bay. Along

that side the seagrasses are somewhat more constrained by deeper water pockets

north of Pig Island and in the vicinity of the Eagle Harbor channel, but

otherwise they run all the way up to St. Joseph Point. The seagrasses thin

out considerably near the north end where the water levels are deeper and

large spoil deposits have constrained their growth. Throughout this range

small bare bottom areas exist, some of which may be the result of tidal

channel action. Most shallow areas are covered by motorboat propeller scars.

From an aerial view the extensive seagrass,meadow, augmented by algae, is in

the shape of a horseshoe (Savastano et al. 1984).

42 -

These seagrass beds are an underwater equivalent of salt marshes in terms of

net productivity. The bay waters are shallow, clear, and therefore sunlight

availability allows aquatic plants to thrive. There are three kinds of

seagrasses found in the Bay. Shoal grass (Halodule wrightii) which can

tolerate temporary exposure is found in the shallowest areas. It is an

opportunistic species, recolonizing disturbed zones, such as spoil areas. The

least common of the seagrasses in the Bay is a narrow leaved plant called

manatee grass (Syringodium filiforme); it is found below the shallowest areas

colonized by shoal grass and is interspersed with the other seagrass species.

By far the most predominant of the seagrasses is the broad leaved turtle grass

(Thalassia testudinum). All three kinds of seagrasses have well established

root networks which allow them to grow in dense patches extending over several

acres with few breaks (U.S. Army corps of Engineers 1973).

In addition to their biomass production, the seagrasses provide other

important auxiliary functions. Their solid roots tend to stabilize the bottom

sediments, preventing erosion. During coastal storms they function to dampen

wave action, a significant benefit to coastal construction.

This calm water environment is the basis for a complex ecology based on

seagrasses . In addition to photosynthesizing, the seagrasses allow epiphytes

such as algae and phytoplankton to attach. Floating detritus, either from the

salt marshes or the seagrass beds, are trapped in the area by the seagrass

blades and become a vital source of food for many small marine invertebrates

and fishes. In particular, the seagrasses are the principal habitat for the

bay scallop, a significant commercial and recreational resource in the area.

Similarly, these shallow and sheltered areas provide habitat for shrimp,

A3 -

mullet, redfish, and other species of commercial significance, as well as

other species of no direct commercial importance, yet but still are integral

parts of the seagrass ecosystem (Phillips et al. 1960).

Seagrasses do not grow below 1.5 to 20 feet found at the center of the Bay's

horseshoe, but the detrital food base feeds deeper dwelling marine animals

including the commercially dredged hardshell clams and shrimp (David Heil,

pers. comm.).

The navigation channel, 35 feet deep, is largely devoid of benthic life. It

divides the Bay between the deeper waters and the area called Bell's Shoal, at

the mouth of the Bay. Bell's Shoal is the site of the Bay's highest

concentration of sunray venus clams, once harvested commercially (David Heil,

pers. comm.). Beyond Bell's Shoal, and outside of the Bay, the bathymetry

quickly assumes a typical pattern for a beach area terrace. Proceeding down

the Gulf side of the peninsula, the offshore terrace achieves a depth of up to

39 feet by the edge of the defined aquatic preserve boundary.

E. Wildlife

The terrestrial and marine ecosystems detailed in the preceeding three

sections all support a full complement of wildlife. The number of species

living in coastal areas and estuarine systems is high and diverse. Therefore

natural resource should be preserved, as efforts for an unspoiled and

unpolluted habitat would provide the best opportunity for the greatest number

of species to feed, live and reproduce. Although some species are

individually important because they are associated with a specific use (i.e.,

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scallop harvesting or fishing), other species are central to other activities

(i.e., bird watching, scientific research, and nature photography). The

lesser known or less obvious species therefore play their part to enhance the

quality of life in Gulf County. (A partial catalogue of terrestrial and

aquatic animals in the St. Joe Bay Aquatic Preserve is contained in the

Bureau's resource inventory file maintained in the Central Office in

Tallahassee.)

Coastal Gulf County is important for its location in relation to one of

nature's most striking phenomena: bird migration. Barrier structures in the

panhandle area are a final staging area for southbound birds in the fall.

Here they make a final pause for food and rest before continuing south to

Central and South America and the Caribbean islands. In the spring the

reverse is true; the barrier structures are the first land the birds reach in

hundreds of miles, and for a few weeks the area is concentrated with thousands

of migratory birds including warblers, vireos, tanagers, and grosbeaks.

Hawk migration in the fall is particularly striking, for St. Joseph Peninsula

draws hawks from much of the North American land mass. Riding autumnal cold

fronts, several species of hawks and falcons follow the land as far south as

possible, culminating in a great assembly over the St. Joseph Peninsula.

Estimates of 3,000 to 5,000 hawks per year may be seen during the month of

October, and bird watchers from around the country gather for a good

opportunity to see the endangered peregrine falcon.

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F. Species Classifications

A number of species found in coastal Gulf County are of special interest

because of their scarcity or declining populations. Separate lists, which are

clearly parallel in their intent, are maintained by the U.S. Fish and Wildlife

Service and the Florida Game and Fresh Water Fish Commission; these lists

designate appropriate animal species as either threatened or endangered,

depending upon the degree of their relative scarcity or the threat to their

continued existance as a species. The state list also includes an additional

early cautionary category called species of special concern.

In coastal Gulf County there are two birds with the federal classification of

endangered. The bald eagle is thought to breed in lower Gulf County while the

peregrine falcon may be found there during migration, particularly in the

fall. The federal classification of threatened is assigned to three birds and

two reptiles. The Snowy plover, and Least tern are both nesters of the open

beach whose need for unmolested beach is under pressure from coastal

development. While the piping plover's situation is similar, they do not nest

in Florida, and only visit the Gulf Coast as a winter resident. The American

alligator, a threatened reptile, is found in fresh water areas near the coast,

including those fresh water areas on the Peninsula (Florida Natural Areas

Inventory, unpub. data). Atlantic loggerhead turtles spend most of their

lives at sea but come ashore on the Peninsula beaches to lay their eggs.

Three birds, the little blue heron, tri-colored heron, and snowy egret, are

classified as species of special concern because of recent world-wide

population declines. This status is also given to the gopher turtle and brown

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pelicans, which appear to be making comebacks from earlier endangered status,

are now monitored with a species of special concern label.

Similar classifications area also given to plants, although federal

designations are uncommon and the state list is maintained by the Florida

department of Agriculture and Consumer Services. One species found in the

coastal mainland area of Gulf County is one of only nine species in Florida

with a federally endangered classification, the Chapman's rhododendron
(Rhododendron chapmanii). One other species, Godgrey's blazing star (Liatris
provincialis), is a state-listed endangered speci es. The state list also

includes four threatened species: prickly pear cactus (Opuntia Stricta), pine

woods aster (Aster spinulosus), Chapman's crownbeard (Verbesina chapmanii),

and southern milkweed (Ascelpias viridula) (Florida Game and Freshwater Fish

Commission 1985).

G. Summary of Natural Systems

The collection of distinct ecosystems which comprise the coastal Gulf County

area in and surrounding 'it. Joseph Bay are among the most pristine ecosystems

of their type in the state, despite many human incursions and alterations.

The Peninsula and Cape are a classic example of a barrier structure, providing

shelter for the calm, shallow, and pristine waters of St. Joseph Bay. The

beach and dune area, sand pine scrub, slash pine forest, and salt marsh

ecosystems provide essential habitat for a wide variety of animals, including

the thousands of hawks and other migratory birds. The bay waters, though

somewhat polluted in the immediate vicinity of Port St. Joe are for the most

part, pristine. The shallow waters contain hundreds of acres of seagrass

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I
I beds, home to a highly developed network of fishes and invertebrates,
including several of commercial value, such as bay scallops.

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--A

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Chapter V

RESOURCE MANAGEMENT

A. Introduction

The main objective of the resource management plan in the aquatic preserve is

to protect the resources of the aquatic preserve for the benefit of future

generations (Section 258.35, F.S.). The management of the St. Joseph Bay

Aquatic Preserve will be directed toward the maintenance of the existing or

essentially natural conditions. This part of the management plan addresses

the policies and procedures which both onsite and administrative personnel

will pursue. The onsite management will involve DNR's field personnel

assigned to the aquatic preserve. The administrative management will involve

Division of Recreation and Parks' personnel (both in the field and in

Tallahassee) and Division of State Lands' personnel, cooperating in the review

of applications for use of state-owned lands and related activities

surrounding the preserve. These personnel will be interacting with various

government and non-government entities, interest groups, and individuals.

B. Onsite Management Objectives

The onsite management objectives are reflected in the activities that the

field personnel become involved in (i.e., observation, research, public

interaction, emergency responses, etc.) to protect and enhance the resources

within the aquatic preserve. Other activities, such as the interaction with

other government and non-government entities, are covered in more detail in

Chapter VI (Management Implementation Network). The field personnel's duties

are, with respect to management of the various uses of the aquatic preserve,

addressed in more detail in Chapters VII and XI, The field personnel will

generally be involved in all management activities concerning the St. Joseph

Bay Aquatic Preserve.

1. Plant Communities

The communities of aquatic and wetland plants within the Preserve perform five

major functions vital to the health and productivity of the aquatic system:

a. they tend to stabilize geologic features in the face of dynamic

forces (i.e., currents, tides, winds, and waves), which often act

in concert to both erode and deposit;

b. they create, from recycled nutrients and solar energy, the organic

materials that fuel the marine food web which supports the area's

fisheries, endangered species, migratory waterfowl, colonial water

bird nesting colonies, raptors, marine mammals, and invertebrate

life.

C. they provide protected fisheries habitat for spawning and juvenile

development, many of which are of economic importance to the com-

mercial fisheries of the state and the nation;

d. they provide roosting and nesting habitat for water birds; and,

e. they filter pollutants from contaminated and channelized runoff from

uplands within the adjacent watershed and, buffer the uplands from

storm waves and winds.

The management objectives for plant communities will be to maintain and

enhance these functions. Because these plant communities are critically

important to the well-being of the Preserve, a program to work toward the

protection and restoration of those communities affected by human act ivities

should be developed.

Management Policy

a. Field Familiarization and Documentation. Field personnel will become

familiar with the plant species and communities present in the aquatic

preserve, and locations of their occurrences.

b. Literature Familiarization. Field personnel will assemble a working

library of existing pertinent literature concerning the species and

communities present in the aquatic preserve. Staff will become familiar with

the ranges, life histories, ecological requirements, productivity, importance

to water quality, contribution to landform stabilization, wildlife habitat

provision, fisheries habitat provision, and fisheries food production of the

plant communities within the aquatic preserves.

C. Preparation of Guidelines of Management of Endangered Species. Field

personnel, based on their field observations and literature reviews, will

develop maps (using 7.5 minute quadrangles) showing the locations of threat-

ened and endangered plant species within the aquatic preserve. A set of

management guidelines for each species, outlining the habitat requirements and

the methods to sustain and/or restore these habitats will be developed. Field

personnel, in the course of documenting the occurrence of threatened and

endangered animals, will develop maps showing the locations and types of plant

communities used by these animals for nesting, roosting, feeding, resting,

spawning, etc. Literature information and personal observations will then be

used to develop guidelines for maintaining (or restoring if necessary) the

"critical habitat" required by each species.

d. Monitoring of Plant Communities for Natural Changes. Field personnel

will become familiar with the use of aerial photography and LANDSAT imagery,

for the study and monitoring of plant communities (historically and at the

present time) and will use this remote sensing in conjunction with field

observations to monitor and document natural changes such as:

1. freeze damage to, and recovery of, salt marsh communities;

2. wind and wave damage to salt marsh and beach communities from storms

and hurricanes;

3. accretion-related seaward extension of salt marsh and beach

communities;

4. erosion-related landward retraction of salt marsh and beach

communities;

5. depositional burying of marine grassbed communities;

6. invasions of exotic plant species and revegetation by native

species after exotic plant removal projects;

7. pathogen damage to and recovery of plant communities.

e. Identification of Areas and Communities in Need of Restoration. Field

personnel will, as time permits, systematically survey the aquatic preserve to

determine the location, nature, and extent of environmental damages from human

activities and assess the possibility of restoring each site according to

whether the site is publicly or privately owned, and the cost and effort

required.

f. Protection of Plant Communities. Field personnel shall protect the plant

communities from the various uses of sovereign lands within the aquatic

preserve according to the following guidelines.

1. Field personnel in their biological reports shall not recommend for

approval any proposed use of sovereignty submerged lands when the

plant communities in the proposed use area appear to be jeopardized.

i. Removal of salt marsh vegetation shall only be permitted for

minimum access from the mean high water line to a dock or pier.

The destructive clearing of salt marshes in sovereignty lands

shall be strictly prohibited.

ii. Marine grassbed communities shall not be removed or shaded to

such an extent as to cause the death of a significant area of the

community. They shall not be subjected to unacceptable turbid-

ity, decreased light penetration, propeller or net damage.

2. Field personnel shall be notified of applications for uses of sub-

merged lands within the aquatic preserve by the Bureau of Land and

Aquatic Resource Management central office. No applications will

be approved within Class I and 2 Resource Protection areas (see

Section BW of this chapter) without a thorough review by the field

personnel. The field personnel will inspect the site, assess the

potential impacts to the plant communities, and then convey their

recommendations to the central office as required.

3. Field personnel will initiate various educational programs and

supplement existing educational programs designed to increase public

awareness of the damage that recreational, private and commercial

uses (i.e., propeller damage) can inflict on marine grassbed

communities. Education programs can also be undertaken with other

federal, state or local groups (i.e., Florida Sea Grant, school

boards, etc.).

4. Field personnel will develop an exotic plant control and removal plan

after monitoring the rate and extent of invasion by exotic-species.

5. In cooperation with the Department of Community Affairs field

personnel will familiarize themselves with the results of a study

under the Coastal Energy Impact Program in assessing the potential

impacts of an oil tanker spill or drilling rig accident on the

natural resources of the St. Joseph Bay Aquatic Preserve.

g. Restoration of Plant Communities. Field personnel will consult with

professionals in the wetlands restoration/revegetation field to determine the

advisability of using healthy beds of marine grasses as a stock source to

restore damaged grassbeds. They will develop guidelines for restoring marine

grassbeds in the aquatic preserve.

Field personnel will identify easily accessible salt marsh communities within

the aquatic preserve where a high density of salt marsh seedlings could serve

as a nursery stock source for transplanting to restoration sites. Field

personnel will consult with professionals in the wetlands restoration/revege-

tation field concerning proven procedures for transplanting and nurturing salt

marsh species and will develop guidelines for restoring these communities in

the aquatic preserve.

In the event that plant restoration is required as the result of a permit

application with DER, or as a result of any other process, the field personnel

will be responsible for monitoring the restoration activity. This might

include advising the individuals involved in the actual restoration work on

the best techniques under the available restoration guidelines. The field

personnel will monitor the success of the restoration project after the work

is completed.

h. Identification of Research Needs. Field personnel will identify research

needs concerning plant communities within the aquatic preserve with special

emphasis given to data needs that would increase the capability of field

personnel to manage plant communities under environmental stress, and to

determine threshold tolerances for plant community health and diversit in
y

relation to degraded environmental conditions.

i. Coordination With Other Researchers. Field personnel will become famil-

iar with research projects being conducted within the aquatic preserve by

state and federal agency biologists and non-government researchers. Water

quality research issues, as they affect plant communities, should also be

closely followed. This familiarization should lead to a better understanding

of both agencies' personnel and a better awareness of the data findings and

uses. The research liaison will also be addressed in Chapter X (Scientific

Research).

2. ANIMAL LIFE

The richness of the animal life of the St. Joseph Bay area is important to the

designation of the aquatic preserve. The fish, shrimp, and crabs within the

aquatic preserve are valuable resources on which recreational and comme rcial

fisheries depend. Large areas of undisturbed wetlands are excellent habitat

for many types of wildlife. These wildlife include an extensive list of

endangered species, migratory waterfowl, colonial waterbirds, invertebrates

and vertebrates.

The management objective for animal life within the aquatic preserve will be

the protection through preservation of habitats and living conditions in the

most natural condition possible.

Management Policy

a. Field Familiarization and Documentation. Field personnel will become

familiar with the major animal species in each habitat in the aquatic

preserve. This identification process will include the location, number,

season of sighting, weather conditions and any other factors which may be

necessary to build a working knowledge of the species, and their interaction

and occurrence in the aquatic preserve.

b. Literature Familiarization. The field personnel will assemble a working

library of existing literature concerning the major animal species and

communities within the aquatic preserve. The field personnel will become

familiar with life histories, ecological requirements, position in the

community, habitat and other factors necessary for sound management.

C. Preparation of Guidelines for the Management of the Endangered Species

Within the Aquatic Preserve. The field personnel will become familiar with

the guidelines of the Florida Game and Fresh Water Fish Commission, U.S. Fish

and Wildlife Service, Department of Natural Resources' Division of Marine

Resources, National Marine Fisheries Service, Marine Fisheries Commission, and
72 any other applicable agencies and non-government organizations involved in the

management of endangered species. These guidelines will be used in conunc-

tion with the field familiarization, documentation, and mapping to develop

management guidelines for each endangered species within the aquatic preserve.

Special guidelines shall be developed and implemented for the management of

areas within the aquatic preserve that are identified as critical habitat for

endangered species.

d. Monitoring Changes in Animal Populations. Field personnel will study and

monitor changes in animal species that are caused by natural phenomena, such

as:

i. freezes;

ii. storms and hurricanes;

iii. changes in habitat due to changes in plant types;

iv. changes in habitat due to water quality changes; and

V. geologic or hydrologic changes including erosion and

any other physical changes.

e. Protection of Animal Life From Human Uses of the Aquatic Preserve. Field

personnel, during the process of resource impact analysis in the review of use

applications in or affecting the preserve, shall consider the protection of

animal species. The review shall also consider the potential effects of the

proposed use on the plant communities as they function as habitat for the

animal life and uses that may cause a disturbance in the natural activitie-s

and functions of the animal life (e.g., air pollution, excessive noise or

bright lights affecting a bird rookery). The field personnel should be

notified of any proposed activities within the aquatic preserve that might

affect the well-being of animal life and should be involved in planning the

activity so as to cause the least amount of stress on animal life.

f. Identification of Research Needs. The field personnel in the course of

their duties shall identify research needs required to improve the management

of animal life in the aquatic preserve. This identification process is more

fully described in Chapter XII (Identified Program Needs).

g. Coordination With Other Researchers. Field personnel will become

familiar with research projects conducted within the aquatic preserve by state

and federal agency biologists and non-government researchers. This familiar-

ization should lead to a better understanding of both agencies' personnel and

a better awareness of the data findings and uses. The research liaison will

also be addressed in Chapter X (Scientific Research).

3. GEOLOGIC FEATURES

The management of geologic features will require that the field personnel

become aware of the natural geologic features and the changes, both human and

natural, which affect these features within the aquatic preserve to better

enable a review of applications for state-owned land uses that might affect

these features. These geologic features will include inlets, islands, shoals,

shorelines, embayments., and channels. The overall objective of the management

of these features is to allow the naturally dynamic system to operate without

man's influence or interference. Active management in this area shall include

the review of proposed uses that might affect the geologic features within the

aquatic preserve. The majority of these reviews will probably concern bulk-

heads, bridges and channels as they might affect state owned lands. The

objective in the placement of bulkheads on lands upland of the aquatic

preserve shall be that the natural contour and drainage be altered to the

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least amount practicable. The use of rip rap with salt marsh or other suit-

able native plantings would be preferable to bulkheads within the preserve.

Bulkheads are not allowed within the preserve, except as stated in Sections

258.42(2) and 258.44, F.S. and in accordance with the management objectives of

the preserve.

Maintenance dredging of existing channels should also be carefully studied to

remove conditions that require perennial maintenance and chronic environmental

disturbances. New channels also have the potential to adversely impact the

aquatic preserves, with varying influences in each preserve, depending on

channel location.

The field personnel shall also be involved in the review of project proposals

submitted to other agencies, such as the U.S. Army Corps of Engineers,

Department of Environmental Regulation, the Department of Transportation or

the Water Management Districts, and shall formally review and comment on any

permit application that impacts the aquatic preserve. These projects shall be

reviewed jointly with those agencies' personnel whenever possible. The field

personnel will review these projects on behalf of the aquatic preserve and its

resources.

4. ARCHAEOLOGICAL AND HISTORICAL SITES

Archaeological and historical sites have several characteristics which must be

recognized in a resource management program.

i. They are a finite and non-renewable resource.

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ii. Each site is unique because individually it represents the

tangible remains of events which occurred at a specific time

and place.

iii. While these sites uniquely reflect localized events, these

events and the origin of particular sites are related to

conditions and events in other times and places. They also

preserve traces of past biotic communities, climate, and other

elements of the environment that may be of interest to other

scientific disciplines.

iv. These sites, particularly archaeological sites, are very

fragile because their significance is derived not only from the

individual artifacts within them, but especially from the

spatial arrangement of those artifacts in both horizontal and

vertical planes.

Administering Agency

The management of the archaeological and historical sites is authorized and

administered by the Division of Archives, History and Records Management

(DAHRM) in the Florida Department of State. The management authority for this

area of management is presented in Chapter II (Management Authority).

Management Policy

The management policy presented here is one of conservation, as recommended by

the DAHRM and subject to that agency's changes. Their policy is as follows:

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1. The field personnel and all other agencies planning activities

within the aquatic preserve shall coordinate closely with DAHRM in

order to prevent any unauthorized disturbance of archaeological and

historical sites that may exist on the affected tract. DAHRM is

vested with the title to archaeological and historical resources

abandoned on state lands and is responsible for administration and

protection of such resources (Section 267.061(l)(b), F.S.). It is

illegal to destroy or otherwise alter sites on state la nds without a

permit from DAHRM (Section 267.13, F.S.). Therefore, agencies

planning activities should coordinate their plans with DAHRM at a

sufficiently early stage to preclude inadvertent damage or destruc-

tion to these resources.

2. The nature of these sites' fragility and vulnerability to looting

and other destructive forces required that the location of these

sites not be widely known, if the location is known at all. In many

instances DAHRM.will have knowledge of the known and expected site

distribution in an area. Special field surveys for unknown areas

may be required by DAHRM to identify potential endangerment of a

proposed activity to these archaeological and historical sites.

This will be especially necessary in the case of activities contem-

plating ground disturbance over large areas.

3. In the case of known sites, activities that are expected to alter or

damage these sites shall alter their management or development plans

62 -

as necessary, or make provisions so as not to disturb or damage such

sites prior to professionally acceptable and authorized mitigation.

4. If in the course of a management activity, or as a result of

development or the permitting of dredge/fill activities, it is

determined that valuable historic or archaeological sites will be

damaged or destroyed, DAHRM reserves the right to require salvage

measures to mitigate the destructive impact of such activities on

such sites (Section 267.061(l)(b), F.S.). Such salvage measures

shall be accomplished before DAHRM would grant permission for site

destruction.

5. Excavation of archaeological sites in the near future is

discouraged. Archaeological sites within the aquatic preserve

should be left undisturbed for the present, with particular

attention devoted to preventing site looting by "treasure hunters".

6. Field personnel will note suspected sites for future surveys by

DAHRM. Cooperation with other agencies in this activity is also

encouraged by DAHRM. The DAHRM will help inform the field personnel

about the characteristics and appearance of these sites.

7. Any discovery of instances of looting or unauthorized destruction of

these sites will be reported to the DAHRM so that appropriate action

may be initiated. The Florida Marine Patrol and other enforcement

personnel of DNR shall provide enforcement assistance to DAHRM and

make arrests or investigate cases of looting or other unauthorized

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destruction of archaeological sites. The field personnel will

follow the above management policy and become familiar with the

personnel involved with this task in DAHRV, and their procedures for

identifying suspected sites.

5. WATER RESOURCES

Responsible management of water resources for the protection of human health

and recreational enjoyment of aquatic preserve waters, as well as for the

protection and enhancement of the preserve's plant and animal communities is

one of the most critical aspects of aquatic preserve management. Research to

understand how human activity can alter or detrimentally affect the dynamic

characteristics of the preserve's various habitats can be approached

confidently after monitoring data has been used to model the effects of

naturally occurring variations on the same habitat. Only a single toxic

substance may be necessary to initiate irreparable ecological damage and

change in the water resources of the aquatic preserve estuarine ecosystem.

Management Policy

The successful management of the water resources of the aquatic preserve

depends heavily on other government agencies (i.e., DER and the Water

Management District) charged with regulating water quality and quantity. The

objective of the water resources management shall be to maintain the naturally

high water quality and to ensure the natural seasonal fluctuations of fresh

water into the Bay. Sources of water resources data from non-government

agencies, are dependent on or may be found among colleges, universities,

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scientific foundations and private consultants working in the St. Joseph Bay

area. These various entities have interests at many different levels and

areas within the Bay system. The aquatic preserve management program will

manage the water resources through coordination with these various entities.

The field personnel will not conduct water sampling, but through the review of

these data from other entities and from their own field observations, they

will be able to identify water resource problems in the aquatic preserve.

Efforts will be made to ensure consistency in project design and sampling

techniques so that data from various studies can be used for integrated

analysis.

a. Familiarization with the Jurisdiction, Personnel, and Monitoring Programs

of Government Agencies and Other Entities. Field personnel will become

thoroughly familiar with the jurisdiction, personnel and monitoring programs

of other agencies, institutions and corporations involved in studying,

monitoring, regulating and managing water resources within the aquatic

preserve and the drainage basins which provide fresh water to this preserve.

Those agencies known to be working or having potential activities affecting

the preserve are listed below; others may be added as they are identified.

1. Florida Department of Environmental Regulation

2. Gulf County Health-Department

3. Northwest Florida Water Management District

0 4. U. S. Geological Survey

5. U. S. Fish and Wildlife Service

6. National Oceanic and Atmospheric Administration

7. Florida Department of Transportation

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R. Apalachee Regional Planning Council

9. Florida Game and Fresh Water Fish Commission

10. Florida Department of Natural Resources Marine Research Laboratory

11. Florida State University

12. U. S. Army Corps of Engineers

13. Southeastern Fisheries Association, Inc.

14. U. S. Environmental Protection Agency

15. Department of Natural Resources--Shellfish Sanitation Section

16. Florida Division of Forestry

17. Florida Marine Patrol

b. Monitoring of Water Resources by Cooperative Data Collection and Review.

Field personnel will: (1) promote coordination among involved agencies in

planning monitoring programs and in evaluating monitoring data, (2) monitor

water resources within the preserve by reviewing the data collected and

compiled by those agencies as it applies to the aquatic preserve and its

resources.

C. Review of Permits and Lease Applications for Aquatic Preserve Uses and

Watershed Activities that Would Affect the Preserve Water Resources. Field

personnel will review sovereign land lease applications, development of

regional impact reviews, and DER/COE permit applications in cooperation with

other agencies as necessary to monitor the potential impacts on the water

resources of the aquatic preserve.

d. Familiarization with and Monitoring of Activities and Users Which

Regularly Contribute Pollutants to Preserve Waters. Field personnel will

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become familiar with the activities and users which regularly or potentially

contribute pollutants to the waters of the aquatic preserve. This monitoring

will be accomplished directly by field observations and indirectly by review

of other entities' water resources data. Field personnel will encourage and

coordinate with other agencies involved with water resources monitoring to

consider more detailed field monitoring in areas of the preserve where the

incidence of polluting activities is found to be high. These monitoring

activities will also include the monitoring of freshwater releases into the

preserves and their effect on the environment.

These activities will also be applicable to Chapter X (Scientific Research),

and the coordination through Chapter VI (Management Implementation Network).

The field personnel's onsite presence will be complemented by their reliance

on other agencies and entities for data and regulation. The field personnel

will have the ability to visually monitor water resource crises and phenomena

as they occur and when they affect other resources.

6. CUMULATIVE IMPACT ANALYSIS

Cumulative impacts are the sum total of major and minor changes or effects

upon a natural system. Taken singularly these effects may not constitute a

notable change in the condition of the natural system, but as these single

changes or uses accumulate, their combined impact may result in a substantive

environmental disturbance or degradation of the natural system.

The review of proposed uses in the aquatic preserve from the perspective of

cumulative impact analysis requires a thorough knowledge of the natural system

and the various interactions and dynamics within that system. This aquatic

preserve management program will initiate development of a cumulative impact

analysis program. The evaluation of cumulative impacts shall include the

following criteria from Chapter 18-20, F.A.C.:

(1) The number and extent of similar actions within the

preserve which have previously affected or are likely

to affect the preserve, whether considered by the

Department under its current authority or which existed

prior to or since the enactment of the Act; and,

(2) The similar activities within the preserve which are

currently under consideration by the department; and

(3) Direct and indirect effects upon the preserve which may

reasonably be expected to result from the activity; and

(4) The extent to which the activity is consistent with manage-

ment plans for the preserve, when developed; and

(5) The extent to which the activity is in accordance

with comprehensive plans adopted by affected local

governments, pursuant to Section 163.3161,

F.S., and other applicable plans adopted by local, state

and federal governmental agencies.

68 -

(6) The extent to which the loss of beneficial hydrologic and

biologic functions would adversely impact the quality or

utility of the preserve; and

(7) The extent to which mitigation measures may partially off-set

adverse impacts. Proposed mitigation to compensate for damages to

resources in the preserve will only be considered when no other

reasonable alternatives exist.

The availability of onsite preserve staff who are familiar with the distinc-

tive characteristics of this system, coupled with their ability to access

LANDSAT imagery and mapping, and other data sources, is the key to development

of a successful cumulative impact analysis program. As cumulative impacts are

identified for specific areas and/or resources, they will become an integral

part of the project analysis and decision-making process.

7. MANAGEMENT OF ENCROACHMENTS

The management of encroachments in the preserve will concern the unauthorized

placement of structures, unauthorized dredging or filling, or other illegal

uses in the aquatic preserve. These encroachments might also include illegal

activities associated with an approved use (e.g., extension of a dock,

construction of boat houses, extension of an approved channel).

The management policy for the field personnel, after identification of a

suspected illegal encroachment, will involve a reporting procedure and the

monitoring of the remedial action. After a field identification of suspected

encroachments, field personnel will notify the central office to verify the

69 -

title of the property and research the possibility of the use being an

approved activity. Due to the extensive areas involved in the aquatic

preserve, this will be a progressive activity depending on the field

personnel's eventual familiarization with the preserve and the approved uses.

The potential for unauthorized activities in such an extensive area may

possibly require some type of mapping and recording system to assist the field

personnel in their monitoring.

The management action for verified illegal encroachment will be developed by

the agencies specifically involved (i.e, DNR, DER). The field personnel will

assist, as necessary, with field evaluations or other support activities. The

final action will be monitored by the field personnel, at the direction of the

Trustees to the central office. The procedures followed in these applications

will be decided on a case by case basis.

C. RESOURCE MAPPING AND RESOURCE PROTECTION AREAS

The efficient description and location of resources within such a large area

requires the use of remote sensing techniques. This work will be done in

conjunction with DNR's Marine Research Laboratory's Assessment of Fishery

Habitat Loss Study in the St. Joseph Bay area. Marine Research Laboratory

personnel have developed resource and habitat identification mapping through

the use of LANDSAT (satellite) imagery and aerial photography.

The vegetation and land use mapping done in this study will become the basis

for the development of a Resource Protection Area management system in the

aquatic preserves. This mapping system will identify and classify various

70 -

resources within the aquatic preserves that require protection by the

management program. This mapping system will also give acreage totals for

each land use and vegetation classification in the preserves. The vegetation

portion of the mapping will be augmented over time by wildlife and fisheries

information (endangered species, bird rookeries, etc.), archaeological and

historical site information and other resource factors deemed crucial to the

continued health and viability of the aquatic preserves.

The onsite managers will supplement this mapping with the above information to

develop and update a Resource Protection Area (RPA) mapping program. The RPA

mapping system is based on three levels of resource classification. The Class

1 level will contain resources of the highest quality. Uses proposed for

these areas will receive the most rigorous review. The Class 1 level will

include one or more of the following: marine grassbeds; beaches; saltwater

marsh; oyster bars; archaeological and historical sites (upland and sub-

merged); endangered species habitat; colonial water bird nesting sites; and

other appropriate factors.

The Class 2 areas will be defined as those areas containing the resources of

Class 1, but in a transitional condition compared to Class 1. These resources

will either be building toward Class 1 status or declining to Class 3 status.

Class 2 areas will require careful field review as to the specific area's

sensitivity to each proposed use. In some respects, these areas may be as

sensitive or more sensitive to disturbances as Class 1 areas. The resources

of Class 2 will include: marine grassbeds; salt marsh species colonizing new

lands; and other resources of Class I type that fit in the Class 2 condition.

71 -

Class 3 areas will be characterized by the general absence of the attributes

of the above two classes. Class 3 areas may have small localized Class 1 or 2-

areas within them. Class 3 will generally have deep water areas or areas with

no significant vegetation or wildlife attributes. Nearshore and bottom areas

significantly modified by man will be designated Class 3.

These RPA maps will require periodic revisions as the onsite managers learn

more about the resource's reaction to man's uses. Scientific research and

other data additions may also require modification of this system. Natural

changes will also require modification of this classification system.

Periodic checking by LANDSAT satellite imagery will become useful for remote

sensing monitoring as its use is more fully developed.

The RPA maps will become a planning tool for both onsite and central office

staff. More detailed field review will still be required to supplement this

information on a case by case basis, as necessary.

The initial development, as well as periodic review, will require support and

assistance of the many other resource regulating and managing agencies, as

well as local and regional government entities. Support will also be

requested from the colleges, universities, foundations and other interest

groups and individuals.

D. ADMINISTRATIVE MANAGEMENT OBJECTIVES

This section of the chapter addresses the role of the central office, in the

aquatic preserve management planning and implementation process. The central

72 -

office's role is generally interpreted within the context of coordinating

activities with the field personnel. This coordination linkage is important

to many program aspects, including project review and evaluation, local

contact initiation, administrative rule development, contractual services and

conflict resolution; routine support (payroll, operating expenses, etc.)

usually extended by the central office to the onsite managers. All program

activities identified within this context are designed to protect and enhance

the envi- ronmental, educational, scientific, and aesthetic qualities of the

natural systems of the aquatic preserve.

1. Objectives

Specifically, the following administrative objectives are an essential part of

the aquatic preserve management program.

a. To ensure a comprehensive, coordinated review and evaluation of

proposed activities potentially affectinq the environmental

integrity of the aquatic preserve.

b. To serve as the link between aquatic preserve field personnel, and

state agencies and programs which originate in Tallahassee.

C. To serve as the primary staff in the development of administrative

rule additions, deletions, and revisions.

d. To serve as the administrative staff for contractual agreements and

services.

e. To establish and maintain a conflict resolution process.

f. To review all existing and past activities as to their effect on the

environmental integrity of the aquatic preserve.

73 -

2. Project Review and Evaluation

A maJor element in the administration of an aquatic preserve management system

is the establishment of a thorough project review process. It is the

program's intent that the central office staff review all proposed activities

requiring the use of state-owned lands within the preserve.

Sections 258.42 through 258.44, F.S., establish the legal context within which

all proposed uses of the aquatic preserve must be evaluated.

Essentially, these sections require that projects be basically water dependent

or water-enhanced, not contrary to the lawful and traditional uses of the

preserve, and not infringing upon the traditional riparian rights of the

upland property owner.

The primary mechanism through which proposed uses are reviewed is accomplished

by participation in the state lands management process as established by

Chapter 253, F.S., and modified by Chapter 258, F.S. The central office was

administratively designated, on October 4, 1982, as an agent of the Trustees,

for the purposes of evaluating the environmental consequences of proposed uses

of state-owned lands within aquatic preserves.

In conducting the environmental evaluations, the central office staff will

rely heavily upon the most current, readily available data such as Department

of Transportation (DOT) aerial photography, LANDSAT imagery, DER biological

reports, and other data resources. If a proposed activity is legally consis-

tent with the maintenance criteria outlined in Section 258.42, F.S. and

74 -

Chapter 18-20, F.A.C., and is generally of negligible environmental concern,

then the project review will likely be conducted in its entirety by the

central office staff, utilizing the generalized environmental data.

The field personnel will be requested to conduct a more detailed environmental

assessment of the project if the central office staff, during the course of

the preliminary application review, determine s that the requested use of

state-owned lands may have a significant effect upon the environmental integ-

rity of the preserve. Copies of all applications received will be provided to

the field personnel for project monitoring and assessment of the possible

cumulative impacts.

Field personnel will be encouraged to establish direct communication links

with the various regulatory and management agencies for purposes of obtaining

advance notification of projects potentially affecting the preserve. All

environmental review and assessments, however, will be channeled through the

central office unless other arrangements have been previously cleared with the

central office.

While the State Lands Management Program authorized by Chapters 2_53 and 258,

F.S. and Chapter 18-20 and 18-21, F.A.C. is expected to be the primary manage-

ment implementation vehicle for the aquatic preserve, it is by no means the

only vehicle. Section 253.77, F.S., as amended, and the December 1982

Memorandum of Understanding between the COE, DER and DNR provide direct access

to DER's permitting process for DNR. The Development of Regional Impact (DRI)

and other regional or state level review processes represent other implemen-

tation mechanisms. The basic review approach and the evaluation relationship

75 -

between the field personnel and the central office staff will be the same as

the case involving the State Lands Management program.

One aspect of the aquatic preserve review and evaluation program is the

identification of proposed activities that are either generally or specifi-

cally prohibited. Immediately upon review of such project applications, the

central office staff will notify the Division of State Lands (or other program

managers) that the proposed activity is legally unapprovable for the stated

reasons. For those proposals which are subject to denial due to their adverse

environmental impacts, even though the activity may be permissible, Section

258.42, F.S., specifically provides that:

"(1) No further sale, lease, or transfer of sovereignty submerged lands

shall be approved or consummated by the trustees except when such

sale, lease, or transfer is in the public interest.

(2) The trustees shall not approve the waterward relocation or setting

of bulkhead lines waterward of the line of mean high water within

the preserve except when public road and bridge construction

projects have no reasonable alternative and it is shown to be not

contrary to the public interest.

(3) (a) No further dredging or filling of submerged lands shall be

approved by the trustees except the following activities may be

authorized pursuant to a permit:

76 -

1. Such minimum dredging and spoiling as may be authorized for

a public navigation project.

2. Such minimum dredging and spoiling as may be authorized for

creation and maintenance of marinas, piers, and docks and

their attendant navigation channels.

3. Such other alteration of physical conditions as may, in the

opinion of the trustees, be necessary to enhance the

quality or utility of the preserve or the public health

general ly.

4. Such other maintenance dredging as may be required for

existing navigation channels.

5. Such restoration of land as authorized by Section

253.124(8).

6. Such reasonable improvements as may be necessary for public

utility installation or expansion.

7. Installation and maintenance of oil and gas transportation

facilities, provided such facilities are properly marked

with marine aids to navigation as prescribed by federal

law.

77 -

(b) There shall, in no case, be any dredging seaward of a bulkhead

line for the sole or primary purpose of providing fill for any

area landward of a bulkhead line.

will not prohibit the state from leasing the oil and gas rights

and permitting drilling from outside the preserve to explore

for oil and gas if.approved by the board.

(d) There shall be no excavation of minerals, except the dredging

of dead oyster shells as approved by the Department of Natural

Resources.

(e) There shall be no erection of structures within the preserve;

except:

1. Private docks for reasonable ingress or egress of riparian

owners;

2. Commercial docking facilities shown to be consistent with

the use or management criteria of the preserve; and

3. Structures for shore protection, approved navigational

aids, or public utility crossings authorized under

subsection (3)(a).

78 -

(f) No wastes or effluents shall be discharged into the preserve

which substantially inhibit the accomplishment of the purposes

of this act.

(g) No nonpermitted wastes or effluents shall be directly

discharged into the preserve which substantially inhibit the

accomplishment of the purposes of this act."

Generally, applicants desirous of appealing staff recommendations will have to

follow those appellate procedures outlined in the appropriate authorizing

statutes. in the case where applications requesting the use of state-owned

lands are denied, three appellate procedures are available to the applicant.

Depending upon the type of application submitted, an applicant may:

a. Ask the Governor and Cabinet to overturn an application decision rendered

by the Executive Director of Department of Natural Resources (or his

designee) under a delegation of authority;

b. Request an Administrative Hearing under the procedures outlined in

Chapter 120, F.S.; or

C. Appeal the action of the Board of Trustees of the Internal Improvement

Trust Fund to the District Court of Appeal.

70, -

3. Liaison Between Field Personnel and Other Interested Parties

One of the most important aspects of the field personnel's job is to establish

a mutually beneficial communication link with pertinent interest groups. The

central office staff will assist in initially identifying and contacting

governmental bodies, special interest groups and interested individuals

requiring aquatic preserve program coordination.

When requested by the onsite managers, the central office staff will assist in

arranging for specialized management expertise not generally available

locally. This may include, for example, such things as arranging for DAHRM to

conduct a detailed cultural resource assessment for certain areas of the

preserve.

so -

Chapter VI

MANAGEMENT IMPLEMENTATION NETWORK

This chapter of the management plan will address the various relationships of

aquatic preserve management to the different government agencies and programs,

non-government entities, interest groups, and individuals within the aquatic

preserve area. The activities of both field personnel and central office

staff as they relate to these other organizations will be presented.

A. FEDERAL

Many federal agencies have property interests, land and wildlife management

programs, research activities, construction activities, and regulation

programs existing or potentially existing within the aquatic preserve, The

objective of the aquatic preserve management program will be to complement the

various activities wherever possible. The field personnel will assist those

federal agencies in areas where they have common goals. The field personnel

and central office staff will also review the federal activities as to their

effect on the objectives of the aquatic preserve management. The review shall

be coordinated through the DER's Office of Coastal Management for the purposes

of enforcing the provi-sions of the Federal Coastal Zone Manage- ment Act of

'A 1972, as amended.

A
1. United State Fish and Wildlife Service. The Aquatic Preserve program will

be involved in the review of proposed preserve uses in conjunction with the

Fish and @Wdlife Service in Panama City. The USFWS reviews dredge and fill

requests and other federal level permitting under the Fish and Wildlife

Coordination Act.

Another management program in which the field personnel could possibly

interact with the Fish and Wildlife Service is the protection and recovery of

endangered species and bird rookeries within the aquatic preserve. Field

personnel will become involved in using available recovery techniques for this

purpose, as necessary.

2. U.S. Army Corps of Engineers. The U S. Army Corps of Engineers (COE) is

charged with providing technical guidance and planning assistance for the

nation's water resources development. The COE also provides supervision and

direction to many engineering works such as harbors, waterways and many other

types of structures. Their major responsibility, as it applies to the aquatic

preserve, is the protection of navigable waters, pollution abatement and

maintaining water quality and the enhancement of fish and wildlife.

The COE activities in the St. Joseph Bay area include their involvement with

the DER in the dredge and fill permitting process, technical oversight of

channel, inlet and canal maintenance, and evaluating requests for new

channels, canals and other such public works projects. The field personnel

will become familiar with the-various programs, policies a.nd-procedures as

they apply to the aquatic preserve.

The field personnel and central office staff will also review activities

proposed by the COE for conformance to the objectives of the aquatic preserve

management plan. This involvement should begin in the early stages of project

planning in order to facilitate the best protection of the aquatic preserve

possible.

3. U.S. Geological Survey. The U.S. Geological Survey (USGS) under the

Department of the Interior has the responsibility to perform surveys,

investigations, and research pertaining to topography, geology, and the

mineral and water resources of the United States. USGS also publishes and

disseminates data relative to those preceding activities. In the past the

USGS has conducted many studies on various resources in the region.

The field personnel and central office staff will become familiar with these

studies and the data results as they apply to their management activities.

4. U.S. Environmental Protection Agency. The U.S. Environmental Protection

Agency (EPA), in cooperation with state and local governments, is the federal

agency responsible for the control and abatement of environmental pollution.

The six areas of pollution within which the EPA is concerned are air, water,

solid waste, noise, radiation and toxic substances. The DER is the state

agency responsible for handling most of these programs on a state level in

lieu of a federal program. Within the aquatic preserve, the field personnel

will assist the EPA in planning field activities and where there are common

goals.

5. U.S. Coast Guard. The U.S. Coast Guard is the federal agency involved in

boating safety, including search and rescue, and investigation of oil spills.

The Coast Guard is also charged with the permitting of structures which affect

navigation and boating safety. These structures include bridges, causeways,

aerial utilities and other structures which may be in conflict with naviga-

tional uses. The field personnel, in conjunction with the central office

staff, will also review projects which the Coast Guard may be evaluating for

permits.

6. National Marine Fisheries Service. The National Marine Fisheries Service

(NMFS) under the U.S. Department of Commerce is active in the St. Joseph Bay

area in recording commercial fish landings. The NMFS also has enforcement

officers in the area checking for illegal fishery activities. The field

personnel will work with these personnel whenever they have common goals

within the aquatic preserve.

B. STATE

Many state agencies have programs which affect the resources or regulate

activities within the aquatic preserve. There are other DNR programs that are

within or affect the St. Joseph Bay Aquatic Preserve management.

1. Department of Environmental Regulation. The Department of Environmental

Regulation (DER) is the state agency in charge of state-wide regulation of

water quality. The DER is also the local contact in the aquatic preserves

area for the initiation of dredge and fill applications in conjunction with

the COE and DNR. With respect to water quality and dredge and fill regula-

tion, the DER is one of the most important agencies to the management of the

aquatic preserve. Maintaining water quality in the preserve is critical to

the health of the estuarine complex, and dredge and fill activities are one of

the most potentially destructive activities affecting water qualtiy within the

preserve. The DER also monitors and regulates other potential forms of pollu-

tion, such as air pollution, wastewater discharges, and hazardous waste, all

of which can affect the ability to maintain essential natural conditions.

The field personnel will become familiar with the water quality, dredge and

fill, and other regulatory programs that are important to the aquatic

preserve. The field personnel should develop a close working relationship

with DER staff and become familiar with DER field activities and programs that

are in common with the objectives of the aquatic preserve management program.

The field personnel should open the most efficient line of communication with

the local offices to receive advanced copies of the permit applications from

DER to improve the response time within the review process.

The DER, Office of Coastal Management is charged with coordinating activities

related to coastal management in the state and reviewing federal actions for

consistency with the State Coastal Management program, Section 380.20, F.S.

The central office staff will maintain a close relationship with the Office of

Coastal Management for assistance in the review of federal actions, data and

research needs, and other program suppo rt.

2. Department of Community Affairs. The Department of Community Affairs

(DCA) is responsible for determining Developments of Regional Impact (DRI) and

for recommending to the Administration Commission Areas of Critical State

Concern (ACSC). DRI's are major developments that have impacts on a scale

which is greater than county level and require a regional review from

neighboring local governments and state agencies. Both the central office

staff and field personnel of the aquatic preserve program will be involved in

85 -

reviewing DRI's. The field personnel should receive notice of a DRI through

the central office staff and will proceed with the field review. The central

office staff will coordinate the field review findings and work with the other

state agencies in Tallahassee in the review of the DRI.

The ACSC program is intended to protect the areas of the state where unsuit-

able land development would endanger resources of regional or statewide

significance. When an area is identified as a possible ACSC, a Resource

Planning and Management Program (RPMP) is established. The RPMP evaluates the

resources, and the local government's land development practic es. After this

evaluation is complete, the RPMP committee makes recommendations to the local

governments on how their land development practices could be improved to

ensure an orderly land well-planned growth that would protect the critical

resources. When these modifications are not made to the RPMP committee's

approval, areas of local government that are not in conformance could be

designated an ACSC or the entire area may be designated an ACSC by the

Legislature. Gulf County has been designated as an ACSC with the exception of

areas east of the intersection of U.S. 319 and 98. This exclusion encompasses

the entire St. Joseph Bay Aquatic Preserve.

Under an ACSC designation, the local governments are required to notify DCA of

any application for a development permit. The entire land development process

will require the state's oversight until that local government modifies its

land development practices to conform to the ACSC requirements.

3. Department of Natural Resources. The aquatic preserve management program

is associated with several other Department of Natural Resource (DNR) programs

in the St. Joseph Bay area.

DNR's Marine Research Laboratory in St. Petersburg, under the Division of

Marine Resources, has several programs and projects within this area which

will benefit the aquatic preserve program. The Marine Lab is presently

studying fishery habitat losses in the St. Joseph Bay area. The Resource

Protection Area mapping, which will be used in the management of these aquatic

preserves, was created as a product of that fishery habitat loss study. The

data from this project, when it is completed, will be incorporated into this

management plan. The field will become familiar with this study and will

consult the Marine Lab for their data needs whenever possible.

The Division of Marine Resources also handles the permitting for the collec-

tion of certain marine species and use of certain chemicals. The field and

central office staff will become familiar with this permitting process and

request notification of these permits within the aquatic preserve.

The Marine Patrol, under DNR's Division of Law Enforcement, also operates in

St. Joseph Bay. The field personnel will become familiar with their programs

and operation, and will ca.11 on the Marine Patrol for law enforcement support

as required.

The Division of State Lands within the DNR is charged with overseeing uses,

sales, leases or transfers of state-owned lands. The aquatic preserve staff

will interact with State Lands in all transactions concerning submerged lands

within the aquatic preserve. These would include the potential acquisition of

privately titled submerged lands or contiguous uplands important to the integ-

rity of the preserve. This relationship is more fully described in Chapter

V(C).

The Division of Resource Management, through the Bureau of Geology and Aquatic

Plant Research and Development, is responsible for various programs poten-

tially affecting the aquatic preserve. Staff will establish communication

links with this Division to ensure that adequate consideration is given to

potential impacts upon the preserve that may result from the conduct of their

various programs.

The Division of Recreation and Parks, in addition to the work related to

aquatic preserves by BLARM and the Florida Park Service, is also involved in

the management of State parks and recreation areas nearby. The aquatic

preserve program will work closely with these programs as they relate to

aquatic preserve management objectives.

4. Marine Fisheries Commission (MFC). The MFC was established as a rule-

making authority pursuant to Section 370.027, F.S. The seven members are

appointed by the governor and are delegated full rule making authority over

marine life (subject to approval by the Governor and Cabinet), with the

exception of endangered species. This authority covers the following areas:

a) gear specifications, b) prohibited gear, c) protected species, g) closed

areas, h) quality control codes, i) seasons, and j) special considerations

related to egg bearing females and oyster and clam relaying. The field

personnel and central office staff will become familiar with and enforce the

rules of the MFC.

The MFC is also instructed to make annual recommendations to the Governor and

Cabinet regarding marine fisheries research priorities. The field and central

office staff will use these recommendations to direct research efforts within

the aquatic preserve.

5. Florida Game and Fresh Water Fish Commission. (GFWFC) The GFWFC's

Environmental Services office in Tallahassee sends biologists into the

preserve to review projects which may have potential impacts on local fish and

wildlife habitat as necessary. The central office will use the GFWFC's

assistance in their review process, when possible, and in developing fish and
wildlife management @or the aquatic preserve.

The GFWFC also has law enforcement officers working in this area. The field

personnel will interact with these officers where there are common goals.

The GFWFC is also the state coordinator of the Non-Game Wildlife and the

Endangered Species Programs in Florida. The Field personnel and central

office staff will work with GFWFC personnel in developing program needs in

this area.

6. Department of Transportation. (DOT) The DOT has its State headquarters

office in Tallahassee and District office in Chipley, and the aquatic preserve

field personnel and the central office will work with the resident engineer on

anticipated projects having possible impacts on the aquatic preserve. The

field personnel and administrative staff will review any major highway or

bridge projects that may be proposed in the future.

7. Department of State. The Division of Archives, History and Records

Management (DAHRM) in the Department of State will have a close working

relationship with the field personnel and central office staff in the protec-

tion of archaeological and historical sites. The field personnel will be

directed by DAHRM, through the central office, in any activities or management

policy needs for these sites.

8. Health and Rehabilitative Services. (HRS) Both the central office staff

and field personnel will establish communication and coordination linkages

with HRS and their locally conducted programs of septic tank regulation and

mosquito control. Although mosquito control serves a useful public function,
the effects of pesticides (adulticides and larvacides) in the waters of the

preserve are a primary concern. Additionally, the central office staff will

become involved in future meetings and management programs developed by the

Governor's Working Group on mosquito control. Subsequent policy recommenda-

tions coming out of this group will be evaluated for applicability to the

ongoing aquatic preserve management program.

C. REGIONAL

The regional level of the management implementation network as it applies to

the St. Joseph Bay Aquatic Preserve will include the Northwest Florida Water

Management District, The Apalachee Regional Planning Council, and the Florida

Inland Navigation District. These organizations have activities that are

broader than the local government, but are on a smaller scale than the state

level.

1. Water Management District. The Northwest Florida Water Management

District includes Gulf County. The water management district administers

permitting programs for consumptive water use, management and storage of sur-

face waters well drilling and operation, regulation of artificial recharge

facilities, and works of the district. This includes the withdrawal and use

of water from rivers, streams, and wells. The types of water uses they permit

in the preserve area include irrigation and public water supply. The field

personnel will become familiar with the review and permitting procedures as

they might apply to water supply in this basin. The water management district

is also involved in various studies on water supply and management, and other

related research that may be of use to aquatic preserve management.

2. Regional Planning Councils. The Apalachee Regional Planing Council (ARPC)

serves as a regional planning body for the local government of Gulf County.

Other northwest Florida counties are served by these regional planning

councils, as well. Among its duties, the ARPC:

a. aids local governments with planning expertise;

b. is the regional representative for the Development of Regional

Impact (DRI) review process;

c. serves as regional clearinghouse for state and federal projects and

programs;

e. conveys information from the local governments to the state and

federal levels; and

f. prepares and administers the regional policy plan.

The field personnel will become familiar with the various projects, programs,

and data sources that the ARPC has within their administration that may affect

or prove useful to the aquatic preserve program.

The DRI review of projects which affect the aquatic preserves will be reviewed

by the central office staff, with the field personnel's field review, when

necessary. DRI's for large marinas, large subdivisions on the uplands above

the preserve, and commercial or industrial developments will require a field

review by the field personnel as to their effect on the aquatic preserve.

D. Local Governments and Special Districts

The field personnel serve as local liaison to these local government entities

for the aquatic preserve to assist them in modifying their policies and

practices to conform to the objectives of the aquatic preserve's management

plan, and to exchange information and expertise for mutual benefits.

1. Relationship to local management plans: Local (municipal and county)

governments are required by the Local Government Comprehensive Planning Act of

1975 (Section 163.3161, F.S.) Fas ammended by Chapter 85-55, Laws of Florida,

to the Local Government Comprehensive Planning and Land Development Regulation

Act] to update their local plans and among other requirements adopt land

development regulations and improve coastal management protection. The

coastal management element of the LGCP along with the land use and conser-

vation elements establishes long range plans for orderly, and balanced

development, with particular attention to the identification and protection of

environmental resources in the planning area. Conformance with the criteria,

policies and practices of a local government comprehensive plan is required

for all development within the local governmental jurisdiction.

The intent of the aquatic preserve management program and this plan is to

guide Gulf County government during its comprehensive planning toward

developing local plan criteria and standards to be consistent with the

objectives of the aquatic preserve program. Field personnel will become

acquainted with local planning efforts and local officials and lend assistance

for this purpose.

2. Relation to local development codes. The local zoning and development

codes (e.g. building codes) provide the major local regulation that defines

what an owner can do on a particular parcel of property. The zoning

prescribes the allowable uses and the intensity of those uses. Certain uses

along an aquatic preserve can potentially have a profound effect on a

preserve.

This section will operate in conjunction with the preceding section on local

management plans. The field personnel will become familiar with the local

zoning, development codes and their potential effects on the nearby aquatic

preserve. The field personnel will assist local planning and zoning officials

in identifying areas where changes in zoning would better conform to the

objectives of environmental protection for the aquatic preserve management.

The field personnel will also offer to assist local planning and zoning

officials in the review of proposed subdivisions upland of the preserve.

3. Special Districts (Drainage, Inlet and Mosquito Control). The special

districts are taxing districts established to correct drainage and mosquito

control problems. Gulf County has a m osquito control district, but no special

drainage or inlet districts. These districts may not have an official

comprehensive management plan, but they do have management policies and

program statements that are similar to such a plan. The field personnel will

become familiar with these policies and the activities of these districts and

will monitor their effect on the aquatic preserve. For example, the field

personnel might recommend identifying areas that should not receive mosquito

spraying or other alternative management because of remoteness to inhabited

areas and because of possible damage to the resources of the aquatic preserve;

or drainage districts might be asked not to use certain types of herbicides or

to use them only at certain times of the year.

E. Other Entities

This section will apply to the numerous entities that have an interest in the

aquatic preserve but are non-governmental agencies. This includes the

environmental interest groups (i.e. Audubon Society, Sierra Club and Native

94 -

Plant Society), the fishing and sports interest groups (i.e., Florida League

of Anglers, Organized Fishermen of Florida), the universities that may have

research activities in the preserve (i.e., Florida State University), the

Marine Fisheries Commission that will delegate rules and regulations

concerning fishing and shellfish harvesting in the aquatic preserve, and other

interest groups or individuals. The relationship of these entities to aquatic

preserve management might include the coordina- tion of activities, such as

scientific research, environmental education, management of rookeries or other

natural areas, or numerous other possibl e activities. A worthwhile aquatic

preserve management process will depend on the continued support and help of

these interest groups in all of the aquatic preserves. The field personnel

will be active in communicating the aquatic preserve management process and

activities to the various groups and consulting with them for their help in

their areas of expertise.

Chapter VII

PUBLIC USES

This chapter addresses the public use of the aquatic preserve. The public in

this case shall refer to the general public or those persons without riparian

rights. The "Florida Aquatic Preserve Act of 1975" (Section 258.35, F.S.)

allows for the lawful and traditional public uses of the aquatic preserve,

such as sport fishing, boating and swimming (as adapted from Section

258.43(l), F.S.) These and other traditional uses that do not involve a

commercial intent or the use of a riparian right to place a structure in the

preserve, and do not degrade or otherwise destroy the preserve will be con-

sidered public uses. This section will be further divided into consumptive

and non-consumptive uses as applicable to each resource.

A. Consumptive Uses.

Consumptive uses involve the removal of resources from the preserve. These

uses include fishing, hunting, shellfishing, and other related activities.

They also include the unintentional removal of resources by propeller damage

to grassbeds. The management of these uses (see Chapter V, Resource Manage-

ment, Section B: Onsite Management Objectives) will include the observation

and monitoring of the effects of these uses on the resources. The field

personnel will periodically assess the impacts through the use of the Marine

Research Laboratory's LANDSAT capabilities for habitat losses or disturbances

in the St. Joseph Bay area plus any other studies or data sources that might

become available. This management will also include the protection of the

resources from unlawful or excess practices of these uses. The legality of

these uses will be controlled by existing applicable state laws and local

ordinances. Field personnel, for example, will become familiar with and

monitor the success of rules adopted by the Marine Fisheries Commission.

These will include regulations on fishing gear, bag and size limits, closed

areas, seasons, etc.

Consumptive uses will also be monitored for their effect on other resources

(e.g., bird rookeries, marine grassbeds, oyster bars, archaeological and

historical sites). The field personnel will also be sensitive to additional

enforcement needs (i.e., the need for additional enforcement staff during

nesting seasons).

B. Non-consumptive Uses.

These uses are those which do not generally remove resources from the

preserve. Examples of these uses include swimming, diving, boating, bird-

watching and other related activities. The management practices involved with

these uses will be the same as those previously described under Section A.,

except that these uses are not generally controlled by law. 'The guiding

principle in these cases will be whether or not the activity causes a disrup-

tion of the preserve's resources (e.g-,.destroy.s marine grassbeds, or disturbs

rookeries). Only in the event of these disruptions will the field personnel

become involved. Some of these uses may possibly be involved in environmental

education programs (Chapter XI).

Chapter VIII

PRIVATE NON-COMMERCIAL USES

This section will apply to those private, non-commercial uses which are

associated with riparian land ownership. The management of the aquatic

preserve recognizes the traditional riparian rights of upland property owners.

The right of ingress, egress, boating, swimming, fishing and other incidental

uses of sovereignty lands, historically has allowed for the placement of

certain structures, such as docks, within the preserve. The right to make any

preemptive use of sovereign lands is a qualified one and can only be exercised

with the prior consent of the Board after a finding that such uses will not

impair public uses, or destroy or damage areas of environmental significance.

The review of proposed activities will require the interaction of the Resource

Protection Area mapping with administrative and possible field review and

later monitoring by field personnel as projected by Chapter V., Section B.

Private non-commercial uses shall be designed to avoid critical Resource

Protection Areas (Class I and 2) and shall be designed to reduce the uses'

impact to the preserve in general. Individual applications for these private

non-commercial uses shall be reviewed by the applicable Resource Protection

Area Map and criteria. In addition, private dock proposals will be reviewed

by the criteria described in Section 18-20.04(5) F.A.C. of the revised Aquatic

Preserve Rule.

Bulkheads should be placed, when allowed, in such a way as to be the least

destructive and disruptive to the vegetation and other resource factors in

each area. Approved uses which do disrupt or destroy resources on state-owned

lands will require mitigation. This mitigation will include restoration by

the applicant or other remedy which will compensate for the loss of the

affected resource to the aquatic preserve.

Dredging within the aquatic preserve shall be held to a minimum. Dredging

proposals shall be reviewed according to the procedures in Chapter V depending

on the proposed activities location within the RPA. Proposals within Class I
areas [Chapter V(B)(6)] will be scrutinized to the maximum extent in order to

find the best practicable method of development and location if that use is

acceptable in that particular area of the preserve. The mitigation of lost or

disturbed resources shall be required. There shall be no dredging allowed in

Class 1 or 2 areas or in nearby areas if it will adversely impact these areas.

The location of proposed multiple docking facilities, such as for condominium

developments, shall be based on the marina siting criteria described in

Section 16Q-20.04(5) F.A.C. of the revised General Aquatic Preserve Rule.

Authorization of such facilities will be conditioned upon receipt of docu-

mentation evidencing the subordination of the riparian rights of ingress and

egress for the remainder of the applicant's shoreline for the life of the

proposed docking facility.

Non-residential docking facilities (commercial) are addressed in Chapter IX.

The use of seaplanes and airboats within this preserve is seen as a non-

traditional use and this activity is discouraged due to the background noise

they create. Applications for seaplanes and airboats use within the preserve

will be reviewed on a case by case basis. Their use will only be recommended

where the activity will not affect resource protection areas, or the other

natural and aesthetic values of the preserve, or when required in law

enforcement efforts.

Chapter IX

COMMERCIAL USES

This section addresses the variety of traditional and non-traditional (i.e.,

new uses in this area) commercial uses which might occur within the aquatic

preserve. Among the traditional uses in the St. Joseph Bay area are utility

crossings, marinas and yacht clubs, commercial uses.

A. TRADITIONAL COMMERCIAL USES

1. Utility Crossings. There are at present time both aerial and underwater

utility crossings in the aquatic preserve. Future proposals should be

designed so the preserve is crossed by the least destructive method in the

least vulnerable areas according to the RPA maps (Chapter V[C]). Increased or

additional use of any existing utility crossings is preferable, if their

condition at the time of the proposal is acceptable. The field personnel

should eventually develop a utility crossing plan for all areas with antici-

pated utility crossing needs to allow for advance planning, for placement of

these crossings in the best environmental location possible. The utility

crossing plans, when completed, will become a part of this plan. Crossings

should be limited to open wate-r areas to minimize disturbance to marine

grassbeds, salt marshes or other critical habitat areas and should not

interfere with traditional public uses.

2. Commercial Fishing. The management of the aquatic preserve shall not

include the direct management of commercial fishing activities. Field

101 -

personnel will monitor these activities and assess their affects on the

preserve only in conjunction with the Division of Marine Resources, the

Florida Marine Patrol and the Marine Fisheries Commission, and as part of a

cooperative effort with that division. The field personnel will also notify

the requisite authority in the event of illegal activities (Chapter 370, F.S.

or by special act). The field personnel, along with other agencies and

divisions' programs and studies, will monitor fishing activities within the

aquatic preserve. Monitoring will concentrate on boat access into certain

areas, prevention of marine grassbed destruction and other needs of the

aquatic preserve as they are associated with commercial fishing activities.

After problems associated with commercial fishing activities are identified

and documented, the findings will be presented to the Marine Fisheries

Commission. It is the authority of the Commission and the Florida Legis-

lature to regulate commercial fishing within the aquatic preserve.

3. Marinas. The locating of marinas and their related uses will be a major

concern of the St. Joseph Bay Aquatic Preserve management. Marinas represent

a use with many potential impacts on the preserve's resources. The siting

policy of Section 18-20.04(5) F.A.C. of the revised General Aquatic Preserve

Rule shall be used for siting marinas in the aquatic preserves.

4. Other Docking. Any other type of commercial docking, not mentioned in the

preceding sections, will follow the marina siting policy as stated in Section

18-20.04(5) F.A.C. of the revised General Aquatic Preserve Rule.

101,

B. Non-traditional Commercial Uses

1. Deep Water Port Facilities. There are no facilities of this type directly

within the St. Joseph Bay Aquatic Preserve, although the Port of St. Joe is

adjacent. New deep water port facilities within the preserve boundary shall

be prohibited.

2. Power Plants. Power plants have the potential for causing major changes

in the air quality, water quality, and plant and animal life of the aquatic

preserve. For these reasons, they are incompatible with the purposes of this

aquatic preserve. The location of proposed power plants upstream of a

preserve should also be evaluated as to the effects on the downstream

preserve.

3. Aquaculture. The St. Joseph Bay area could potentially have proposals for

aquacultural development in the future. These uses may include floating

structures or other new techniques now being used in aquaculture. The

location type of impacts to the resources will require careful examination.

If there is not sufficient data available for valid evaluation, a small scale

test of the use might be possible in a selected area.

4. Other Uses. Any other use that qualifies as a commercial use of

state-owned submerged lands not mentioned above will require a review for its

anticipated impact on the aquatic preserve and the best location for the

activity compatible to the resource protection areas within each preserve.

103

Chapter X

SCIENTIFIC RESEARCH

The field personnel attached to the St. Joseph Bay Aquatic Preserve in the

future will serve as the area coordinators of scientMc research in the

preserves. Scientific research, and any other type of research or testing

within the aquatic preserve, should require the clearance of both the field

personnel and the central office staff before these activities can proceed.

Certain activities could be detrimental to the resources of the preserve and

should be carefully reviewed before allowing them to occur. Factors including

location, specific procedures, and time of year, should be carefully reviewed

for the possible disturbance or effect of the research on the other resources

of the aquatic preserve. The field personnel will be aware of the possibility

of working with other government agencies, colleges, universities, research

foundations and government programs to fill the data needs of the aquatic

preserve (see Chapter V and XII). The field personnel will assist in the

selection of possible test sites and other research needs within the preserve.

104

Chapter XI

ENVIRONMENTAL EDUCATION

The aquatic preserve should be used to enhance environmental educational

programs at every opportunity. The goal of maintaining the aquatic preserve

for the benefit of future generations can begin to be realized through the use

of aquatic preserves for environmental education. Through education, the

youth of Gulf County can acquire a knowledge of the natural systems and an

appreciation for the aquatic preserve program.

The field personnel will, through their normal activities in the aquatic

preserve, select good examples of habitats and resources within these aquatic

environments for use during educational group tours. This might include the

development of environmental educational boat or canoe tours through the

preserves. Other educational activities might also include prepared presen-

tations for specific interest or user groups such as sport (boating, diving,

fishing, etc.), civic and conservation groups and the development of a

brochure outlining the major points of management within the preserve. These

brochures could then be circulated to the various user groups. The field

personnel will also prepare programs on the value of management activities of

the aquatic preserve for presentation to interested groups of all ages.

Educating the public about aquatic preserve management is the key to the

success and future of the preserve.

The environmental education activities of the St. Joseph Bay Aquatic Preserve

may be coordinated with the public information and education program of the

i05

Apalachicola National Estuarine Research Reserve. The educational goals of

the preserve and reserve are similiar. A cooperative effort between both

programs and a sharing of resources would strengthen the educational impact of

each. Educating the public about St. Joesph Bay and related resources is the

key to the success and future of the preserve.

106

Chapter XIT

TDENTIFIED PROGRAM NEEDS

This chapter of the management plan will address the various internal program

needs that are expected to be identified during management activities. Meet-

ing these needs will correct or generally relieve some stress on the preserve

or the personnel involved in the management of the aquatic preserve. These

needs may, in some cases, require legislative or administrative rule changes

or acquisition of critical areas by the State. The need to identify problem

areas and adjust the management plan in a manner that will positively address

these problems and management needs is an essential element of any good

management program. Both field personnel and central office staff will

continually monitor the management plan implementation process and specifi-

cally identify observed program needs and problems. The areas to be

considered include, but are not limited to:

A. acquisition of additional property,

B. boundary problems,

C. legislative needs,

D. administrative rule changes,

E. data needs,

F. resource protection capabilities, and

G. funding and staffing needs.

107

Staff will annually develop an implementation status report that will contain

a summary of identified management needs and suggested measures to be taken in

meeting these needs.

A. Acquisition of Additional Property

There are areas both within and upland of the aquatic preserve that are in

public ownership under the 'Jurisdiction of various local, state and federal

agencies. Many of these lands contain important resources, such as bird

rookeries, archaeological or historical sites, endangered species habitat, and

freshwater source wetlands as well as other wetlands. The protection of these

areas is necessary to the wilderness preserve designation areas. Formal

management agreements, memoranda of understanding, etc. that will ensure the

compatible management of these areas will be developed. Other areas within or

adjacent to the preserve that are in private ownership should be closely

examined to determine the advisability of bringing them into public ownership.

The acquisition of these lands might act as a buffer to critical resources,

prevent development of sensitive areas, allow the restoration of areas

adversely affected by previous development or allow removal of disrupting uses

within a preserve. The field personnel, during normal management activities,

should be aware of significant upland areas and sovereign land conveyances

which, if developed, would compromise the integrity of the aquatic preserve.

The field personnel will keep a running record of these areas and will

prioritize these areas for possible public acquisition.

108

B. Boundary Problems and Systems Insufficiencies

The boundaries of the aquatic preserve are often political lines or artificial

delineations of the natural systems within and surrounding the preserves. The

field personnel, in their normal management activities, will be sensitive to

the possible need for boundary modifications in areas where resources would be

better protected. Potential boundary changes might include areas adjacent to

the present boundary or previously conveyed sovereign lands. Any boundary

change will require legislative approval.

C. Legislative Needs

Management needs could involve changes in the legislation pertaining to

aquatic preserves or changes in the other statutes upon which aquatic preserve

management is based. These changes may include boundary realignments or the

strengthening of certain management authorities.

D. Administrative Rule Changes

Administrative rule statements addressing the organization, procedures and

practices used in the implementation of aquatic preserve management plans and

policies. This process includes identifying problems within the Departmentof

Natural Resources, as well as other agencies, that affect the management of

the preserve.

109

E. Data (Information) Needs

The field personnel and central office staff will note data needs and promote

research or other means to fulfill them. Data needs in the near future could

possibly be supplied by such ongoing projects as the U.S. Geological Survey's,

and Northwest Florida Water Management District studies, Department of

Environmental Regulation water quality monitoring or by the research of other

agencies. The field personnel will be aware of data needs as they interact

with the various levels of government and with other entities. These data

needs might include additional mapping, ownership information, water quality

data or any other data. The major suppliers of data will probably be other

public agencies that are conducting programs in and around the preserve.

Other potentia 1 sources of data are the colleges and universities that have,

in the past, conducted research projects in the area.

F. Resource Protection and Enforcement Capabilities

The protection of the preserve's resources depends on the Florida Marine

Patrol, in addition to field personnel. These protection needs might also

require additional enforcement support from local government or other state

agencies. The need for additional manpower, authority, equipment or vehicles

for thi-s task will be identified.

The field personnel will become familiar with the staff capabilities of both

the Department of Natural Resources and the other agencies with enforcement

responsibilities in the preserve. Annually, staff should fully assess the

110

effectiveness of the protective and enforcement capabilities of these combined

agencies.

G. Funding and Staffing Needs

The present aquatic preserve management program has been minimally implemented

with funds from a variety of sources and programs. The writing of this man-

agement plan was funded through a grant from the U. S. Office of Coastal Zone

Management, National Oceanic and Atmospheric Administration, and through the

"Coastal Zone Management Act of 1972", as amended.

In order for the management program proposed in this plan to function and

succeed, the program must have sufficient funding and staffing. The workload

required by this program is too much for an interim staff from other programs to

handle in addition to their primary obligations. Funding and staffing needs are

critically important to the success of the aquatic preserve program.

PARTIALLY ANNOTATED BIBLIOGRAPHY
AND IDENTIFICATION OF OTHER KEY RESOURCES

This guide to published and unpublished material used during the research of
this management plan is divided into three main sections. The first section,
covering books, journal articles, and unpublished data, is essentially a
standard bibliographic approach with the additional feature that selected
resources considered to be of particularly pertinent usefulness with regard to
St. Joseph Bay have been annotated. The second section is a short listing of
maps. The third section is a separate listing (in alphabetic order) of
individuals who were helpful in discussing one or more aspects of the Bay;
their assistance is appreciated.

BOOKS, PERIODICALS, and OTHER PUBLISHED and UNPUBLISHED SOURCES

Apalachee Regional Planning Council. Gulf County ComDrehensive Plan.
Blountstown, Florida. 1981.

Apalachee Regional Planning Council. Apalachee Region Hurricane Evacuation
Study: Technical Data Report. B71ountstown, Florida. 1984.

Apalachee Regional Planning Council. Unpublished data on population, housing,
and economy. Compiled in 1985 for staff use.

Board of County Commissioners of Gulf County, Florida. Ordinance 0,84-3
(Permits to drive on the beach). December 11, 1984.

Board of County Commissioners of Gulf County, Florida. Resolution :YS2-29
(Resolution in protest of bay scalloping in St. Ooseph Bay). October
22, 1982.

Eidemiller, Julia Anne rAnne Rudloel. Sionificant Associations of the Motile
Epibenthos of the turtle Grass*Beds oil St. JoseQh Bay, Florioa. MS
Thesis, Florida State University, Tallahassee, Florida. june 1972.
Abstract: Faunal collections taken from Thalassia beds in St. Joseph Bay
were catalogued and evaluated for affinities between groups,
relationships of associates to their groups, and differences and
similarities within recurrent groups.

Fernald, Edward A., et al. Guidelines for Manaqing Florida's Aquatic
Preserves. Florida Sta'te Sea Grant Technical Paper, Flori8a State
University, Tallahassee, Florida. February 1977.

Fernald, Edward A., and Donald J. Patton. Water Resource Atlas of Florida.
Florida State University, Tallahassee, Florida. 1984.

Florida Department of Administration. Florida General Soils Atlas for
Planninq Districts I and 1:. Division of State Planning. 777a-hassee,
Florida. 1977.

Florida Department of Commerce. Florida County Comparisons, 1925. Division
of Economic Development, Bur-e-a`u-F Economic Analysis. 7allahassee,
Florida. 1985. Comment: A readily available compilation of comparative
data.

Florida Department of Commerce. Florida Seaports (brochure). 1985.

Florida Department of Environmental Regulation. Permit File r'230984079.
Division of Environmental Permitting, Bureau of Permitting. Talla'hassee,
Florida. 1985.

Florida Department of Environmental Regulation. 'Regional Water Ouality Study:
Sixteen Counties of Northwest Florida. Bureau of Water Quality
Management. Jallahassee, Florida. Tpril 1977.

Florida Department of Natural Resources. Citations Issued in Gulf County,
Florida by the Florida Marine Patrol, 1-980-1984. Unpublished data of the
Division of the Division of Law Enforcement. 1986.

Florida Department of Natural Resources. Vessel Registrations, 1981-1984.
Unpublished data of the Division of Law Enforc;ment, Bure-au of Vesse .I
Titling and Registration. 1,086.

Florida Department of Natural Resources. Summary of Florida Commercial Marine
Landings (annual publication for 1976-1980). Division of Marine
Resources. Tallahassee, Florida.

Florida Department of Natural Resources. Fiscal Year Attendence Trends [for
state parks@. Division of Recreation and Parks, bureau ot Po77y and
Planning. tallahassee, Florida. September 1985.

Florida Department of Natural Resources. Outdoor Recreation in FloridE-1981.
Division of Recreation and Parks. Tallahasse , Florida. Apri7 198-1.

Florida Department of Natural Resources. St. Joseph Peninsula Hawk Micration
(brochure). Division of Recreation and Parks, St. Joseph Peninsul .a State
Park, Port St. Joe, Florida. January 1977.

Florida Department of Natural Resources. Vertebrates Identified in St. Joseph
Peninsula State Park (,brochure). DivT'sion o@Recreation ano Parks.
October 1982.

Florida Department of Natural Resources. Toward a Proactive Marina Siting
Proaram. Division of State Lands. Tallahassee, Florida. April 1985.

Florida Department of State. Confederate Saltworks (Historic Marker).
Division of Archives, History, and Records Management. Cape San Blas,
Florida. n.d.

Florida Department of State. Historic Site Files for Gull' County, Florida.
L,
Division of Archives, History, and Records Management.. Unpublished data.

Counts for Gulf
Florida Department of Transportation. Averaoe Daily Traffic
County, Florida. Division of Planning and Programming. Unpublished
oata.

Florida Game and Fresh Water Fish Commission. Official Lists of Endangered
and Potentially Endanoered Fauna and Flora in Florida. Office of
Environmental Services. Tallahassee, Florida-7.7-TTy-1985.

F1 orida Marine Fisheries Commission. Char)ter 46-16, Florida Administrative
Code: Bay Scallops. May 1985.

Florida Natural Areas Inventory. Element Occurrence Records for the Port St.
Joe, Cape San Blas, St. Joseph Peninsula, and St. Joseph Point USGS
quadrangle maps. Unpublished data, reviewed in April 1-986.

Fldrida Statutes. Chapters 7, 161, and 258. 2985.

Gosselink, J.G., C.S. Hopkinson, Jr., and R.T. Parrondo. Common Marsh Plant
Species of the Gulf Coast Area, Volume 1: Productivity. U.S. Army Corps
of Engineers, Dredged Material Rese Pr6-gram, lechnical Report
D-77-44. Louisiana State University, Baton Rouge, Louisiana. December
1977.

Harold J. Humm. "Sea Grasses of the Northern Gulf Coast." Bulletin of Marine
Sciences o-F the Gull' and Caribbean, Vol. 6, No. 4, (195Z) pp. 305-308.

Keough, Michael J. and Craig M. Young. Effects of Commercial Scallov Fishing.
Florida State Sea Grant Project Appl-ication. 1984. Comment: The
results of this study, being conducted in 1985 and 1986, -w"TTI be of very
great practical value in future decisions regarding the recreational and
commercial harvesting of bay scallops in St. Joseph Bay.

Mahadevan, Selvakumaran et, al. Bibliocraphy of, Benthic Studies in the Coastal
and Estuarine Are-as-of Florida. Florida Sea Grant Project F"T-R-7.0-1-0,
through Mote Marine Laboratory, Sarasota, Florida. August 1984.
Comment: This is an extremely valuable and far reaching compilation of,
resource materials.

McHarg, Ian. Desion with Nature. Doubleday/Natural History Press, New Yorl,
City. 1969. 1

McNulty, 0. Kneeland, William N. Lindall, Jr., and James E. Sykes.
Cooperative Gulf of Mexico Estuarine Inventory and Study, Florida: Phase
1, Area Description. National Oceanic and Atmospheric Administration
Technical RepoFt-NViFS CIRC-368, Seattle, Washington. November 1972.

Milanich, J.T. and C.H. Fairbanks, Florida Archaeology, 1980.

Moore, Donald R. "Distribution of the Sea Grass, Thalassia, in the
United States." Bulletin oft Marine Science of zh-e--G-u7f and Caribbean,
Vol. 13, No. 21 (1-9-63-T.- pp. 329-342.

Northwest Florida Development Council. Comprehensive Plan, Gulf County,
Florida, Port St. Joe, Florida, Wewahitchka, Florida. June 1974.

Northwest Florida Water Management District. Lighthouse Utility Community
Water System Application File. Havana, Florida. Unpublished, reviewed
in March 1986.

Phillips, Ronald C., Mary K. Vincent, and Robert T. Huffman. Habitat
Development Field Investigations, Port St. Joe Seagrass Demonstration
Site, Port St. Joe, Florida, Summary Report. U.S. Army Corps of
Engineers. Dredged Material Research Program, Technical Report D-78-33.
Seattle, Washington. July 1978. Abstract: Shoal grass transplants onto
a dredge disposal spoil site near the Gulf County Canal were monitored
for viability over a 13 month period. Although eventually unsuccessful,
there were unusual extenuating circumstances which may have led to

failure, leading to tentative conclusions that transplanting techniques
would be successful in the future.

Phillips, Ronald C., Mary K. Vincent, and Robert T. Huffman. Observations on
the Ecology and Distribution of the Florida Seagrasses. Professional
Papers Series, Number 2, Florida State Board of Conservation. St.
Petersburg, Florida. October 1960. Comment: This publication should be
considered as one of the principal resources available on the subject of
seagrasses in Florida.

Phillips, Ronald C., Mary K. Vincent, and Robert T. Huffman. "Seagrass Bed
Development on Dredged Spoil at Port St. Joe, Florida." in Roy R. Lewis,
III, and Dorothea P. Cole (Eds), Proceedings of the Fourth Annual
Conference of Restoration of Coastal Vegetation in Florida. Hillsborough
Community College, Tampa,Florida. May 1977.

Port St. Joe Port Authority. Grant Proposal for Federal Assistance to
Construct a Seafood Industrial Park in Port St. Joe. Florida. September
1979.

Research Planning Institute. The Sensitivity of Coastal Environments and
Wildlife to Spilled Oil in the Apalachee Region. Columbia, South
Carolina. 1984.

Rose, Landon T. and Douglas,A. Jones (Eds.). Biological Aspects of Water
Ouality in Florida, Part 1: Escambia-Perdido, Choctawhatchee,
Apalachicola, Arcilla-Ochlocknee-St. Marks, and Suwannee Drainage Basins.
Florida Department of Environmental Regulation, Technical Series, Vol. 4,
No. 3. 1979.

Savastano, Kenneth J., Kenneth H. Faller, and Richard L. Iverson. "Estimating
Vegetation Coverage in St. Joseph Bay, Florida with an Aireborne
Multispectral Scanner," Photogrammetric Engineering and Rematic Sensing,
Vol. 50, No. 8 (August 1984). pp. 1159-1170.

Shoemyer, Anne H. (Ed.). 1985 Florida Statistical Abstract. Bureau of
Economic and Business Research, University oT-71-o-r-iJa-, Gainesville,
Florida. 1965. Comment: One of the most useful, current, and diverse
sources of comparative data.

Stewart, Richard A. Recent Sedimentary History of St. Josenh Bay, Florida.
M.S Thesis, Florida State University, Tallhassee, Florida. August 1962.
Abstract: An analysis of sedimentary core samples of St. Joseph Bay were
ana7y-z-e-d and evaluated to develop theories concerning the origin and
structure of the Bay and the present water circulation and quality and
deposition patterns. Comment: This document was one of the most useful
single resources to whichreference was made during this project.

Teal, John and Mildred. Life and Death of the Salt Marsh. Ballentine books,
New York City. 1969.

Tebeau, Charleton W. A History of Florida. University of Miami Press, Miami,
Florida. 1.971.

United States Army Corps of Engineers. Draft Environmental Impact Statement:
Port St. Joe Harbor, Florida, Main ce Dredging. Mobile, A7-abama.
June 1973. Comment: This document, although dated somewhat, is one of
the best comprehensive studies of St. Joseph Bay.

United States Army Corps of Engineers. Waterborne Commerce of the United
States (separate annual volumes for 1981-!983). U.S. Government Printing
Of-Ifice, Washington, D.C.

United States Army Corps of Engineers. Water Resources Inventory of Northwest
Florida. Mobile, Alabama. SeptemCer 1-977.

United States Conoress. Coastal Barriers Resources Act (PL 99-348).
Washington, D.C. 1980.

United States Fish and Wildlife Services. Florida Coastal Ecolooical
Characterization: A Socioeconomic Study of the Northwestern Region (in 3
volumes). Slidell, Louisiana. August 1963'.

U
-ed States Fish and Wildlife Services. IMDacts of Navina@ional Dredging on
ni 46 L L
Fish and Wildlife: A,Literature Review. Washington, D.C. September
1980.

D.R. Williams. Marine Grass Bed Inventory, North Florida Coast.
Environmen onitoring Systems Laboratory, Ottice oT Research and
Development, U.S. Environmental Protection Agency. Las Vegas, Nevada.
October 1980.

MAPS

Florida Department of Natural Resources. "Map of St. Joseph Bay Aquatic
Preserve." Prepared by Division of Recreation and Parks, Bureau of Land and
Aquatic Resource Management. 1986.

Florida Department of Transportation. "General Highway Map, Gulf County,
Florida." Prepared by Division of Plannning and Programming, State
Topographic Office, December, 1985.

United States Department of Commerce. "Nautical Chart 113931: Florida
Intercoastal Waterway, Lake Wimico to East Bay." Prepared by National Oceanic
and Atmospheric Administration," National Ocean Survey. July 1982.

United States Department of the Interior. "Gulf Coast Ecological Inventory
(1:259,000 series): Apalachicola, Florida." Prepared by United.States Fish
and Wildlife Service. 1982.

7.5 Minute Orthophotomap Quadrangle for: Port St. Joe, Cape San Blas, St.
Joseph Peninsula, and St. Joseph Point. Prepared by United States Geological
Survey. 1982.

INDIVIDUALS

Douglas Barr, Northwest Florida Water Management District

David Bickner, Bureau of Permitting, Division of Environmental Permitting,
Department of Environmental Regulation

Gary Bishop, Bureau of Survey and Mapping, Division of State Lands,
Department of Natural Resource.

Henry Bittacker, Bureau of Resource Management, Division of Resource Plannin g
and Management, Department of Community Affairs.

Dan Christie, Gulf County Property Appraiser's Office

Emmett Foster, Bureau of Coastal Engineering and Regulation, Division of
Beaches and Shores, Department of Natural Resources.

Al Gregory, Office of Policy and Planning, Division oil Recration and Parks,
Depar tment of Natural Res ources

Robert Groce, Soil Conservation Service Liaison with the Department of
Community Affairs..

A.L. Hanison, Gulf County Sheriff.

David Heil, Bureau of Marine Resource Regulation and Development, Division of
Marine Resourced, Department of Natural REsources.

Charles Horne, Bureau of State Land Management, Division of State Lands,
Department of Natural Resources.

Chris Howell, Northwest Florida Water Management District

Richard Iverson, Department of Oceanography, Florida State University.

Doug Kent, Gulf County Environmental Health Director.

Mel Lehman, Alvaney Lehman and Associates, Gainesville, Florida.

Steve Leitman, Office of the Secretary, Department of Environmental Regulation

Robert Livingston, Biology Department, Florida State University

DeWayne Manuel, Gulf County Building Inspector

Woody Miley, Apalachicola National Estuarine Reserve, Apalachicola, Florida

Jim Mullar, Florida Natural Areas Inventory

Don Ray, Northwest District Office, Department of Environmental Regulation

Jack Rudloe, Gulf Specimen Company, Panacea, Florida

Bob Schut-te, Bureau of Economic Analysis, Division of Economic Development,
Department of Commerce

Lewis Shelfer, Florida Marine Patrol, Division of Law Enforcement,Department
of Natural Resources

Tom Swihart, Bureau of Water Quality Management, Division of Environmental
Programs, Department of Natural Resources

Lewis Tesar, Bureau of Historic Preservation, Division of Archives, History,'
and Records Management, Department of State

Rosalie Vaught, National Marine Fisheries Service, Panama City, Florida

CONTENTS OF APPENDICES

A. Florida Aquatic Preserve Act of 1975 (� 258.35-258.46, F.S.)

B. Administrative Rules for Florida's Aquatic Preserve (� 18-20, F.A.C.)

C. Administrative Rules for Florida Sovereignty Submerged Lands Management
( 18-21. F.A.C.)

D. Legal Description of St. Joseph Bay Aquatic Preserve (Resolution of the
Board of Trustees of the Internal Improvement Fund, #70-17, dated
November 2,1970)

Appendix A.
Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

use of such areas. 258.331 Penalty for violation of ss. 258.17-258.32.
Mistory-s, 12, Ch 70-355, s 1, Ch 70-439, s. 8, ch 77 126, s, 1, ch, 82-46: s 2, -Any violation by any person, natural or corporate, of
ch 83 265 mended by the provisions of this act or any rule or regulation issued
'Note.-Repealed ettective october 1. 1989. by s 1. Ch. 82-46. as a
s, 2, ch. 83 265, and scheduled lof reve. pursuant to s 11 611 in advance of that hereunder shall be punishable by a fine not to exceed
Oale.
$500 per violation.
History.-S. 12, ch 77-126.
258.29 Atlas of areas.-The Department of Natural
i Resources shall maintain an atlas of wilderness areas, 258.332 Construction of ch. 77-126, Laws of Flori-
on maps of suitable scale. da.-Nothing in this act shall be construed so as to pre-
History-s. 13, ch. 70-355; s, 1, ch. 70-439: s. 9, ch. 77-126. vent the lawful management of water resources by any
of water management district created pursuant to chapter
258.30 Rules and regulations. -The Department 373, or so as to divest any lawful rights acquired prior
Natural Resources shall adopt rules and regulations pre- to the effective date of this act.
scribing a uniform set of general management criteria
History-ts, 13, ch. 77-126.
covering all wilderness areas.
(1) No alteration of physical conditions within a wil- PART III
derness area shall be permitted except to provide:
(a) Minimal use facilities, such as hiking trails, pit toi- AOUATIC PRESERVES
lets, manually operated water pumps, and primitive
258.35 Short title; ss. 258.35-258.394 and
camp sites; and
(b) Minimum management facilities, which may in- 258,40-258.46.
clude boundary fences and unimproved vehicle trails for 258.36 Legislative intent.
258.37 Definitions.
control purposes and emergency access.
(2) The following are specifically prohibited activities 258.38 Types of aquatic preserves.
258.39 Boundaries of preserves.
or uses:
(a) Dredging and dredge spoil dumping; 258.391 Cockroach Bay Aquatic Preserve.
(b) Artificial drainage or impoundments; 258.392 Gasparilla Sound-Charlotte Harbor Aquatic
Preserve.
(c) Farming;
(d) Clearing of land; 258.393 Terra Ceia Aquatic Preserve wastewater or
effluent discharge activities.
(e) Dumping of wastes; 258.394 Guana River Marsh Aquatic Preserve.
(f) Mining;
258.395 Big Bend Seagrasses Aquatic Preserve.
(g) Pesticide spraying, except emergency mea- 258396 Boca Ciega Bay Aquatic Preserve,
sures required to protect public health and spraying for
258.397 Biscayne Bay Aquatic Preserve.
forestry disease control;
258.40 Scope of preserves.
(h) The use of motorized vehicles on land or water
1 258.41 Establishment of aquatic preserves.
except for emergencies or valid management purposes; 258,42 Maintenance of preserves.
and
258.43 @ Rules and regulations.
(i) Removal of timber, except to restore original
258.44 Effect of preserves.
plant communities. 258.45 Provisions not superseded.
(3) All human activity within each wilderness area 258.46 Enforcement; violations; penalty.
shall be subject to special rules and regulations for im-
plementing the intent and purpose of ss. 258.17-258.32 258.35 Short title; ss. 258.35-258.394 and 258.40-
for the particular area involved. 258.46. -Sections 258.35-258.394 and 258.40-258.46
(4) Other uses of a wilderness area, or human activi- shall be known and may be cited as the "Florida Aquatic
ty within the area, although not originally contemplated, Preserve Act of 1975."
may be permitted by the department, but only after a History.-S. 1. ch. 75-172.
formal finding of compatibility made by the department, 258.36 Legislative intent.-It is the intent of the
and subject to reaulation.*
History-s. 14. ch. 70-355: s@ 1. ch. 715-439; s. 10, ch 77-125: 11. 115. ch. 79.4W. Legislature that the state-owned submerged lands in ar-
eas which have exceptional biological, aesthetic, and
258.31 Signs and markers. -Wilderness areas shall scientific value, as hereinafter described, be set aside
be identified by appropriate signs and boundary mark- forever as aquatic pre,@erves or sanctuaries for the bene-
ers. fit of future generations.
Mistory-s. 15, ch. 70-355. history-s. 1, ch. 75-172.

25B.32 Withdrawal of lands from system.-Except 258.37 Definitions.-As used in ss. 258.35 through
pursuant to s. 258.23(2)(b), no part of any wilderness 256.46:
area may be withdrawn from the state wilderness sys- (1) "Aquatic preserve" means an exceptional area of
lem except by resolution of the Dep7rimerit of Natural submerged lands and its associated waters set aside for
Resources and only after notice of such proposed with- being maintained essentially in its natural or existing
drawal is published in each county in which the area af- condition.
(2) "Biological type" means an area set aside to pro-
fected is located, in the manner prescribed by law and
after a public meeting is held, if requested. mote certain forms of animal or plant life or their support-
History-s. 16, ch. 70-355; s. 2. ch. 72-309; s. 11, ch. 77-M. ing habitat.

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F.S.Ii985 STATE PARKS AND PRESERVES Ch. 258

(3) "Aesthetic type" means an area set aside to line of said creek to its intersection with the southerly
maintain certain scenic qualities or amenities, right-of-way of Hall Road; thence proceed westerly
(4) "Scientific type" means an area set aside to main- along said right-of-way to the westerly ordinary high wa-
tain certain qualities or features which have scientific ter line of Sykes Creek; thence southerly along said ordi-
value or significance. nary high water line to its intersection with the ordinary
(5) 'Board" means the Board of Trustees of the Inter- high water line of Newfound Harbor; thence proceed
nal Improvement Trust Fund. southerly along the westerly ordinary high water line of
History.-S. 1, ch. 75-172. Newfound Harbor to the POINT OF BEGINNING.
258,38 Types of aquatic preserves.-Each aquatic (7)(a) Indian River-Malabar to Vero Beach Aquatic
preserve shall be characterized as being one or more of Preserve, as described in the Official Records of Brevard
the following principal types: County in Book 1143, pages 199-202, and in the Official
(1) Biological. Records of Indian River County in Book 368, pages 5-8
(2) Aesthetic. and the sovereignty submerged lands lying within the
(3) Scientific. following described boundaries, excluding those lands
Molory-s, 1, ch, 11,112, contained within the corporate boundary of the City of
Vero Beach as of the effective date of this act: Com-
258.39 Boundaries of preserves.-The submerged mence at the intersection of the north line of Section 31,
lands included within the boundaries of Nassau, Duval, Township 28 South, Range 38 East, and the westerly
St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lu- mean high water line of Indian River for a point of begin-
cie, Charlotte, Pinellas, Martin, Palm Beach, Dade, Mon- ning; thence from the said point of beginning proceed
roe, Collier, Lee, Citrus, Franklin, Gulf, Bay. Okaloosa, northerly, westerly, and easterly along the mean high
Santa Rosa, Hernando, and Escambia Counties, as water line of Indian River and its navigable tributaries to
hereinafter described, with the exception of privately an intersection with the north line of Section 24, Town-
held submerged lands lying landward of established ship 28 South, Range 37 East; thence proceed easterly,
bulkheads and of privately held submerged lands within to a point on the easterly mean high water line of Indian
Monroe County where the establishment of bulkhead River at its intersection with the north line of Section 20,
lines is not required, are hereby declared to be aquatic Township 28 South, Range 38 East; thence proceed
preserves. Such aquatic preserve areas include: southerly, along the easterly mean high water line of In-
(1) The Fort Clinch State Park Aquatic Preserve, as dian River to the most westerly tip of Blue Fish Point in
described in the Official Records of Nassau County in said Section 20, thence proceed southwesterly to the in-
Book 108, pages 343-346, and in Book 111, page 409. tersection of the westerly mean high water line of Indian
(2) Nassau River-St. Johns River Marshes Aquatic River with the north line of Section 31, Township 28
Preserve, as described in the Official Records of Duval South, Range 38 East and the point of beginning: And
County in Volume 3183, pages 547-552, and in the Offi- also commence at the intersection of the i orthern Vero
cial Records of Nassau County in Book 108, pages 232- Beach city limits line in Section 25, Township 32 South,
231, Range 39 East, and the westerly mean high water line
(3) Pellicer Creek Aquatic Preserve, as described in of Indian River for the point of beginning: Thence from
the official Records of St. Johns County in Book 181, the said point of beginning proceed northerly, along the
pages 363-366, and in the Official Records of Flagler westerly mean high water line of Indian River and its nav-
County in Book 33, pages 131-134. igable tributaries to an intersection with the south line
(4) Tomoka Marsh Aquatic Preserve, as described in of Section 14, Township 30 South, Range 38 East;
the Official Records of Fla,le, Count, in Boo, 33, pages thence proceed easterly, along he easterly projection
135-138, and in the Official Records of Volusia County of the south line of said Section 14, to an intersection
in Book 1244, pages 615-618. with the easterly right-of-way line of the Intracoastal Wa-
(5) Mosquito Lagoon Aquatic Preserve, as de- terway; thence proceed southerly, along the easterly
scribed in the Off icia) Records of Volusia County in Book right-of-way line of the Intracoastal Waterway, to an in-
1244, pages 619-623, and in the Official Records of Bre- tersection with the northerly line of the Pelican Island Na-
vard County in Book 1143, pages 190-194. tional Wildlife Refuge; thence proceed easterly, along
(6) Banana River Aquatic Preserve, as described in the northerly line of the Pelican Island National Wildlife
the Official Records of Brevard County in Book 1143, Refuge, to an intersection with the easterly mean high
pages 195-198, and the sovereignty submerged lands water line of Indian River; thence proceed southerly
lying within the following described boundaries: BEGIN along the easterly mean high water line of Indian River
a, the intersection of the westerly ordinary high water and its tributaries, to an intersection with the northern
line of Newfound Harbor with the North line of Section Vero Beach city limits line in Section 30, Township 32
12, Township 25 South, Range 36 East, Brevard County: South, Range 40 East; thence proceed westerly and
Thence proceed northeasterly crossing Newfound Har- southerly, along the northern Vero Beach city limits line
.bor to the intersection of the South line -of Section 31, to an intersection with the easterly mean bigh water line
Township 24 South, Range 37 East, with the easterly or- of Indian River and the point of beginning,
dinary high water line of said Newfound Harbor; thence (b) For purposes of the Indian River-Malabar to Vero
proceed northerly along the easterly ordinary high water Beach Aquatic Preserve, a lease of sovereign sub-
line of Newfound Harbor to its intersection with the east- merged lands for a noncommercial dock may be
erly ordinary high water line of Sykes Creek; thence pro- deemed to be in the public interest when the noncom-
ceed northerly along the easterly ordinary high watrr mercial dock constitutes a reasonable exercise of ripari-

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Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

an rights and is consistent with the preservation of the 337, pages 2159-2162, and in the Official Records of St.
exceptional biological, aesthetic, or scientific values Lucie County in Book 201. pages 1676-1679.
J@ which the aquatic preserve was created to protect. (13) Yellow River Marsh Aquatic Preserve, as de-
(8) Indian River-Vero Beach to Fort Pierce Aquatic scribed in the Official Records of Santa Rosa County in
Preserve, as described in the Official Records of Indian E@oolk 206, pages 568-571.
River County in Book 368, pages 9-12, and in the Official (14) Fort Pickens State Park Aquatic Preserve, as
Records of St. Lucie County in Book 187, pages 1083- described in the Official Records of Santa Rosa County
1086 in Book 220, pages 60-63, and in the Official Records of
(9) Jensen Beach to Jupiter Inlet Aquatic Preserve, Escambia County in Book 518, pages 659-662.
as described in the Official Records of St. Lucie County (15) Rocky Bayou State Park Aquatic Preserve, as
in Book 218, pages 2865-2869. described in the Official Records of Okaloosa County in
(10) Loxahatchee River-Lake Worth Creek Aquatic Book 593, pages 742-7415.
Preserve, as described in the Official Records of Martin (16) St. Andrews State Park Aquatic Preserve, as
County in Book 320, pages 193-196, and in the Official described in the Official Records of Bay County in Book
-550.
Records of Palm Beach County in Volume 1860, pages 379, pages 547
806-809, and the sovereignty submerged lands lying (17) St. Joseph. Bay Aquatic Preserve, as described
within the following described boundaries: Begin at the in the Official Records of Gu!f County in Book 46, pages
-76.
intersection of the easterly mean high water line of the 73
North Fork of the Loxahatchee River wit., the northerly (18) Apalachicola Bay Aquatic Preserve, as de-
mean high water line of the Loxahalchee River, being in scribed in the Official Records of Gulf County in Book 46,
Section 36, Township 40 South, Range 43 East, Palm pages 77-81, and in the Official Records of Franklin
N. Beach County:.Thence proceed easterly along the County in Volume 98, pages 102-106.
northerly mean high water line of the Loxahatchee River (19) Alligator Harbor Aquatic Preserve, as described
to the westerly right-of-way of U.S. Highway 1; thence in the Official Records of Franklin County in Volume 98,
9. W4 proceed southerly along said right-of-way to the souther- pages 82-85.
;U ly mean high water line of said river; thence proceed (20) St. Martins Marsh Aquatic Preserve, as de-
easterly along the southerly mean high water line of said scribed in the Official Records of Citrus County in Book
river to its intersection with the easterly mean high water 276, pages 238-241.
line of the Lake Worth Creek; thence proceed northwest- (21) Matlacha Pass Aquatic Preserve, as described
erly crossing the Loxahatchee River to the point of be- in the Official Records of Lee County in Book 800, pages
ginning: And also: Commence at the southwest corner 725,121,
of Section 16, Township 40 South, Range 42 East Martin (22) Pine Island Sound Aquatic Preserve, as de-
H; County; thence proceed north along the west line of scribed in the Official Records of Lee County in Book
Section 16 to the mean high water line of the Loxahal- 648, pages 732-736.
chee River being the point of beginning: Thence pro- (23) Cape Romano-Ten Thousand Islands Aquatic
ceed southerly along the easterly mean high water line Preserve, as described in the Official Records of Collier
of said river and its tributaries to a point of nonnavigabili- County in Book 381, pages 298-301
ty: thence proceed westerly to the westerly mean high (24) Lignumvitae Key Aquatic Preserve, as de-
water line of said river; thence proceed northerly along scribed in the Official Records of Monroe County in Book
502, pages 139-142.
the westerly mean high water line of said river and its
"A tributaries to its intersection with the westerly line of (25) Coupon Bight Aquatic Preserve, as described
Section 16, Township 40 South, Range 42 East; thence in the Off icia) Records of Monroe County in Book 502,
p
eed southerly along the said westerly section line pages 143-146.
roc
to the point of beginning: And also begin where the (26) Lake Jackson Aquatic Preserve, as established
southerly mean high water line of the Southwest Fork of by chapter 73-534, Laws of Florida, and defined as au-
the Loxahatchee River intersects the westerly line of thorized by Is. 253.151 or as otherwise authorized by
Section 35, Township 40 South, Range 42 East: Thence law.
proceed southwesterly along the southerly mean high (27) Pinellas County Aquatic Preserve, as estab-
water line of the Southwest Fork to the northeasterly lished by chapter 72-663, Laws of Florida; Boca Ciega
I%
face of structure #46; thence proceed northwesterly Aquatic Preserve, as established by s. 258.16- and the
along the face of said structure to the northerly mean Biscayne Bay Aquatic Preserve, as established by s.
high water line of the Southwest Fork; thence proceed 258.165. If any provision of this act is in conflict with an
northeasterly along said mean high water line to its inter- aquatic preserve established by s. 258.396, chapter 72-
section with the westerly line of Section 35, Township 40 663, Laws of Florida, or s. 258.397, the stronger provi-
South, Range 42 East@ thence proceed southerly along sion for the maintenance of the aquatic preserve shall
westerly line of said seCfiDn to the point of beginning- prevail.
(11) Biscayne Bay-Cape Florida to Monroe County (28) Estero Bay Aquatic Preserve, the boundaries of
Line Aquatic Preserve, as described in the Official Rec- which are generally: All of those sovereignty submerged
ords of Dade County in Book 7055, pages 852-856, less, lands located bayward of the mean high-water line being
however, those lands and waters as described in s. in Sections 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26,
258.165. 27, 35, and 36, Township 46 South, Range 24 East; and
(12) North Fork, St. Lucie Aquatic Preserve, as de- in Sections 19, 20, 28, 29, and 34, Township 46 South,
scribed in the Official Records of Marlin County in Book Range 24 East, lying north and east of Matanzas Pass

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F.S. 1985 STATE PARKS AND PRESERVES Ch@ 258

Channel; and in Sections 19, 30, and 31. Township 46 dividing Charlotte and Lee Counties, thence southwest-
South, Range 25 East- and in Sections 6, 7, 17. 18, 19, erly along a straight line to the most southerly point of
20, 29, 30, 31, and k, Township 47 South, Range 25 Devil Fish Key, thence continue along said line to the
East; and in Sections 1, 2, 3. 11, 12, 13, 14, 24, and 25, easterly righ)-of-way of the Intracoastal Waterway and
Township 47 South, Range 24 East, in Lee County, Flori- the end of the southerly limits. Westerly limits: Begin at
da. Any and all submerged lands conveyed by the TrLJSt- the point.of ending of the southerly limits as described
ees of the Internal Improvement Trust Fund prior to Oc- above, thence northerly along the easterly right-of-way
tober 12, 1966, and any and all uplands now in private line of the Intracoastal Waterway to its intersection with
ownership are specifically exempted from this preserve. a southerly extension of the west line of Section 18,
(29) Cape Haze Aquatic Preserve, the boundaries of Township 42 South, Range 21 East, thence north along
which are generally: That part of Gasparilla Sound, Cat- said line to point of beginning.
fish Creek, Whiddon Creek, 'The Cutoff,"Turtie Bay, and (30) Wekiva River Aquatic Preserve, the boundaries
Charlotte Harbor lying within the following described lim- of which are generally: All the state-owned sovereignty
its@ Northerly limits: Commence at the northwest corner lands lying waterward of the ordinary high-water mark
of Section 18, Township 42 South, Range 21 East, of the Wekiva River and the Little Wekiva River and their
thence south along the west fine of said Section 18 to tributaries lying and being in Lake, Seminole, and Or-
its intersection with the Government Meander Line of ange counties and more particularly described as foi-
1843-1844, and the point of beginning, thence south- lows:
easterly along said meander line to the northwesterly (a) In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and
shoreline of Catfish Creek, thence northeasterly along 30, Township 20 South, Range 29 East. These sections
said shoreline to the north line of said Section 18, thence are also depicted on the Forest City Ouadrangle
east along said north line to the easterly shoreline of Cat- (U.S.G.S. 7.5 minute series-topographic) 1959 (70PR);
fish Creek, thence southeasterly along said shoreline to and
the easet line of said Section 18, thence south along said (b) In Sections 3, 4, 8,9, and 10, Township 20 South,
east ,in 'crossing an arm of said Catfish Creek to the Range 29 East and in Sections 21, 28, and 33, Township
southerly shoreline of said creek, thence westerly along 19 South, Range 29 East lying north of the right-of-way
said southerly shoreline and southerly along the easterly for the Atlantic Coast Line Railroad arid that part of Sec-
shoreline of Catfish Creek to said Government Meander tion 33, Township 19 South, Range 29 East lying be-
Line, thence easterly and southeasterly along said me- tween the Lake and Orange County lines and the right-
ander line to the northerly shoreline of Gasparilla Sound of-way of the Atlantic Coast Line Railroad. These sec-
in Section 21, Township 42 South, Range 21 East, tions are also depicted on the Sanford SW Quadrangle
thence easterly along said northerly shoreline and north- (U.S.G.S. 7.5 minute series -topographic) 1965 (70-1);
easterly a!ong the westerly shoreline of Whiddon Creek and
to the east west quarter line in Section 16, Township 42 (c) All state-owned sovereignty lands, public lands,
South, Range 21 East, thence east along said quarter and lands whether public or private below the ordinary
line and the quarter Section line of Section 15, Township high-water mark of the Wekiva River and the Little
42 South, Range 21 East to the easterly shoreline of Wekiva and their tributaries within the Peter Miranda
Whiddon Creek, thence southerly along said shoreline Grant in Lake County lying below the 10 foot m.s.l. con-
to the northerly shoreline of 'The Cutoff," thence easterly tour line nearest the meander line of the Wekiva River
along said shoreline to the westerly shoreline of Turtle and all slate-owned sovereignty lands, public lands, and
Bay, thence northeasterly along said shoreline to its in- lands whether public or private below the ordinary high-
tersection with said Government Meander Line in Sec- water mark of the Wekiva River and the Little Wekiva
tion 23, Township 42 South, Range 21 East, thence and their tributaries within the Moses E. Levy Grant in
northeasterly along said meander line to the east line of Lake County below the 10 foot m.s.l. contour line near-
Section 12, Township 42 South, Range 21 East, thence est the meander lines of the Wekiva River and Black Wa-
north along the east line of said Section 12, and the east ter Creek as depicted on the PINE LAKES 1962 (70-1).
line of Section 1, Township 42 South, Range 21 East to ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and
the northwest corner of Section 6, Township 42 South, SANFORD S.W. 1965 (70-1) DUADRANGLES (U.S.G.S.
Range 22 East, thence east along the north line and ex- 7.5 minute topographic); and
tension thereof of said Section 6 to a point 2,640 feet (d) All state-owned sovereignty lands, public lands,
east of the westerly shoreline of Charlotte Harbor and and lands whether public or private below the ordinary
the end of the northerly limits. Easterly limits: Com- high-water mark of the Wekiva River and the Little
mence at the northwest corner of Section 6, Township Wekiva River and their tributaries lying below the 10 foot
42 South, Range 22 East, thence east along the north m.s.l. contour line nearest the meander line of the
line of said Section 6 and extension thereof to a print Wekiva and St. John's Rivers as shown on the ORANGE
2,640 feet east of the westerly shoreline of Charlotte CITY 1964 (70PR), SANFORD 1965 (70-1), and SAN-
Harbor and the point of beginning, thence southerly FORD S,W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5
along a line 2,641 feet easterly of and parallel with the minute topographic) within the following described
westerly shoreline of Charlotte Harbor and along a property: Beginning at a point on the south boundary of
southerly extension of said line to the line dividing Char- the Moses E. Levy Grant, Township 19 South, Range 29
lolle and Lee Counties and the end of the easterly limits. East, at its intersection with the meander line of the
Southerly limits: Begin at the point of ending of the east- Wekiva River; thence south 60112 degrees east along
erly limits, above described, said point being in the line said boundary line 4,915.68 feet; thence north 291/2 de-

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Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

grees east 15,516.5 feet to the meander line of the St. 17 to the northwest corner of said Section 17: thence
John's River; thence northerly along the meander line of proceed westerly along the northerly line of Section 18
the St. John's River to the mouth of the Welkiva River, to the southeast corner of Section 12, Township 52
thence southerly along the meander line of the Wekiva South, Range 26 East; thence proceed northerly along
River to the beginning; and the easterly lines of Sections 12, 1, 36 and 25 to the
(e) All state-owned sovereignty lands, public'lands, northeast corner of said Section 25, Township 51 South,
and lands whether public or private below the ordinary Range 26 East , thence proceed westerly along the
high-water mark of the Wekiva River and the Little northerly lines of Sections 25 and 26 to the northwest
Wekiva River and their tributaries within the Peter Miran- corner of said Section 26@ thence proceed northerly to
da Grant lying east of the Wekiva River, less the follow- northeast corner of said Section 22; thence proceed
ing: westerly along the northerly lines of Sections 22 and 21
1. State Road 46 and all land lying south of said to the northwest corner of said Section 21; thence pro-
State Road No. 46. ceed southerly to the southwest corner of said Section
2. Beginning 15.56 chains West of the Southeast 21; thence proceed westerly along the northerly line of
corner of the SW 114 of the NE 114 of Section 21, Township Section 29 to the northwest corner thereof; thence pro-
19 South, Range 29 East, run east 600 feet; thence north ceed southerly along the westerly lines of Sections 29
960 feet; thence west 340 feet to the Wekiva River; and 32 to the southwest corner of said Section 32;
thence southwesterly along said Wekiva River to point thence proceed westerly to the northwest corner of Sec-
of beginning. tion 6, Township 52 South, Range 26 East; thence pro-
3. That part of the east 114 of the SW 1/4 of Section ceed southerly along a projection of Range line 25 East
22, Township 19 South, Range 29 East, lying within the to its intersection with a line which runs westerly from
Peter Miranda Grant east of the Wekiva River. the southwest corner of Cape Romano - Ten Thousand
(f) All the sovereignty submerged lands lying within Islands Aquatic Preserve; thence proceed easterly to
the following described boundaries: Begin at the inter- the southwest corner of Cape Romano - Ten Thousand
section of State Road 44 and the westerly ordinary high Islands Aquatic Preserve; thence proceed northerly to
water line of the St. Johns River, Section 22, Township the point of beginning. Less and except: Begin at the
17 South, Range 29 East, Lake County: Thence proceed southeast corner of Section 21. Township 52 South,
southerly along the westerly ordinary high water line Of Range 25 East; thence proceed northerly along the east-
said river and its tributaries to the intersection of the erly lines of Sections 21 and 16 to the northeast corner
northerly right-of-way of State Road 400; thence pro- of said Section 16, thence proceed northerly to the
ceed northeasterly along said right-of-way to the easter- thread of John Stevens (reek; thence proceed north-
ly ordinary high water line of the St. Johns River; thence westerly along the thread of said creek to its intersection
proceed northerly along said ordinary high water line of with the thread of Marco River; thence proceed north-
the St. Johns River and its tributaries to its intersection
westerly and westerly along the thread of said river to
with the easterly ordinary high water line of Lake Beres- its intersection with the thread of Big Marco Pass;
ford: thence proceed northerly along the ordinary high thence proceed southwesterly along the thread of Big
wester-
water line of said lake to its intersection with the Marco Pass'to its intersection with Range line 25 East:
ly line of Section 24, Township 17 South, Range 29 East;
thence proceed southerly along Range line 25 East to
thence proceed northerly to the southerly right-of-way of
a point which is west from the point of beginning@
West New York Avenue; thence proceed westerly along Thence proceed easterly to the point of beginning.
the southerly right-of-way of said avenue to its intersec-
tion with the southerly right-of -way line of State Road 44; Any and all submerged lands theretofore conveyed by
thence proceed southwesterly along said right-of-way to the Trustees of the Internal Improvement Trust Fund and
the point of beginning.
any and all uplands now in private ownership are specifi-
(31) Rookery Bay Aquatic Preserve, the boundaries cally exempted from this dedication.
of which are generally: All of the state-owned sovereign- History-s. 1. ch. 75-172; s. 1, Ch. 76-109: s. 1, ch. 7&211; S. 84, Ch. 77-104: s,
h 83-62: s. 2. Ch. 84-312: s. 1, Ch. 85-345.
ty lands lying waterward of the mean high-water line in 1,Ncots.-See iormet s. 253.151. F.S. '61.
Rookery Bay and in Henderson Creek and the tributaries
thereto in Collier County, Florida. Said lands are more 258.391 Cockroach Bay Aquatic Preserve.-The
particularly described as lying and being in Sections 27, designation by the Board of Trustees of the Internal Im-
34, 35, and 36, Township 50 South, Range 25 East; in provement Trust Fund on May 18, 1976, of the following
Section 31, Township 50 South, Range 26 East; in Sec- described area in Hillsborough County for inclusion in
tions 1, 2, 3, 10, 11, 12, 13, 14, 23. 24, and 25, Township the aquatic preserve system under the Florida Aquatic
51 South, Range 25 East; and in Sections 5, 6, 7, 8. 9, Preserve Act of 1975 is hereby confirmed. Such area, to
10, 15, 16, 17, 18, 19, 20, 30, and 31, Township 51 South, be known as the Cockroach Bay Aquatic Preserve shall
Range 26 East, Collier County, Florida, and all the sover- be included in the aquatic preserve system for th@ peri-
eignty submerged lands lying within the following de- od of a 40-year lease of such area by the board from the
scribed boundaries: Begin at the southwest corner of Tampa Port Authority and shall include the following de-
Section 30, Township 52 South, Range 27 East, Collier scribed real property: Begin at the northeast Corner of
County: Thence proceed easterly Plong the southerly Section 1, Township 33 South, Range 17 East, Manatee
line of said Section 30 to the southwe-st corner of Section County, thence west along the north line of said Section
29, Township 52 South, Range 27 East; proceed thence 1 to its intersection with the mean high-water line of
-A northerly along the westerly lines of Sections 29, 20 and Tampa Bay, said point being the point of beginning@
1714

F.S. 1985 STATE PARKS AND PRESERVES Ch. 258

from said point of beginning continue west 500 feet into shoreline of Charlotte Harbor and along a southerly ex-
the waters of Tampa Bay, thence northeasterly along a tension of said line to the line dividing Charlotte and Lee
line 500 feet westerly of the mean high-water line of Tam- Counties, thence southwesterly along a straight line to
pa Bay, said line also being 500 feet westerly of the the most southerly point of Devil Fish Key; thence along
mean high-water line on Beacon Key, Snake Key, Camp said line to the easterly right-of-way of the Intracoastal
Key, Big Pass Key, Little Cockroach Island, and Sand Waterway:. thence northerly along the easterly right-of-
Key, to a point due west from Bird Key, thence east to way of the Intracoastal Waterway to its intersection with
the most southwesterly point of Bird Key, thence easter- a southerly extension of the west line of Section 18,
ly along a channel along the northerly side of Tropical is. Township 42 South, Range 21 East; thence north along
land and of Goat Island to the most easterly point of said said line to the point of beginning. Said boundary ex-
Goat Island, thence south to the intersection of the tends across the mouths of all artificial waterways, but
mean high-water line of the southerly shore of the Little includes all tidally connected natural waterways.
Manatee River, thence in a northwesterly, westerly, and Mistory-s. 1, ch. 79-115,
southwesterly direction along the mean high-water line 258.393 Terra Ceis Aquatic Preserve wastewater
of Tampa Bay and Cockroach Bay to the point of begin- or effluent discharge activities.-
ning. Less any islands, submerged lands, or uplands not (1) The following described area in Manatee County
owned by the Tampa Port Authority.
Watofy-s. 1. ch. 76-197@ is hereby designated by the Legislature for inclusion in
the aquatic preserve system under the Florida Aquatic
258.392 Gesparilla Sound-Charlofte Harbor Aquat- Preserve Act of 1975. Such area, to be known as the Ter-
ic Preserve.-The following described area in Lee and ra Ceia Aquatic Preserve, shall be included in the aquat-
Charlotte Counties is designated by the Legislature for ic preserve system and shall include the following de-
inclusion in the aquatic preserve system under the Fiori- scribed real property: Begin at a point 165 feet north of
da Aquatic Preserve Act of 1975, Such area, to be the southwest corner of the northwest quarter of Section
known as the Gasparille Sound-Charlotte Harbor Aquat- 12, Township 33 South, Range 17 East, Manatee Coun-
ic Preserve, shall be included in the aquatic preserve ty, thence run west to the mean high-water line of Tam-
system and shall include the following described real pa Bay, said point being the point of beginning. From
said point of beginning, run northwesterly into the we-
property: Commence at the northwest corner of Section
6 T wnship 42 South, Range 21 East: thence northerly ters; of Tampa Bay and parallel to the Port Manatee ship
along the line of mean high water to the intersection of channel to the Manatee-Hillsborough county line: thence
run southwest along the Manatee-Hillsborough county
State Road 776 with said mean high-water line@ thence
south-south westerly along said road to the intersection line to its intersection with the Intracoastal Waterway;
thence run
of said road with the mean high-water line of Gasparilla south-southwesterly along the Intracoastal
Island; thence southerly along said mean high-water line Waterway to a point on a line connecting the western-
most tip of Snead Island (Manatee County) to the south-
to the most southerly point of Gasparilla Island; thence
emmost tip of Mullet Key (Pinellas County); thence run
southeasterly to the northernmost point at the mean
hi,h,water line on Lacoste lsland@ thence southeasterly southeasterly along said line to the westernmost tip of
long said mean high-water line to the northwest corner Snead Island (also known as Emerson Point); thence run
of Section 6, Township 44 South, Range 21 East; thence in a northeasterly direction along the mean high-water
line of Tampa Bay, Terra Ceia Bay, where the mean high
east to a northerly extension of the east line of Section
water line intersects the north line of U.S. Government
25, Township 44 South, Range 21 East; thence south-
easterly along the mean high-water line of Pine Island to Lot 4, Section 16, Township 34 South, Range 17 East;
thence east along the said north line of U.S. Government
the intersection of the east line of Section 28, Township
43 South, Range 22 East, with said mean high-water line; Lot 4 and the easterly extension thereof a distance of
1. 111 feet more or less to the mean high water line at a
thence northeasterly to the intersection of the north line seawall; thence meander in a northwesterly, westerly,
of Section 23, Township 43 South, Range 22 East with northerly direction along the seawall of a canal; thence
the mean high-water line- thence northerly along said in a northeasterly direction along the mean high water
mean high-water line to the intersection of State Road
line of Miguel Bay, Joe Bay, and Bishop Harbor to the
45 (U.S. Highway 41) with said mean high-water line
point of beginning, including tidal waters of all tribu
thence northwesterly along said road to the intersection
taries; less all privately tilled submerged lands and up-
lands.
of said road with the mean high-water line at Live Oak
Point; thence westerly along the mean high-water line to (2) Wastewater or effluent discharge activities from
the intersection of State Road 771 with said mean high-
an existing stationary facility or existing stationary instal-
water line; thence south-southwesterly along said road
to the intersection of said road with the mean high-water iation which has been approved pursuant to state law
or federal law or for which facility or installation an appli-
line, on the southern shore of the Myakka River; thence
cation has been filed before June 24, 1984, are exempt
southerly along the mean high-water line of the westerly
from -the requirements of this chapter.
stiore of Charlotte Harbor to the northwest corner of History-& 1. Ch. 84-312; S. 4, Ch. 8&345.
Section 6, Township 42 South, Range 22 East; thence
east along the north line and extension thereof of said 258.394 Guena River Marsh Aquatic Preserve,
Section 6 to a point 2,640 feet east of the westerly shore- The following described area in St. Johns County is.
line of Charlotte Harbor; thence southerly along a line hereby designated by the Legislature for inclusion in the
2,640 feet easterly of and parallel with the westerly aquatic preserve system under the Florida Aquatic Pre-

1715

e*:.:Z:,L,@
Ilrow lamps I

%
'N
0-

': Ch. 258 STATE PARKS AND PRESERVES F.S. 1985
Nil
A
serve Act of 1975. Such area, to be known as the Guana those local access channels adjacent to Keaton Beach
River Marsh Aquatic Preserve, shall be included in the and a proposed navigational channel more particularly
aquatic preserve system and shall include all the sover- described as follows: Begin at State Plane Coordinate.
eignty submerged lands and other state-owned lands ly- X=2,288,032-1 Y=298,365: Thence proceed West 11,608
ing within the following described boundaries: Begin at feet; thence proceed south 1,440 feet: thence proceed
the intersection of the westerly projection of the south east 11,608 feet: thence proceed north 1,440 feet to the
line of Section 18, Township 6 South, Range 30 East, point of beginning: less and except all those sovereign
with the westerly mean high water line of Tolomato Riv- submerged lands lying northerly and easterly of U.S.
er: Thence proceed easterly along the south line of Sec- Highway 19.
tion 18 to the mean high water line of the Atlantic Ocean; History-s. 3, ch@ 85@345,
thence proceed east three geographic miles into said
258.396 Boca Ciega Bay Aquatic Preserve.-
ocean; thence proceed northerly running parallel with
said mean high water line to a point east of the intersec- (1) Boca Ciega Bay, in Pinellas County, as hereinaf-
tion of the southerly right-of-way of Micklers Road and ter described, is designated and established as an
the westerly right-of-way of U.S. A1A; thence proceed aquatic preserve under the provisions of this section. It
west to said intersection; thence proceed southwesterly is the intent of the Legislature that Boca Ciega Bay be
along the southerly righl-of-way of Micklers Road to its preserved, insofar as possible, in an essentially natural
intersection with the westerly mean high water line of condition so that its biological and aesthetic values may
the Tolomato River: thence proceed southerly along the endure for the enjoyment of future generations.
westerly mean high water line of said river and its tribu- (2)(a) For the purposes of this section, Boca Ciega
taries to the point of beginning. Bay, sometimes referred to in this section as "the pre-
t -345.
History-s. 2, ch- 85 serve," shall be comprised of that body of water in Pinel-
las County which lies south of the State Road 688 bridge
211,111 Bi, Bend Sea,,,,sses Aquatic Preserve,- at, or near, Indian Rocks, Beach and within the area en,
The following described area in Wakulla, Jefferson, Tay-
lor, Dixie, and Levy Counties is hereby designated by closed by a line as follows: Beginning at a point where
the east end of said bridge crosses the western shore-
the Legislature for inclusion in the aquatic preserve sys-
line of mainland Pinellas County and extending In a gen-
tem under the Florida Aquatic Preserve Act of 1975. erally southerly direction along the western shoreline of
Such area, to be known as the Big Send Seagrasses
mainland Pinellas County to the west end of the Semi-
Aquatic Preserve, shall be included in the aquatic pre-
nole Bridge following the bridge easterly to exclude
serve system and shall include all the sovereignty sub-
Long Bayou and Cross Bayou, thence in a southerly di-
merged lands lying within the following described rection including the western shoreline of the Sunshine
boundaries: Begin where the northerly mean high water Skyway Causeway and extending to the southern
line of Withlacoochee River meets the mean high water boundary of Pinellas County, thence westerly along the
line of the Gulf of Mexico, Township 17 South, Range 15 Pinellas County line and around Mullet Key along a line
East, Levy County: Thence from the said point of begin- 100, yards seaward of the shoreline of Mullet Key and
ning proceed northwesterly along the mean high water
northerly along a line passing 100 yards to the west of
line of the coast and its navigable tributaries to the inter-
section of the westerly mean high water line of St. Marks the shorelines of Summer Resort Key, Cabbage Key and
River with the mean high water line of the Gulf of Mexico, Shell Key to the southernmost point of Long Key, thence
in a generally northerly direction along the inner shore-
in Township 4 South, Range 1 East, Wakulla County;
thence proceed south three marine leagues into the Gulf line of Long Key, Treasure Island and Sand Key to a
point where the west end of the State Road 688 bridge
of Mexico: thence proceed southeasterly along a line crosses the inner shoreline of Sand Key, thence easterly
three marine leagues from and parallel to the line of
mean high water previously described to an intersection along the south side of said bridge to the point of begin
with a line projected west from the point of beginning; ning. The boundary of the preserve designated as the
thence proceed east to the point of beginning. Less and shoreline shall mean the line of mean high water along
except all those sovereignty submerged lands within such shoreline.
500 feet of any incorporated or unincorporated munici- (b) The preserve established by this section shall in-
V pality within the above described lands. Less and ex- clude the submerged bottom lands, the water column
cept: Begin at the intersection of the southerly projec. upon such lands, and the islands owned by the state
tion of the east line of Range line 4 East with the mean within the boundaries of the preserve. Any privately held
high water line of the Gulf of Mexico; thence proceed land or submerged land within the established bulkhead
southwest to a point on the t';ree marine league line; lines or privately held islands within the preserve shall
thence proceed southeasterly three marine leagues be deemed to be excluded therefrom. The Board of
from and parallel to the mean high water line to a point Trustees of the Internal Improvement Trust Fund may
which is southwest of the intersection of the southerly negotiate an arrangement with any such private owner
line of Section 22, Township 6 South, Range 6 East, Tay. whereby such lands or water bottoms may be included
lor County, with the mean high water line of the Gulf of within the preserve.
Mexico; thence proceed Northeast to the foresaid point (3) The Board of Trustees of the Internal improve-
of intersection; thence proceed northwesterly along the ment Trust Fund are hereby directed to maintain Boca
mean high water line of the Gulf of Mexico and its tribu- Ciega Bay as an aquatic preserve subject to the follow-
tbries to the point of beginning. Less and except all ing provisions:

1716

F.S. 1985 STATE PARKS AND PRESERVES Ch. 258

(a) No further sale, transfer, or lease of sovereignty of its jurisdiction, powers, and duties.
History- s 1. 2, 3. 4. 5, 6, Ch 69-342, ss 27, 35, Ch 69-106
submerged lands within the preserve shall be approved lNote.-Sese s. 26. Ch 75-22. which repealed s. 253 122, relating to the wwer to
or consummated by the board of trustees except upon fix bulkhead lines, and s 7(3), Ch 75-22 is 253 1221) which reestablished all previ-
a showing of extreme hardship on the part of the appli- ousiy established bulkhead lines at the line of mean high water or ordinary high wa-
ter.
cant or when the overwhelming public interest so de- Note.-Former s. 258.16.
mands.
(b) No further dredging or filling of submerged lands 258.397 Biscayne Bay Aquatic Preserve.-
within the preserve shall be approved or tolerated by the (1) DESIGNATION. -Biscayne Bay in Dade and
board of trustees except: Monroe Counties, as hereinafter described to include
1, Such minimum dredging and spoiling as may be Card Sound, is designated and established as an aquat-
authorized for public navigation projects; ic preserve under the provisions of this section. It is the
2 S ch other alteration of physical conditions as intent of the Legislature that Biscayne Bay be preserved
ma@ be necessary to enhance the quality or utility of the in an essentially natural condition so that its biological
preserve as determined by the Pinellas County Water and aesthetic values may endure for the enjoyment of
and Navigation Control Authority in a public hearing; and future generations.
3 S ch dredging as is necessary for the purpose of (2) BOUNDARIES.-
eli@inatiung conditions hazardous to the public health or (a) For the purposes of this section, Biscayne Bay,
for the purpose of eliminating stagnant waters, unsightly sometimes referred to in this section as "the preserve,"
mud flats, islands, and spoil banks the dredging of shall be comprised of the body of water in Dade and
which would enhance the aesthetic quality and utility of Monroe Counties known as Biscayne Bay whose bound-
the preserve and is clearly in the public interest as cleter@ aries are generally defined as follows:
mined by the Pinellas County Water and Navigation Begin at the southwest intersection of the right-of-way
f State Road 826 and the mean high-water line of Bis-
Control Authority in a public hearing, 0
cayne Bay (Township 52 South, Range 42 East, Dade
There shall be no dredging beyond the bulkhead line for County); thence southerly along the westerly mean high-
the sole purpose of providing fill for upland or sub- water line of Biscayne Bay to its intersection with the
merged land within the bulkhead line. In addition there right-of-way of State Road 905A (Township 59 South,
shall be no drilling of wells, excavation for shell or miner- Range 40 East, Monroe County); thence easterly along
als, and no erection of structures (other than docks) such right-of-way to the easterly mean high-water line of
within the preserve, unless such activity is associated Biscayne Bay; thence northerly along the easterly mean
with activity authorized by this section. high-water fine of Biscayne Bay following th.@ westerly
1(c) The board of trustees shall not approve any sea- shores of the most easterly islands and Keys with con-
ward relocation of bulkhead lines or further establish- necting lines drawn between the closest points of adja-
ment of bulkhead lines except when a proposed bulk- cent islands to the southeasterly intersection of the
head line is located at the line of mean high water along right-of -way of State Road 826 and the mean hiah-water
the shoreline. line of Biscayne Bay; thence westerly to the point of be-
(4)(a) The board of trustees shall adopt and enforce ginning. Said boundary extends across the mouths of all
reasonable rules and regulations to carry out the provi- artificial waterways, but includes all natural waterways
sions of this section and specifically to provide: tidally connected to Biscayne Bay. Excluded from the
1, Additional preserve management criteria as may preserve are those submerged lands conveyed to the
be necessary to accommodate special circumstances; United States for the establishment of the Biscayne Na-
and tional Monument as defined by Pub. L. No. 90-606 of the
2. Regulation of human activity within the preserve United States.
in such a manner as not to interfere unreasonably with (b) The preserve established by this section shall in-
such lawful and traditional public uses of the preserve clude the submerged bottom lands and the water col,
as fishing (both sport and commercial), boating, and umn upon such lands, as well as all publicly owned is-
swimming. lands, within the boundaries of the preserve. Any pri-
(b) Other uses of the preserve, or human activity vately held upland within the boundaries of the preserve
within the preserve, although not originally contemplal, shall be deemed to be excluded therefrom, However,
ed, may be permitted by the board of trustees, but only the Board of Trustees of the Internal Improvement Trust
subsequent to a formal finding of compatibility with the Fund may negotiate an arrangement with any such pri-
purposes of this section. vate upland owner by which such land may be included
(5) Neither the establishment nor the management in the preserve.
of the Boca Ciega Bay Aquatic Preserve shall operate (c) The board of trustees may transfer to the United
to infringe upon the riparian rights of upland property States any interest in lands, title to which is vested in the
owners adjacent to or within the preserve. Reasonable board of trustees, which are presently within the bound-
improvement for ingress and egress, mosquito control, aries of the preserve for inclusion in the Biscayne Nation-
shore protection, bridges, causeways, and similar pur- al Monument or its successor should the area be desig-
poses may be permitted by the board of trustees, sub. nated a national park. Transfers of interest under this
jeci to the provisions of any other applicable laws under paragraph shall be subject to the following conditions:
the jurisdiction of other agencies. 1. All interests in oil, gas, or other mineral rights held
(6) Nothing herein shall be construed to deprive the by the board of trustees shall be retained and not trans-
Pinellas County Water and Navigation Control Authority ferred to the United States.

1717

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

2. All rights to fish on the waters shall be retained the board of trustees. which approval may be granted
and not transferred to the United States. only if riprap construction is used in the seawall.
3. All rights to impose and collect state excise taxes (e) Notwithstanding other provisions of this section.
on the sales of alcohol or tobacco shall be retained and the board of trustees may, respecting lands lying within
not transferred to the United States. Biscayne Bay:
4. Transfers of interest shall be subject to'outstand- 1. Enter into agreements for and establish lines de-
ing easements, reservations, or other interests appear- lineating sovereignty and privately owned lands.
ing of record. 2. Enter into agreements for the exchange of, and
(3) AUTHORITY OF TRUSTEES,-The Board of exchange, sovereignty lands for privately owned lands.
Trustees of the Internal Improvement Trust Fund is au- 3. Accept gifts of land within or contiguous to the
preserve.
thorized and directed to maintain the aquatic preserve
hereby created pursuant and subject to the following 4. Negotiate for, and enter into agreements with
provisions: owners of lands contiguous to sovereignty lands for, any
(a) No further sale, transfer, or lease of sovereignty public and private use of any of such lands.
submerged lands in the preserve shall be approved or 5. Take any and all actions convenient for, or neces-
consummated by the board of trustees, except upon a sary to, the accomplishment of any and all of the acts
and matters authorized by this paragraph.
howing of extreme hardship on the part of the applicant
and a determination by the board of trustees that such (4) RULES,-
sale, transfer, or lease is in the public interest. (a) The board of trustees shall adopt and enforce
(b) No further dredging or filling of submerged lands reasonable rules and regulations to carry out the provi-
sions of this section and specifically to provide:
of the preserve shall be approved or tolerated by the
board of trustees except: 1. Additional preserve management criteria as may
be necessary to accommodate special circumstances.
1. Such minimum dredging and spoiling as may be 2. Regulation of human activity within the preserve
authorized for public navigation projects or for such
minimum dredging and spoiling as may be constituted in such a manner as not to interfere unreasonably with
as a public necessity or for preservation of the bay ac- lawful and traditional public uses of the preserve, such
as fishing (both sport and commercial), boating, ind
cording to the expressed intent of this section.
2. Such other alteration of physical conditions as swimming.
may be necessary to enhance the quality or utility of the (b) Other uses of the preserve, or human activity
within the preserve, although not originally contemplat-
preserve. ed, may be permitted by the board of trustees, but only
3. Such minimum dredging and filling as may be au-
thorized for the creation and maintenance of marinas, subsequent to a formal finding of compatibility with the
V purposes of this section.
piers, and docks and their attendant navigation chan-
(c) Fishing involving the use of seines or nets is pro-
nels and access roads. Such projects may only be au-
hibited in the preserve, except when the fishing is for
thorized upon a specific finding by the board of trustees
that there is assurance that the project will be construct- shrimp or mullet and such fishing is otherwise permitted
by state law or rules promulgated by the Department of
ed and operated in a manner that will not adversely af Natural Resources.
fect the water quality of the preserve. This subpara- (5) RIPARIAN RIGHTS.-Neither the establishment
oraph shall not approve the connection of upland canals nor the management of the Biscayne Bay Aquatic Pre-
to the waters of the preserve.
erve shall operate to infringe upon the riparian rights of
4. Such dredging as is necessary for the purpose Of
upland property owners adjacent to or within the pre-
eliminating conditions hazardous to the public health or serve. Reasonable improvement for ingress and egress,
for the purpose of eliminating stagnant waters, unsightly mosquito control, shore protection, public utility expan-
mud flats, islands, and spoil banks, the dredging of sion and similar purposes may be permitted by the
which would enhance the aesthetic quality and utility Of boa@d of trustees or Department of Environmental Regu-
the preserve and be clearly in the public interest as de- lation, subject to the provisions of any other applicable
termined by the board of trustees. laws under the jurisdiction of other agencies.
(6) DISCHARGE OF WASTES PROHIBITED.-No
pil: Any dredging or filling under this subsection or improve-
wastes or effluents which substantially inhibit the ac-
ments under subsection (5) shall be approved only after
complishment of the purposes of this section shall be
il! public notice and hearings in the area affected, pursuant
'3 discharged into the preserve.
to chapter 120. (7) ENFORCEMENT.-The provisions of this section
(c) There shall be no drilling of wells, excavation for may be enforced in accordance with the provisions of s.
shell or minerals, or erection of structures other than 403.412. In addition, the Department of Legal Affairs is
ocks within the preserve unless such activity is associ-
d authorized to bring an action for civil penalties of $5,000
ated with activity authorized by this section.
per day against any person, natural or corporate, who
(d) The board of trustees shall not approve any sea- violates the provisions of this section or any rule or regu-
ward relocation of bulkhead lines or further establish- lation issued hereunder.
ment of bulkhead lines except when a proposed bulk- (8) SECTIONS 403.501-403.515 APPLICABLE.-The
head line is located at the line of mean high water along provisions of this section shall be subject to the provi-
4
4 the shoreline. Construction, replacement, or relocation sions of ss. 403,501-403.515.
of seawalls shall be prohibited without the approval of History-ss. 1, 2, 3, 4, 5. 6. 7, 8. ch. 74-171: s. 2. ch. 76-109: s. 1, ch. 77-174; S.

1718

_Zi

F.S, 1985 STATE PARKS AND PRESERVES Ch. 258

1, Ch. 78-M: s, 12. Ch 79-65, s, 1, ch. 80-2N. (c) The board shall pay no more than $1 per year for
Note. -Section 26, Ch. 75-22, repealed s. 253,122, relating tothepower tofix bulk- any such lease.
head lines
Not*,-Former s, 258 165, (6) Except as provided in subsection (5) no aquatic
preserve or any part thereof shall be withdrawn from the
258.40 Scope of preserves.- state aquatic preserve system except by an act of the
(1) The aquatic preserves established under this act Legislerture. Not 'ice of such proposed legislation shall be
shall include only lands or water bottoms owned by the published in each county in which the affected area is
state as set forth in s. 253.03 and such lands or water located, in the manner prescribed by law relating to local
bottoms owned by other governmental agencies as may legislation.
be specifically authorized for inclusion by appropriate in- (7) Within 30 days of the designation and establish-
strument in writing from such agency. Any privately ment of an aquatic preserve, the Board of Trustees of
owned lands or water bottoms shall be deemed to be the Internal Improvement Trust Fund shall record in the
excluded therefrom; however, the board may negotiate public records of the county or counties in which the
aquatic preserve is located a legal description of the
an arrangement with any such private owner by which
such land may be included in the preserves. aquatic preserve.
(2) Any publicly owned and maintained navigation History-s. 1. ch. 75-172.
channel or other public works project authorized by the
258.42 Maintenance of preserves.-The Board of
United States Congress designed to improve or main-
tain commerce and navigation shall be deemed exclud- Trustees of the Internal Improvement Trust Fund shall
ed from the aquatic preserves established under his maintain such aquatic preserves subject to the following
provisions:
act.
(3) All lands lost by avulsion or by artificially induced (1) No further sale, lease, or transfer of sovereignty
erosion shall be deemed excluded from the provisic: s submerged lands shall be approved or consummated
of this act. by the trustees except when such sale, lease, or transfer
History.-s. 1. Ch. 75-172, is in the public interest.
'(2) The trustees shall not approve the waterward re-
258.41 Establishment of aquatic preserves.- location or setting of bulkhead lines waterward of the
(1) The board may establish additional areas to be line of mean high water within the preserve except when
included in the aquatic preserve system, subject to con- public road and bridge construction projects have no
firmation by the Legislature. reasonable alternative and it is shown to be not contrary
(2) The board may, after public notice and public to the public interest.
hearing in the county or counties in which the proposed (3)(a) No further dredging or filling of submerged
preserve is to be located, adopt a resolution formally set- lands shall be approved by the trustees except the fol-
ting aside such areas to be included in the aquatic pre- lowing activities may be authorized pursuant to a permit:
serve system. 1. Such minimum dredging and spoiling as may be
(3) The resolution setting aside an aquatic preserve authorized for public navigation projects.
area shall include: 2. Such minimum dredging and spoiling as may be
(a) A lecal description of the area to be included. authorized for the creation and maintenance of marinas,
(b) The designation of the type of aquatic preserve piers, and docks and their attendant navigation chan-
being set aside. neis.
(c) A gener3l statement of what is sought to be pre- 3. Such other alteration of physical conditions as
served. may, in the opinion of the trustees, be necessary to en-
(d) A clear statement of the management responsi- hance the quality or utility of the preserve or the public
bilities for the area. health generally.
(4) Lands and water bottoms owned by other gov- 4. Such other maintenance dredging as may be re-
ernmental agencies may be included in an aquatic pre- quired for existing navigation channels.
serve upon specific authorization for inclusion by an ap- 5. Such restoration of land as authorized by s.
propriate instrument in writing from the governmental 253.124(B).
agency. 6. Such reasonable improvements as may be neces-
(5) Lands and water bottoms in private ownership sary for public utility installation or expansion.
may be included in an aquatic preserve upon specific 7. Installation and maintenance of oil and gas trans-
authorization for inclusion by an appropriate instrument portation facilities, provided such facilities are properly
in writing from the owner. The appropriate instrument marked with marine aids to navigation as prescribed by
shall be either a dedication in perpetuity or a lease. Such federal law.
lease shall contain the following conditions: (b) There shall, in no case, be any dredging seaward
(a) Term of the lease shall be for a minimum period of a bulkhead line for the sole or primary purpose of pro-
of 10 years. viding fill for any area landward of a bulkhead line.
(b) The board shall have the power and duty to en- (c) There shall be no drilling of gas or oil wells. How-
force the provisions of each lease agreement and shall ever, this will not prohibit the state from leasing the oil
additionally have the power to terminate any lease if the and gas rights and permitting drilling from outside the
termination is in the best interest of the aquatic preserve preserve to explore for oil and gas if approved by the
system. board.

1719

1t,

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

(d) There shall be no excavation of minerals, except hereunder shall be further punishable by a civil penalty
the dredging of dead oyster shells as approved by the of not less than $500 per day or more than $5,000 per
Department of Natural Resources. day of such violation.
(e) There shall be no erection of structures within History-s 5, ch. 75 172
the preserve, except:
PART IV
1. Private docks for reasonable ingress or egress of
riparian owners; WILD AND SCENIC RIVERS
2. Commercial docking facilities shown to beconsis-
tent with the use or management criteria of the pre- 258.501 Myakka River; wild and scenic segment.
serve-, and
3. Structures for shore protection, approved naviga- 1258.501 Myakka River; wild and scenic segment.-
d
tional aids, or public utility crossings authorized under (1) SHORT TITLE,-This act may be cited as the
su "Myakka River Wild and Scenic Designation and Preser-
bsection (3)(a).
(f) No wastes or effluents shall be discharged into vation Act."
_".j the preserve which substantially inhibit the accomplish- (2) LEGISLATIVE DECLARATION, -The Legislature
I ment of the purposes of this act. finds and declares that a certain segment of the Myakka
2.
(g) No nonpermitted wastes or effluents shall be di- River in Manatee, Sarasota, and Charlotte Counties pos-
rectly discharged into the preserve which substantially sesses outstandingly remarkable ecological, fish and
I inhibit the accomplishment of the purposes of this act. wildlife, and recreational values which are unique in the
Ji @
history.-ss. 1. 2, 4, ch. 75-172: s. 1. ch, 77-174. State of Florida. These values give significance to the
'Note.-See s. 26, ch. 75-22, which teciealed s. 253,122, relating to the power to
.22 Is. 253.1221). which reestablishe ali previ- river as one which should be permanently preserved
fix bulkhead lines, and s. 7(3), ch. 75 d
ously established bulkhead lines at the line of mean high water or ordinary high wa- and enhanced for the citizens of the State of Florida,
ter.
both present and future. The permanent management
and administration of the river involves a complex inter-
258.43 Rules and regulations.-
ve- action of state, regional, and local interests which re-
(1) The Board of Trustees of the Internal Impro
quire balancing and coordination of purpose. It is the in-
jr., ment Trust Fund shall adopt and enforce reasonable
rules and regulations to carry out the provisions of this tention of the Legislature to provide for the permanent.,
preservation of the designated segment of the Myakka
act and specifically to provide regulation of human activ-
ity within the preserve in such a manner as not to unrea- River by way of development of a plan for permanent ad-
sonably interfere with lawful and traditional public uses ministration by agencies of state and local government
A
i: of the preserve, such as sport and commercial fishing, which will ensure the prc tection necessary but retain
boating, and swimming. that degree of flexibility, responsiveness, and expertise
which will accommodate all of the diverse interests in-
(2) Other uses of the preserve, or human activity
k within the preserve, although not originally contemplat- volved in a manner best calculated to be in the public
k ed, may be permitted by the trustees, but only subse- interest.
quent to a formal finding of compatibility with the pur- (3) DEFINITIONS.-As used in this act:
poses of this act. (a) 'Activity" means the doing of any act or the failing
History-s. 1. ch. 75-172. to do any act, whether by a natural person or a corpora-
tion.
258.44 Effect of preserves. -Neither the establish- (b) "Coordinating council" means the council creat-
ment nor the management of the aquatic preserves un- ed by subsection (6).
der the provisions of this act shall operate to infringe (c) "Department" means the Department of Natural
u
n the traditional riparian rights of upland pr
po opertY Resources.
owners adjacent to or within the preserves. Reasonable (d) "Division" means the Division of Recreation and
improvement for ingress and egress, mosquito control, Parks of the Department of Natural Resources.
shore protection, public utility expansion, surface water (e) "Executive board" means the Governor and Cabi-
drainage, installation and maintenance of oil a2@_pas net sitting as the head of the Department of Natural Re-
transportation facilities, and similar purposesoo be sources.
permitted by the trustees subject to the provisions of (f) "Resource value" means any one or more of the
any other applicable laws under the jurisdiction of other specific economic, scenic, recreational, geologic, fish
agencies. and wildlife, historic, cultural, or ecological features as-
4 History-s. 1, ch. 75-172.
sociated with the river area as determined by the coordi-
nating council.
258.45 Provisions not superseded.-The provi-
sions of this act shall not supersede, but shall be subject (g) 'River area" means that corridor of land beneath
to, the provisions of ss. 403.501 through 403.515. and surrounding the Myakka River from river mile 7.5 to
history-ss. 3. 6. ch. 75-172. river mile 41.5, together with a corridor extending from
the center of the river to the maKimum upland extent of
258.46 Enforcement; violations; penafty.-The pro- wetlands vegetation.
visions of this act may be enforced by the Board of (4) DESIGNATION OF WILD AND SCENIC RIVER.-
Trustees of the Internal Improverner I Trust Fund or in The corridor of land surrounding and beneath the Myak-
accordance with the provisions of s. 403.412. However, ka River between river mile 7.5 and river mile 41.5 is
any violation by any person, natural or corporate, of the hereby designated as a Florida wild and scenic river for
provisions of this act or any rule or regulation issued the purpose-s of this act and is subject to all of the provi-
1720

;.4;

Appendix B. FLORIDA AQUATIC PRESERVES CH. 18-20

RULES
OF THE
DEPARTMENT OF NATURAL
RESOURCES

DIVISION OF STATE LANDS

CHAPTER 18-20
FLORIDA AUATIC PRESERVES

18-20.001 Intent. (3) The preserves shall be administered
18-20.002 Boundaries and Scope of the and managed in accordance with the following
Preserves. goals:
18-20.003 Definitions. (a) To preserve, protect, and enhance these
18-20.004 Enactment policies, standards exceptional areas of sovereignty submerged
by reasonable regulation of human
activity within the preserves through the
development and implementation of a
18-20.006 Cumulative Impacts. comprehensive management program;
18-20.008 Inclusion of Lands, Title to (b) To protect and enhance the waters of
Which is Not Vested in the the preserves so that the public may continue to
Board, in a Preserve. enjoy the traditional recreational uses of those
waters such as swimming, boating, and
18-20.009 Establishment of Expansion of fishing;
Aquatic Preserves. (c) To coordinate with federal, state, and
18-20.010 Exchange of Lands. local agencies to aid in carrying out the intent
18-20.011 Gifts of Lands. of the Legislature in creating the preserves;
18-20.012 Protection of Indigenous Life (d) To use applicable federal, state, and
Forms. local management programs, which are
18-20.013 Development of Resource compatible with the intent and provisions of
Inventories and Management the act and these rules, and to assist in
Plans for the Preserves. managing the preserves;
18-20.014 Enforcement. (e) To encourage the protection,
enhancement or restoration of the biological,
18-20.016 Coordinaton with Other aesthetic, or scientific values of the preserves,
Governmental Agencies. including but not limited to the modification of
18-20.017 Lake Jalkson Aquatic Preserve existing manmade conditions toward their
natural condition, and discourage activities
18-20.001 Intent. which would degrade the aesthetic, biological,
(1) All sovereignty lands or scientific values, or the quality, or utility of a
within a preserve shall be preserve, when reviewing applications, or
managed primarily for the when developing and implementing management plans
maintenance of essentially for the preserves'
natural conditions, the (f) To preserve, promote, and utilize
propagation of fish and indigenous life forms and habiats, including but not
wildlife, and public recre- limited to: sponges, soft coral, hard corals,
ation, including hunting and submerged grasses, mangroves, sah
fishing where deemed appropriate water marshes, fresh water marshes, mud flats,
by the board, and the managing estuarine,aqauatic, and marine reptiles, game and non-
agency. game fish species, estuarine, aquatic and marine mammals,
birds, shellfish and mollusks;
(2) The aquatic preserves which are (g) To acquire additional title interests in lands
described in 73-534 Laws of Florida. wherever such acquititions would serve to protect or
Sections 258.39,258.391,258.392 and enhance the biological, aesthetic, or scientific values
258.393, Florida Statutes, future of the preserves;
aquatic preserves established pursuant
in general or special acts of the
legislature, and in Rule 18-20.002
Florida Administrative Code, were
established for the purpose of being pre-
served in an essentially natural or exist-
ing condition so that their aesthetic,
biological and scientific values may
endure for the enjoyment of future
generations.

Specific Authority 120.53,258.43(J)
F.S. Law implemented
Chapter Laws of Florida History --
New 2-28.61, Amended (h) To maintain those beneficial hydrologic and biologic
functions, the benefits of which accrue to the public
at large.

(4)Nothing in these rules shall serve to (6)For the purpose of clarification and
elimmate or alter the requirements or interpretation, the legal description set forth as
authority of other governmental agencies, follows do not include any land which is
including countries and municipanies, to expressly recognized as privately owned
protect or enhance the preserves provided that upland in a pre-existing recorded mean high
such requirements or authority are not water line settlement agreement between the
inconsistent with the act and this chapter. board and a private owner or owners.
Specific Authority 120.53, 256.43(1) Law Provided, however, in those instances wherein
implemented 258.35, 258.36, 258.37, 258.38, Ch. a settlement agreement was executed
80-280, Laws of Florida. History-New 2-23-81. subsequent to the passage of the Florida
Coastal Mapping Act the determination of the
18 20.022 boundaries and Scope of the mean high water line shall be in accordance
Preserves. with the provisions of such act.
(1)These rules shall only apple to those
sovereignity lands within a preserve, title in which is
vested in the board, and those other lands for which (7)Persons interested in obtaining details of
the board has an appropriate instrument in writing, particular preserves should contact the bureau of
executed by the owner, authorizing the inclusion of State Lands Management Department of Natural
specific lands in an aquatic preserves pursuant to Resources. 3900 Commonwealth Blvd.,
Section 2(2) of Chapter 73-534. Laws of Florida, Tallahassee, FL 32303(telephone 90 -486-2297).
Sections 256.40(1) and 256.41(5). Florida Statutes, (a) The preserves are decribed as follows:
future aquatic preserves established through 1. Fort Ciinch State Park Aquatic
general or special acts of the legisiature and Preserve, as described in the Official Records
pursuant to Rule 18 20.08,8, Florida of Nassau County in Book 108, pages 343-346,
Administrative Code. Any publiciy owned and and in Book 111, page 409.
maintained navigation channel authorized by the 2. Nassau River - St. Johns River
United States Congress or other public works Marshes Aquatic Preserve, as described in the
project authorized by the United States Congress, Official Records of Duval County in Volume
designed to improve or maintain commerce and 3183, pages 547-552, and in the Official
navigation shall be deemed to be excluded from the Records of Nassau County in Book 108, pages
provisions of this chapter, pursuant to Subsection 232-237.
258.40(2). Florida Statutes. Furthermore, all lands 3. Peliicer Creek Aquatic Preserve, as
lost by avuision or by artificaially inouted erosion described in the Official Records of St. Johns
shall be deemed exluded from the provisions of this County in Book 181, pages 363-366, and in the
chapter pursuant to Subsection 256.40(3), Florida. Official Records of Flagier County in Book 33,
Statutes, pages 131-134.
(2) These rules do not apply to Boca Ciega Bay, 4. Tomoka Marsh Aquatic Preserve, as
Pinelizs County of Bistaynt Bay Aquatic decribed in the Offical Records of Fiagier
Preserves. County in Book 33, pages 135-138, and in the
(3) These rules are promuigated to clarify the Official Records of Volusia County in Book
responsibilities of the board in carrying out its land 1244, pages 615-618.
management functions as those funtions apply
within the preserves. Implemetation and
responsibility for environmental permitting of
activites and water quailty protection within the
preserves are vested in the Department of
Environmental Regulation. Since these rules are
considered cumuaiative with other rules, a person
planning an activity within the preserves should
also consult the other applicable department rules
(Chapter 21. Florida Administrative Code for
example) as well as the rules of the Department of
Environmental Regulation.
(4) These rules shall not afict previous actions
of the board concerning the issuance of any
easement or least; or any disclaimer concerning
sovereignty lands.
(5) The intent and specific provisions expressed
in 20.00(e) and (f) apply generally to all
existing or future aquatic preserves with the scope
of this chapter. Upon completion of a resource
inventory and approval of a mangement plan for a
preserve pursuant to 18-20.0013, the type
designation and the resource sought to preserved
may be readdressed by the Board.

FLORIDA AQUATIC PRESERVES CH. 18-20

GENERAL LOCATION
OF

FLORIDA AQUATIC PRESERVES

5. Wekiva River Aquatic Preserve, as 8. Indian River - Malabar to Sebastain
described in Section 258.39(30), F.S. Aquatic Preserve, as described in the Official
6. Mosquito Lagoon Aquatic Preserve, as Records of Brevard County in Book 1143,
described in the Official Records of Volusia pages 199-202, and in the Official Records of
County in Book 1244, pages 619-623, and in Indian River County in Book 368, pages 5-8.
the Official Records of Brevard County in 9. Indian River - Vero Beach to Fort
Book 1143, pages 190-194. Pierce Aquatic Preserve, as described in the
7. Banana River Aquatic Preserve, as Official Records of Indian River County in
described in the Official Records of Brevard Book 368, pages 9-12, and in the Official
County in Book 1143, pages 195-198, less Records of St. Lucas County in Book 187,
those lands dedicated to the U.S.A. prior to the pages 1083-1086.
enactment of the act, until such time as the U. 10. Jensen Beach to Jupiter Inter Aquatic
S.A. no longer wishes to maintain such lands Preserve, as described in the Official Records
for the purpose for which they were dedicated, of St. Lucas County in Book 218, pages
at which time such lands would revert to the 2865-2869.
board, and be managed as part of the preserve. 11. North Fork, St. Lucas Aquatic

Preserve, as described in the Official Records 28. St. Andrews State Park Aquatic
of Martin County in Book 337, pages Preserve, as described in the Official Records
2159-2162, and in the Official Records of St. of Bay County in Book 379, pages 547-550.
Lucas County in Book 201, pages 1676-1679. 29. rocky Bayou State Park Aquatic
12. Loxahatcher River - Lake Worth Preserve, as described in the Official Records
Creek Aquatic Preserve, as described in the of Okaloosa County in Book 593, pages
Official Records of Martin County in Book 742-745.
320, pages 193-196, and in the Official 30. Yellow River Marsh Aquatic Preserve,
Records of Palm Beach County in Volume as described in the Official Records of Santa
1860, pages 806-809. Rosa County in Book 206, pages 568-571.
13. Biscayne Bay - Cape Florida to 31. Fort Pickens State Park Aquatic
Monroe Conty Line Aquatic Preserve, as Preserve, as described in the Official Records
described in the Official Records of Datie of Santa Rosa County in Book 220, pages
County in Book 7055, pages 852-856, less, 60-63, in the Official Records of Escambia
however, those lands and waters as described County in Book 518, pages 659-662, less the
in Section 258.165, F. S., (Biscayne Bay lands dedicated to the U. S. A. for the
Aquatic Preserve Act of 1974), and those lands establishment of the Gulf Islands National
and waters within the Biscayne National Park. Seashore prior to the enactment of the act, until
14. Lignumvitat Key Aquatic Preserve, as such time as the U. S. A. no longer wishes to
described in the Official Records of Monroe maintain such lands for the purpose for which
County in Book 502, pages 139-142. they were dedicated, at which time such lands
15. Coupon Bight Aquatic Preserve, as would revert to the board and be managed as
described in the Official Records of Monroe part of the preserve.
County in Book 502, pages 143-146. Specific Authority 120.33, 258.43(1) FS. Law
16. Cape Romano - Ten Thousand implemented 258.39, 258.40, 258.41, 258.42,
Islands Aquatic Preserve, as described in the 258.43, 258.44, 258.45 FS. History-New 2-23-81.
Official Records of Collier County in Book 32. For the purpose of this section the
381, pages 298-301. boundaries of the Lake Jackson Aquatic Preserve,
17. Rookery Bay Aquatic Preserve, as shall be the body of water in Leon County known as
described in Section 258.39(31), FS. Lake Jackson in Sections 1,2,3,5,10,11, and 14.
18. Estero Bay Aquatic Preserve as described in Township 1 North Range 1 West and Sections 11,
Section 258.39(28), Florida Statutes. 12, 13, 14, 15, 21, 22, 23, 26,27,28,29,32,33,34,
19. Pine Island Sound Aquatic Preserve, as and 35. Township 2 North Range 1 West lying
described in the Official Records of Lee below the ordinary high water line. Such lands shall
County in Book 648, pages 732-736. include the submerged bottom lands and the water
20. Mauacha Pass Aquatic Preserve, as column upon such lands, as well as all publiciy
described in the Official Records of Lee owned ilands, within the boundaries of the
County in Book 800, pages 725-728. preserve. any privately held upland within the
21. Gasparilia Sound - Charlotte Harbor boundaries of the preserve shall be deemed to be
Aquatic Preserve, as described in Section excuted therefrom; provided thtat the Board may
258.392, F.S. negotait an arrangement with any such private
22. Cape Haze Aquatic Preserve, as upland owner by which such land may be included
described in Section 258.39(29), F.S. in the preserve.
23. Cockroach Bay Aquatic Preserve, as 33. Terra Ceia Aquatic Preserve, as described in
described in Section 258.391, F.S. Section 258.393, Florida Statutes.
24. St. Martins Marsh Aquatic Preserve, 34. Future aquatic preserves established
as described in the Official Records of Citrus pursuant to general or special acts of legisiature.
County in Book 276, pages 236-241. Specific Authority 120.53, 258.43(1) FS. Law
25. Alligator Harbor Aquatic Preserve, as implemented 258.39,258.391,258.392,258.393,256.40,
described in the Official Records of Franklin 258.41, 258.42, 258.43, 258.44, 258.45, FS. History-
County in Volume 98, pages 82-85. New 2-23-81, Amended 8-7-85.
26. Apalachicola Bay Aquatic Preserve, as 18-20.003 Definitions. When used in
described in the Official Records of Gulf these rules the following words shall have the
County in Book 46, pages 77-81, and in the indicated meaning unless the context clearly
Official Records of Franklin County in indicates otherwise:
Volume 98, pages 102-106. (1) "Act" means the provisions of Section
27. St. Joseph Bay Aquatic Preserve, as 258.35 through 258.46, F.S., the Florida
described in the Official Records of Gulf Aquatic Preserve Act.
County in Book 46, pages 73-76. (2) "Activity" means any project and such
other human action within the preserve
requiring board approval for the use, sale,
lease or transfer of interest in sovereignty lands
or materials or which may require a license
from the Department of Environmental
Regulation.

(3) "Aesthetic values" means scenic (11) "Department" means the State of
characteristics or amenities of the preserve in Florida Department of Natural Resources, as
its essentially natural state or condition, and administrator for the board.
the maintenance thereof. (12) "Division" means the Division of
(4) "Applicant" means any person making State Lands, which performs all staff duties
application for a permit, license, conveyance of and functions related to the administration of
an interest in state owned lands or any other lands title to which is, or will be, vested in the
necessary form of governmental approval in board, pursuant to section 253.002. F.S.
order to perform an activity within the (13) "Dock" means a fixed or floating
preserve. structure, including moorings, used for the
(5) "Beneficial biological functions" means purpose of berthing buoyan: vessels either
interactions between fiora, fauna, and physical temporarily or indefinitely.
or chemical attributes of the environment, (14) "Essentially natural condition" means
which provide benefits that accure to the public those functions which support the continued
at large, including, but not limited to: nutrient, existence or encourage the restoration of the
pesticitit and heavy metal uptake; sediment diverse population of indigenous life forms and
retention; nutrient: conversion to biomass; habitats to the extent they existed prior to the
nutriet recycling and oxygenation. significant development adjacent to and within
(6) "Beneficial hydroiogical functions" the preserve.
means interactions between fiora, fauna and (15) "Extreme hardship" means a significant
physical geological or geographical attributes burden, unique to the applicant and not shared by
of the environment, which provide benefits property owners in the area. Self-imposed
that accure to the public at large, including, but circumstances caused to any degree by actions of any
not limited to retardation of storm water flow; person subsequent to the enactment of the Act shall
storm water retention; and water storage, and not be construed as an extreme hardship. Extreme
periodical release; hardship under this act shall not be construed to
(7) "Biological values" means the include any hardship which arises in whole or in
preservation and promotion of indigenous life part from the effect of other federal, state or local
forms and habitats including, but not limited laws, ordinances, rules or regulations. The term
to sponges, soft corals, hard corals, submerged may be inherent in public projects which are shown
grasses, mangroves, saltwater marshes, fresh to be a public necessity.
water marshes, mud flats, marine, estuarine, (16) "Fill" means materials from any source,
and aquatic reptiles, games and non-games deposited by any means onto sovereignty lands,
fish species, marine, estuarine, and aquatic either for the purpose of creating new uplands or for
mammals, marine, estuarine, and aquatic any other purpose, including spoiling of dreaged
invertebrates, birds and shellfish. materials. For the purpose of this rule, the
(8) "Board" means the Governor and placement of pilings or riprap shall not be
Cabinet sitting as the Board of Trustees of the considered to be filling.
Internal Improvement Trust Fund. (17) "Lease" means a conveyance of
(9) " Channel" means a trench, the bottom interest in lands, title to which is vested in the
of which is normally covered entirely by water, board, granted in accordance with specific
with the upper edges of its sides normally terms set forth in writing.
below water. (18) "Marina" means a small craft harbor
(10) "Commercial industrial and other revenue complex used primarily for recreation.
generating/income related docks" means docking (19) "Oil and gas transportation facilites"
facilities for an activity which produces income, means those structures necessary for the
through rental or any other means, or which serves movement of oil and gas from the production
as an acessory facility to other rental, commercial site to the consumer.
or industrial operations. It shall include, but not be (20) "Person" means individuals, minors,
limited to docking for marinas, restautants, hotels, partnerships, corporations, joint ventures,
motels, commercial fishing, shipping, boat or ship estates, trusts, syndicates, fidutiaries, firms,
construction, repair, and sales. and all other associations and combinations,
whether public or private, including
governmental entities.
(21) "Pier" means a stucture in, on, or
over sovereignty lands, which is used by the
public primarily for fishing, swimming, or
viewing the preserve. A pier shall not include a
dock.

(22) "Preserve" means any and all of those (29) "Quality of the perserve" means the
areas which are exceptional areas of degree of the biological, aesthetic and scientific
sovereignty lands and the associated water values of the preserve necessary for present and
body so designated in Section 258.39, 258.391, future enjoyment of it in an essentually natural
and 258.392, F.S., including all sovereignty condition.
lands, title to which is vested in the board and (30) "Resource management agreement"
such other lands as the board may acquire or means a contractual agreement between the
approve for inclusion, and the water column board and one or more parties which does not
over such lands, which have been set aside to be create an interest in real property but merely
maintained in an essentially natural or existing authorizes conduct of certain management
condition of indigenous fiora and fauna and activities on lands held by the board.
their supporting habitat and the natural scenic (31) "Resource Protection Area (RPA)1" -
qualities and amenities thereof. Areas within the aquatic preserves which have
(23) "Private residential single dock" means resources of the highest quality and condition for
dock which is used for private, recreational or that area. These resources may include, but are not
leisure purpose for a single family residence, limited to corals; marine grassbeds; mangrove
cottage or ther such single dwelling unit and which swamps; saltwater marsh; oyster bars;
is designed to moor no more than two boats. archacoiogical and historical sites; endangered or
(24) "Private resedential multi-slip dock" means threatened species habitat and colonial water bird
a docking facility which is used for private nesting sites.
recreational or leisure pupose for multi-unit (32) "Resource Protection Area 2" - Areas
residential dwellings which shall include but is not within the aquatic preserve which are in transition
limited to condonminiums, townhouses, subdivisions with either declining resources protection area 1
and other such dwellings or residential areas and resources or new pioneering resources within
which is designed to moor three or more boats. resource protection area 3.
Yacht clubs associated with residential (33) "Resource Protection Area 3" - Areas
developments whose memberships or utilization of within the aquatic preserve that are characterized
the docking facility requires some real property by the absents of any significant natural resource
interest in the residential area, shall also be attributes.
included. (34) "Riparian rights" means those rights
(25) "Public interest" means demonstrable incident to lands bordering upon navigabit
environmental, social, and economic benefits waters, as recognized by the courts of this state
which would accure to the public at large as a and common law.
result of a proposed action, and which would (35) "Sale" means a conveyance of interest
clearly exceed all demonstrable in lands, by the board for consideration.
environmental, social, and economic costs of (36) "Scientific values" means the
the proposed action. In detemining the public preservation and promotion of certain qualities
interest in a request for use, sale,lease, or or features which have scientific significance.
transfer of interest in sovereignty lands or (37) "Short protection structure" means a
severence of materials from sovereignty lands, type of coastal construction designed to
the board shall consider the ultimate project minimize the rate of erosion. Coastal
and purpose to be served by said use, sale, lease, construction includes any work or activity
or transfer fo lands or materials. which is likely to have material physical
(26) "Public navigation project" means a effect on existing coastal conditions or natural
project primarily for the purpose of navigation short processes.
which is authorized and funded by the United (38) "Sovereignty lands" means those
States Congress or by port authorities as lands including, but not limited to: tidal lands,
defined by Section 315.02(2), F.S. islands, sandbars, shallow banks, and lands
(27) "Public necessity" means the works or waterward of the ordinary or mean highwater
improvements required for the protection of line, to which the State of Florida acquired title
the health and safety of the public, consistent on March 3, 1845, by virtue of statehood, and
with the Act and these rules, for which no other of which it has not since divested its title
reasonable alternative exists. interest. For the purposes of this rule
(28) "Public utilities" means those sovereignty lands shall include all submerged
services, provided by persons requlated by the lands within the boundaries of the preserve,
Public Service Commission, or which are title to which is held by the board.
provided by rural cooperatives, municipalities, (39) "Spoil" means materials dredged from
or other governmental agencies, including sovereignty lands which are redeposited or
electricity, telephone, public water and discarded by any means, onto either
wastewater services, and structures necessary sovereignty lands and uplands.
for the provision of these services.

(40) "Transfer" means the act of the board 8. installation and maintence of oil and gas
by which any interest in lands, including transportation facilites.
easements other than sale or lease is conveyed. 9. creation, maintence, replacement or
(41) "Utility of the preserve" means fitness expansion of facilities required for the provision of
of the preserve for the present and future public utilites and
enjoyment of its biological, aesthetic and 10. other activities which are a public necessity
scientific values, in an essentially natural or which are necessary to enhance the quality or
condition. utility of the preserve and which are consistent with
Specific Authority 258.43(1) FS. Law Implemented the act and this chapter.
258.37, 258.43(1) FS. History-New 2-25-81. (f) For activities listed in paragraphs
(42) "Water dependent activity" means an 18-20(1)(e)1-10. above the activity shall be
activity which can only be conducted on, in, over, or designed so that the structure or stuctures to be
ajactent to, water areas because the activity built in, on or over sovereignty lands are limited to
requires direct access to the water body or structures necessary to conduct water dependent
sovereignty lands for transportation, recreation, activities.
energy production or transmission, or source of (g) For activites listed in paragraphs
water and where the use of the water or sovereignty 18-20(1)(e)7, 8, 9, and 10 above it must be
lands is an intergral part of the activity. demonstrated that no other reasonable alternative
Specific Authority 258.43(1) FS. Law Implemented exists which would allow the proposed activity to be
258.37, 258.43(1) FS. History-New 2-25-81. Amended constructed or undertaken outside the preserve.
8-7-85. (h) The use of state-owned lands for the purpose
Management Policies, Standards of providing private or public road access to islands
and Criteria. The following management policies, where such access did not previously exist shall be
standards and criteria are supplemental to Chapter prohibited. The use of state-owned land for the
8-21. Florida Administrative Code (Sovereignty purpose of providing private or public water supply
Submerged Lands Management) and shall be to islands where such water supply did not
utilized in determining whether to approve previously exist shall be prohibited.
approve with conditions or modifications or deny all (i) Except for public navigation projects and
request for activities on sovereignty lands in maintenance dredged for exisiting channels and
aquatic preserves. basins, any areas dredged to improve or create
(1)GENERAL PROPRIETARY navigational access shall be incorporated into the
(a)In determining whether to approve or deny preempted area of any required lease or be subject to
any request the board will evaluate each on a the payment of a neqotiated private easement
cast-by-cast basis and weigh any factors reievant (j) Private Residential multi-slip docking
under Chapter 253 and/or 258, Florida Statutes facilities shall require a lease.
The Board, acting as Trustees for all state-owned (k) Aguaculture and beach renourishment
lands reserve the rights to approve, modify or reject activities which comply with the standards of this
any proposal. rule chapter and Chapter 821, Flordia
(b)There shall be no further sale, lease, or Administrative Code, may be approved by the
transfer of sovereigty lands except when such sale, board, but only subsequent to a formal finding of
lease or transfer is in the public interest (see Section compatibility with the purpose of Chapter 258,
18-20.00 Public Interest Assessment Criteria). Florida Statutes, and this rule chapter.
(c) There shall be no construction of seawalls (l) Other uses of the preserve or human activity
waterward of the mean or ordinary high water line. within the preserve, although not originally
or filling waterward of the mean or ordinary high contempiated may be approved by the board, but
water line except in the case of public road and only subsequent to a formal finding of compatibility
bridge projects where no reasonable alternative with the purpose of Chapter 256. Florida Statutes
exists. and this rule chapter.
(d) There shall, in no case, be any dredging (2)PUBLIC INTEREST ASSESSMENT
waterward of the meand or ordinary high water line CRITERIA
for the sole or primary purpose of providing fill for In evaluating requests for the sale, lease, or
any area landward of the mean or ordinary high transfer of interest a balancing test will be utilized
water line. to determine whether the social, economic and/or
(e) A lease easement or consent of use may be environmental benefits clearly exceed the costs.
authorized only for the following activities: (a)GENERAL BENEFIT/COST
1. a public navigation project; CRITERIA
2. maintenance of an existing navigational 1. Any benefits that are balanced against the
channel; costs of a particular project shall be related to the
3. installation or maintenance of approved affected aquatic preserve;
navigational aids; 2. In evaluating the benefits and costs of each
4. creation or maintenance of a resource; specific consideration and weight shall be
commercial/industial dock, pier, or a marina; given to the qualty and nature of the specific
5. creation or maintenance of private docks for aquatic preserve. Projects in the less developed,
reasonable ingress and egress of ribatian owners; more pr aquatic preserves such as
6. minimum dredging for navigation channels Apalachicola Bay shall be subject to a higher
attendant to docking facilities; standard than the more developed upban aquatic
7. creation or maintenance of a short protection preserves such as Boca Ciega Bay and,
structure; 3. for projects in aquatic preserves with adopted
management plans consistency with the
management plan will be weighed heavily when
determining whether the project is in the public
interest.

(b) BENEFIT CATEGORIES (4)RIPARIAN RIGHTS
1. Public access (public boat ramps, boatships, (a)None of the provisions of this rule shall be
etc.); implemented in a manner that would unreasonably
2. providing boating and marina services ihiringe upon the traditional common law and
(repair, pumpout, etc.); statutory riparian rights of upland riparian
3. improve and enhance public health, safety, property owners adjacent to sovereignty lands.
welfare, and law enforcement; (b)The evaluation and determination of the
4. improved public land management; reasonable ribarian rights of ingress or egress for
5. improve and enhance public navigatin; private residentual mult-slip docks shall be passed
6. improve and enhance water quailty; upon the number of linear feet of riparian shoreline.
7. enhancement/restoration of natural habitat (c)For the purposes of this rule a private,
and functions; and, residential single docking facility which meets all
8. improve/protect the requirements of Rurel 8-20(1)(b), Florida Administrative
endangered/threatened/unique species. Code. However, the applicants for such docking
(c) COSTS: facilities must apply for such consent and must meet
1. Reduced/degraded water quality; all of the requirements and stndards of this rule
2. reduced/degraded natural habitat and enables.
functions; (5)STANDARDS AND CRITERIA FOR
3. destruction, harm or harassment of DOCKING FACILITIES
endangered or threatened species and habitat; (a)All docking facitilies whether for a single or
4. preemption of public use; multi-slip residential or commercial shall be
5. increasing navigational hazards and subject to the following stantards and criteria:
congestion; 1. No dock shall extent waterward of the mean
6. reduced/degraded aesthetics; and, or ordinary high water line more than 500feet or 20
7. adverse comuiative impacts. percent of the width of the waterbody at that
(d) EXAMPLES OF SPECIFIC BENEFITS: particular location whichever is less;
1. Donation of land, conservation easements, 2. certain docks may fall within areas of special
restrictive convenants or other title interests in or or unique importance. These areas may be of
contiguous to the aquatic preserve which will significant bioiogical, scientific, historic and/or
protect or enhance the aquatic preserve; aesthetic value and require special management
2. providing acsess or facilities for public land considerations. Modifications may be more
management activities; restrictive than the normally accepted criteria. Such
3. providing public access easements and/or modifications shall be determined on a case-by-case
facitilies such as beache access, boat ramps, etc.; analysis and may include, but shall not be limited to
4. restoration/enhancement of adhered habitat or changes in location, configuration, length, width
natual functions, such as conversion of vertical and height;
bulkheads to riprap and/or vegetation for shoreline 3. the number, lengths, drafts and types of
establishment or re-establishment of shoreline or vessels allowed to utilize the proposed facility may
submerged vegetation; also be supuiatec; and,
5. improve fishery habitat through the 4. where local governments have more stringent
establishment of artifticial reels or other such standards and criteria for docking facilities, the
projects wher appropriate; more stringent standards for the protection and
6. providing sewage pumpout facilities where enhancement of the aquatic preserve shall prevail.
normally not required, in particular facilities open (b) Private residential single docks shall
to the general public; conform to the following specific design standards
7. improvements to water quality such as and criteria:
removal of toxic sediments, increased fishing and 1. Any main access dock shall be limited to a
circulation, etc.; maximum width of four (4) feet;
8. providing upland dry storage as an alternative 2. the dock decking design and construction will
to wetslip; and, insure maximum light penetration with full
9. marking navigation channels to avoid consideration of safety and practically;
disruption of shall water habitats. 3. the dock will extend out from the shoreline no
(3) RESOURCE MANAGEMENT further than to a maximum depth of minus four (-
(a) All proposed activities in aquatic preserves 4) feet (mean low water);
having management plans adopted by the board 4. when the water depth is minus four (-4) feet
must demonstrate that such activities are consistent (mean low water) at an existint bulkhead the
with the management plan. maximum dock length from the bulkhead shall be
(b) No drilling of oil, gas, or other such wells 25 feet, subject to modifications accummodating
shall be allowed. shoreline vegetation overhang;
(c) Utility cables, pipes and other such 5. wave break devices, when necessary shall be
structures shall be constructed and located in a designed to allow for maximum water circulation
manner that will cause minimal disturbance to and shall be built in such a manner as to be part of
submerged land resources such as oyster bars and the dock structure;
submerged grass beds and do not interfere with 6. terminal platform size shall be no more than
traditional public use. 160 square feet; and,
(d) Spoil disposal within the preserves shall be 7. dredging to obtain navigabit water depths in
strongly discourgaged and may be approved only coniunction with private residential, single dock
where the applicant has demonstrated that there is applications is strongly discouraged.
no other reasonable alternative and that activity (c) Private residential multi-slip docks shall
may be beneficial to, or at a minimum, not harmful conform to the following specific design standards
to the quality and utility of the preserve. and criteria:

1. The area of sovereigty, submerged land 8. marina siting will be coordinated with local
preempted by the docking facility shall not exceed governments to insure consistency with all local
the square footage amounting to ten times the plans and ordinaces;
riparian wateriron; footage of the affected 9. marinas shall not be sued within state
waterbody of the applicant or the square footage designated manatee sancturances; and,
attendant to providing a single dock in accordance 10. in any areas with known manatee
with the criteria for private residentual single docks concentrations, manatee warning/notice and/or
whenever is greater. A conservation easement or speed limit signs shall be erected at the marina
other such list restriction acceptable to the board and/or ingress and egress channels according to
must be placed on the riparian shoreline used for Florida Marine Patrol specifications.
the calculation of the 10.1 threshold, to conserve and (c) Exceptions to the standards and criteria
protect shoreline resources and subordinate/waive listed in Rule 18-20(5). Flordia
any further riparian rights of ingress and egress for Admininistrative Code may be considered but only
additonal docking facilities: upon demonstration by the applicant that such
2. docking facilities and access channels shall be exceptions are necessary to insure reasonable
prohipited in Resource Protection 1 and 2, riparian ingress and egress.
except as allowed pursuant to Section (6)MANAGEMENT AGREEMENTS
258.42(3)(c)1, Florida Statutes, while dredging in The board may enter into management
Resource Protection Area 3 shall be strongly agreements with local agencies for the
discourged; administration and enforcement of standards and
3. docking facilities shall only be approved in criteria for private residential single docks
locations having adequate existing water depths in Specific Authority 253.03 258.23(1)FS. Law
the boat mooring, turning basin, access channels, implemented 253.03, 258.41, 258.42, 258.43(1),258
and other such areas whcih will accommadate the FS. History-New 2-25-81. Amended 8-7-85.
proposed boat use in order to insure that a minimum Editorial Note The 8-7-85 amenament entirely
of one foot citarance is provided between the deepest superseded the former rule
draft of a vessel and the bottom at mean low water; 18-20.005 Uses, Sales, Leases, or Transfer of
4. main access docks and connecting or cross interests in Lands, or Materials, Held by the
walks shall not exceed six (6) feet in width; Board
5. terminal platforms shall not exceed eight (8) Specific Authority 258.43(1) FS. Law Implemented
feet in width; 253.02, 253.12, 258.42 FS. History-New 2-25-81
6. finger piers shall not exceed three (3) feet in Repeated 8-7-85.
width, and 25 feet in length; 18-20.006 Cumulative Impacts. In
7. pilings may be utilized as required to provide evaluating applications for activities within the
adequate mooring capabilities; and, preserves or which may impact the preserves,
8. the following provisions of Rule the department recognizes that while a
8-20.00 (3)(d) shall also apply to private particular alteration of the preserve may
residential multi-slip docks. constitute a minor change, the cumulative
(d) Commercial industrial and other revenue eflicts of numerous such changes often result
generating/income related docking facilities shall in major impairments to the resources of the
conform to the following specific design standards preserve. Therefore, the department shall
and critera: evaluate a particular site for which the activity
1. Docking facilities shall only be located in or is proposed with the recognition that the
near areas with good circulation, flushing and activity may, in conjunction with other
adequate water depths; activities adversely affect the preserve which is
2. docking facilities and access channels shall be part of a complete and interrelted system. The
prohibited in Resource Protection Area 1 and 2. impact of a proposed activity shall be
except as allowed pursuant to Sections considered in light of its cumulative impact on
256.42(3)(c)1.,Florida Statutes: while dredging in the preserve's natural system. The department
Resource Potection Area 3 shall be strongly shall include as a part of its evaluation of an
discouraged; activity;
3. the docking facilities shall not be located in (1) The number and extent of similar
Resource Protection Area 1 or 2; however, main human actions within the preserve which have
access docks may be allowed to pass through previously affected or are likely to affect the
Resource Protection Area 1 or 2, that are located preserve, whether considered by the
along the shoreline in reach an acceptable Resource department under its current authority or
Protection Area 3, provided that such crossing will which existed prior to or since the enactment of
generate minimal environmental impact; the Act; and,
4. beginning July 1, 1986 new docking facilities may (2) The similar activities within the
obtain a lease only where the local governments have an preserve which are currently under
adopted marina plan and/or policies dealing with the consideration by the department; and,
siting of commercial/industrial and private, residential,
multi-slip docking facilities in their local government
comprehensvie plan;
5. the siting of the docking facilities shall also
take into account that access of the boat traffic to
avoid marine grassbeds or other aquatic resources in
the surrounding areas;
6. the siting of new facilities within the preserve
shall be secondary to the expansions of exsisting
facililities within the preserve when such expansion
is consistent with the other standards;
7. the location of new facilities and expansion of
existing facilities shall consider the use of upland
dry storage as an alternative to multiple wet-slip
docking.

(3) Direct and indirect eflects upon the 18-200.009 Establishment or Expansion
preserve and adjacent preserves, if applicable, of Aquatic Preserves.
which may reasonably be expected to result (1) The board may expand existing
from the activity; and, preserves or establish additional areas to be
(4) The extent to which the activity is included in the aquatic preserve system,
consistent with management plans for the subject to confirmation by the legislature.
preserve, when developed; and, (2) The board may, after public notice and
(5) The extent to which the activity is public hearing in the county or counties in
permissible within the preserve in accordance which the proposed expanded or new preserve
with comprehensive plans adopted by affected is to be located adopted a resolution formally
local governments, pursuant to section setting aside such areas to be included in the
163.3161, F.S., and other applicable plans system.
adopted by local, state, and federal (3) The resolution setting aside an aquatic
governmental agencies; preserve area shall include:
(6) The extent to which the loss of (a) A legal description of the area to be
beneficial hydrologic and biologic functions included. A map depicting the legal description
would adversely impact the quality or utility of shall also be attached.
the preserve; and, (b) The designation of the type of aquatic
(7) The extent to which mitigration preserve.
measures may compensate for adverse impacts. (c) A general statement of what is sought to
Specific Authority 258.43(1)FS. Law Implemented be preserved.
258.36, 258.43, 258.44 FS. History-New 2-25-81. (d) A statement that the area established as
18-20.007, Protection of Riparian Rights. a preserve shall be subject to the management
Specific Authority 258.43(1) FS. Law Implemented criteria and directives of this chapter.
258.123,258.124(b). 258.44 FS. History-New 2-25-81. (e) A directive to develop a natural resource
Repeated 8-7-85. inventory and a management plan for the area
18-20.008 Inclusion of Lands, Title to being established as an aquatic preserve.
Which Is Not Vested in the Board, in a (4) Within 30 days of the designation and
Preserve. establishment of an aquatic preserve, the board
(1) Lands and water bottoms which are shall record in the public records of the county
within designated aquatic preserve or counties in within the preserve is located a
boundaries, or adjacent thereto and which are legal description of the preserve.
owned by other governmental agencies may be Specific Authority 258.43(1)FS. Law Implemented
included in an aquatic preserve upon specific 258.41 FS. History-New 2-25-81.
authorization for inclusion by an appropriate 18-20.010 Exchange of Lands. The
instrument in writing executed by the agency. board in its descretion may exchange lands for
(2) Lands and water bottoms which are the benefit of the preserve, provided that:
within designated aquatic preserve boundaries (1) In no case shall an exchange result in
or adjacent thereto, and which are in private any land or water area being withdrawn from
ownership, may be included in an aquatic the preserve; and,
preserve upon specific authorization for (2) Exchanges shall be in the public
inclusion by an appropriate instrument in interest and shall maintain or enhance the
writing executed by the owner. quality or utility of the preserve.
(3) The appropriate instrument shall be
either a dedication in perpetuity, or a lease. Specific Authority 258.43(1) FS. Law Implemented
Such lease shall contain the following 258.41(3), 258.42(1) FS. History-New 2-25-81.
conditions.
(a) The term of the lease shall be for a 18-20.011 Gifts of Lands. The board in
minimum period of ten years. its discretion may accept any gifts of lands or
(b) The board shall have the power and interests in lands within or contiguous to the
duty to enforce the provisions of each lease preserve to maintain or enhace the quality
agreement, and shall additionally have the and utility of the preserve.
power to terminate any lease if the termination Specific Authority 258.43(1)FS. Law Implemented
is in the best interest of the aquatic preserve 258.42(3)FS. History-New 2-25-81.
system, and shall have the power to include
such lands in any agreement for management
of such lands.
(c) The board shall pay no more thna $1
per year for any such lease.
Specific Authority 258.43(1)FS. Law Implemented
258.40, 258.41 FS. History-New 2-25-81.

18-20.012 Protection of Indigenous 18-20.017 Lake Jackson Aquatic Preserve.
Life Forms. The taking of indigenous life In addition in the provisions of Rules (20.001)
forms for sale or commercial use is prohibited, through 20 the following requirements
except that this prohibition shall not extend to shall also approve in all proposed acquires within the
the commercial taking of fin fish, crustacta or Lake Jackson Aquatic Preserve. If any provisions of
moliusks, except as prohibited under this Rule are in confirm with any provision of Rules
applicable laws, rules or regulations. Members 18-20.001 through 18-20.010 pr Chapter 73-534.
of the public may exercise their rights to fish, so Laws of Florida the stronger provision for the
long as not contrary to other statutory and protection or enhancement of the aquatic preserve
regulatory provisions controling such shall prevail.
activities. (1) No further sale, transfer or lease of
Specific Authority 258.43(1)FS. Law Implemented sovereignty lands in the preserve shall be approved
258.43(1)FS. History-New 2-25-81. or consummated by the board, except upon a
showing of extreme hardship on the part of the
18-20.013 Development of Resource applicant or when the board shall determine such
Invetories and Management Plans for sale, transfer or lease to be in the public interest.
Preserves. (2) No further dredging and spoiling as may
(1) The board authorizes and directs the division lands of the preserve shall be approved or tolerated
in develop a resource inventory and management by the Board of Trustees except:
plan for each preserve. (a) Such minimum dredging and spoiling as may
(2) The division may perform the work in be authorized for public navigation project or for
develop the inventories and plans or may enter into preservation of the lake according to the expressed
agreements with other persons to perform the work intent of Chapter 73-534. Laws of Florida: and,
in either case all work performed shall be subject to (b)Such other alteration of physical conditions
board approval. as may be necessary to enhance the quality or utility
Specific Authority 258.43(1)FS. Law Implemented of the preserve.
253.03(7), 253.03(8) FS. History-New 2-25-81. (3) There shall be no drilling of wells
Amended 8-7-85. excavation for snell or minerals, and no erection of
Editorial Note: The 8-7-85 amendment entirely structures (other than docks), within the preserve
superscored the former rule. unless such activity is associated with activity
18-20.014 Enforcement. The rules shall authorized by Chapter 73-534. Laws of Florida.
be enforced as provided in Section 258.46. (4) The Board shall not approve the relocations
Specific Authority 258.43(1) FS. Law Implemented of bulkhead lines with the preserve.
258.46 FS. History-New 2-25-81. (5) Notwithstanding other provisions of this act,
18-20.015 Application Form. the board may, respecting lands lying within the
Specific Authority 253.43(1) FS. Law Implemented Lake Jackson basin:
258.43 FS, History-New 2-25-81. Repeated 8-7-85. (a) Enter into agreements for and establish lines
18.20.016 Coordination with Other delineaing sovereignty and privately owned lands;
Governmental Agencies Where a (b) Enter into agreements for the exchange and
Department of Environmental Regulation exchange soverteignty lands for privately owned
permit is reguired for activites on sovereignty lands;
lands the department will coordinate with the (c) Accept gifts of land within or contiguous to
Department of Environmental Regulation to the preserve.
obtain a copy of the joint Department of Specific Authority 258.39(26) FS. Law Implemented
Army/Florida Depratment of Environmental 258.39(26), 258.43 FS. History-New 8-7-85.
Regulation permit application and the
biological survey. The information contained
in the joint permit application and biological
assessment shall be considered by the
department in preparing its staff
recommentiations to the board. The board may
also consider the reports of other governmental
agencies that have related management or
permitting responsibilities regarding the
proposed activity.
Specific Authority 253.43(1) FS. Law Implemented
258.43 FS. History-New 2-25-81.

Nov 12 1985 Nov 14 1985
Chapter 16Q-21
SOVEREIGNTY SUBMERGED LANDS
MANAGEMENT

16Q-21.01 Intent
16Q-21.02 Scope and Effective Date
16Q-21.03 Definitions
16Q-21.04 Management Policies, Standards
and Criteria
16Q-12.05 Procedures
16Q-21.06 Applications- General
Information
16Q-21.07 Applications for Consent of Use
16Q-12.08 Applications for Lease
16Q-21.09 Applications for Public Easement
16Q-21.10 Applications for Private Easement
16Q-21.11 Payments and Fees for Standard
Leases, Easements and Severed
Dredge Materials.
16Q-21.12 Spoil Islands
16Q-21.13 Applications to Purchase Lands
Riparia to Uplands
16Q-21.14 Disclsimers to Confirm Title to
Filled Formerly Sovereignty
Lands.
16Q21.15 Quitelaims to Clear Title to filled
Formerly Sovereingnty Lands.
16Q-21.16 Applications to Reclaim Lands
Lost Due to Avulsion or Artificial
Erosion.
Library References; Lakes: Distinguishing Them from
Wet Prairie James R. Brindell 57 Fla. Bar J. 724
(December, 1983)
16Q-21.01 Intent. The intent and purpose of
this rule is
(1) To aid in fulfilling the trust and fiduciary
responsibilities of the Board of Trustees of the
internal Improvement Trust Fund for the
adminstration, managememnt and disposition of
sovereignty lands:
(2) To insure maximu benefit and use of
soverreignty lands for all the citizens of Florida
(3)To manage, Protect and enhance
sovereignty lands so that the public may continue to
enjoy traditional uses including, but not limited to
navigation, fishing and swimming
(4) To manage and provide maximum
protection for all sovereignty lands, especially those
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 priviledges and
(6) To aid in the implemention of the State
Lands Management Plan.
Specific Authority 253.03 (7) FS x Sec. 11 Fla
Const Law Implemented 253.03 251.13 FS History-
New 3-27-82
16Q21.02 Scope and Effective Date.
(1) These rules are to implement the
administrative and management responsibilities of
the board and department regarding sovereignty
lands. Responsibility for environmental permitting
of activities and water quality protection on
sovereninty an other lands is vested with the
Department of Environmental Regulation. These
rules are considered cumulative therefore, a person
planning an activity should consult other applicable
department rules (Chapter 16Q-20, Florida
Administrative code and others as well as the rules
of the Department of Environmental Regulation.
(2) These rules ae prospective in thier
application and shall not apply to activities for
which applications have been submitted to the
department or the Department of Environmental
Regulation prior to the adoption date of these rules
and shall not affect previous actions of the board

pilings, dredging or channels, filling, removal of the general public on a first come, First served basis.
logs, sand, silt, clay, gravel or shell, and the removal This is intended to cover services offered to various
or planting of vegetation on sovereignty lands. types, classes or groups of public users and such
(3) "Applicant" means any person making services need not be comprehensive. The service
application for a lease, sale, or other form of offered may be a specialty service such as boat
conveyance of an interest in sovereignty lands or any repair, seafood purchasing, marine slip rentals or
other necessary form of governmental approval for shipping terminals as long as all services offered are
an activity on sovereignty lands. open to the general class of users without any
(4) "Artificial accretion" means the addition or qualifying requirements such as club membership
sand, sediment, or other material to riparian lands or stock ownership.
caused by man-made projects and operations which (19) "Lease" means an interest in sovereignty
results in dry lands formerly covered by water. lands designated by a contract creating a landlord-
(5) "Artificial erosion" means the loss or tenant relationship between the board as landlord
washing away of sand, sediment, or other material and the applicant as tenant whereby the board
from riparian property caused by man-made grants and transfers to the applicant the exclusive
projects and operations which result in submerged use, possession, and control of certain specified
lands formerly not covered by water. sovereignty lands for a determinate number of
(6) "Avulsion" means the addition to or loss of years, with conditions attached, at a definite fixed
riparian property caused by the sudden and rental.
perceptible natural action of water. (20) "Management agreement" means a
(7) "Aquaculture" means the cultivation or contractual agreement between the board and one or
animal or plant life in an aquatic environment. more parties which does not create an interest in real
(8) "Board" means the Governor and Cabinet property but merely authorizes conduct of certain
sitting as the Board of Trustees of the Internal management activities on lands held by the board.
Improvement Trust Fund. (21) "Marginal dock" means a fixed or floating
(9) "Channel" means a trench, the bottom of structure placed immediately contiguous and
which is normally covered entirely by water, with parallel to an established seawall, bulkhead or
the upper edges of its sides normally below water. revetment.
(10) "Coastal barrier islands" means a (22) "Mean high. water" means the average
depositional geologic featur consisting of height of the high tides over a 19-year period. For
unconsolidated sedimentary materials in an island shorter periods of observation, "mean high water"
configuration which is subject to direct attack by means the average height of the high waters after
wave, tidal, and wind energies originating from the corrections are applied to eliminate known
Atiantic Ocean or Gulf of,mexico, and which serves variations and to reduce the result to the equivalent
to protect landward aquatic habitats, such as bays of a mean 19-year value.
and estuarin, and the interior uplands of the (23) ",Mean high water line" means the
mainland from oceanic wave,tidal, and wind forces intersection of the. local elevation of mean high
(11) "Consent of use" means 3 nonpossessory water with the shore Mean high water line along
interest in sovereignty lands created by an approval the. shore of land immediately bordering on
which allows the applicant the right to erect specific navigable waters is recognized and declared to be
structures or conduct specific activities on said the boundary between the foreshore owned by the
lands. State of Florida in its sovereign capacity and the
(12) "Department" means the State of Florida uplands subject to private ownership. However no
Department of Natural Resources, as administrator provision of this rule shall be deemed to impair the
for the board. title to privately owned submerged lands validly
(13) "Division" means the Division of State alienated by the State of Florida or its legal
Lands which performs all staff duties and functions predecessors.
related to the administration of lands title to which (24) "Nomination" means a proposal for an oil
is or will be vested in the board pursuant to Section and gas lease.
253.002, Florida Statutes. (25) "Person" means individuals, minors,
(14) "Dock" means a Fixed or floating structure, partnerships, corporations,joint ventures, estates,
including moorings, used for the purpose of trusts, syndicates, Fiduciaries, firms, and all other
berthing buoyant vessels. associations and combinations, whether public or
(15) "Easement" means a non-possessory private, including governmental critics.
interest in sovereignty lands created by a grant or (26) "Preempted area" means the area or
agreement which confers upon the applicant the sovereignty lands from which the traditional public
1i1mited right, liberty, and privilege to use said lands uses have been or would be excluded to any extent
for a specific purpose and for a specific time. by an activity. The area may include, but is not.
16) "Energy production" means the limited to, the sovereignty lands occupied by the
exploration for, and extraction of, hydrocarbons, docks and other structures, the area between the
including necessary transmission through pipelines, docks and out to any mooring pilings, and the area
or the water-oriented activities related to the between the docks and the shoreline. If the activity is
generation of electricity. required to be moved waterward to avoid dredging
(17) "Fill" means materials from any source, or disturbance or nearshore habitat, a reasonable
deposited by any means onto sovereignty lands, portion of the neaarshore area that is not impacted by
either for the purpose of creating new uplands or for dredging or structures shall not be included In the
any other purpose, including spoiling of dredged preeempted area.
materials. Public interest" means demonstrable
(18) "First come, first served" means any environmental, social, and economic benefits
water dependent facility operated on the sovereign would accrue to the public at large as a result of a
Lands of the state the services or which are open to proposed action, and which would clearly exceed all

costs of the proposed action. In determining the direct access to the water body or sovereignty lands
public interest in a request for use, sale, lease, or for transportation, recreation, energy production or
transfer of interest in sovereignty lands or severance transmission, or source of water, and where the use
of materials from sovereignty lands, the board shall of the water or sovereignty lands is an integral part
consider the ultimate project and purpose to be of the acitvity.
served by said use, sale, lease, or transfer of lands or Specific Authourity 253.03(7) FS. Law Implemented
materials. 253.03 FS. History- New 9-26-77, Formerly 16C-12.01,
(28) "Public nacigation project" means an 16Q-17.01, Amended 3-27-82, 8-1-83.
activity primarily for the purpose of navigation 16Q-21.04. Management Policies, Standards,
which is authorized and funded by the United States and Criteria. The following management policies,
Congress or by port authorizies as defined by standard, and criteria shall be utilized in
Section 315.02 (2), Florida Statutes. determining whether to approve, approve with
(29) "Public utilitiws" means those services, conditions or modifications, or deny all requests for
provided by persons regulated by the Public Service activities on sovereignty lands.
Commission, or which are provided by rural (1) Gerneral Proprictary
cooperatives, municipalities, or other governmental (a) For approval, all activities on sovereignty
agencies, including electricity, public water and lands must be not contrary to the publuc interest,
wastewater services, and structures necessary for except for sales which must be in the public interest.
the provision of these services and transmission lines (b) All leases, easements, deeds or other forms of
for public communication systems such as approval for sovereignty land activities shall contain
telephone, radio and television. such terms conditions or restructions as deemed
93) "Public water management project" means necessary to protect and manage sovereignty lands.
an acitvity primarily for the purpose of flood (c) Equitable compensation shall be required for
control, conservation, recreation, water storage and leases and easements which generate revenues,
supply, and allied purposes, which is authorized monies or profits for the user or that limit or
and funded by the United States Congress, the Senate preempt gereral public use. Public utilities and
of Florida, or a water management district as state or other governmental agencies exempted by
defined by Section 373.069, Florida Statutes. law shall be excepted from this requirements.
(31) "Revenue generating/income related (d) Activities on sovereignty lands shall be
activity" means an activity on sovereignty lands limited to water dependent activities only unless the
which produces income, through rental or any other board determines that it is in the public interest to
means, or which serves as an accessory facility to allow an exveption as determined by a case by case
other rental, commercial, or industrual operations. evaluation. Public projects which are primarily
It shall include, but not be limited to, docking for intended to provide access to and use of the
marinas, restaurants, hotels, motels, commercial waterfront may be permitted to contain minor uses
fishing, shipping, and boats or ship construction, which are not water dependent if:
repair and sales. 1. located in areas along seawalls or other
(32) "Reclamation of lands" means restoring nonnatural shorelines;
the upland shoreline to a condition that existed prior 2. located outside of aquatic preserves or class II
to avulsion or artificial crosion. waters; and,
(33) "Riparian rights" means those rights 3. the nonwater dependent uses are incidental to
incident to lands bordering upon navigable waters, the basic purpose of the project, and sonstitute only
as recognized by the courts and common law. minor nearshore encroachments on sovereign lands.
(34) "Sale" means a conveyance or transfer of (e) Stilt house, boathoused with living quarters,
title of sovereignty lands in fee simple by the board, or other such residential sturctures shall be
for consideration. prohibited on sovereignty lands.
(35) "Satisfactory evidence of title" means a (f) The State Lands Management Plan shall be
current title insurance policy issued by a title considered and utilized in developing
insurance company authorized to do business in the recommendations for all acitvities on sovereignty
State of Florida, or an opinion of title prepared by a lands.
member of the Florida Bar, covering title to lands (g) The use of sovereignty lands for the purpose
involved and indicating, at least, such minimum of providing road access to islands, where such
interest in the applicant which may entitle the access did not previously exist, shall be prohibited.
applicant to the relied shoght, or such affidavits as The board may grant an exception to this
may be required by the department to establish the prohibition if the board makes a finding that
currency of title status of an applicant. 1. Construction and use of road access is the natural
(36) "Sovereignty lands" means those lands damaging alternative and more protective of natural
including but not limited to, tidal lands, islands resources and sovereignty lands than other access
sand bars, shallow banks, and lands waterward of acitivites; and,
the ordinary or mean high water line, under 2. In the case of coastal barrier islands, such use
navigable fresh and salt waters, to which the State of of sovereignty lands and any upland development
Florida acquired title on March 3, 1845m by virtue of facilitated thereby is in the public interest, or in the
statehood, and which have not been heretofore case of other islands, not contrary to the public
conveyed or alienated. interest.
(37) "Spoil island" means any artificially (h) When one or more expansions to existing
created island having an elevation above water upon grandfatered lease facilities equal 50 percent or
formerly submerged sovereignty lands, title to more of the grandfathered facility then the
which is vested in the board. grandfathered facility will be required to come
(38) "Water dependent activity" means an under lease.
acitivity which can only be conducted on, in, over, or (i) All existing licenses shall be converted to

(2) Resource Management h prohibited area if said !case stipulates that any
(a) All sovereignty lands shall b considered drilling shall be conducted from outside s.d area.
single us lands and shall b managed primarily for (3) Riparian Rights
th maintenance of essentially natural conditions, (a) None or h provisions of this rule shall tic
propagation of fish and wildlife, and traditional implemented in a manner that would unreasonably
recreational uses such as Fishing, boating, and infringe upon the traditional, common qlav riparian
swimming. Compatible secondary purposes and rights of upland property owners adjacent to
uses which will not detract from or interfere with sovereignty lands.
the primary purpose may be allowed. (b) Applications for activities on sovereignty
(b) Activities which would rcsuql't in significant lands riparian to upqlinds rnn only be inade hy and
adverse impacts to sovereignty lands and associated approved for the upland riparian owner, their
rnources shall no( be approved unless there is no legally authorized agent, or persons with sufficient
reasonable alternative and adequate mitigation is Litle interest in uplands for the intended purpose.
proposed. (c) All structures and other activitin must he
(c) Th Department o f Environmental within the riparian rights area of the applicant and
Regulation biological assessments and reports by must be designed in a manner that will not restrict or
other agencies with related statutory, management, otherwise infringe upon the riparian rights of
or regulatory authority may be considered in adjacent upland riparian owners.
evaluating specific rcUCSES to use sovereignty lands. (d) All structurcs and o(hrictivitics must lie set
Any such reports sent to the department in a timcqly back a minimum of 25 feet from the applicant's
manner shall be considered. riparian rights line. Marginal docks may beset hack
(d) Activities shall be designed to minimize or only 10 feet. There shall be no exceptions to the
eliminate any cutting, removal, or ticstrurtion or setbacks unless the applicanis shoreiinr Front;igr is
wetland vegetation (as listed in Rule 17-4.02(17), less thin 65 feet or a sworn affidavit or no obitriltill
Florida Administrative Code) on sovereignty lands. is obtained from the affrvird adjacriv tiplond
(c) Reclamation activities on sovereignty lands riparian owner, or the proix).sed strunurr is a
shall be approved only if avulsion or artificial suba ucous utility title.
erosion is affirmatively demonstrated. Other SA('J'4T- 11tidqwrity 253.01(7) Fs, Law ImpIritirnird
activities involving the placement of fill material 2.5-3,03, 253.12, 23.3.14. 2.5.7..;7, 253.7- .7.5 Fs.
below the ordinary high water line or mean high H;stury-New 3-27-82, Aincndrd
water line shall not be approved unless it is IGQ-21.05 Procedures.
necessary to provide shoreline stabilization, access (1) All activities on snverigmy lands shall
to navigablc water, or for public water management require a lease, rasinicnt, rotisciii of use, or other
projects. form of approval. The following shall be osv(I to
(d)To the maximum extent possible, shoreline detcrinind the forni of approval rruirrd:
stabilization should be accomplished by the (a) Consent of Use - is required
establisihment of appropriate native wetland following activities, provided Lt any
Vegetation. Rip-rap materials, pervious not located in an Aquatic Preserve or NlanaLrc
interlocking brick Systems, filter maLs, and other Sanctuary and which is cxclrnpt from Departinviii of
similar stabilization methods should be utilized in Environmental Regulation permitting
lieu or vertical seawalls wherever feasible. requirements under Section 403.813(2)(a). (1)), (r),
(g) Severance of materials from sovereignty (d), (c), (g), (h), (i), and (k), Florid.) sulluic", is
lands shall be approved only if the proposed hereby exempted from any requirement it) nmkr
dredging is the minimlim amount necessary 10 applicatio for consent of use, and such consent IN
accomplish the stated purpose and is desigened to herein granted by the board:
minimize the need for maintenance dredging. 1. A single dock or access channel which is no
(h) Severance of materials for the primary more than the mini mum length and size necessary to
purpose of providing upland rill shall not be provide rcasonalbllc accesss to navigabic wnter;
approved unless no othcricasonable source of I Docks, access channels, boat ramps, or other
materials is available or the activity is determined to activities which preempt no more than 1,000 square
be in the public interest. feet of sovcrc grity land area for each 100 linear fvrt
(1) Activities on sovereignty lands shalt be or shoreline' in (he ownership (svc
designed to minimize or eliminate adverse pacts "preempted area" definition Rule 160-21.03(25),
on fish and wildlife habitat. Special attention and Florida Administrative Code). Proportional
consqidcraLio shall be given to endangered and increases in the 1,000 square foot threshold can lie
threatened species habitat. added for fractional shoreline increments Over 100
0) To the maximum extent feasible, all beach linear feet-,
compatible dredge materials shall be placed on 3. Marginal docks and mooring pilingsalong an
beaches or within the ncar3hore sznd system. existing seawall, bulkhead or revriment:
(k) Oil and gas drilling 6icasrs on state-owned 4. Replacement or construction of bulkheads or
submerged lands shall be approved only when the seawalls at or within three feet watcrNvard of the
proposed lease area is at one mile seaward of line of mean high water;
the outer coastline of Florida as incd in United S. Placement of riprap at or within ten feqe,
States v. Florida, 425 20U. S. 791, 48 qL. Ed, 2d 388, watcrward of the line of mean high w1alter;
96 S. C1. 1840, upon adequate demonstration that 6. Dredging or other removal of sovereignty
the proposed activity is in the public interest, that materials;
the impact upon aquatic resources has been 7. Rcnourishmczit of pubilcly uwncd'*0bcachcs;
thoroughly considered, and that every effort has and
bern made to minimize potential adverse impacts S. Artificial reefs for public use.

1. Docks, boat ramps, or other such cv c Authority 253 0(7) FS. Lv mpmd
which arc larger than those which can be approved 2-53.03 qFS qHisy-Nw -3-2782
under consent of use (Section 16qQ-21.05(l)(a), 16qQ-21.07 Applcaor for Consent of TJ.
-Florida Administrative Code); 'I
2. All revenue grag/ncomc related () Applications For consent of us shll nlUdC
activities; the following:
q3. Grandfather structures upon sale, (a) Name, address and telephone number of
reassignment or other form of conveyance or -pplicant and applicant's authorized agent, if
transfer; applicable;
4. Existing licenses upon the date of expira i on (b) Location of the proposed activity including:
or renewal. county; section, township and range; affected
5. Aqquaculturc; watcrbody; and a vicinity map, preferably a
6. Oil and gas exploration and development; and reproduction of the appropriate portion of United
q7. Dead shell and other mining. States Geological Survey quadrangle map;
(c) Easement - is required for- . (c) .Satisfactory evidence of title in subject
1. Utility crossings and rights of way; riparian upland property or demonstration or
2. Road and bridge crossings and rights Of Way; sufficient title interest in uplands for the intended
3. Groins, breakwaters, and other such shoreline purpose;
(d) Adetaiqlcd statement orth proposed activity;
protection structures.; (c) Multiple boat slip ricilitics may require an
4. Puq@q111, nqayq)[email protected] qbq; nneqls;
CW affidavit certifying that the facility will not be a
6. ' poil disposal sites; revenue gcncrat .ing/income producing facility;
7. Borrow areas for beach renourishment; and (q0 Two copies of a dimensioned site plan
8. Canals, channels, and other public Water qdrawing(s) with the following requirements:
management structures. q1. utilizing an appropriate szqic on 8 1/2' X
(d) Management Agreement - is required for- ]'size paper;
1. Management and protection activities which 2. showing the approKit"nUtt! water's edge;
3. showing the location of the shoreline
do not require title interest in state lands. Such vCgetation,'qiqf existing;
activities may include, but are not limited to, 4. showing the location or the proposed
endangered species, rookery, preserve, or sanctua
rqy structures and any existing structures;
protection, and management of educational, 5. showing the appqlqicarc's upland parcel
recreational, or scicritiqfqic study areas. property lines; and,
(c) randqlathcr structure rcqgqisqmition q- is q0. showing tqhe primary nvignqdon channels or
required for:
1. Docks, piers and other Such structures on direction to the rrnicr of the fqfqmcqd wairrbricqly.
i (g) If dredging is proposed, an qmilqmate of the
sovereignty lands in existence prior to March 10, number or cubic qyarqilqt; of sovereignty mairrqinqis to be
197U which do not now have a lease but would removed showing how tqhe amount was caqlculateqe,.
rcouire a lease pursuant to Section qSpecqiqfqir Authority 25.3.0.1q(q7) qFqS. Law Impierrie-nied
.q160q0-21.q05(ql)(b), Florida Administrative Codr. 2.53.0q3 q2.5q3.12, 2q3.q3.77 qFqS. 0qHistory-Nctv 3.27-8q2
2. Docks, piers and Other such structures which
were approved by the Board or department between 1q60qQ-21.0q8. Applications for Least.
March 10, 1970 and March 27, 19q82 which would Applications for ]cases are divided into four
now require a lease pursuant to Section categories. All leases,.cxccqpt aquaculture, oil and
q1q6Q-21.05(ql)(b), Florida Administrative Code. gas, and dead shell mining, art handled under the
(2) All requests for purchases, disclaimers, and standard lease provisions.
qqUiLcqlaims oq[sovcrciqgnty lands shall be.processed in (1) Standard Lcisc
occorqdance with Rules q164qQ-2q1.q13, q164qQ-2q1.14, and (a) Applications q[or standard qIcases shall
I qG0qQ-2 q1. 1q5, Florida Administrative Code, include the qfollowlnqg@
rcqpcc I
" veqlqy. 1. Name, address and telephone number of
(3) All requests for sales, exchanges, leases, and applicant and applicant's authorized agent, if
private bridge or road casements on sovereignty applicable.
lands shall be processed in accordance with the 2. Location of the proposed arilvity Including:
notice and hearing requirements of Section 253.115, county; section, township , and range; affected
Florida Statutes. waterbody; and a vicinity map, preferably a
Speciql-ic Authority 2.5.3.q03(7) qFqS. qLzw qIqmpleqmenird reproduction of the appropriate portion of United
[email protected], 177.27 FqS. History-New 9-26-7q@ Formerly States Geological! Survey quadrangle map.
16C.1q201, q16Q-q17.01, Amended 3-27-82, q6-1-8q3. 3. Satisfactory evidence of title in applicant's
166qQ-2q1.06 Appqlqicqatqiqoqn.q5 General riparian upland property.'
Information. 0q4. Two prints of a survey pqircpqaqrqedq, signed, an6qd
(8q1) Most activities on sovereignty lands will also scaled by a person properly licensed by the Florida
State Board of Land Surveyors with qthqe 0qfo2ql6qlowinqcq,
require a permit from the Department of rqequqirc6qmcnqis:
.Environmental Regulation. Much of thqe qL utilizing an appropriate scale qon,2qS 4q1/6q2q' X
information required for applications under this I I size paqDcqr (unless a larger size necessary q;o
rule has been intentionally designed to be identical
to information required for the Department or Provide su8q@ qificienqi clarity and detail)q;
Environmental Regulation permit appiicqaqtioqnqs. qiqi. showing the line or ordinary or mean high
qn water;
I ncrqeforcq, if a Department of Environmental 8qM. Showin- the location of qi0qf0qiqe shoreline
Regulation p2qirmiqt is also required, a copy of qt2qhqe q0
application on file with the Department qo6qf vegetation, 2qi2qr existing;
2qtqnvirqonmcqnqtqal Regulation will satisfy many of the iv. showing qt8qhqe location of qthqe proposed

structures and any existing structures; of the current capability of the applicant to conduct
v.showing the applicant's upland parcel such activities;
property lines; 5. Statement evidencing that the lease Is in the
vi. showing the primary navigation channels or public interest;
direction to the center or the affected waterbody; 6. Nanies and addresses, as shown on the latest
and, county tax assessment roll, of each owner of
vii. including a legal description of preempted property lying within 1,000 feet of the parce1
area to be leased (see definition, Rule 16Q-21.03 sought, certified by the county property appraiser;
(25), Florida Administrative Code). 7. Statement of the impact of the of proposed use of
5. A list of names and addresses of all property the parcel sought on the ecology of the area; and
owners within a 1,000 foot radius of the proposed 8. A $200 non-refundable processing fee.
lease area, verified by the County Property (b) If the board determines to lease the parcel
Appraiser's Office, that these names came from the sought-, the lease shall be by competitive bid. The
latest tax assessment rolls. The names and addresses department shall cause notice of such lease to be
shall be clearly typed and acceptable to the published In a newspaper in the county in which the
department, preferably on labels suitable for parcel is situated once a week for four consecutive
mailing. weeks. A copy of the notice shall also be sent to the
6.Current local zoning and status of any local county commission. Such notice shall contain the
government approvals necessary for activities. following:
7. Florida Department of Revenue registration 1. Legal description and acreage of parcel
number. Leases without sales tax exemption sought;
certificate shall be subject to the Florida State sales 2. Terms of the lease acceptable to the board;
tax. 3. Deadline, time, and date, for the reciept of all
8. A $200.00 non-refundable processing fee. bids;
9. Computation or lease fee including the total 4. Address to which all bids shall be sent; and
square footage of preempted sovereignty land to be 5. The date, time, and place of the opening or
leased (see Rule 160-2 1.11 (1) and definition, Rule bids.
16Q-21.03(25), Florida Administrative Code). (c) Competitive bids for aquaculture leases shall
10. Ir dredging is proposed, an estimate of the be written offers of a cash consideration which shall
number of cubic yards of sovereignty materials to be include the advertised fee for the First lease year, tile
removed showing how the amount was calculated. amount offered above such fee for said First year
(b) Terms and conditions shall include but not being a competitive bid. The cash consideration
be limited to the following: offered shall accompany the written offer and shall
1. Initial payment of annual lease fee shall be be returned to the unsuccessful bidders either upon
made within 90 days or lease approval by the Board. award of the lease or upon rejection of all bids.
A validated lease will be transmitted to the (d) A lease shall not be approved by the board
applicant upon receipt or initial payment and when a resolution of objection, adopted by a
acknowledgment of issuance of the Department of majority of the county comissioners of the county
Environmental Regulation permit, where in which the parcel sought is situated, has been filed
applicable. with tile department within 30 days of the date of
2. Leases shall be for a term up to 25 years and first publication of the notice of lease.
renewable at the option of the board. Leases shall (c) A lease shall not be approved for a parcel
include provisions for lease fee adjustments and larger than the applicant can utilize efficiently-
payments annually. however, the board may reserve a reasonable
3. All leases shall be assignable, in whole or in amount or submerged land adjacent to a parcel
part upon the approval of the board.
upper experimental lease for the lesser when
4 Non-compliance with any term of an executed lease beginning operation under a commercial lease.
may be grounds for cancellation of the lease. (1). Each lease shall contain the following:
4. Upon expiration or cancelation of a lease, the 1. The term of the lease which shall not exceed
lessee shall remove all structures and equipment 10 years;
from the leased area within 180 days after such 2. The amount of fee per acre leased to be paid
expiration or cancellation, at the option of the on or before january 1 each year which shall take
board. If the lessee fails to remove the structures and the form of:
equipment theron, the board shall at its option and i.Fixed fee to be paid throughout the term of the
after 10 days from receipt of written notice by lease; or
certified mail to the lessee, have the structures and ii. Basic fee to be paid throughout the term of the
equipment removed at the cxpense of the lessee. lease plus royalties based upon the productivity of
(2) Aquaculture Lease the aquaculture after the First year;
(a) Applications for aquaculture leases shall 3. The disposition to be made or all
include the following: improvements and animal and plant life upon the
1. Name and address or the applicant; termination or cancellation of the lease.
2. Legal description and acreage of the parcel 4. The right to assignment in whole or in part,
sought; upon the approval of the board.
3. Two prints of a survey of the parcel sought (g) Failure to perform th aquaculture activities
prepared. signed, and scaled by a person properly for which the lease was granted shall be grounds for
licensed by the Florida State Board of Land cancellation of the least: and forfeiture to the State of
Surveyors or an agent of the federal government Florida of all the work, improvemenrs animal and
acceptable to the department; plant life in and upon the parcel leased. In addition,
4. Description of the aquaculture activities to be a surety bond is required.
conducted, including whether such activities are to (h)The parcel leased shall be identified well
be experimental or commercial, and an assessment marked, and shalla have, except when it will

interfere with the development of the animal and (d) Two copies of a dimensioned site plan
plant life being cultivated by the lessee, reasonable drawing(s) with the following requirements:
public access for boating, swimming, and fishing. 1. Utilizing an appropriate scale on 8 1/2 X
All limitations on the public use of the parcel ]eased I I 'size paper;
as set forth in the lease shall be clearly posted in 2. Showing the approximate waters edge;
conspicuous places by the lessee. Each parcel leased 3. SHowing the location of the grandfathered
shall be marked in compliance with the rules and structures;
regulations of the Department, U. S. Coast Guard, 4. Showing the applicant's upland parcel
and U. S. Army Corps of Engineers. property lines;
(3) Oil and Gas Lease (c) Dated acrial photography, previously issued
(a) Applications for nominations for the lease of permits or authorizations, or other satisfactory
sovereignty lands in which the State of Florida holds information which verifies that the structures
an interest in the petroleum or petroleum products qualify as grandfathered structures.
shall include the following: (f) A S200.00 non-refundable processing and
1. Name and address of the applicant or registration fee.
nominee; Specific Authority 253.03(7) FS. Law Implemented
2. Legal description of the parcel sought 253.03, 253.71 FS. History-New 8-1-83.
Including the surface acreage; this description may 160-21.09 Applications for Public
utilize the submerged land blocks approved by the
board on March 17, 1981; Easement.
3. Identification of the state agency vested with (1) Applications for easements across
the ownership of the petroleum products; sovereignty land for public purposes such as
4. Percentage of the petroleum interests held by utilities, bridges, and roads, shall include the
the State; following:
5. Identification of any municipal corporation (a) Name, address, and telephone number of

which all or part of the parcel sought is located or applicant and applicant's authorized agent;
within 10 miles thereof; (b)Location of the proposed activity including:
6.Identification of any improved beach outside a county; section, township and range; affected
municipal corporation or lands in the tidal waters of waterbody; and a vicinity map,preferably a
the State of Florida abutting on or immediately reproduction of the appropriate portion of a United
adjacent to any improved beach in which or part of States Geological Survey Quadrangle Map;
the parcel sought is located or within 3 miles thereof; (c)Satisfoactory evidence of title or extent of
and interest of the applicant to the riparian uplands or
7.A$200 non-refundable processing fee. consent of upland owners for proposed use;
(b)Competative bids for oil and gas leases shall (d)A detailed statement of proposed use. If the
be written offers of a cash consideration including applicant is a local governing body, the request shall
the advertised fee for the first lease year, the amount be by official resolution;
offered above said fee being the competitive bid. The (c)Two prints of a survey prepared, signed,and
cash consideration offered shall accompany the sealed by a person properly licensed by the Florida
written off by certified or cashier's check made State Board of Land Surveyors meeting the
payable to the department and shall be returned to following requirements:
the unsuccessful bidder upon award of the lease or 1. utilizing an appropriate scale 8 1/2" X
upon rejection of any and all bids. All bids must 11" size paper;
contain a certified statement as to the bidder's state 2. showing boundaries of the parcel sought;
lease holdings pursuant to Section 253.512, Florida 3. showing ownership lines of the riparian
Statutes. uplands;
(4) Dead Shell Lease 4. showing the line of ordinary or mean high
Applications for leases to remove dead shells water;
shall be submitted to and processed by the Division 5. showing the location of the shoreline
of Marine Resources of the Department. The vegetation, if existing;
issuance of all such leases is subject to approval by 6. showing the location of any proposed or
the board. existing structures; and,
Specific Authority 253.03(7). 253.73 FS. Law 7. including a legal description and acreage of
Implemented 253.03, 253.12, 253.115,253.47, the parcel sought;
253.67-75, 370.16 FS. History-- New 12-20-78, (f) Written comments from the Department of
Formerly 16C-12.14, 16Q-17.14, Amended 3-27-82, Environmental Regulation, when applicable, in the
8-1-83. form of:
16Q-21-081 Applications for Grandfather 1. permit appraisal or biological assessment;
Structure Registration. and,
(1) Applications for grandfather structure 2. letter of intent, if issued;
registration shall include the following: (g) A $200.00 non-refundable processing fee.
(a) Name, address and telephone number of The processing fee may be waived for state agencies
applicant and applicant's authorized agent, if established pursuant to Chapter 20, Florida
applicable. Statutes, and local governments; and
(b) Location of the proposed activity including: (h) If dredging is proposed, and estimate of the
county; section,township and range; affected number of cubic yards of sovereignty material to be
waterbody; and a vicinity map, preferably a removed showing how th eamount was calculated.
reproduction of the appropriate portion of United (2) All easements across sovereignty land shall
States Geological Survey quadrangle map. be subject to reverier upon failure of the applicants
(c) Satisfactory evidence of in applicant's to use the parcels sought as proposed in the
riparian upland property. applications.

to the life of the proposed project or amortization of within 90 davs after receipt of' notification that the
the improvements. casement has been granted by the board or the
Specific Authority 253.03(7) FS. Lw Implemented granting of the casement shall he invalid
253.03), 253.12 FS History-New 9-26-77 Formerly (3) All casements across sovereignly lands Audi
6C- 12.09 and 16Q- 17.09, Revised 3-27-82. be subject to reverter upon Failure of applicant to
16Q-21.10 Applications for Private Use the parcels sought as proposed in the
Easement. applications.
(1) Applications for casements across , (4) The terms of all the casements shall be
sovereignty lands for private purposes shall include limited to a reasonable period of time related to the
the following: life of the proposed project or amortization of the
(a) Name, address and telephone number or improvements,
applicant and applicant's authorized agent; Specific Authority 253.03(7) FS. Law Implemented
253.03, 253-12 FS.History.-New 12-20-78. Formerly
(b) Location of the proposed activity including: 16C-211O and 16Q-17.10, Revised .3-27-82
county; section, township and range; affected
watcrbody; and a vicinity map, preferably a 16Q-21-11 Payments and FCC3 for Standard
reproduction of the appropriate portion of a United Leases, Easements, and Severed Dredge
States cological Survey Quadrangle map; - Materials.
(c) Satisfactory evidence of title or extent of (1) Standard Leases
interest of the applicant to the riparian uplands or (a) The annual lease fee shall be computed at a
consent of upland owners for proposed use; base rate of SO.065 per square foot.
(d) A detailed statement or proposed use; (b) There shall be a discount (it' 30 percent per
(c) A statement evidencing that the casement square font per year for all leases that are open to the
sought is in the public interest; public- on a first come, First servrd basis. Marinas
(f) Two prints of a survey prepared, signed and constructed in conjunction with owner occupied
sealed by a person properly licensed by, the Florida multi-family residential buildings, shall be
State Board or Land Surveyors meeting the considered open to the public on a first come first
following requirements: serve basis if no less than 50 percent of its berths are-
1. utilizing an appropriate scale on 8 1/2' X made available to the general public on a rental
I 'size paper (unless a larger size is necessary to basis.
provide sufficient clarity and detail); (c) An additional 20% of the- lease fee shall be
2. showing boundaries of the parcel sought; charged For the first annual fee on all leases.
3. showing ownership lines or the riparian (d) The per square foot base rate shall be revised
upland,; March I on each year and increased or decreased
4. showing the line of ordinary or mean high based on the Consumer Price Index-All hems
Water; pursuant it) paragraph (1) below.
5. showing the location of the "shoreline (c) The rate for all -new leases shall be
vegetation, if exIsting; determined according to the appropriate base rate 6. showing the location of any proposed or schedule for the year in which the lease is granted existing structures; and,
7. including a legal description and acreage of he adjusted annually based Upon the average
the parcel sought. increase in the Consumer Price Index-All hems For
(g) Written comments from the Department of the previous five years with a 10% cap.
Environmental Regulation, when applicable, in the (g) A rate of two times the existing rate shall lit-
form of: applied to aquatic preserve, leases where 75% or
1. permit appraisal or biological assessment; more of the subject tense shoreline and the adjacent
and, 1,000 feet on both sides of the lease area Is In a 2. letter or intent, ir issued; natural, or
(h) A list or names and addresses of all property nonriprapprd condition. A rate of up in three times owner, within a 1,000 foot radius or the proposed
casement area, verified by the County Property Protection Areas as desc in -an aquare
Appraiser's Office that these names came from the preserve management plan adopted by the board.
latest tax assessment rolls. The names and addresses (h) Nonwater dependent uses shall be assessed a
shall be clearly typed and acceptable to- the (fee that Is ten times the appropriate base rate ora fee
Department, preferably on labels suitable for calculated by multiplying the square footage Of the
mailing; preempted area times the appraised per square foot
(i) A $200.00, non-refundable processing fee; value of the unimproved adjacent upland property
IF dredging is proposed, an -estimate of the times ten per cent whichever is greater.
number or cubic yards of sovereignty material to be shall be adjusted annually purstiant it) rithrr
removed showing how the amount was calculated; 16Q-21.11 (1)(d) or the revised annual assessed
If the application is for an casement of right- value as appropriate. Grandfathered nonwater
of way for private access from a public road to lands dependent uses shall be treated as water dependent
of the applicant, proof of approval from the agency uses when grandfather status is lose; for any reason.
having jurisdiction over the public road; and, (i) There shall he a minimum annual fee or
(l) Payment for the value of the casement In the $225.00.
amount stated in an appraisal performed by an (j) Waivers, partial waivers or exclusions from
independent appraisal Firm contracted by , the payment of the lease fees for goverment, research,
applicant and approved by the department. educational or charitable organizations may be
(2) Applications shall be granted upon such granted by the Board in the event that the proposed terms and conditions, incluling payment or the uses are in the public interest.
value of casement, if any, that the board sees fit. uses are in the public interest.
(k)If a facility occupies suvereign submerged

lands portions of which are exemption from payment proerty and used for public purposes or by virtue of grandfathered status and portions of 2.it is affirmatively demonstrated that the
which arc leased, and gradfathered status is lost, severed dredge material has no economic value.
the lease fee and rate schedule for the entire Specific Authority 253.03(7) FS. Law Implemented
property shall be the appropriate base rate at the 253.03, 253.71 History-New 3-27-82, Amended
time the renegotiated lease is executed. 5-18-82,
(1) There shall be an assessment for prior 16Q-21.12 Spoil Islands.
unauthorized use of sovereignty land for (1) No spoil islands shall be developed except
after-the-fact lease applications. The minimum upon a clear showing thatthe development is in the
assessment for such applications shall include: public interest and hardship would result if the
1. Payment or retroactive lease fees; development was not authorized.
2. Payment of an assessment computed as the (2) Proposals for public development of spoil
number or square feet in the lease area times the islands may be authorized after comments have been
lease fee per square foot at the time construction was -solicited and received from the appropriate public
commenced times ten; and, agencies determining that the public interest would
3. Payment of an additional annual percentage be served by the development.
on retroactive lease facts and on the assessment (3) Unauthorized structures that have been
calculated under 2., computed at a rate of 12%. Such constructed on spoil islands shall be removed. The
rate shall be adjusted annually to ) a rate equal to the procedure for removal shall be as follows:
two percentage points above the Federal Reserve (a) The individual claiming a possessory interest
Bank discount rate to member banks. in any structure shall be served notice by certified
(m) Any grandfather structures which arc not mail that he is trespassing and that he must remove
registered according to this rule shall lose any the structure within 120 days of receipt (the notice.
grandfathered rights. (b) If the individual falls or refuses to remove the
(n) Any grandfather structures which arc not structure within 120 days of receipt of the notice, the
registered according to this rule shall be considered board shall have the structure removed at the
a prior unauthorized use as of J un 30, 1984, and individual's expense.
may be treated according to the provisions of this (c) If the individual cannot be located, notice of'
section. trespass and intent to remove the structure shall be
(o) The board may, at its discretion, consider posted on the structure or 120 days prior to
equities and particular circumstances on a case by removal.
east basis to determine whether an adjustment of the (4) Continuing human habitation of any spoil
assessment provisions set forth in (1) above would be islands is prohibited.
warranted and may "increase: or lower the Specific Authority 253.04(7) FA. Law Implemented
assessment accordingly. 253.03 253.115 FS History-New v-20-77.
(2) Private Easements 46C-.1205 and 16Q-1 7.05, Revised .3-27-82 (a) The. -fee for private casements shal determined by an appraisal obtained by the 16Q-21.13 A plications to Purchase Lands
Riparian to Uplands.
applicant. The appraiser must be selected fromthe (1) Applications to Purchase lands riparian it)
division's approved list of appraisers and the uplands may be made by the riparian owners only.
appraisal must be reviewed and approved by the
division. The board reserves the right to reie any and all
(b) I n addition to standard appraisal such applications. The following shall be included
requirements and procedures, the following factors in each application:
shall be -considered in determining the casement fee: (2) Name and address or the applicant;
1. the extent it) which the casement is (b) Two prints of a survey prepared, signed-ind
exclusionary ie., the degree to which the proposed sealed by a person properly licensed by the State of
easement precludes, in whole or in part, traditional Florida Board or Land Surveyors or an agent of the
or future public uses of the casement area or other federal government approved by the department
submerged land; and clearly showing:
2. the enhanced property value or profit gained 1. the boundaries of the parvel sought;
by the applicant if the proposed casement is 2. land tie refered, by ground survey, to an
approved. established accessible section corner, subscription
(3) Severed Dredge Materials corner, other U. S. Government Land Office survey
.(a) When an activity involves the removal of corner,or other controlling corne'r(s);
sovereignty materials to upland property by 3. boundary lines of the applicant's adjacent
dredging or any other means, payment per cubic uplands;
yard of material shall lit as follows: 4. existing mean high water line, surveyed and
1. Monroe County $3.25 approved in accordance with Chapter 177, Part 11,
2. Bay, Brevard, Broward, Charlotte, Florida Statutes, between the applicnat's uplands
Collier, Dade, Duval, Eseambia, Lee, and the parrel sought extending, 1,000 feet from
Manatee, Palm Beach, Pasco, Pinellas both sides of the parcel;
and Sarasota Counties $2.25 5. U. S. Government Land Office meander line.
3. All other counties $1.25 (c) Five maps, no no larger than 8 1/2'x 14' in
4. Minimum payment $50.00 size, showing the location of the parcel sought for
(h) These payments shall not he used for dead purchase. These map need not be cerufied;
shell and mining leases which will be subject to (d) Legal description and aereage of the filled
individual royalty or other compensation payments. parcel.
(c) A waiver or the severed dredge material (e) Aerial photograph showing the date of light
payment may be requested and approved when: if available, with the parcel sought indentified
thereon;

with any dedication data, if the applicant's uplands federal government acceptable to department
are part of the subdivision; clearly showing:
(g) Satisfactory evidence of title in the applicant 1. present mean high waterline, surveyed and
to thd riparian uplands; approved in accordance with Chapter 177, Part 11,
(h) Statement of the applicant's proposed use of Florida Statutes;
the parcel sought; 2. applicant's ownership to the former mean
(i) Statement evidencing that the sale of the high water line shown or indicated;
parcel is in the public interest; 3. U. S. Government Land Office meander line:
(j) Names and addresses, as shown on the latest and
county tax assessment roll, of all owners of land 4. traverse of fill, showing tile location of tile
lying within 1,000 feet of the parcel sought, certified former mean high water line, which is properly
by the county appraiser; and riparian to the applicant's uplands, with a land tie in
(k) An appraisal of the current market value of an established accessible section corner, subsection
the parcel sought made within 3 months after the corner, other U. S. Government Land Office Survey
date of application by an appraiser with corner, or other controlling corner(s);
designations acceptable to the department. (c) Five maps, no larger than 8 1/2" X 14"
(l) A non-refundable processing fee of $200 shall size, showing the location of the parcel sought. The
accompany each application, except for applications maps need not be certified;
from state agencies. (d) Legal description and arrange of the filled
(2) If the parcel sought is located in Pinellas or parcel;
Sarasota County, the applicant shall (e) Aerial photograph showing the date of flight,
simultaneously file an application with the if available, evidencing the date of filling,
respective water and navigation control authority (f) Satisfactory evidence of title in the applicant
having jurisdiction over the parcel. to the riparian uplands to the mean high water line
(3) When state-owned submerged lands have as it existed prior to filling;
been filled without authority after June 11, 1957 (g) Two affidavits executed by disinterested
(state-owned submerged lands filled before June parties evidencing the date, as accurately as possible
11, 1957 are addressed in Rules 16Q-21.14 and from personal knowledge, when the filling of the
16Q.21.15, Florida Administrative Code), the parcel sought was completed;
board, by law may: (h) Copy of the U.S. Army Corps of Engineers
(a) Direct the fill be removed by or at the permit issued prior to May 29, 1951 (June 11, 1957
expense of the applicant; in Dade and Palm Brach Counties) authorizing the
(b) Direct the fill remain as state-owned and fill, if applicable; and
have it surveyed at the expense of the applicant; or (i) A non-refundable processing fee of $200 shall
(c) Sell the filled lands. The following sale prices accompany each application, except for applications
shall be recommended by the department to the from state agencies.
board: Specific Authority 253.03(1) FS. Law Implemented
1. One and one-half times the present appraised 253.12, 253.129 FS. History-New 8-26-77. Formerly
value of the lands excluding building improvements 16Q-12.06 and 16Q-17.06, Revised 8-27-82.
if the unauthorized filling was done by the 16Q-21.15 Quitclaims to Clear Title to Filled
applicant's predecessor in title between June 11, Formerly Sovereignty Lands.
1957 and July 14, 1967. (1) Applications for quitclaims deeds to clear title
2. Two times the present appraised value of the to sovereignty lands filled after May 29, 1951, but
lands excluding building improvements if the prior to June 11, 1957 (except in Dade and Palm
Beach Counties) or subsequent to these dates under
unauthorized fling was done by the applicants authority of a U. S. Army Corps of Engineers
predecessor in title after July 14, 1967. permit issued prior to these dates, must be
3.Three times thepresent appraised value of the supported by documentary evidence acceptable to
lands excluding building improvements if the the department and including the following:
unauthoried filling was done by the applicant after (a) Name and address of the applicant;
June 11, 1957. (b) Two prints of a survey prepared, signed, and
sealed by a person properly licensed by the Florida
(4) Full payment for the deed shall be made State Board of Land Surveyors on an agent of the
within 90 days after notification of confirmation of federal government acceptable to the department
the sale by the board or the sale shall be invalid. clearly showing:
Specific Authority 253.03, 253.12. 170.021 FS. Law 1. present mean high water line surveyed and
Implemented 253.115, 253.12 FS. History -- New approved in accordance with Chapter 177, Part II,
9-26-77. Formerly 16Q-12.04 and 16Q.-17.04., Revised Florida Statutes;
3-27-82.

16Q-21.14 Disclaimers to Confirm Title to
Filled Formerly Sovereignty Lands. 2. applicant's ownership to the mean high water
(1) Applications for disclaimers to confirm title line prior to filling;
of formerly sovereignty lands filled prior to May 29, 3. U. S. Government Land Office Meander line;
1951 (prior to June 11, 1957 in Dade and Palm and,
Beach Counties), or subsequent to these dates under 4. traverse of fill, showing tile location of the
authority of a U.S. Army Corps of Engineers former mean high water fine, which is properly
permit issued prior to these dates, must be riparian to the applicant's upland ownership, with
supported by documentary evidence acceptable to a tie to an established accessible section corner,
the department including the following: subsection corner, other U.S. Government Land
(a) Name and address of the applicant; Office survey corner, or other controlling corner(s);
(b) Two prints or a survey prepared, signed, and (c) Five maps, no larger than 8 1/2" X 14" in
sealed by a person properly licensed by the Florida size, showing the location of the parcel sought. The

maps need not be certified; 1. Current title insurance policy issued by a title
(d) Legal description and acreage of the filled insurance company authorized to do business in
parcel; Florida; or
(e) Aerial photograph showing the date of flight, 2. opinion of title prepared by a member of the
if available, and showing the land as it existed prior Florida Bar; or
to and after the filling; 3. affidavit of ownership;
(f) Satisfactory evidence of title in the applicant (c) A survey prepared, signed, and sealed by a
to the riparian uplands; registered land surveyor showing the applicant's
(g) Two affidavits executed by disinterested upland, U.S. Meander survey line, the
parties evidencing the date, as accurately as possible approximate original mean high Water line and the
from personal knowledge, of commencement and existing a proximate mean high water line, and a
completion of the fill; traverse showing the location of the former mean
(h) Copy of a U.S. Army Corps of Engineers high water line which is properly riparian to the
permit issued after May 29, 1951, but prior to June applicant's uplands with a land tie to an established
11, 1957, authorizing the fill, if applicable; and, reference point;
(i) A non-refundable processing fee of $200 shall (d) Legal description as shown by original
accompany each application, except for applications survey which shall include the area to be reclaimed;
from state agencies. (e) Copy of a recorded subdivision plat showing
(2) The consideration for the parcel sought shall the original recorded shoreline if the applicant's
be the appraised value of the parcel in its unfilled upland is part of a subdivision, or a copy of a map
state prior to June 11, 1957. The appraisal of the taken from an R. E.D. 1. Real Estate Atlas map
parcel shall be made within 3 months after the date showing ownershiplines and shorelines;
or application by an appraiser with designations (f) Statement of proposed methods of reclaiming
acceptable to the department. the subject lost lands, if not indicated in an attached
(3) Full payment for the deed shall be made Department or Environmental Regulation permit
within 90 days after notification of confirmation of application;
the conveyance by the board or the conveyance shall (g) Two affidavits executed by disinterested
be invalid. parties evidencing the manner, as acurately as
Specific authority 253.03(7)FS. Law Implemented possible from personal knowledge, that the loss of
253.12 FS. History-New 9-26-77, Formerly 16C-12.07 land occurred by avulsion (storms, hurricanes),
and 16Q.17.07, Revised 3-27-82. artificial erosion (caused by the emplacement of
16Q-21.16 Applications to Reclaim Lands bulkheads, jetties and other structures), dredging, or
Lost Due to Avulsion or Artificial Erosion. artificial land cutting of uplands; and
(1) Applications to reclaim lost lands as defined (h) Accurate aerial photographs showing the
in Section 253.124(S), Florida Statutes, may be date of flight evidencing the location and
submitted only by the riparian upland owner or the configuration of the original shoreline before and
legally authorized agent thereof. after avulsion or artificial erosion. Suggested
(2) Applications to reclaim lands lost due to sources: local tax assessor's office, local offices of the
avulsion or artificial erosion shall include the State Departments of Transportation and
following: Agriculture and Consumer Services, and local
(a) Name and address of applicant; offices of the U. S. Army Corps of Engineers.
(b) Satisfactory evidence of title in the applicant Specific Authority 253.03(7) FS. Law Implemented
to the existing upland, such as: 253.03, 253.12 FS. History-New 3-27-82.

Appendix D.

No. 70-17

THAT the state-owned lands within the following described

boundaries be hereby recognized for their exceptional public

value and dedicated in perpetuity as an aquatic preserve and as

an element of a statewide system of aquatic preserves:

AQUATIC PRESERVE G-5

The sovereignty lands in St. Joseph Bay and the Gulf of
Mexico lying within the following described boundaries:

Begin at a point on a Westerly extension of the South
Corporate Limits of the City of Port St. Joe, said point
being 1320 feet Westerly from the mean high water line
to an intersection with a Westerly extension of the South
line of the of fractional Section 2, Township 9 South,
Range 11 West, thence West along said extended line to a
point 2442 feet West of the mean high water line of St.
Joseph Bay, thence South along a line parallel to the East
line of said fractional Section 2 and fractional Sections
11 and 14 of Township 9 South, Range 11, West, to an inter-
section with a Westerly extension of the South line of said
fractional Section 14, thence East along said extended line
to the mean high water line of St. Joseph Bay, thence
Southerly and Westerly along said mean high water line to
the Southeasterly corner of a parcel of land conveyed to
T.A. Sproulls by the Trustees of the Internal Improvement
Fund, thence North along the East line of said parcel to
the established bulkhead line, thence Southwesterly along
said bulkhead line to the Northwesterly corner of lands
conveyed by the Trustees of the Internal Improvement Fund
to John J. and Ava W. Grimes, thence South along the West
line of parcel conveyed to Grimes to its intersection
with the mean high water line of St. Joseph Bay, thence
Westerly along said meanhigh water line to its inter-
section with the Easterly line of a parcel of land conveyed
by the Trustees of the Internal Improvement Fund to Thomas
C. Gibson, thence Noorth along said East line to the
established bulkhead line, thence Southwesterly 2032 feet
along said bulkead line to the Northwesterly corner of
parcel conveyed to Thomas C. Gibson, thence South along
the West line of said parcel to the mean high water line
of St. Joseph Bay, thence Westerly and Northerly along
said mean high water line to its intersection with the
South line of Section 36, Township 8 South, Range 12 West,
thence East along an Easterly extension of the South line
of said Section 36 to its intersection with the
established bulkhead line, thence Northwesterly 1385 feet
along said bulkhead line to its intersection with an
easterly extension of the North line of Government Lot 7
of said Section 36, thence Westerly 2115 feet along said
extended line to the mean high water line of St. Joseph Bay,
thence Northerly along said mean high water line to the most
Northerly tip of St. Joseph Point, thence Southerly along
the mean high water line of the Gulf of Mexico the the most
Southerly tip of Cape San Blas, thence Westerly to a point
in the Gulf of Mexico, said point being 15,040 feet Westerly
from the mean high water line of the Gulf of Mexico, thence
Northerly along line 15,840 feet Westerly of and parallel

1988

This atlas does NOT represent 100% of the wetlands in the county. Wetlands under
1/4-acre were not mapped.
This atlas was compiled from National Wetlands Inventory Maps (United States De-
partment of the Interior, Fish and Wildlife Service, 1973), Soil Survey of the Pierce
County Area, Washington (United States Department of Agriculture, Soil Conservation
F) I IE 1:3 C; IE (D (:) Li 1@j @F X@
WETLANOS ATLAS

Service, 1979), Pierce County Draft Flood Insurance Study Maps (Federal Insurance
Rate Maps, Pierce County Public Works Department revisions 1985), interpretation of
aerial photographs at 1:12,000 (1985), and field verification in 1987 and 1988.

The wetland bou'ndaries were verified in the field usin the U.S. Fish and Wildlife definition 1979) which follows:
Wetlands are, those lands transitional between ter strial and aquatic systems, where the water table is
usually at orl near the surface or the land is cove d by shallow water. A wetland must have one or
more of the@foiiowing three attributes: 1)at leas periodically, the land supports hydrophytic plants-
2)the substrate is predominantly undrained hydric oil; 3)the substrate is non-soil and is saturated
with water o'r covered by shallow water at some t,me during the growing season of each year.

-WETLAND BOUNDARY LEGEND

The approximate boundaries were delineated by the presence of hydrophytic
VERIFIED plants and the hydrology of the area. See field data surveys for site-
specific information. Wetland boundaries are approximate and are intended
UNVERIFIED only to provide an indication of the presence of wetlands. Further
evaluation may be necessary to determine exact wetland boundaries.

I
The preparation of these maps was financially aided through a grant from
UPLAND the Washington State Department of Ecology with funds obtained from the
National Oceanic and Atmospheric Administration, and appropriated for
Section 306 of the Coastal Zone Management Act of 1972.

WETLAND

#1z

W- 41 '09"t

Le L-3 5-L

LAKE
X.1800 JOSEPHINE SOU, 2
0 L RD 01 5-
IL 10.
.60 al

ANDERSON ISLE. 2C

PIERCE COUNTY WETLANDS INVENTORY 1988
Pierce County-Assessor's Base Map 1988

verified boundary
unverified boundary
@2

(2C

Adopted by Pierce County
cour;cil February 28, 1989
88-182
ordinance i@z n

L-L

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9213
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31 I's ?I
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92
120..7 -,9,85
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CL 5V97
S32 -1 4.97 1;5 M00
(D1 129 20
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2430 49 238 S2 24.is
13
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a33 .?3 Rg5o -, 50 0-.32
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77. 07 , T99 20 109.000.00
.4823 175.54 -20 0 7964 "'As L29.110
2643.42
NE 5 T19 R- IE 17
ROAD 3, SCHOOL I SCALE 1100
THIS jS NriT A SURVEY

Wetland boundaries are approximate and are
intended only to provide an indication of
the presence of wetlands. Further evaluation
may be necessary to determine exact wetland
boundaries.

with the mean high water line of the Gulf of Mexico to its
intersection with the channel into St. Joseph Bay, thence
Easterly and Southerly along said entrance channel to a
P.I., said P.I. being the beginning of North Channel,
thence Southeasterly along a straight line to Point of
Beginning.

AND BE IT FURTHER RESOLVED:

THAT is is hereby beclared to be the purpose and intent of

the State of Florida Board of Trustees of the Internal Improve-

ment Trust Fund to set aside and manage the above described

aquatic preserve in accordance with the management policies and

criteria adopted and set forth by separate resolution adopted

on the 21st day of October, A.D. 1969, for application uniformly

to all elements of the statewide system of aquatic preserves.

IN TESTIMONY WHEREOF, the Trustees, for and on behalf of

the State of Florida Board of Trustees of the Internal Improvement

Trust Fund have herunto subscribed their names and have caused

the official seal of said State of Florida Board of Trustees of

the Internal Improvement Trust Fund to be herunto affixed, in

the City of Tallahassee, Florida, on this the 2nd day of

November, A.D. 1970.

Governor

Secretary of State

(SEAL)
State of Florida Board of Attorney General
Trustees of the Internal
Improvement Trust Fund
Comptroller

Treasurer

Commissioner of Education

Commissioner of Agriculture

As and Constituting the State of
Florida Board of Trustees of the
Internal Improvement Trust Fund

MOAA COASTAL SERVICES CTR LIBRARY

3 6668 14110279 0