St. Joseph Bay Aquatic Preserve management plan adopted January 22, 1992

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

ST JOSEPH BAY

AQUATIC PRESERVE MANAGEMENT PLAN

C37-
4Q5

QH 1992
90.75
T6
11-5
1992 DEFRRTMENT OF NATURAL RESOURCES

ST. JOSEPH BAY

AQUATIC PRESERVE MANAGEMENT PLAN

ADOPTED

JANUARY 22, 1992

VIRGINIA WETHERELL

Executive Director

Florida Deparcment of Natural Resources

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

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

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This document was printod on recycled popel.

EXECUTIVE SUMMARY

The St. Joseph Bay Aquatic Preserve is located on the southwest coast of Gulf County
in northwest Florida near the city of Port St. Joe. Formed by a narrow spit of land
extending out from Cape St. Blas it is the only embayed body of water in the eastern Gulf
of Mexico not influenced by the inflow of fresh water. The preserve encompasses
approximately 73,000 acres, including all tidal lands and islands, sandbars, shallow banks,
submerged bottom, and land waterward of the mean high water to which the state holds
title. Sportfishing and recreational shellfish harvesting are important tourist attractions
throughout the year. This aquatic preserve provides food and habitat for numerous fish,
reptiles, marine mammals, birds, and benthic invertebrates. Several designated species
are known to occur in the preserve, including the Peregrine falcon, Southern bald eagle,
Leatherback turtle, Atlantic ridley turtle and the Atlantic loggerhead turtle.

Submerged lands are selected as aquatic preserves based upon their outstanding
biological, aesthetic, and/or scientific values. St. Joseph Bay was designated an Aquatic
Preserve in 1969 for the primary purpose of preserving the biological resources in the bay
and maintaining them in an essentially natural condition.

In early 1990, the salt marsh surrounding the bay began showing signs of stress with the
dying off of the cordgrass. In the summer of 1991 attempts by the Department of Natural
Resources to restore the cordgrass by transplanting healthy, nursery-grown plants into
the bay have met with failure; all of the transplanted grasses died by the end of the
summer. Seagrasses provide habitat and refuge from predators to many juvenile
populations of commercially important species of fish and invertebrates. In St. Joe Bay,
they cover one-sixth of the bay bottom, and are vital to the coastal ecosystem not only
for their associated food webs, but for their ability to recycle nutrients, stabilize sediments,
and buffer the wave energy of storms.

The main objective of the management plan for St. Joseph Bay Aquatic Preserve is to
protect the preserve's natural resources for the benefit of future generations. On site
management activities include actions by field personnel to protect plant communities,
animal life, geologic features, archeological sites, and water resources of the preserve.
Management activities will also focus on cumulative impacts and encroachments.

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

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

Various federal, state, regional, and local organizations oversee laws and regulations
which apply to all of the lands and waters within the aquatic preserve. One of the aquatic
preserve management program's objectives, therefore, is to complement agency
programs whenever it is in the preserve's interest. Both field personnel and central office
staff will coordinate extensively with many agencies to;3ssure effective management and
protection.

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

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

TABLE OF CONTENTS

CHAPTERI INTRODUCTION 1

CHAPTER 11 MANAGEMENT AUTHORITY 9
Background 10
Administrative Rules 10
Relation to other applicable plans & programs 13

CHAPTER III RESOURCE DESCRIPTION
Physiography and Geology 15
Climate 21
Hydrology 22
Biota and Habitat 23
Cultural Resources 28

CHAPTERIV HUMAN USES & ASSOCIATED IMPACTS 31

CHAPTER V SITE SPECIFIC MANAGEMENT ISSUES 45
Management Initiatives 51

CHAPTER VI MANAGEMENT AREAS
Introduction 53
Management Area Classification 54
Minimum Criteria for Allowable Uses 56
Management Areas 61

CHAPTER VII MANAGEMENT ACTION PLAN 69
Resource Management Program 70
Resource Protection Program 74
Research and Monitoring Program 76
Environmental Education/information
Program 80

CHAPTER VIII MANAGEMENT COORDINATION NETWORK
Federal Agencies 83
State Agencies 85
Regional Agencies 89
Local Government 90

CHAPTERIX STAFFING AND FISCAL NEEDS 95

CHAPTER X RESOURCE AND ACTIVITY MONITORING
PROGRAM 99
Resource Monitoring 99
Activity Monitoring 100
Accomplishments and Progress Monitoring 100

CHAPTER X11 REFERENCES 101

LIST OF FIGURES AND TABLES

FIGURE 1. Florida Aquatic Preserve System 5

FIGURE 2. Boundaries of the St. Joseph Bay Aquatic Preserve 7

FIGURE 3. Bathymetry of St. Joseph Bay 17

FIGURE 4. Bottom sediments of St. Joseph Bay 19

FIGURE 5. Seagrass beds of St. Joseph Bay 25

FIGURE 6. Shellfish harvesting classifications for St. Joseph Bay 33

FIGURE 7. Future land use map 37

FIGURE 8. Proposed St. Joseph Bay buffer acquisition through the
CARL program 47

FIGURE 9. Management. areas within the St. Joseph Bay
Aquatic Preserve 67

TABLE 1. Trace metal levels in clams in St. Joseph Bay and throughout
the state 41

TABLE 2. Estimated budget for the first two years for St. Joseph
Bay Aquatic Preserve 97

LIST OF APPENDICES

APPENDIX A. Administrative Codes 107

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

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

CHAPTERI

INTRODUCTION

St. Joseph Bay in Gulf County, Florida covers about 73,000 acres along the
northern coast of the Gulf of Mexico. It was designated an aquatic preserve by the
Governor and Cabinet in 1969 and is one of 42 such preserves in Florida (Figure
1). The boundaries of the preserve (Figure 2) include all tidal lands and islands,
sandbars, shallow banks, submerged bottom, and lands waterward of mean high
water (MHW) to which the state holds title.

St. Joseph Bay is an important natural resource to Gulf County in terms of
commercial and recreational fishing. The bay. is unique in being the only sizable,
embayed body of water in the eastern portion of the Gulf of Mexico not markedly
influenced by the inflow of fresh water. Species harvested commercially within the
aquatic preserve include bay scallops, mullet, hard-shell clams, blue crabs, and
shrimp. The commercial harvesting of bay scallops has proven to be controversial
since it competes with recreational harvesting of scallops. Sportfishing is an
important form of tourism throughout the year. Major species sought through
recreational fishing include spotted seatrout, king and spanish mackerel, flounder,
bay scallops, hardshell or quahog clams, and sunray venus clams.

The St. Joseph Bay Aquatic Preserve is located on the southwest coast of Gulf
County in northwest Florida, near the community of Port St. Joe. Its boundaries
encompasses only the state-owned sovereignty submerged lands occurring below
mean high water. Uplands and man-made canals are excluded from the preserve.
Other excluded areas include a linear band of privately owned submerged lands
and marsh running along the eastern shore of St. Joseph Bay, six private in-
holdings occurring along the southern and western shore, the bay area located
north of the Port St. Joe navigation channel, and the immediate area of the channel.
Through the Conservation and Recreation Lands (CARL) program, the state of
Florida is pursuing acquisition of these areas.

The goal of the Florida Aquatic Preserve Program as specified in Section 258.36,
Florida Statutes (F.S.), is to set aside forever state-owned submerged lands which
have exceptional biological, aesthetic, or scientific value for the benefit of future
generations. Aquatic preserves include only lands or water bottoms owned or
leased by the state and lands owned by other governmental bodies specifically
authorized for inclusion in the preserve. Any publicly owned and maintained
navigation channel or other public works project authorized by the United States
Congress and designed to improve or maintain commerce and navigation are
excluded from the aquatic preserve boundaries.

It was the intent of the Florida Legislature that aquatic preserves be maintained in
an essentially natural or existing condition. Therefore, the Department of Natural
Resources (DNR) develops and oversees implementation of the management
program to better assure that the overall goal of setting aside aquatic preserves for
future generations is realized. This management plan outlines this program. As
more information is learned about the preserve, management strategies outlined in
this plan may need to be modified.

Specific goals included for the St. Joseph Bay Aquatic Preserve are: 1) to conduct
those resource management actions necessary to conserve or enhance the natural
resource oriented values of the preserve for future generations; 2) to assure that
all laws, rules, ordinances, and permit conditions relating to the protection of natural
resources are complied with; 3) to have the necessary research and monitoring
activities conducted so that t 'he ecological functioning of the preserve is
understood, so that preserve can be managed and used in an ecologically sound
and wise manner, and so that the preserve can be maintained in its natural
condition for future generations; and, 4) to educate people so that they will use the
environment in ways that conserve it, consider environmental issues when planning
and making decisions which could affect the environment, and take part in
decisions affecting nearby natural resources.

Fourteen management plans, covering 21 of the 42 designated aquatic preserves
in the state, have been adopted by reference into the existing aquatic preserves
rule, Chapter 18-20, F16rida Administrative Code (F.A.C.). This management plan
will be subsequently incorporated into rule following its approval by the Board of
Trustees of the Internal Improvement Trust Fund. As such, the special criteria in
this plan will carry the same authority as current rule criteria.

Previous management plans were designed to be generic in nature, with policies
and management guidance generally applicable to all aquatic preserves. This plan
and all future aquatic preserve management plans, however, will be designed to be
more site-specific and contain policy guidance and directives applicable to an
individual preserve.

Implementation of this plan relies heavily on authorities and activities existing
outside the Aquatic Preserve Program per se. Aquatic preserves were intended to
be managed to emphasize maintenance and enhancement of natural resources.
Section 18-20.004(2)(a), F.A.C., states that proposed development projects and
lease requests to utilize sovereign bottoms in less developed aquatic preserves,
such as St. Joseph Bay, shall be subject to a higher standard than similar projects
in the more developed preserves. As more information is learned about the
preserve and ambient conditions analyzed, efforts to restore or enhance the
productivity of the bay may be undertaken, if necessary.

This management plan is divided as follows: Chapter 11 cites authorities upon which
this management program and plan are built. Chapters III and IV discuss the
resource, man's usage of the resource, past problems associated with usage of the
resource, and status and content of applicable local government comprehensive
plans. Chapter V focuses on site specific management issues and needs and
Chapter VI discusses management areas. Chapter VII provides a management
action plan for the aquatic preserve. Chapter VIII the management coordination
network. And, Chapters IX and X the staffing and budgetary needs and resources
and activity monitoring program.

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

FOR MORE INFORMATION REGARDING
AQUATIC PRESERVES CONTACT,

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF STATE LANDS
BUREAU OF AQUATIC PRESERVOS Jv

3900 COMMONWEALTH BLVD Q
TALLAHASSEE.FLORIDA 32303 r9
c"ATEDw CAROL A. KNOX
,009
kIGURE 1 FLORI .DA AQUATIC PRESERVE SYSTEM

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29
ST JOSEPH BAY AQUATIC PRESERVE
(AQUATIC PRESERVE NO 17)
CAPE SAN 8L S
GULF COUNTY, FLORIDA
CREATED BY

STATE OF FLORIDA 80ARD OF
PREPARED BY CA KNOX 1 05 0 1 2 TRUSTEES OF THE INTERNAL IMPROVIAENT TRUST FUND
BUREAU OF HISTORICAL AND OCTOBER 21,1969
ENVIRONMENTAL LAND MANAGEMENT SCALE IN MILES RESOLUTION ADOPTED OCTOBER 28,1969
MARCH.1986

FIGURE 2. St. Joseph Bay Aquatic Preserve

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CHAPTER 11

MANAGEMENT AUTHORITY

The primary laws providing management authority for aquatic preserves are
Chapters 253 and 258, F.S. These statutes establish the proprietary role of the
Governor and Cabinet, sitting as the Board of Trustees of the Internal Improvement
Trust Fund as trustees over all sovereignty submerged lands. They also empower
the Trustees to adopt and enforce rules and regulations for managing all
sovereignty submerged lands, including aquatic preserves.

The jurisdiction of the Florida Aquatic Preserve Program relates to the use of
sovereign submerged lands within the boundaries of the aquatic preserve.
Activities which cannot be controlled directly through an aquatic preserve
designation include use of the adjacent uplands, federal navigation projects-within
an aquatic preserve, commercial fishing, water uses (e.g., boat speeds, wake
zones, etc.), and water quality. Although the Aquatic Preserve Program does not
directly control water quality, by virtue of the aquatic preserve designation the
waterbody has been declared an Outstanding Florida Water (OFW) and therefore,
ambient water quality at the time of the designation is the water quality standards
for the estuary.

The principle differences between submerged lands designated as aquatic
preserves and other submerged bottoms within the state are in regard to activities
which would disturb the submerged bottoms such as in the drilling of oil and gas
wells, excavation of minerals, construction of seawalls, the placement of rip rap, the
construction of docks and boat-houses, dredging and filling, and the placement of
utilities. In addition, a public interest test must be met within aquatic preserves,
whereas on other sovereign lands no public interest test exists except in regard to
the sale of sovereign land.

Sections 258.35-258.42, F.S., enacted in 1975 comprise the Florida Aquatic
Preserves Act. These sections set forth a standardized set of management criteria
for all designated aquatic preserves and represent the primary laws governing use
of sovereignty submerged lands within aquatic preserves.

Management responsibilities may be fulfilled directly by the Governor and Cabinet
or indirectly by staff of the Division of State Lands through delegations of authority
from the Board of Trustees. Staff of the Division of State Lands, Bureau of
Submerged Lands and Preserves serve as on-site managers for the Board of
Trustees and review requests for uses affecting state-owned sovereignty
submerged lands within the aquatic preserves. Project assessments and reviews
are evaluated in accordance with the criteria in Sections 258.35-258.42, F.S.,
(Florida Aquatic Preserves Act), and Chapter 18-20, F.A.C.

BACKGROUND

The laws supporting aquatic preserve management are the direct result of the
public's awareness of the importance of preserving Florida's coastal environment
resulting from the rampant dredge and fill activities in the late 1960s.

In 1967 the Randall Act (Chapter 67-393, Laws of Florida), established procedures
regulating previously unrestricted dredge and fill activities on state-owned
submerged lands. That same year the Legislature provided statutory authority
(Section 253.03, F.S.) for the Board of Trustees to exercise proprietary control over
state-owned lands. Also in 1967, government focus on protecting Florida's
productive estuaries from development led to the Board of Trustees establishment
of a moratorium on the sale of submerged lands to private interests. In the same
year, an Interagency Advisory Committee (IAC) on submerged lands was created.
In late 1968, the committee issued a report recommending the establishment of
twenty-six aquatic preserves. Also in 1968, the Florida Const itution was revised,
declaring in Article 11, Section 7, the state's policy of conserving and protecting the
natural resources and scenic beauty. That constitutional provision also established
the authority for the Legislature to enact measures for abatement of air and water
pollution.
On October 21, 1969, the Governor and Cabinet acted upon the recommendations
of the IAC and adopted by resolution eighteen of the waterbodies as aquatic
preserves, including St. Joseph Bay. Other preserves were similarly adopted at
various times through 1971. Prior to the October 1969 action, the legislature had
created the Boca Ciega Aquatic Preserve. Subsequent legislation in 1972, 1973,
and 1974 created the Pinellas County, Lake Jackson and Biscayne Bay Aquatic
Preserves, respectively.

In 1975, the Legislature established the Florida Aquatic Preserve Act (Chapter 258,
F.S.), bringing all. existing preserves under a standardized set of maintenance
criteria. Subsequent acts added Cockroach Bay in 1976, Rookery Bay in 1977 and
Gasparilla Sound-Charlotte Harbor in 1978 to the Aquatic Preserve Program.

In June, 1985, the Legislature passed Senate Bill 762 which expanded the
boundaries of the Rookery Bay, Banana River, Indian River-Malabar to Vero Beach,
Loxahatchee River-Lake Worth Creek, and Wekiva River Aquatic Preserves, and
created the Guana River Marsh and Big Bend Seagrasses Aquatic Preserves.
Lemon Bay and Rainbow Springs were added as aquatic preserves by SB 607 in
1986.

ADMINISTRATIVE RULES FOR AQUATIC PRESERVES

Chapters 18-20 and 18-21, F.A.C., are rules adopted by the Board of Trustees
designating the allowable uses of aquatic preserves and other submerged lands.

Chapter 18-20, F.A.C. (Appendix A), addresses the aquatic preserves specifically
and derives its authority from Sections 258.35, 258.36, 258.37, and 258.38, F.S.
The general rules in Chapter 18-20, F.A.C., are supplemental to the rules in Chapter
18-21, F.A.C., in the regulation of activities in the aquatic preserves. The intent of
this Chapter is found in Section 18-20.001, F.A.C., which states:

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

(2) The aquatic preserves which are described in 73-534, Laws of Florida,
Sections 258.39, 258.391, 258,392, and 258.393, Florida Statutes, future
aquatic preserves established pursuant to general or special acts of the
legislature, and in Rule 18-20.002, Florida Administrative Code, were
established for the purpose of being preserved in essentially natural or
existing condition so that their aesthetic, biological and scientific values may
endure for the enjoyment of future generations.

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

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

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

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

(d) to use applicable federal, state, and local management programs,
which are compatible with the intent and provisions of the act and
these rules, and to assist in managing the preserves;

(e) to encourage the protection, enhancement, or restoration of the
biological, aesthetic, or scientific values of the preserves, including but
not limited to the modification of existing manmade 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 preserves;

to preserve, promote, and utilize indigenous life forms and
habitats, including but not limited to: sponges, soft coral, hard corals,
submerged grasses, mangroves, salt water marshes, fresh water
marshes, mudflats, estuarine, aquatic and marine reptiles, game and
non-game fish species, estuarine aquatic, and marine invertebrates,
estuarine, aquatic, and marine mammals, birds, shellfish and
mollusks;

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

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

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

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

(2) to insure maximum benefit 'and use of sovereignty lands for all 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."

RELATION TO OTHER APPLICABLE PLANS AND PROGRAMS

The State Comprehensive Plan, established by Chapter 187, F.S., provides long-
range policy guidance for the orderly social, economic, and physical growth of
Florida. As such, it provides direction for management of physical resources within
the state. The goals, objectives, and policies set forth in this aquatic preserve
management plan are designed to be consistent with those of the State
Comprehensive Plan.

The Conceptual State Lands Management Plan, adopted on March 17, 1981, and
amended by the Board of Trustees on July 7, 1981 and March 15, 1983, contain
specific policies concerning spoil islands, submerged lands leases, "Outstanding
Native Florida Landscapes", unique natural features, seagrass beds, archaeo-logical
and historical resources, and endangered species. These policies provide some
of the fundamental direction for formulating management plans and policies for the
Aquatic Preserve Program.

A Local Government Comprehensive Plan (LGCP) for Gulf County is required by
Section 163.3161, F.S. This plan is intended to guide the future development in the
city and county and is required by law to conform to criteria, policies, and practices
listed in their comprehensive plan. The Division of State Lands reviews these local
plans to assure their compliance with submerged land policies of the state and of
the Aquatic Preserve Program. Aquatic preserve management plans provide
management guidance for state sovereign lands which are beyond the jurisdiction
of the Local Government Comprehensive Planning Act. Therefore, if coordinated
properly the management plan for an aquatic preserve can serve as the waterward
extension of the County's Local Government Comprehensive Plan. Gulf County's
plan has been reviewed by Bureau staff, as well as from other state agencies. It
was submitted to the Department of Community Affairs in June 1990 and is
currently awaiting final approval and adoption by the state. In March 1990, the
Beach Restoration Management Plan was adopted by the Governor and Cabinet
for Gulf County. The Aquatic preserve management plan is consistent with the
beach management plan for the area.

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CHAPTER III

RESOURCE DESCRIPTION

To manage and protect the resources of an aquatic preserve it is essential to
understand the physical and biological resources of the preserve, how they function
and interact within the preserve boundaries, and how the resources within the
preserve interact with the larger natural system of which they are part.

PHYSIOGRAPHY AND GEOLOGY

St. Joseph Bay is formed by a narrow spit of land extending out from Cape San
Blas. The bay owes its existence to the Cape San Blas shoals and the historical
migrating of the Apalachicola River (Stewart, 1962). Before sea level rise, these
shoals are believed to have been a barrier island system (Schnable and Goodell,
1968). The shoals extend about 10 miles into the Gulf of Mexico and are marked
by a series of broad ridges and troughs. They have caused wave action to deflect
littoral drift, which in turn has resulted in the emergence of the St. Joseph spit or
peninsula north of Lighthouse Bay. The Cape San Blas portion is the result of the
westward migration of the mainland.

St. Joseph Say is unique in being the only sizable, embayed body of water in -the
eastei@n portion of the near-shore gulf coast not markedly influenced by the inflow
of fresh water. The bay has a mean depth of 21 feet, with the deepest parts being
about 35 feet near the northern tip of the spit. Figure 3 shows the bathymetry of
St. Joseph Bay. Below the five-foot level salinity values are essentially identical to
those in the open gulf.

Bottom sediments are predominantly quartz sand, with localized areas of clayey silt,
sandy silt, clayey sand, and gravel-sand mixtures (Stewart, 1962). Figure 4 maps
the sediment types in St. Joseph Bay. Present day sedimentation in St. Joseph
Bay may be attributed to the coastal transport of sand from the east and biological
activity within the bay itself. Since the spit enclosed the bay, the rate of
sedimentation has been slow. Therefore, the central portion of the bay has a depth
and gradient which is in close agreement with that of the offshore slope. The large
accumulation of clay in the central portion of the bay has led to the conclusion that
these fine sediments represent a relic surface. produced by the discharge of an old
distributary of the Apalachicola River (Stewart and Gorsline, 1962).

St. Joseph Bay lies on an offshore extension of the Gulf Coastal lowlands
geomorphic province. The onshore terrain consists of a flat, frequently swampy
plain sloping gently towards the coast. Near-surface sediments are Pleistocene and
Holocene deltaic and marine sands which are generally over 100 feet thick. These

overlay Upper Miocene limestones, clays, and shell beds (Schmidt, 1978). Relict
marine bars, dunes, and spits, formed during high Pleistocene sea level stands, are
superimposed on the otherwise flat landscape. Land slope near the coast
averages 2 to 3 feet per mile. Offshore, the submarine plain slopes seaward at a
rate of 4 to 5 feet per mile for at least 10 miles.

St. Joseph spit is connected to the mainland by a 3 mile long arm extending
eastward from Cape San Bias. The spit bends sharply at the Cape and extends
about 15 miles northward in a gentle convex-seaward arc. Width of the spit is
generally less than one-mile. Eagle Harbor, midway up the spit, forms a natural
cove on the bay side. This feature may represent an ancient pass which once
divided the spit into two islands (Stapor, 1973).

An analysis of the coastal sand budgets for northwest Florida suggest that the
region has shifted from historically having an excess of sand to a current shortage
(Stapor, 1973). The beaches of Gulf County are about 100 to 200 feet in width and
are backed by dunes reaching to about 40 feet in height. They have experienced
a balance of erosion and deposition over the last 100 years. Some sections have
experienced long-term recession and have contributed sand to other areas that
have a history of accretion (BSRC, 1985). Cape San Bias and St. Joseph spit have
been lengthening from sand eroded from their western shore. The primary causes
of beach and dune erosion in Gulf County are periodic storm events and long term
sea level rise (DNR, 1990).

According to the DNR's Beach Restoration Management Plan (DNR, 1990), the
coast along the 17 mile reach extending from St. Joseph Point south to Cape San
Bias is eroding (Stapor, 1971; Tanner, 1975; Balsillie, 1985; Clark, 1989), with the
exception of the northern 2.17 miles (Balsillie, 1985).

.In the northern ten miles of this eroding portion of the St. Joseph peninsula, the
historical erosion rate increases from 0 to -3.75 ft/yr, while in the southern five miles
the erosion rate increases from -4.1 to -30.7 ft/yr (Balsillie, 1975). The latter is the
largest historical long-term erosion rate recorded in Florida. Tanner (1975) has
noted that a lighthouse located just over one mile north of Cape San Bias has been
relocated six times to eastern sites since its original construction. Clark (1989),
however, describes these erosion rates as noncritical on the basis that there are
few or little coastal man-made structures to be threatened. Erosion along a 500
foot segment of beach at Stump Hole threatens county road C30 and is designated
as critical erosion.

A longshore drift divide has been identified along the southern one-third of the St.
Joseph peninsula (Stapor, 1971; 1973b; 1974; U.S. Army, 1971). St. Joseph point
is accreting and migrating northward due to erosion north of the divide and
longshore transport of eroded material to the north. Progradation of the point has
been described as slight (Tanner, 1975). The majority of the eroded material is

SOURCE: STEWART & GORSLINE, 1962.

850130' 85-@O'

NAUTICAL MILES

1 0 1 2

-P

PORT
T JOE

BOTTOM

TOPOGRAPHY

2Jr
CONTOUR INTERVAL 5FT. 35 AN BLAS 30

BOAT CHANNEL

FIGURE 3. Bathymetry of St. Joseph Bay

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SOURCE: STEWART & GORSLINE, 1962.

--130'

100
A
GRAVEL
90
NAUTICAL MILES

1 0 1 2
0133"
0-1L-90
SAND SI LT
100 100

100
A
CLAY
90

10
10'33"

b 9 9
in SAND 10- SILT
im 100 100

PORT
ST. JOE

SAND

SHELL GRAVEL

SANDY GRAVEL
772 GRAVELLY SAND
ELI

GRAVELLY SILTY SAND

SILTY CLAYEY SAND
04
SANDY CLAYEY SILT CAPE SAN BLAS

CLAYEY SILT

FIGURE 4. Bottom Sediments of St. Joseph Bay

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moving south and is accreting in shoals south of Cape San Blas (Tanner 1960a;
1961; Stapor, 1971; 1973; 1974; Stauble and Warnke, 1974). Stapor (1971)
suggests that the southerly longshore transport may be due to strong southerly
winds near the Cape.

The nine miles of shoreline from Cape San Blas east to Indian Pass is stable to
accreting. Very high historical rates of accretion from 61.4 ft/yr near the Cape to
5.0 ft/yr several miles eastward strongly suggest a significant net eastward
movement of Cape San Blas shoal material, controlled mainly by wave refraction
due to shoal configuration. Such a conclusion is strongly supported by
physiographic evidence of backbeach dune ridge formation (DNR, 1990). The
beaches of the mainland of Gulf County north of the city of Port St. Joe are for the
most part accreting (Balsi.1lie, 1985). Between 1860 and 1935 the shores migrated
seaward about 200 to 300 feet (BSRC, 1985).

Although the St. Joseph spit is lined with dunes facing the Gulf of Mexico, these
dunes almost without exception show signs of severe scarp erosion. Blowout
conditions exist in some of the high dune areas on the spit, where the landward
migrating dune material has breached the dune line and buried trees to their tops
further inland. The topography is also low in the areas north and east of the cape.
Therefore, in an event of 100 year frequency storm or hurricane, most coastal areas
of Gulf County are subject to flooding (BSRC, 1985).

The shallow nearshore gulf in the region is a drowned alluvial plain grading into a
limestone plateau to the east and south (McNulty et al., 1972). The north gulf coast
sedimentary province contains relict sand west of the Apalachicola delta. Water
movement along the shallow west Florida shelf is primarily due to tides, although
wind effects are evident, especially in winter when Cold fronts move through the
area. The high salinity coastal waters are well-mixed except during winter months
when a thermocline separates the colder bottom waters from the surface waters
(Livingston, 1984).

CLIMATE

St. Joseph Bay is located in. a transitional climatic zone between the semi-tropical
climate of peninsular Florida and the subtropical climate of the southeastern United
States. Average annual rainfall is about 60 inches. Maximum rainfall occurs during
the summer and fall months, with September being the wettest. The dry season
occurs from October through December. Convection type storms are the
predominant source of rainfall in the summer and frontal storms are the typical
source in the winter.

The climate of Gulf County is largely determined by its proximity to the Gulf of
Mexico, the northern continental land mass, and its temperate latitude. Generally,

the warm waters help create warm, humid summers and mild winters. Wind
conditions are generally north through the winter and southerly during the summer
months. Hurricane and tropical storms occasionally influence the late summer and
fall weather of the region, bringing extremes in wind, rainfall, and tide. Over a 500
year period it is estimated that a total of 90 land falling hurricanes will occur within
a distance of 270 nautical miles of Gulf County (Dean and Chiu, 1985). In 1985
hurricane force winds were experienced twice within the aquatic preserve
boundaries.

HYDROLOGY

The gulf coast falls within a moderate energy coastal area (Tanner, 1960), with
average breaker heights of 4 to 20 inches. Waves traveling northward through the
Gulf of Mexico are refracted clockwise around the Cape San Blas shoals in such
a manner as to arrive nearly parallel to the beach. This results in a bi-directional
littoral drift system which runs northward along the northern half of the spit and
southward along the southern portion (Tanner, 1966).

St. Joseph Bay lies in the transition zone between the semi-diurnal tides of the big
bend area and the diurnal (daily) tides to the west. One study has found that
predicted and actual tides in St. Joseph Bay are not concurrent (Rudloe, 1985).
The bay exhibits chiefly diurnal tides with a single high and low stage each day.
The average tidal range is 1.4 feet. Daily ranges decrease to less than 0.2 feet
during equatorial tides (when the moon is over the celestial equator) and increase
to 1.5 to 2.5 feet during tropic tides (when the moon is over the Tropic of Cancer
or Tropic of Capricorn) (Barnett and Gunter, 1986).

Currents in St. Joseph Bay show a response to the tidal cycle of ebb and flood.
In general, during the flood tide a moderately strong flow sweeps around the point
and into the lagoon. A counter-clockwise circulation pattern is established in the
central portion of the lagoon. This movement is disrupted only during the maximum
flood tide. At ebb tide, currents flow from the lagoon and outer basin via the
channel at the point and across the- shoal in the vicinity of the boat channel.
Current movement is essentially on the surface throughout a major portion of the
bay, diminishing rapidly below the 5 foot depth contour. In the shallow south end
of the bay current movement is negligible. Circulation is also believed to be limited
in the deeper portions of the bay (Stewart, 1962).

Numerous small bayous, creeks, and ditches drain into St. Joseph Bay. The
principal sources of freshwater into the bay include rainfall, overland drainage and
the Gulf County Canal (a man-made canal dug by the U.S. Army Corps of
Engineers). During periods of high river stage on the Apalachicola River, a small
percentage of the Apalachicola River's flow may be diverted westward and exit the
Canal via Lake Wimico and the Intracoastal Waterway.

BIOTA AND HABITAT

The ecology of near-shore coastal areas is defined by both the salinity regime and
nutrient budget. As noted above, the salinity regime of St. Joseph Bay is
essentially identical to that of the gulf. In most of the extensive shallow reaches of
the lower bay there is no appreciable current except for the daily tide. Therefore,
this most productive area of the bay functions largely as a closed system (Stewart,
1962). Consequently, the nutrient budget and food web of the bay are dependent
upon the primary productivity of the bay itself.

Salt marshes and seagrasses play an important role in the food web of St. Joseph
Bay. Salt marshes generally develop along low-energy coasts under stable or
emergent conditions. Salt marshes constitute an extremely productive ecosystem.
Salt marsh communities are typically low in species diversity and dominated by a
few species. The dominant species in salt marshes of St. Joseph Bay-are black
needlerush (Juncu roemerianus) and smooth cordgrass (Spartin alterniflora).
The ecological significance of salt marshes to the bay is that they serve as a
foundation for detrital based food chains. Marsh detritus produced by biological
decomposition and mechanical breakdown of dead plant material is reported as a
rich and abundant food source for estuarine organisms (de la Cruz, 1975). Recent
studies, however, question the long-held belief that marshes serve as nutrient pools
and primary sources of detritus for the food chain (Stout, 1984). Very few
comprehensive studies have addressed the functional role of salt marshes in the
estuarine ecosystem, and even less information is available on gulf coast Juncus
marshes.

Other important functions of salt marshes include: serving as the exclusive habitat
of a few species of algae and seed plants, of a large variety of invertebrates, of a
large number of birds, and of a few reptiles and mammals; providing protection to
adjacent low-lying uplands from saltwater intrusion, coastal erosion, and in
expansive marshes, from salt spray; and, serving as important nursery grounds and
refuges for important commercial and sport species (Wolfe et al., 1988).

Virtually the entire rim of the bay is bordered by salt marsh. This marsh is a narrow
band along much of the spit, but widens near Pig Bayou and is a prominent feature
of the shallow areas of the southern and southeastern portions of the bay.
Extending into the bay for up to hundreds of feet, this interti.dal zone also includes
tidal mud-flats. In a few places along the eastern shore the salt marsh is influenced
by tidal creeks which supply some fresh water to the bay. In early 1990, the salt
marsh surrounding St. Joseph Bay began showing signs of stress and dying off.
Whether the cause of this stress is due to a natural phenomena or to- man has not
yet been determined. Evidence suggests that mortality is due to a chronic stress
rather than a single acute episode of stress. At this time the reason for the dieoff
is being studied by the Department of Natural Resources.

Seagrasses are the equivalent of an underwater salt marsh in terms of net
productivity. The physical structure provided by seagrass blades and rhizomes
increases available habitat surface area for surrounding organisms as much as 15
to 20 times compared to unvegetated bottoms. In addition, they offer refuge from
predators to many large juvenile populations of commercially important species of
fish and invertebrates (Wolfe et al., 1988). Two types of food webs are associated
with seagrass communities: (1) a grazing food chain component comprised of
herbivores that feed on living plants (the seagrass blade itself and associated algae)
and their predators; and, (2) a detrital food chain component comprised of
herbivores that feed on dead material, together with their associated predators.

In St. Joseph Bay they cover about one-sixth of the bay bottom. They are found
in the shallower areas where the sun can penetrate to the bottom. Figure 5 shows
the location of seagrass beds in St. Joseph Bay. The areal coverage of bay bottom
by seagrasses was stable during the 1970s because of the relatively unpopulated
nature of the area (Savastano et al., 1984; Livingston, 1987).

Five species of seagrass are found in the bay: Cuban shoal grass (Halodul
wrighti), manatee grass (Syrinciodiumfiliforme), turtle grass (Ihalassi testudinum),
widgeon grass (Rupl2i maritima), and star grass (Halophil engelmanni). Shoal
grass is recognized as the pioneer species in the successional development of
grassbeds in the gulf and Caribbean (Zieman and Zieman, 1989). It can tolerate
exposure and is therefore found in the shallow areas. Manatee grass is found in
areas deeper than those colonized by shoal grass and is typically interspersed with
other seagrass species. Turtle grass is by far the most predominant species of
seagrass in the bay. Star grass is patchily distributed throughout the bay and
widgeon grass occurs in a few small, isolated populations on the eastern side of
the bay. A recent monitoring of seagrass beds along the north Florida coast found
the richest and most abundant concentrations of marine grasses in St. Joseph Bay
(Williams, 1981).

Seagrasses are vital to the coastal ecosystem because they form the basis of a
three-dimensional, structurally complex habitat. The importance of seagrass beds
extends beyond their geographical limits because of the distribution of seagrass
detritus, and their ability to cycle nutrients, stabilize sediments, provide habitat and
shelter to juvenile fish and invertebrates, serve as a food source, and buffer wave
energy in a storm (Zieman, 1982; Dawes, 1987; Virnstein, 1987). Seagrass beds
in St. Joseph Bay are important habitat for such commercially and recreationally
important marine species as the bay scallop (Argogecten irradians concentricus),
blue crabs (Callinectes sapidu ), penaeid shrimp (Penaeu spp.), mullet (Mugi
cel2halus I
J, spotted. seatrout (Cynoscio nebulosus) - and redfish (Sciaenop
ocellatus).

Although seagrasses do not grow below 15 to 20 foot depths, detrital matter from
the beds is transported to this level and is available to deeper dwelling marine

SOURCE: SAVASTANO et al., 1984.

85*1 30'
85*'20'

NAUTICAL MILES

0 1 2

PORT
t JOE

CAPE SAN BLAS

SUBMERGED VEGETATION

FIGURE 5. Seagrass Beds of St. Joseph Bay

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organisms including the commercially dredged hardshell clams and shrimp. There
are some questions in regard to the impacts of commercial scallop harvesting on
seagrass beds in St. Joseph Bay. As the bottoms are dragged to catch the
scallops, seagrasses are cut or uprooted. Anecdotal evidence suggest the
recovery of seagrasses is slow (Zieman, 1982). Turtle grass beds are especially
affected since this species does not spread its rhizome mat very rapidly. Propeller
cuts can be persistent features, lasting three or more years (Wolfe et al., 1988;
Eleuterius, 1987).

Important species found in the sand bottoms of the bay include flounder
(Paralichlys spp.), hardshell clams or quahog clams (Mercenaria mercenaria),
Venus sunray clams (Macrocallista nimbosa), and the pygmy octopus (Octopu
aoubin). Organisms found in the near-shore areas of the gulf are part of a
temperate sand community.

.To the west of Cape San Blas the continental shelf is narrow and numerous pelagic
species are found relatively close to shore. Important commercial and recreational
species in this region include brown shrimp (Penaeu aztecus), white shrimp (P.
setiferu ), pink shrimp (P. duoraru ), grouper (Myctero-perc spp.), greater
amberjack (Serioil dumerilli), Atlantic bonito (Sard sarda), crevalle jack (Caran
hipp ), sharks, spot (Leiostomus xanthurus), Atlantic croaker (Micropogonias
undulatus), sand seatrout (Cynoscio arenarius), gulf menhaden (Brevoorti
patronu ), bluefish (Pomatomus saltatrix), Spanish mackeral (Scomberomorus
maculatus), king mackeral LS. @avalla), @nd the bilifishes, blue marlin (Makair
nigrican ), white marlin (jetrapturus albidus), and sailfish (Istiophorus plalypterus)
(Wolfe et al., 1988).

The marine sandy beaches along the peninsula are composed of fine q uartz grains
with a medium diameter of 0.1 to 0.2 millimeters (Salsman and Ciesluk, 1978). The
aerobic zone (i.e.,depth of oxygenated sediment) in beach sediments is very deep
because of tidal flushing and the relatively large interstitial pore spaces. This allows
organisms to live far down within the sediment and escape the pounding of waves.
The majority of beach organisms tend to be suspension feeders, using the rushing
water to constantly carry food in and waste material away (Wolfe et al., 1988).

The land area surrounding the aquatic preserve is an important stopover during the
gulf coast fall and spring bird migrations. St. Joseph Bay lies between the
Mississippi and east coast flyways, and therefore receives birds from both the
midwest and Atlantic seaboard which use the Gulf of Mexico and peninsular Florida
during migration. In season, the Cape and peninsula are concentrated with
thousands of migratory birds including warblers, vireos, tanagers, and grosbeaks.
Hawk migration in the fall is particularly striking, for the 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 peninsula. Estimates of 3,000 to 5,000
hawks per year may be seen during the month of October.

A number of species found either within or in close proximity to the St. Joseph Bay
Aquatic Preserve are of special interest because of their scarcity or declining
populations. Separate lists which formally designate species for special protection
are kept by both the state and federal governments. These lists designate a
species as either "endangered" or "threaten-ed", depending upon the degree of
scarcity or the threat to their continued existerice as a species. The state list also
includes an additional early cautionary category called "species of special concern",
while the federal government lists such species as "under review".

Species either found within or in close proximity to the aquatic preserve which have
legal status on the state or federal list published in September 1987 (FGFWFC,
1987) are:

Endangered: peregrine falcon (Falc peregrinu tundrius) (state), Southern bald
eagle (Haliaeetu leucocephalu ) (federal), Leatherback turtle (Dermoche!ys
coriacea) (state and federal), and Atlantic ridley turtle (Lepidoche!Ys kemp)(state
and federal). Threatened: Atlantic loggerhead turtle (Careft caretta caretta) (state
and federal), American alligator (Alligato mississippiensis) (federal), Southern bald
eagle (state), peregrine falcon (federal), Southeastern kestrel (Falc sparveriu
gaulu ) (state), Cuban snowy plover (Charadrius alexandrinus tenuirostris) (federal),
and least tern (Stern antillarum) (state). Species of Special Concern or Under
Review: American alligator (state), Gopher tortoise (Gopheru polyphemus) (state
and federal), Cuban snowy plover (federal), little blue heron (E-grett caerulea)
(state), snowy egret (Egrett thula) (state), reddish egret (Egrett rufescens) (state
and federal), Louisiana heron (Egrett tricolor) (state), a nd eastern brown pelican
(Pelecanus occidentalis) (state).

Species not included above which also have legal protective status through the
Convention on International Trade in Endangered Species (CITES) of Wild Fauna
and Flora are the osprey (Pandio haliaetus) and marsh hawk (Circu gyaneu

CULTURAL RESOURCES

The Division of Historical Records, Department of State, has identified nine
archaeological 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. Due to the moderate energy nature of the
coastline, most relict indian sites were probably either buried by sand or destroyed
.by wave action.

Notable among the cultural sites is Richardson Hammock, a large, well preserved
shell midden site representative of the Deptford, Swift Creek, Weeden Island, and
Fort Walton cultural periods (ca. 500 B.C. to A.D. 1500). The site is known to
contain human burials. The site is believed to be one of the largest and best
preserved archaeological sites of its type in the northwest Florida gulf coast region.

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CHAPTERIV

HUMAN USES AND ASSOCIATED IMPACTS

To develop a management program for the resources of the St. Joseph Bay
Aquatic Preserve it is essential to understand how humans use the resource in
addition to the biology and ecology of the Bay. The major uses of the aquatic
preserve area include commercial and recreational fishing and uses of the adjacent
uplands.

Typical of the counties of northwest Florida, Gulf County, with a population of
11,600 in 1986, is one of the less populated counties in the state. It has a mean
population density of 20.7 people per square mile, 56th among the 67 counties in
the state. On -ly seven counties in the state are growing at a slower rate (BEBR,
1987). A principle factor leading to the slow growth rate within Gulf County has
been the significant out-migration of residents, especially younger, working-age
people, because of the limited job opportunities. This slow growth is expected to
continue into the near future.

The major source of income in Gulf County is manufacturing, with the St. Joe
Forest Products Company being the principle employer. The paper company's
plant is located just north of the city of Port St. Joe, adjacent to St. Joe Bay and
currently employs about half the county's work force. Other major sources of
income in the county include transportation, government, and the marketing of
seafood. Although the county has no organized economic development plan,
future economic development options for the county appear directed toward
shipping and port use, the fishing and shellfishing industry, tourism and recreational
activities, and the development of second homes on the coast (Larry Wells, pers.
COMM).

Commercial shipping and port use center around the St. Joseph Ship Channel and
the Gulf County Canal which connects the Gulf of Mexico to the Gulf Intracoastal
Waterway (GIWW). The ship channel is maintained at 35 x 300 foot dimensions,
while both the GIWW and the canal are maintained at 12 x 125 foot dimensions.
The ship channel is used by both commercial fishing boats and the St. Joe Forest
Products Company. Since the GIWW provides access to the western Gulf of
Mexico all the way to the Mexican border via protected waters, it can potentially
lead to some future economic development opportunities. Efforts have been made
to have a seafood industrial park constructed along the canal. As noted earlier,
Section 258.40 (2), F.S., specifically exempts any publicly owned and maintained
navigation channel from an aquatic preserve.

The port of Port St. Joe is located on St. Joseph Bay at the city of Port St. Joe and
consists of property owned by the city of Port St. Joe, St. Joe Forest Products

Company, Hess Petroleum, and McKenzie Tank Lines. In recent years, the port
has not been an active waterborne cargo port, although the Port of St. Joe Master
Plan clearly shows a desire by the county to revitalize the port. Products which
have passed through the port include cotton, timber, petroleum, chemicals, paper,
rosin, turpentine, and various agricultural commodities (Baskerville- Donavan, 1990).

The St. Joseph Ship Channel consists of an entrance channel, turning basin, and
south channel. Channel maintenance is the responsibility of the Corps of Engineers
and dockside depth maintenance is the responsibility of dock owners. According
the Port of St. Joe Master Plan, the Corps of Engineers is trying to obtain approval
for. reclassifying the interim offshore disposal site to a permanent site to assure
long-term disposal of the Port's existing navigational channels and turning basin.
The majority of the finer grained inner-bay sediments can likely be disposed of at
this offshore site. Any sediments, however, which contain excessive metal or
nutrient levels or are extremely fine-grained, may have to be disposed of in an
approved upland site (Baskerville-Donavan, 1990).

Species harvested commercially within the aquatic preserve include bay scallops,
mullet, hardshell clams, blue crabs, and shrimp. The primary species of shellfish
harvested is the hard shell clam or quahog. The sunray venus clam are also
available in the bay, but not in commercial quantities. Hardshell clams congregate
in large numbers buried in firm mud and sand substrates. They are harvested by
permitted dredging from the central portion of the bay. There is no closed season
for clamming. Figure 6 shows the present shellfish harvesting classification for St.
Joseph Bay. The approved harvesting area for clamming in St. Joseph Bay has
expanded since the 1970's (Barnett and Gunter, 1986).

As of 1986 there were no wet storage facilities or shellfish propagation leases
located in St. Joseph Bay, eleven mechanical clam harvesting permits had been
issued, and there were six certified shellfish processing plants in Gulf County.

The commercial harvesting of bay scallops has proven to be a controversial aspect
of the marine harvest since it competes with recreational harvesting of scallops.
This issue was manifested locally in the early 1980s through a petition by county
residents to their Board of County Commissioners to stop commercial harvesting.
The Board responded by requesting the Department of Natural Resources.(DNR)
ban commercial scalloping in St. Joseph Bay. A compromise was eventually
reached in which commercial scalloping is banned in the earlier part of the scallop
season and on weekends until Labor Day, and with a limit placed on recreational
harvesters.

Sport and shellfishing is the most active form of tourism through-out the year.
Major species sought include spotted seatrout, king and spanish mackerel,
flounder, bay scallops and sunray venus clams. Other important recreational
activities include beach-oriented activities, nature watching, and hiking. A major

SOURCE: SheRfish Environmental Assessment (SEAS) 1990.

ST. JOE POINT

0 0.5 1

SCALE OF IM

PORT--.@
ST JOE 2)

0
-1

C
9

UG
R

ST. JOSEPH BAY

P1 B u

57, VDXMN
NAMN" WaMIUMM
LEGEND kMG9

APPROVED

PROHIBITED

UNCLASSIFIED

FIGURE 6. Shellfish Harvesting Classifications for St. Joseph Bay

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focus of the on-land recreation activities is the T.H. Stone State Park on the St.
Joseph peninsula. A review of boat registrations, visitation records at the state
park, and violation citations issued by the Marine Patrol all suggest that recreational
use of the aquatic preserve area is increasing.

Increased use of the aquatic preserve for recreation and visitation also results in
increased development pressure on the peninsula. This in turn results in increased
potential to degrade water quality through stormwater runoff and septage as well
as providing public beach and bay access problems.

Public boat access to St. Joseph Bay is currently limited to: the Port St. Joe city
pier, two private fish camps on the eastern shore of the bay, and two launching
areas at Eagle Harbor in the state park. The Gulf County Pomprehensive Plan
noted that there is no short-term needs in the county for additional marina facilities.

In regard to residential land use, it is important to note that Gulf County has
historically had no zoning or special ordinances relating to land use disturbances.
The county is, however, in the process of developing their Local Government
Comprehensive Plan (LGCP) pursuant to the requirements of Florida Statutes. After
adoption the county will have zoning for the first time. Figure 7 shows the Future
Land Use Map from the LGCP for the land surrounding the St. Joseph Bay Aquatic
Preserve.

Historically, limitations have been placed on development densities in the upland
area surrounding the aquatic preserve by state restrictions on septic tank densities.
There are currently two areas served by centralized sewer systems on the uplands
adjacent to or near the aquatic preserve: the Barrier Dunes subdivision on St.
Joseph's spit and the city of St. Joe's system. All other areas are served by septic
tanks. In accordance with Chapter 1OD-6, F.A.C., the maximum residential
densities in areas serviced by septic systems is 2 units per acre if a centralized
water system is not available and 4 units per acre if a centralized -system is
available.

The Gulf County LGCP states that the Soil Conservation Service found the soil
types in Gulf County as having at best moderate to severe limitations for septic tank
drain fields. The majority of the county is classified as severe,and the lands on
Cape San Bias and on the spit are classified as having very severe limitations. The
LGCP further states that septic tank use on barrier islands should be unacceptable
under all conditions and that requirements be made that septic tank drainfields be
situated in such a way that the bottom of the drainfield is at least 36 inches above
the water table. Based on this situation and the limits it imposes on the
development potential for the St. Joseph peninsula and Cape San Bias, the LGCP
recommends that centralized wastewater facilities be constructed on St. Joseph spit
and between Indian Pass and Cape San Bias. This recommendation, however,
ignores the fact that these facilities would lie in the Coastal High Hazard Area and

would therefore not be eligible for public subsidies according to establi shed policy
in both the State Comprehensive Plan and the Apalachee Regional Policy Plan.
The LGCP also states that 75% of the county's growth over the next five to seven
years is expected to occur on St. Joseph spit and in the Cape San Blas/Indian
Pass area. Since 1973, municipal and industrial wastes generated near the city of
Port St. Joe have been treated by a single treatment facility. About 97% of the
inflow into the city's sewage treatment plant comes from the St. Joe Paper
Company. And, the effluent discharge from the sewage treatment plant goes
directly into the Gulf County Canal, which drains into St. Joseph Bay.

As shown by Figure 7, the land use designations surrounding St. Joseph Bay on
the Future Land Use Map include conservation, recreation, agriculture, industrial,
incorporated, residential, mixed commercial/residential, and public. As noted
earlier, circulation is limited in the shallow reaches of the lower bay and that there
exists a counter-clockwise circulation pattern in the upper bay. Therefore, areas
where land use is of special concern relative to the long-term protection of the
aquatic resources of the bay are the peninsula and the lower bay. Designated land
uses in these areas include: conservation in the state park portion of the peninsula
and Pig Island (which is part of the St. Vincent National Wildlife Refuge); public in
the area owned by Eglin Air Force Base; recreation at the William J. Rish Park
facility; agriculture in an area at the southwest corner of the bay; and, the
remainder is zoned mixed commercial/residential.

Both the St. Joseph peninsula and Cape San Blas south of the state park have
been erratically subdivided and developed since 1975. Parcel sizes range from
one-half acre to five acres in size, with little discernible pattern of subdivision.
A. unified townhouse, Barrier Dunes subdivision, has been constructed adjacent to
the state park. Elsewhere single family and duplex beach homes are mixed
irregularly with townhouses (up to eight units per acre) and undeveloped lots. Most
of this development has been for second homes. Other land uses include four
small convenience stores and a handful of docks. There has been a trend toward
more bayside development.in the past few years (Larry Wells, pers. comm.).

The Department of Health and Rehabilitative Services operates a facility, for the
disabled on the peninsula and their are two federally owned facilities nearby. One
is Pig Island which is a part of the St. Vincent National Wildlife Refuge and the other
is an Air Force radar tracking facility covering several hundred acres. 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. This tract is currently used as a solid waste disposal facility.

Continuing north along the mainland bay shore is a 3 mile stretch of land under one
ownership, where- a single townhouse development is being constructed. Then a
small scattered cluster of older homes lies in the vicinity of a fish camp. Nearby is
the County Country Club and some associated single family units on one-half acre
lots.

SOURCE: Gulf County Comprehensive Plan, 1990.

85* 30' .... .... . 85*@o'

NAUTICAL MILES

0 1 2

Ag
P/C

Preservation/
Conservation

Mixed Commercial/
Residential

9
Unincorporated
Residential P/C

Agriculture Ag

Industrial

Recreation

Public

FIGURE 7. Future Land Use Map

.37

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A portion of the eastern shore of the bay is excluded from the aquatic preserve
since it has been conveyed into private ownership. A small number of islands
occur just outside of the aquatic preserve boundary, but the largest island, Black's
Island is within the boundary. On the island is a small group camping facility.

Not far north of the fish camp the land is owned by a timber company and is
undeveloped up to the junction of County Road 30A and US-98. At this point the
urban area of Port St. Joe begins. The residential area extends to the junction with
State Road 71 (where the city pier is located). This is followed by a 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 4 mile stretch of undeveloped beach exists
before residential development begins again in an area referred to as St. Joe Beach
and Beacon Hill. At present, this is the most rapidly developing part of the county
(Larry Wells, pers. comm.).

Coastal storms and hurricanes are a factor which must be accounted for in coastal
development both in regard to potential property damage and estimated evacuation
time. Over a 500 year period it is estimated that a total of 90 land falling hurricanes
will occur within a distance of 270 nautical miles of Gulf County (Dean and Chiu,
1985). In 1985 hurricane force winds were experienced twice within the aquatic
preserve boundaries. There is a possibility that a large storm or hurricane could
breach the narrow portion of St. Joseph spit at Stump Hole (DNR, 1990). DNR
(1990) recommends that studies should be conducted to determine the potential
for a permanent breakthrough at this location and to evaluate the alternative
solutions to allowing breakthrough to occur. Because the bay is a salt water
embayment and not an estuary per se, the ecological implications of a
breakthrough may be limited.

Since many of the roads to be used for evacuating the cape and spit have low
elevations, they would be flooded well before a hurricane makes landfall.
Consequently, evacuation of this area is already considered a problem and it would
only be exacerbated by additional development (Apalachee Regional Planning
Council, 1984). However, the fact that this area consists mostly of second homes
could absolve some of the evacuation problems.

On Cape San Blas and the spit, flood insurance is not available because this area
has been declared undeveloped under the federal Coastal Barriers Resource Act.
While this could be interpreted as a barrier to further development, the actual limits
of the flood zones allow construction to occur above the zone without the need for
flood insurance.

Recent changes to the State Coastal Construction Control Line are believed to have
significantly affected development trends on the cape and spit (Larry Wells, pers.
comm.). The history of the shoreline of the St. Joseph spit indicates that it is

eroding. Because a 1 00-year frequency storm/hurricane would overtop and flood
much of the coastal areas in Gulf County, it has been concluded that coastal
development in Gulf County carries with it a high risk factor (BSRC, 1985).
Consequently, the State Coastal Construction Control Une was revised recently.
With the reestablishment of a coastal construction control line in 1986 and with the
adoption and enforcement of local coastal building codes, impactive and imprudent
coastal development has been substantially curtailed along the Gulf County coast.
A 30-year erosion project prohibition for major structures, other than qualifying
single-family dwellings, impo S*es large setback requirements in erosion stressed
areas. With any new development proposals, adherence to dune preservation is
essential (DNR, 1990).

The primary cause for beach and dune erosion in Gulf County include periodic
storm events and long term sea level rise. Although the very high historical rate of
erosion along the southern St. Joseph peninsula and the west shore of Cape San
Bias are not completely understood, it is speculated that shoreline alignment and
shoal geometry affect wave refraction and energy levels in the area.

Only one coastal construction device has been constructed in Gulf County. The
device, installed in 1986 following Hurricane Kate, is a rubble mound revetment
about 200 feet in length constructed by the federal government near Cape San Bias
to protect a road (DNR, 1990).

Storm water management in these highly permeable soils does not present as
major an obstacle to development as does potable water and sewage disposal.
Nevertheless, the creation of impermeable surfaces in place of natural contours and
vegetation will increase runoff, which can ultimately have a deleterious affect on the
seagrasses within the aquatic preserve,

A survey of biological aspects of St. Joseph Bay associated with water quality in
1979 found the bay to have excellent macroinvertebrate diversity and. only
occasional high bacteria counts (FDER, 1979). Neither of the two stations tested
in the bay during this study showed signs of pollution degradation during the study
period. The 1990 Florida Water Quality Assessment (Hand et al., 1990) states that
water quality in St. Joe Bay is good. This report does note that in the vicinity of
where the Gulf County Canal enters St. Joe Bay, a site roughly two miles outside
of the aquatic preserve boundary, bottom sediments are mucky instead of sandy
and seagrass coverage is decreased due to the poorer transparency of the waters.
Because of the circulation patterns in St. Joe Bay, Hand et al. (1990) noted that the
effluent was relatively quickly dispersed and unless samples were collected directly
in the plume, the water column quality remained quite good.

Barnett and Gunter (1986) provide a summary of water quality data collected in St.
Joseph Bay between 1981 and 1984 by the Department of Natural Resources for
the purposes of 1) identifying, recording, and evaluating point and non-point

pollution sources, 2) determining if the area is properly classified for shellfish
harvesting based on pollution sources and water quality, and 3) assessing the
possibility of classifying an unclassified area north of St. Joseph Bay. Survey
results indicated that fecal coliform levels in the presently approved area met ISSP
standards. The survey also led to reclassification and expansion of shellfish
harvesting areas. The report further notes that as development along the St.
Joseph Bay shoreline continues, the bay will be subjected to increased sewage and
runoff pressures necessitating continued evaluation. The Department of Natural
Resources intends to continue monitoring 22 stations throughout the bay for fecal
coliform levels, water temperature, salinity, dissolved oxygen, turbidity, and pH.
Monitoring will be conducted at least quarterly during varying meteorological and
hydrographic conditions.

Barnett and Gunter (1986) included an assessment of trace metals and pesticides
found in clams harvested from St. Joseph Bay. Table 1 summarizes data for clams
collected from the presently approved area of St. Joseph Bay and for clams
collected from nine approved or conditionally approved areas throughout the state.
This table shows that in general, the values compared favorably. The assessment
of pesticide levels in clams found that pesticide levels were below the detection limit
for all pesticides tested. All values are listed in parts per million per wet weight per
whole organism per composite sample.

TABLE 1

TRACE METAL LEVELS IN CLAMS IN ST. JOSEPH BAY
AND THROUGHOUT THE STATE

St. Joseph Bay (n=4) Florida (n=36)
Trace Mean Maximum Minimum Mean Maximum Minimum
Metal
AL 18.38 23.05 7.50 11.69 52.65 0.50
AS 7.93 9.00 6.49 4.59 9.49 1.04
CD 0.12 0.19 0.10 0.35 1.10 0.05
CR 0.47 0.53 0.37 0.30 1.28 0.06
CU 1.32 1.90 0.50 1.48 4.70 0.50
FE 27.42 37.80 17.00 38.63 86.30 15.00
HG 0.03 0.04 0.02 0.02 0.04 0.00
MN 2.93 5.20 1.65 7.06 26.10 0.80
NI 2.01 2.61 1.40 0.72 2.61 0.06
PB 0.56 1.33 0.05 0.67 6.50 0.05
SE 0.35 0.47 0.20 0.45 1.00 0.18
ZN 12.50 14.00 12.00 12.14 25.00 1.00

Source: Barnett and Gunter (1986)

Since 1972 the city of Port St. Joe has voluntarily monitored the 16 stations within
proximity of the discharge from their central wastewater treatment facility. About
97% of inflow from the city of Port St. Joe's wastewater treatment plant comes from
the St. Joe Forest Products Company. The effluent from the wastewater plant goes
into the Gulf County Canal, which drains directly into St. Joseph Bay. Stations are
located in the Gulf Intercoastal Waterway, the Gulf County Canal, and the near-
canal area of St. Joe Bay. In 1987, the DER incorporated this voluntary program
into the discharge permit for the city's facility. Overall, the results of the city's
monitoring program show no trend of water quality degradation. More specifically,
long-term average temperatures demonstrated no significant difference between
receiving water temperatures and those downstream of the WWTP outfall.

Discharge of freshwater effluent appears to have not affected ambient salinity levels.
BOD5 levels in St. Joe Bay were quite low and well within the range encountered
in estuarine waters. BOD5 loading has shown no measurable effect on dissolved
oxygen concentrations in the Gulf County Canal or in St. Joe Bay. No consistent
dissolved oxygen sag was evident at the first station below the outfall. Since the
WWTP effluent is highly colored and contains fine particulates which do not settle
out of suspension easily, visible turbidity plumes exist in the Gulf County Canal in
the immediate vicinity of the outfall. Localized impacts to water column productivity
might occur due to reduced light penetration, and benthic habitat smothering might
occur if rapid solids deposition occurs.

The U.S. EPA and the paper industry conducted a cooperative dioxin screening
study about the formation and distribution of 2,3,7,8-TCDD and 2,3,7,8-TCDF in
bleached kraft mills (NCASI, 1988). Although the initial screening study was based
on only five mills around the country, it showed that the bleach plant was the most
significant source of these compounds and that molecular chlorine use was a major
factor influencing their formation. As a follow-up, the paper industry voluntarily
entered into another study with EPA to measure the export of TCDD and TCDF
from all 104 mills in the United States that practice chlorine bleaching, including the
St. Joe Forest Products mill at Port St. Joe. TCDD levels in the pulp at the Port St.
Joe mill were. reported to be 2.2 parts per trillion and TCDF levels in the pulp were
reported to be 5.7 parts per trillion. TCDD and TCDF levels in the effluent from the
mill were reported to be 21 parts per quadrillion and 60 parts per quadrillion,
respectively (NCASI, 1990).

Prior to the EPA/Paper Industry Study (NCASI, 1990), the city of Port St. Joe had
conducted dioxin monitoring of its treatment plant outfall. In 1989, the city reported
that extensive testing of the wastewater treatment plant effluent samples was
conducted and that no dioxin was found.

On the following page is a table summarizing the dioxin and furan data collected
from the city of Port St. Joe.

Summary of Dioxin and Furan Data f or Effluent
Samples Collected from City of Part St. Joe
Industrial Wastewater Treatment Plant Outfall,
June 1988 through October 1989

Samoa Dinin Ru@
2 Wt 2-3.17.3.-TCDD 2.3.7.3-TCD Data Soum

inne (1.), im 21 PM 60 ppq EPA 1044MM Study Data an
of June 21 1989 M

AM 5-91 1999 ND a 3 ppq ND Q 8.9 ppq ALA 5-day Composite
-309- Sample. In Ronnd

Sept. 3-9, 1989 IND a 3.6 ppq ND 0 3.2 ppq ALA 5-day Campos"
*308- Semple, Z'ad Round (2)

Sept. 13.19, im ND Q 3.3 ppq ND 0 3-3 ppq ALA .14-hr. Composite
nspecial StUdya SaIpple

Sept. 13-20, IM ND Q 6.3 M 10 ppq ALA 3-day Composite
OSpecial. 9ndy' Sample

Sept. W.2,1999 IND Q 4.4 ppq IND a 3.6 ppq ALA 5-day Composite
-Special study- Sample

Oct. 3-41 1999 IND a 3.9 ppq ZND a 6.4 ppq ALA .14-hr. Composite
"Special study, Sample

OcL -LS, "0 NDQ 3S pM ND a 6.1 ppq ALA J-day Composite
09pecial Studya Semple

Oct. 3-71 IM ND Q 4.L pM ND Q 4.4 qpq ALA S-day Composite
'Special Study* Samoa

OCL 3-91 im ND Q 6.1 pM ND 0 5.7 p" ALA 7-day Composite
'Special Study' Sample

(1) EPA ramift were them Amerwas Papw InsdintaMPA coopei ad, study of diom in effbamm in 104 paW mills nationwide.
Resnift reported were for sample collected by EPA in jone 198L
(Z) Data not comaplady QAIQC cbecited by ENM

m partz per quadrillion; I'M - none detected
EPA U.& Ezv@iromzemaai Protectim Agency
ALA AAvnvz, Lehman & Associates. Iac- Gamm"Me. Florida
*3U" Sample - sample collected during EPA-mandated dioxin studies under Section 308 of Yedermi Clean Water Act
*Speciai Studina - sample collected by ALA in special studies initiated by SL Joe Forma Ps Company

Notr. 1) Laboratory ana0sis of ad samples were by Musca rucarporated. California Analytical Laborawry, West
SNWMRGND. California
21) Tam mabods for cb1ormamdAk- and f6ran analyze followed NCASI Tachmcai B-fletut 531. mile= odierwise
noted
3) QA/QC data for ALA samples na yet compiled

Compiled by- Alvares. Lah-an Jc Associates. Inc.. 1"0 (updated 1/V91)

The estuarine water column is an important transition zone in the geochemical cycle
because of increases in pH and ionic strength associated with the change from
freshwater to sea water. These increases change the solubility of substances, and
may also enhance the flocculation and precipitation of materials. Many substances
may be removed from the water column to the sediments when waters are mixed.
For example, toxic organics such as petroleum hydrocarbons (e.g., PCBs and
pesticides) have low solubilities, and accumulate in sediments shortly after being
introduced to estuarine waters. Therefore, estuarine sediments act as a sink for
some constituents, so that the pollution status of an estuary is reflected better in
the sediments than in the water column (Ryan et al., 1984; Schropp and Windom,
1988). The historic emphasis of environmental quality assessment has been
through water column sampling. In estuaries water quality data can provide an
understanding- of the impacts of individual pollution events, but are of little value in
understanding long-term trends, assessing ambient background conditions, or
assessing the degree of environmental stress. a I
Sediment grain-size is an important qualitative predictor of sediment chemistry
(Ryan et al., 1984). Fine-grained sediments usually contain elevated concentrations
of metals and hydrocarbons, while lower levels are observed in coarse-grained
sediments. Fine-grained sediments have greater concentrations because they are
more enriched in organic and clay materials, and because they have greater
surface areas which provide more binding sites.

Because of the naturally high abundance of aluminum (in a relative sense) and the
relatively small inputs of aluminum from human-sources, aluminum-to-metal ratios
can be used to determine if heavy metal levels in sediments are from natural or
human sources, (Schropp and Windom, 1988). In reviewing the aluminum-to-metal
ratios for sediment data collected by the Department of Environmental Regulation
in 1983 relative to the interpretation tables found in Schropp and Windom (1988),
only 1 of 10 stations in St. Joseph ship channel showed evidence of enriched metal
levels in bottom sediments. which could be attributed to human sources. This
station was in the Gulf County canal which is located outside the boundary of the
preserve. At this station sediments showed enrichment in copper, lead, and zinc.

CHAPTER V

SITE SPECIFIC MANAGEMENT ISSUES

In the preceding chapter, uses of the St. Joseph Bay Aquatic Preserve area and
impacts associated with these uses were reviewed. Impacts on marine resources
from adjacent land uses may result from either the direct use of the marine
resources through such structures as docks, piers, and marinas or through effects
from upland activities through means such as stormwater runoff and septic tank
drainage. In the first part of this chapter, site specific management issues which
relate to accomplishing the long-term goal of the Florida Aquatic Preserve Program
of setting aside the natural resources of designated bodies for the benefit of future
generations are reviewed. And, in the second part of the chapters policy g1jidelines
are established that will address these issues.

ISSUE 1: No Manager:

Although St. Joseph Bay has been designated an aquatic preserve since 1969, it
has never had a full-time manager. At the present time, management of the St.
Joseph Aquatic Preserve is accomplished by the manager of the Alligator Harbor
Aquatic Preserve, and for permit application reviews, by district staff in the
Pensacola branch office. As should be expected, this situation has resulted in only
limited implementation of the provisions of the program. As is noted in Chapter IX,
the management program for the St. Joseph Bay Aquatic Preserve discussed in
this plan cannot be effectively implemented without adequate funding, staffing, and
equipment. It is initially estimated that to effectively implement a management
.program in St. Joseph Bay one full-time employee dedicated solely to the St.
Joseph Bay Aquatic Preserve and a part-time OPS assistant are necessary. This
estimate does not include staff-time or expenses by Department of Natural
Resources (DNR) and other state agency employees involved intermittently in the
various tasks necessary to manage and conserve the natural resources of the
aquatic preserve (i.e., permitting, shellfish monitoring, enforcement of fishing rules,
etc.).

The provision of staff to the Aquatic Preserve Program is the responsibility of the
Florida Legislature. The Division of State Lands is pursuing additional positions to
staff aquatic preserves through annual appropriation requests to the Legislature.
Other possible means of getting a manager for the St. Joseph Bay Aquatic
Preserve include transferring a position from another aquatic preserve or hiring a
manager on a temporary basis until a career-service position is allocated by the
Legislature. In -the interim, the St. Joseph Aquatic Preserve will continue to be
managed on a part-time basis by the manager for the Alligator Harbor Aquatic
Preserve and field staff in the Pensacola District Office.

ISSUE 2: Control of Ugland Development Activities:

The regulation of upland development activities is the responsibility of local
government and the Department of Community Affairs (DCA), not the Bureau of
Submerged Lands and Preserves. Nevertheless, upland development activity has
'the potential to have a significant adverse impact on the natural resources of the
aquatic preserve.

The best avenue for the staff associated with the St. Joseph Bay Aquatic Preserve
to control upland development activities is to work closely with the local
government. The Local Government Comprehensive Plan (LGCP) for Gulf County
has already been prepared. It is not too late, however, for staff associated with the
Aquatic Preserve Program to be actively involved in the preparation of land
development regulations and local ordinances necessary to implement the goals,
objectives, and policies of the LGCP. Aquatic preserve staff could also, through a
formalized agreement, work cooperatively with the county on monitoring the
implementation of the policies of the LGCP which relate to protecting and
conserving the natural resources of St. Joseph Bay.

ISSUE 3: Private Submercled Holdinas:

Much of the mainland shore of St. Joseph Bay and part of the peninsula shore is
in private ownership and therefore, not within the boundaries of the St. Joseph Bay
Aquatic Preserve (see Figure 2, page 7). Although these areas are no less
important to the functioning of the aquatic ecosystem, they are subject to less
stringent criteria regarding the construction of docks and piers, marinas, dredge
and fill operations, and other uses of the submerged bottoms within the jurisdiction
of the Aquatic Preserve Program. Development activities on these submerged
bottoms also do not have to meet a public interest test.

The Bureau of Submerged Lands and Preserves has no juris-diction to include
these areas within the aquatic preserve boundaries. Through the Conservation and
Recreation Lands Program (CARL), the State of Florida is pursuing the acquisition
of a buffer around St. Joseph Bay. On the 1990 CARL list, this acquisition was
ranked 23rd on a statewide basis. Figure 8 shows the acquisition boundaries of
'the St. Joseph Bay buffer included in the CARL proposal. Considering current
funding levels for land acquisition programs, the current ranking of this proposal,
and the funding requirements for acquisition projects with a higher acquisition
priority, it is not likely that any acquisition through the CARL program will occur
before the fall of 1991.

Section 258.40(l), F.S., provides that arrangement can be made between the Board
of Trustees and the owner of a private submerged parcel for that parcel to be-

SOURCE: DNR, 1990

85030' 85'@O'

NAUTICAL MILES

0 2

PORT
T JOE

cm Buffer Boundary

CAPE SAN SLAS

FIGURE 8. Proposed St. Joseph Bay Buffer Aquisition Through
The CARL Program

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included within the boundaries of an aquatic preserve. Section 18-20.008(3),
F.A.C., further provides that the appropriate instrument to include a private parcel
in an aquatic preserve shall be either a dedication in perpetuity or a lease. It further
provides that a lease shall contain the following conditions:

1. The term of the lease shall be for a minimum of ten years;

2. The Board of Trustees shall have the power and duty to enforce the
provisions of each lease agreement, shall additionally have the power to
terminate any lease if the termination is in the best interest of the aquatic
preserve system, and shall have the power to include such lands in any
agreement for management of such lands; and

3. The Board of Trustees shall pay no more than $1 per year for any such
lease.

ISSUE 4: Cuttina of Submeraed Aquatic Vegetation by Power Boats:

There are some lingering questions in regard to the impacts of commercial and
recreational scallop harvesting on seagrass beds in St. Joseph Bay. As the
bottoms are dragged to catch scallops, seagrasses are cut or uprooted. Similarly,
extensive operation of motors in shallow areas can lead to significant cuffing of
seagrasses. Anecdotal evidence suggest the recovery of seagrasses is slow.
Turtle grass beds are especially affected since this species does not spread its
rhizome mat very rapidly. Propeller cuts can be persistent features, lasting three
or more years. This problem is not restricted to St. Joseph Bay and has been
addressed as a concern in many parts of the state.

Potential means of dealing with this issue include restricting the use of power boats
in certain parts of the bay and/or restricting portions of the bay from dragging.
Prior to addressing the issue, however, it is essential that better documentation be
established regarding the extent and significance of damage to submerged
vegetation.

ISSUE 5: Do Present Water and Sediment Quality Monitoring Efforts Adequately
Portray the Status of Water Qualfty in the B@)L.

Current DER water quality and sediment monitoring stations are located in the
vicinity of the St. Joseph ship channel and the city of Port St. Joe. Consequently,
these stations do not monitor water quality in the productive southern end of the
bay. The DNR's Shellfish Environmental Assessment Section does test fecal
coliform levels and basic water quality parameters over the entire bay.
Nevertheless, not all of the potential pollutants in-the bay are monitored. Sediments

are assessed on a regular basis only in close proximity to the port and its
navigation channel.

ISSUE 6: Close Coordination Between the Coun!y and the Aquatic Preserve
Proaram:

The best way to effectively integrate the authorities and jurisdictions regarding
submerged land vested in the Aquatic Preserve Program and the authorities and
jurisdictions regarding upland land use vested in local government is to have the
two entities work closely together. Furthermore, several policies in the preserve's
Management Action Plan (Chapter VII) promote preserve staff working closely with
local government. Likewise, policies in Gulf County's Local Government
Comprehensive Plan promote coordination between the Aquatic Preserve Program
and county government.

A good means to assure close coordination between aquatic preserve staff and
local government is to include in the preserve manager's job description a
requirement that the manager -closely coordinate with local government and attend
both planning and zoning and county commission meetings whenever there is an
appropriate issue on the agenda. And, when a manager is hired, county
government should make efforts to involve the staff person in appropriate issues.

ISSUE 7: Dying off of marsh grass:

In the early part of 1990, residents and users of St. Joseph Bay began noticing that
the marsh grass surrounding the bay was dying off. Initial comparisons of historical
acreage in Spartina to current acreage suggests significant loss of habitat. Metals
and pesticide analyses of sediments and water comparing affected and not affected
areas have not suggested any trends. Analyses of. sulfide and alcohol
dehydrogenase data indicate the potential presence of another environmental
stress: either natural or anthropogenic (Leslie, 1991).

Because of the importance of the marshes to the ecological productivity of the bay,
the Department of Natural Resources has initiated an effort to discover the reason
for this die-off. Included in this effort are 1) an analysis of aerial photos to
determine historical changes in salt marsh acreage in the bay; 2) ground surveys
of existing salt marshes both within and in proximity to St. Joe Bay; 3) an analysis
of affected marshes for fungal pathogens; 4) an analysis of associated faunal die-
offs; 5) toxicity testing of sediments; 6) transplant experiments to determine the
relative influence of elevation, 'sediment quality, and water quality on Spartina
growth and survival; and 7) lead-210 analyses of sedimentation rates. At this time,
none of these tasks have been completed (Carlson, 1991).

MANAGEMENT INITIATIVES

The following is a list of management initiatives to address resource management
issues applicable to the St. Joseph Bay Aquatic Preserve. Adoption of these
initiatives will provide specific direction on addressing issues not covered directly
by statute or rule.

1. Encourage acquisition of privately owned submerged bottoms within St.
Joseph Bay and an upland buffer strip adjacent to the bay.

2. Seek full-time staffing of the preserve as outlined in Chapter IX of this plan.

3. In coordination with the local community, review, update, and revise as-
appropriate, the tasks and programs in the management plan at a minimum
of once every 2 years.

4. Develop a resource inventory and map natural habitat types within the
aquatic preserve.

5. Research and monitor to document the extent and significance of damage
of seagrasses by props and dragging for scallops.

6. RegVlarly monitor the health and areal coverage of seagrass beds and
marsh grass areas.

7. Protect, and where possible, enhance the habitats of species threatened,
endangered, or of special concern within the aquatic preserve.

8. Give a high priority toward the research and monitor erosion and its
causative factors, with a special emphasis being placed on the critically
eroding segment at Stump Hole.

9. Coordinate with federal, state, and local government in implementing the
aquatic preserve management plan, especially in the areas of protection of
natural and cultural resources, and in the enforcement of applicable resource
laws and ordinances.

10. Develop a cooperative working relationship with adjacent landowners to
develop and implement management criteria conducive to the long-term
protection of both upland and submerged habitats.

11. Require in the job description for the manager of the St. Joseph Bay Aquatic
Preserve that the manager closely coordinate with local government and
attend working relationship with county government and attend both

planning and zoning and county commission meetings whenever there is an
appropriate issue on the agenda.

12. Require that the manager closely coordinate with county and city
government on the preparation, adoption, and enforcement of land
development regulations which will protect the natural resources of the
aquatic preserve.

13. Upon staffing, the Preserve shall provide an annual report to the Board of
County Commissioners of Gulf County and to the city of Port St. Joe which
assesses the status of environmental health in the St. Joseph Bay aquatic
preserve.

14. Encourage the placement of docks and piers in locations that transverse the
least amount of salt marsh and seagrass beds.

15. Encourage property owner associations to incorporate the communal use
of an individual private residential single dock or a private residential multi-
slip dock, within their community, as opposed to the building of numerous
personal docks.

16. In coordination with local interests and with the scientific community,
establish a prioritized list of research and monitoring needs for the aquatic
preserve. This list should be updated at a minimum of every 2 years.

17. Obtain and serve as a repository for all past monitoring dam, scientific
literature, government reports, historical accounts, and available maps and
photos relevant to the aquatic preserve. A copy of all material should be
provided to the Gulf County library.

18. Assure that information from historical and ongoing research and monitoring
activities in the aquatic preserve are considered in resource management
and use decisions.

19. Provide assistance to en* vironmentally oriented education programs at public
and private schools at all grade levels from kindergarten through university
classes and to the community at large.

CHAPTER VI

MANAGEMENT AREAS

INTRODUCTION

This chapter divides the aquatic preserve into separate management areas where
general or special rule criteria and allowable uses are defined for each area. The
management areas are classified and delineated based on the types and locations
of existing and planned uses of the adjacent uplands, as well as on the types,
occurrence and characteristics of the natural and historical resources on the
submerged lands. The various management areas delineated may be classified
similarly or differently as these factors vary within the preserve.

The intent of this chapter is three-fold: 1) to provide a better understanding of
general and special rule criteria designed to preserve and protect resources and
habitat; 2) to identify the types of allowable uses on state-owned submerged lands
within the aquatic preserve; and, 3) to provide local planners with a guide for land-
use decisions. In summary, the intent of this chapter is both to afford both habitat
protection and to clearly delineate allowable public and private uses in the aquatic
preserve.

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

There are a number of differences between the rules governing uses of state-
owned submerged lands within an aquatic preserve relative to those not within an
aquatic preserve. The principle difference is that submerged lands within an
aquatic preserve must be managed with the intent of protecting them for future
9 enerations. Consequently, any proposed use must be shown to be in the public
interest before it can be authorized and an applicant must demonstrate that no
other alternative exists which would allow the proposed activity to be constructed
or undertaken outside the boundaries of the aquatic preserve.

MANAGEMENT AREA CLASSIFICATIONS

A key component of the management program for an aquatic preserve is the
division of the preserve into management areas. The classification of management
areas in an aquatic preserve is based upon both resource value of submerged
lands within the preserve, and the existing and anticipated future land use on the
adjacent uplands as designated in the Local Government Comprehensive Plan. As
in the delineation of upland land uses through zoning, the intention of delineating
a preserve into management areas is to guide development activities on the state-
owned submerged lands to areas where it is more appropriate, and to provide
standards with which proposed uses and activities must comply. The intent of
these management area classifications is to make potential development activities
compatible with resource protection goals.

Designated land uses 'are incorporated into the classification of management areas
because use of the adjacent uplands has a direct bearing on the intensity of
demand for uses of state-owned submerged bottoms. The Aquatic Preserve
Program has no jurisdiction over the designated use of the adjacent uplands. The
incorporation of the designated land use into the management area classification
is primarily an acknowledgement of how local government has chosen to have a
certain area developed; however, this upland designation also serves as a tool in
designating compatible uses of the submerged lands in accordance with upland
uses. Specific land use categories to be incorporated in the classification of
management areas include:

Agriculture (AG): This category represents by state-owned submerged
lands adjacent to land designated on an approved future land use map for
a county and/or municipality as agriculture. It is intended to accommodate
private areas with sparse populations used primarily for- agricultural and/or
forestry purposes.

Single-Family (SF): This category represents state-owned submerged
lands adjacent to land designated on an approved future land use map for
a county and/or municipality as single-family residential. It includes areas
using the adjacent portion of the aquatic preserve solely for private activities.
For purposes of the St. Joseph Say Aquatic Preserve the shoreline areas on
Cape San Blas and the peninsula and Black's Island which are classified as
mixed commercial/ residential are included under this category.

Multi-Family (MF): This category represents state-owned submerged lands
adjacent to land designated on an approved future land use map for a
county and/or municipality as multi-family residential. It is intended to
include areas where more than one private residence is using the adjacent
portion of the aquatic preserve solely for private activities. The associated
residences include townhouses, trailer parks, condominiums, apartments,

and any other group of multi-family dwellings. They may also include a
group of single-family property owners, as in the case of a homeowners
association, that desires to construct any of the above-mentioned structures
for the mutual benefit of the group.

Commercial-industrial (Oh This category represents state-owned
submerged lands adjacent to land designated on an approved future land
use map for a county and/or municipality as commercial or industrial. The
category is also intended to incorporate uses associated with structures that
charge fees or generate revenue. Examples of commercial uses includes
marinas that charge fees; yacht clubs that charge membership fees; private
businesses such as fish houses; and, establishments such as restaurants.

Public Recreation (PR): This category represents state-owned submerged
lands adjacent to land designated on an approved future land use map of
a county and/or municipality as public usage or preservation and which is
utilized for the purposes of public recreation. It is intended to include both
areas where structures used by the general public at no charge and federal,
state, county, or municipal parks that charge a nominal fee. Military
structures, while not always open to the public, are considered in this
category since the military serves the public. Therefore, the land on Cape
San Bias owned by Eglin Air Force Base and the U.S. Coast Guard are
included under this category.

Preservation _(Rj@ This category represents state-owned submerged lands
adjacent to land designated on an approved future land use map of a county
and/or municipality as preservation or conservation. Upland ownership can
be either public or private.

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

Classifications of management areas are also derived from the resource value of
the state-owned submerged lands adjacent to the upland property. Each of the
land use classifications noted above is assigned a second code letter to define the
resource value of its submerged bottoms. The methodology used for determining
resource value shall be consistent with the latest procedure approved by the
Bureau of Submerged Lands and Preserves. An area within the preserve is
designated as a primary resource protection area (PRPA), then will be assigned
a resource value of "11". A PRPA essentially combines Resource Protection Areas
1 and 2, as defined in Section 18-20.003 (31), and 18-20.003'(32), F.A.C.

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

As stated previously, resource values are to be incorporated into the classification
of management areas. For example, if an area within the preserve is determined
to have be a primary resource protection area, and if its adjacent land is zoned as
a single-family residential neighborhood, it would be classified as SF/1
management area.

Minimum criteria has been outlined for a number of uses and activities that can
occur in the aquatic preserve. The minimum criteria provided in Chapter 18-20,
F.A.C., applies to the uses and activities allowed for each management area.

In the next section of this chapter, the minimum criteria in Chapter 18-20, F.A.C.,
is provided. Then in the following section, the management areas are delineated
providing boundaries, descriptions, and designated uses for each area. Any
specific criteria for special management areas and a rationale for these criteria are
also provided. Finally, Figure 9 provides a map of the management areas within
the St. Joseph Bay Aquatic Preserve. The intention of providing this map is to give
a general guidance and understanding of where management areas lie within the
aquatic preserve. However, specific determination of what management
classification provided to a specific site will be based on the definitions above. In
the event that a site visit concludes that the management area for a specific site is
different from that shown on the illustrations in Figure 9, the determination made
during the site visit will be judged as the correct determination.

MINIMUM CRITERIA FOR ALLOWABLE USES

Chapter 18-20, F.A.C. (Appendix A), provides the minimum standards in regard to
utilization of the state-owned submerged lands within an aquatic preserve. These
minimum standards are reviewed below by designated use.

Private residential single docks:

Section 18-20.004(5)(a), F.A.C., provides that all docks within an aquatic preserve
shall meet the following standards and criteria.

1. No dock shall extend the lesser of 500 feet waterward of the mean or
ordinary high water line or 20% of the'width of the water body at that
particular location.

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

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

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

in addition, Section 18-20.004(5)(b), F.A.C., provides that private residential single
docks shall conform to the following specific design standards and criteria:

1. An access"dock must have a maximum width of 4 feet.

2. Must be designed and constructed to ensure maximum light penetration.

3. May extend from the shoreline to a maximum depth of -4 feet mean low
water (MLW).

4. When the water depth is -4 feet MLW at an existing bulkhead, the
maximum dock length from the bulkhead shall be 25 feet, subj6ct to
modifications accommodating shoreline vegetation overhang.

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

6. The maximum size of the -terminal platform shall be 160 square feet.

7. New dredging is strongly discouraged.

Private residential multi-slip docks,

In addition to meeting the standards for all docking facilities noted above, Section
18-20.004(5)(c), F.A.C., provides that private residential multi-slip docks shall
conform to the following specific design standards and criteria:

1. The area of sovereignty submerged land preempted by the docking
facility shall not'exceed the square footage amounting to ten times the
riparian waterfront footage of the affected water body of the applicant, or the
square footage attendant to providing a single dock in accordance with the
criteria for private residential single docks, whichever is greater. A

conservation easement or other such restriction acceptable to the Board
must be placed on the riparian shoreline, used for the calculation of the 10: 1
threshold, to conserve ' and protect shoreline resources and
subordinate/waive any further riparian rights of ingress and egress for
additional docking facilities.

2. Docking facilities and access channels shall be prohibited in Resource
Protection Areas 1 and 2, except as allowed pursuant to Sections 258.42
(3)(e)(1), F.S., while dredging in Resource Protection Areas 3 shall be
strongly discouraged.

3. Water depths adjacent to and within the facility shall have a minimum of
one foot of clearance between the deepest draft of a vessel and the bottom
at MLW.

4. Main access docks and connecting or cross walks shall not exceed 6
feet in width.

5. Terminal platforms shall not exceed 8 feet in width.

6. Finger piers shall not exceed 3 feet in width and 25 feet in length.

7. Pilings may be utilized as required to provide' adequate mooring
capabilities.

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

Commercial-Industrial docking facilities and marinas:

Section 18-20.004(5)(d), F.A.C., provides that commercial, industrial, and other
revenue generating/income related docking shall conform to the following specific
design criteria and standards:

1. Docking facilities shall only be located in or near areas with good
circulation, flushing, and adequate water depths.

2. Docking facilities shall not be located in Resource Protection Area 1;
however, main access docks may be allowed to pass through Resource
Protection Area 1 that are located along the shoreline, to reach an
acceptable Resource Protection Area 2, provided that such crossing will
generate minimal environmental impact.

3. The siting of docking facilities shall take into account the access of the
boat traffic to avoid marine grassbeds or other aquatic resources in the
surrounding area.

4. The siting of new facilities within the aquatic preserve shall be secondary
to the expansions of existing facilities when such expansion is consistent
with other standards.

5. The location of new facilities and expansion of existing facilities shall
consider the use of upland dry storage as alternative to multiple wet slip
docking.

6. Marina siting will be coordinated with local governments to insure
consistency with local plans and ordinances.

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

Piers:

No specific standards are addressed in the current Rule 18-20, F.A.C., to regulate
construction of piers; therefore these guidelines will be followed. Follow standards
of private residential single docks or private residential multi-slip docks in
accordance with the appropriate dock requirement for each management area's
designated uses. In-addition, the following applies to all piers:

(a) no temporary or permanent vessel mooring shall be permitted; at
least one well displayed "no docking" sign shall be placed and
maintained on each side of the pier; and, railings shall be placed
around the entire perimeter of the pier; and,

(b) dredging is strictly prohibited when associated with pier construction
or maintenance.

Ramps:

No specific standards are addressed in the current Rule 18-20, F.A.C., to regulate
construction of boat ramps; therefore these guidelines will be followed. May be
permitted on a case-by-case basis, after site inspection to assess the type and
amount of shoreline and amount and type of benthic habitat that would be
impacted; the amount of filling of submerged lands that would be required; and the
accessibility to the ramp from both the water and land.

Lease or transfer of lands, (Private Leases):

Section 18-20.004(l)(b), F.A.C., provides that there shall be no further lease or
transfer of sovereignty lands within an aquatic preserve unless such transaction is
in the public interest. Section 18-20.004(2), F.A.C., specifically defines the public
interest test (see Appendix A for a copy of Chapter 18-20, F.A.C.). Section 18-
20.004(l)(e), F.A.C., states that lease, easement, or consent may be authorized for
only the following activities: a public navigation project; maintenance of an existing
navigation channel; installation or maintenance of navigation aids; creation or
maintenance of a commercial/ industrial dock, pier, or marina; creation or
maintenance of private docks; minimum dredging of navigation channels attendant
to docking facilities; creation or maintenance of shore protection structures;
installation or maintenance of oil and gas transportation facilities; creation,
maintenance, replacement, or expansion of facilities required for the provision of
public utilities; and, other activities which are a public necessity or which are
necessary to enhance the quality or utility of the preserve and which are consistent
with the Florida Aquatic Preserves Act (Section 258.35, F.S. through Section 258.46,
F.S.). Section 18-20.004(1)(f), F.A.C. provides that structures to be built in, on, or
over sovereignty lands are limited to those necessary to conduct water dependent
activities.

Utility Easements:.

Section 18-20.004(3)(c), F.A.C., provides that utility cables, pipes, and other such
structures shall be constructed and located in a manner that will cause minimal
disturbance to submerged land resources such as oyster bars and submerged
grassbeds and do not interfere with traditional uses. In St. Joseph Bay Aquatic
Preserve, utilities will be encouraged along existing utility easements, to the extent
possible.

Spoil Disposal:

Section 18-20.004(3)(d), F.A.C., provides that spoil disposal within an aquatic
preserve shall be strongly discouraged and may be approved only where the
applicant has demonstrated that there is no other reasonable alternative and that
the spoiling activity may be beneficial to, or at a minimum, not harmful to the quality
and utility of the preserve.

OCLC: 26478819 Rec stat: n
Entered: 19920825 Replaced: 19950607 Used: 19921223
$ Type: a Bib lvl: m Source: d Lang: eng
Repr: Enc lvl: I Conf pub: 0 Ctry: flu
Indx: 0 Mod rec: Govt pub: s Cont: b
Desc: a Int lvl: Festschr: 0 Illus: b
F\B: 0 Dat tp: s Dates: 1992, %
$ 1 040 FBA 'c FBA %
$ 2 043 n-us-fl %
$ 3 092 574.9759 '2 20 %
$ 4 090 'b %
$ 5 049 NOAM %
$ 6 245 00 St. Joseph Bay aquatic preserve management plan : 'b adopted
January 22, 1992 \ 'c prepared by the Bureau of Submerged Lands and Preserves,
Division of State Lands. %
$ 7 260 [Tallahassee] : 'b Dept. of Natural Resources, 'c [1992]. %
$ 8 300 116 p. : 'b maps ; 'c 28 cm. %
$ 9 504 Includes bibliographical references (p. 101-105). %
$ 10 651 0 Saint Joseph Bay (Fla.) %
$ 11 650 0 Bays 'z Floridia. %
$ 12 650 0 Aquatic resources 'z Floridia 'z Saint Joseph Bay. %
$ 13 650 0 Marine parks and preserves 'z Floridia 'z Saint Joseph Bay 'x
Management. %
$ 14 710 1 Floridia 'b Bureau of Submerged Lands and Preserves. %
$ 15 710 01 Saint Joseph Bay aquatic preserve management plan. %

MANAGEMENT AREAS

This section defines the management areas for the St. Joseph Bay Aquatic
Preserve (Figure 9). Boundaries, descriptions, and allowable uses are listed for
each area. In reviewing these management areas it must be recognized that the
Bureau of Submerged Lands and Preserves has authority only over submerged
lands not otherwise deeded. Due to changes that will occur from rezoning of
adjacent uplands, and conditions on submerged lands, the final decision on
approving, modifying, or denying uses of the submerged lands within the preserve
will be made based on field surveys and assessments of project sites.

In addition to what is listed as allowable uses, certain activities are generally
allowable in all management areas, in accordance with general rules. These
include shoreline stabilization, maintenance dredging, and the maintenance of
channel markers.

The determination of management area classifications have been based on
information presented earlier. In the event that a -site visit concludes that the
management area for specific site is different from that shown in Figure 9, the
determination made during the site visit will be judged as the correct determination.

MANAGEMENT AREA AGL1

(agricu Itu re/ primary resource protection area)

Bound*aries: The southwest corner of the bay.

Description: The submerged lands adjacent to the southwest corner of the bay are
characterized by salt marshes grading into dense seagrass beds. The parcel on
the adjacent uplands is owned by a single-owner, is included in a proposed CARL
acquisition, and is currently in a natural, undeveloped state. The submerged area
adjacent to the mainland shore is characterized by a strip of salt marsh grading into
patchy beds of seagrasses. The submerged lands adjacent to the mainland shore
area are in private ownership and therefore not within the aquatic preserve
boundaries. This upland parcel adjacent to this area is presently in single
ownership, undeveloped, and -used for forestry. It is also included in a proposed
CARL acquisition.

Allowable Uses: Private residential single docks; piers; utility easements (in
designated corridors).

MANAGEMENT AREA ffLI

(single-family/primary resource protection area)

Boundaries: The entire southern portion of the bay which is not designated either
preservation, recreation, or agriculture. Black's Island is included under this
classification.

Description: The submerged lands adjacent to this area are typified by a band of
salt marsh which grades into seagrass beds. The salt marsh is widest in the
southern and south-eastern portions of the bay, extending into the bay several
hundreds of feet in some locations. Seagrass coverage varies from sparse along
the central portion of the eastern shore, to dense in some areas in the southern
and western portion of the bay. The submerged bottoms along the eastern portion
of the bay and one site on the western portion are in private ownership and
therefore not included within the aquatic preserve boundaries. The adjacent
uplands are divided into multiple ownerships, some of which contain single-family
homes, some of which are actively being- developed, and some of which are in an
undeveloped state. The upland parcels along the eastern portion of the bay are
included in the proposed CARLacquisition. The submerged bottoms off of Black's
Island are characterized by salt marsh and dense seagrass beds on the eastern
side and sand bottoms with patchy seagrasses on the western side. The island is
utilized as a camp facility.

Allowable Uses: Private residential single docks; piers; utility easements (in
designated corridors).

MANAGEMENT AREA ffL2

(sing le-fam i ly/secondary resource. protection area)

Boundaries: Portions of the Gulf shore of the peninsula.

Description: The submerged bottoms along the gulf shore are typical of the sandy
beaches along this portion of the gulf shore consisting of fine quartz grains of
medium diameter; The adjacent uplands are used primarily for single family
second-homes or duplexes and other multi-family units which are used both by the
owners and for rental purposes.

Allowable Uses: Private residential single docks; piers; utility easements.

MANAGEMENT AREA MFL2

(multi-family/secondary resource protection area)

Boundaries: Gulf shore adjacent to the state park.

Description: This area encompasses the Barrier Dunes subdivision. The
submerged bottoms along the shore are typical of the sandy beaches along this
portion of the gulf shore consisting of fine quartz grains of medium diameter.

Allowable Uses: Private residential multi-slip docks; piers; utility easements.

MANAGEMENT AREA PR11

(public recreation/primary resource protection area)

Boundaries: The peninsula shore of St. Joseph Bay south of Eagle harbor, and the
bay shore of the William J. Rish Park facility.

Description: The submerged lands adjacent to these areas are typified by a band
of salt marsh which grades into seagrass beds. The salt marsh in the'vicinity of
Eagle Harbor is patchy, along W.J. Rish park is a narrow band, and' in the
southeast corner of the bay is much broader. Seagrass coverage is dense along
most of this area. The W.J. Rish park has facilities developed, for use by physically
and/or emotionally handicapped people.

Allowable Uses: Public docks (constructed or repaired in a manner to minimize
impact on submerged lands resources);- ramps; utility easements Jin designated
corridors).

MANAGEMENT AREA PR12

(public recreation /secondary resource protection area)

Boundaries: The gulf shore of the William J. Rish park facility and the gulf shore
of Air Force and Coast Guard property near Cape San Bias.

Description: The submerged bottoms along the shore are typical of the sandy
beaches along this portion of the gulf shore consisting of fine quartz grains of
medium diameter. The adjacent uplands at the W.J. Rish park contain housing
facilities for physically and/or emotionally disturbed people. The gulf shore of the

Air Force and Coast Guard facility is currently undeveloped, but is proposed to be
developed into a spaceport.

Allowable Uses: Public docks (constructed or repaired in a manner to minimize
impact on submerged lands resources); ramps; utility easements.

MANAGEMENT AREA P11

(preservation/primary resource protection area)

Boundaries: The northern end of the St. Joseph peninsula to Eagle Harbor and
Pig Island.

Descr iption: This area is characterized by a narrow band of salt marsh and patchy
to dense stands of seagrasses. The adjacent uplands is left in a natural state.

Allowable Uses: A single two-slip dock built in accordance with standards and
criteria for private residential single docks.

MANAGEMENT AREA PL2

(preservation/secondary resource protection area)

Boundaries: The Gulf of Mexico shore of the St. Joseph peninsula to the area
south of Eagle Harbor.

Allowable Uses: A single two-slip dock built in accordance with standards and
criteria for private residential single docks; piers; utility easements.

MANAGEMENT AREA OW11

(open water/primary resource protection area)

Boundaries: Areas in the southern portion of the bay.

Description: The submerged bottoms in this open water areas are characterized
as being covered in seagrass beds ranging from dense to patchy.

Allowable Uses: utility easements (in designated corridors).

MANAGEMENT AREA QW12

(open water/secondary resource protection area)

Boundaries: Open-water areas in the central and northern portions of the Bay and
on the Gulf of Mexico coast.

Description: The submerged bottom in this open water area is characterized by
its lack of coverage by seagrasses. Figure 4 (page 15) shows the bottom sediment
types in open water areas within the aquatic preserve.

Allowable Uses: Private leases; utility easements; spoil disposal.

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SOURCE: DNR, 1990

8501 30'

NAUTICAL MILES

1 0 1 2

OW2

"PORT
T. JOE

Pi. OW2

OW2
OW open Water
SH
SF Single Family

MF Multi-FamlIV
0- IBLACKS ISLA
PR Public Recreation
SF1
P Preservation
Pi
Ag Agriculture
OW2
1 Primary protection
area SF
SF
2 Secondary protection
area
Excluded area CAPE SAN BLAS

Submerged & Emergent
Vegetation

FIGURE 9. Management Areas

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CHAPTER VII

MANAGEMENT ACTION PLAN

The objective of this chapter is to establish guidelines which allow for the
management and protection of the St. Joseph Bay Aquatic Preserve's natural
resources for the benefit of future generations (Section 258.35, F.S.). Many of the
authorities needed to manage and protect natural resources in an aquatic preserve
are vested to entities outside the Bureau of Submerged Lands and Preserves.
Therefore, coordination is a key component of the implementation program for
managing aquatic preserves. For instance, the regulation of land use practices on
adjacent uplands is critical to the long-term protection of the aquatic resources of
the preserve and no authority is vested in the program to manage growth. Instead,
this authority is centered in county and city government and is guided by Gulf
County's and the city of Port St. Joe's Local Government Comprehensive Plans.

It would improve the chances of the management goals and concepts of this
management plan being attained if they are consistent with the local plan. Policy
1.2.1 of the Coastal Management Element of the draft Gulf County Comprehensive
Plan states that development on St. Joseph spit, Cape San Blas, and in the Coastal
High Hazard Area south of Port St. Joe shall be consistent with the policies of the
currently adopted St. Joseph Bay Aquatic Preserve management plan. As noted
earlier, the jurisdiction of the Aquatic Preserve Program does not extend into
uplands in the Coastal High Hazard Area.

To effectively manage a natural resource, one must be knowledgeable about how
the resource functions and what composes the re source, be able to transmit this
knowledge to people who use and/or can potentially affect the resource, and be
willing to take necessary actions to manage and protect the resource. Therefore,
the management strategies for an aquatic preserve must consist of a variety of
programs including direct hands-on management of resources, resource protection,
environmental education, and research. The emphasis of the Aquatic Preserve
Program in resource management is to conduct management activities and to
coordinate the network of federal, state, regional, and local agencies with the
authority to manage and protect natural resources. Through both of these
strategies a cohesive management program that leads to the long-term
conservation of the natural system may be attained.

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

RESOURCE MANAGEMENT PROGRAM.

The role of the Aquatic Preserve Program in resource management includes: 1)
serving as an informed source on the ecological components and cultural
resources within the aquatic preserve; (2) overseeing those activities that affect the
natural resources within the aquatic preserve; 3) ensuring that accurate information
is used in resource-related permitting, management, and planning decisions; 4)
ensuring that all laws and rules regarding the natural resources are obeyed and
that violations are enforced by the appropriate authorities; 5) conducting on-site
surveys for specific activities; 6) coordinating with other resource management and
enforcement agencies; 7) coordinating with other educational programs to inform
the public on the inherent values associated with natural resources; 8) conducting
or cooperating with other entities to conduct pertinent research projects; and 9)
developing, and periodically updating, a comprehensive management program. In
conducting resource management activities, the focus of preserve staff should be
on both the impacts of an individual action as well as the cumulative impacts of all
changes and actions on the natural system.

Specific activities conducted by aquatic preserve staff in regard to resource
management will include collecting and storing resource data and inventories;
mapping the natural resources; monitoring of natural resources; identifying resource
restoration needs and implementing a resource restoration program; and providing
technical input and comments into environmental permitting and land-use planning
decisions.

In regard to data collection and inventories the predominant role of the aquatic
preserves program will be to organize. and review data collected by other state and
federal environmental agencies, other programs within DNR, universities, and other
research entities. To the fullest extent possible, information will be stored in
computers in a format defined. by the central office and at a location accessible by
the residents of Gulf County. Staff will conduct an assessment of ongoing
monitoring activities to assess its adequacy in monitoring the environmental climate
of the preserve. Whenever possible, staff will conduct additional monitoring
activities to augment existing monitoring programs conducted by other agencies.

Resource Management Goal:

To conduct those resource management actions necessary to conserve or enhance
the natural resource oriented values of the preserve for future generations.

Resource Manaciement Ob'ective 1:

Initiate implementation of a broad-b ased management program at the St. Joseph
Bay Aquatic Preserve which focuses on the management and protection of natural
resources, environmental education, and research.

Task 1-1:
Obtain the necessary staff and funds to implement all of the tasks listed in
this resource management master plan.

Task 1-2:
Review, update, and revise as appropriate the tasks and programs in the
management plan at a minimum of once every 2 years.

Resource Manaciement Obiective 2:

Establish and maintain close communication and coordination with all federal, state,
regional, and local governmental agencies which have authority in natural resource
Management decisions that can affect the St. Joseph Bay Aquatic Preserve.

Task 2-1:
Assure that all state, federal, regional, and local government agencies which
have authority in resource management decisions in the aquatic preserve
are aware of the goals of the Aquatic Preserve Program, its authorities, and
what actions are considered acceptable and not acceptable within or in
close proximity to the aquatic preserve.

Task 2-2:
To understand the authorities of the various federal, state, regional, and local
agencies in regard to resource management and determine which staff
people in these agencies are responsible for activities within or in close
proximity to the aquatic preserve.

Task 2-3:
Serve as a regular liaison for agencies with resource management authority
and report any problems to specific agencies with jurisdiction to deal with
the problem.

Task 2-4:
Coordinate closely with the Florida Department of State, Division of Historical
Resources on all issues relating to historical and archaeological resources
within the aquatic preserve.

Task 2-5
Develop a Memorandum of Understanding with all government entities
having jurisdictional authority in natural resource management decisions
which can affect the St. Joseph Bay Aquatic Preserve.

Resource Management Objective 3:

Be actively involved in all resource management decisions which can potentially
affect the natural resources of St. Joseph Bay Aquatic Preserve.

Task 3-1:
Review and provide comments for all permits relating to construction
activities on sovereign submerged lands within the aquatic preserve.

Task 3-2:
Review and provide comments on all upland land-use actions including
comprehensive plans, county or municipal ordinances, or specific
development proposals which have the potential to impact the natural
resources of the aquatic preserve.

Task 3-3:
Provide technical comments on any administrative rules developed by state
resource management agencies or the Marine Fisheries Commission
regarding the protection and management of the natural resources of the
aquatic preserve.

Task 3-4:
Review and provide comments on all permit applications that could
potentially impact the natural resources of the aquatic preserve such as but
not limited to the maintenance dredging of an existing navigation channel,
modification of this channel, or the creation of new channels.

Resource Management Objective 4:

Provide increased management and protection emphasis to areas within the St.
Joseph Bay Aquatic Preserve which either are integral to maintaining the
productivity of the aquatic preserve, contain outstanding resource values, are in
need of restoration or special management programs, or are important habitat to
state and federally designated species.

Task 4-1:
Delineate any areas within the aquatic preserve where increased
management emphasis is necessary, and develop specific program to
add ress the needed additional emphasis.

Resource Manaaement Obiective 5:

To regularly monitor and inventory the natural and historical resources within the
St. Joseph Bay Aquatic Preserve.

Task 5-1:
Prepare and regularly update a map of natural habitats within and adjacent
to the aquatic preserve.

Task 5-2:
Identify and regularly monitor designated species and their associated
habitats within or in close proximity to the aquatic preserve.

Task 5-3:
Evaluate water quality monitoring data whigh is collected by state and federal
resource management agencies and through other research and monitoring
efforts.

Task 5-4:
To monitor traditional uses of the aquatic preserve including commercial and
recreational fishing,. boating, and beach going to define extent of use and
foresee any potential problems.

Task 5-5:
Annually prepare a report describing the state of the environment of the
aquatic preserve. This report should discuss the findings of the resource
monitoring program; most recent water quality data and any trends in water
quality; any changes in resource community boundaries; status of
designated species within the aquatic preserve; permit applications within the
preserve; land development trends on adjacent uplands; and any
enforcement actions necessary.

Resource Manaciement Ob*ective 6:

To focus on the impacts of resource utilization at the St. Joseph Bay Aquatic
Preserve from a cumulative perspective as well as from the impacts of an individual
action.

Task 6-1:
To utilize tools such as the local comprehensive plan to foresee future uses
of the aquatic preserve.

Task 6-2:
To encourage the development of predictive tools to assess cumulative
impacts of various development scenarios.

Task 6-3:
To consider the use of mitigative or restoration actions in association with
any development activity that will degrade the natural resources of the
aquatic preserve.

Resource Managementbb8ective 7:

To implement those on-site management actions determined as necessary to
maintain resource values of St. Joseph Bay Aquatic Preserve for future generations.

Task 7-1:
As necessary, prepare and implement plans to restore disturbed sites within
the aquatic preserve.

Task 7-2:
As necessary, develop and implement specific programs to remove or
eradicate undesired exotic animal and plant species.

RESOURCE PROTECTION PROGRAM

The role of the Bureau of Submerged Lands and Aquatic Preserves in resource
protection includes enforcement of state laws and rules; coordinating with other
enforcement staff in the Division of State Lands and other divisions and agencies
having enforcement authority; and, reviewing and commenting on permits. In
regard to direct enforcement, the Bureau has regional staff to deal with enforcement
issues concerning aquatic preserves. If these staff are unavailable, the option of
using Marine Patrol staff also exists. Any prosecution actions will be handled by
DNR legal staff. On site staff are intended to serve only as technical support on
enforcement issues. Violations of Chapter 18-20, F.A.C. are violations of civil law
and as such are subject to all civil penalty limitations.

In serving as technical support, staff is expected to evaluate development proposals
in aquatic preserves in regard to adverse impacts on natural and cultural resources
and consistency with established laws and rules; conduct field assessments and
prepare comments and recommendations to appropriate agencies; maintain good
communication with local, regional, state, and federal environmental regulatory
agencies; and, notify appropriate authorities of violations and illegal activities.

Other agencies with enforcement authority which can be used to protect the natural
resources of an aquatic preserve include the Department of Natural Resources, the
Department of Environmental Regulation, the Game and Fresh Water Fish
Commission, and local law enforcement officers.

-Resource Protection Goal:

To ensure compliance with all laws, rules, ordinances, and permit conditions
relating to the protection of natural resources.

Resource Protection Objective 1 1

To assure that all violations of federal, state, and local laws, rules, ordinances, and
permit conditions in the St. Joseph Bay Aquatic Preserve are responded to in a
timely manner.

Task 1 -1:
The preserve manager will coordinate with agencies that have enforcement
authority in the aquatic preserve area for natural -resource related issues and
develop a network of communication and coordination among these
agencies.

Task 1-2:
To establish a scheduled program in coordination with other agencies with
enforcement authority to systematically monitor the aquatic preserve for
resource-oriented violations which could potentially affect the natural
resources of the aquatic preserve. Any violations spotted in this effort
should be immediately reported to the appropriate enforcement entities.

Task 1-3:
To regularly monitor all permitted actions within the aquatic preserve during
their construction phase to assure compliance with permit conditions. Once
construction is completed a letter shall be sent to the permitting entity stating
that the project was completed and whether it is in compliance with the
agreed upon permit conditions.

Task 1-4:
Provide technical support to federal, state, or local entities involved in
resource-oriented enforcement actions within the aquatic preserve.

RESEARCH AND MONITORING PROGRAM

Marine research conducted within the DNR is normally the responsibility of the
Division of Marine Resources. Nevertheless, because of the nature and purpose
of aquatic preserves, some management related research projects should also be
associated with this program. The two key components of a research program are
research and monitoring. Research is the systematic collection and analysis of
experimental and/or field observations that produce knowledge. And, monitoring
is the systematic sampling and measurement over time of variables which describe
the abundance and distribution of biological resources, the distribution and
concentrations of physical, geological or chemical properties, or the location and
rates of significant processes.

Research and monitoring conducted through the Aquatic Preserve Program shall
focus on management solutions specific to a site or to the program in general. The
overall program's involvement with research can vary from actually conducting a
research project to providing in-kind support to certain research projects to
contracting an outside entity to donecessary research.

The role and emphasis of a specific preserve. in research and monitoring is
contingent on the classification of the preserve. Preserves established for either
biological or scientific purposes should emphasize research and monitoring
activities much greater than preserves designated for aesthetic purposes. St.
Joseph Bay Aquatic Preserve was established for biological /scientific purposes.
*Research conducted within aquatic preserves must be compatible with protection
of natural resources and receive the clearance of aquatic preserve field staff and
the central office staff.

Research and monitoring associated with an aquatic preserve will emphasize either
providing a better understanding of the functioning and interrelationships of the
preserve's natural systems; monitoring the status of the preserve over time; or,
providing information to allow for the wise use and management of the preserve.

Staff of each preserve will keep close coordination with all research projects and
monitoring activities ongoing within the preserve, as well as outside research
conducted by universities, the Division of Marine Resources, or research entities
which are pertinent to the preserve. Efforts will also be taken by the Central Office
to assure that research funding for aquatic preserves under state programs such
as Sea Grant and the Surface Water Improvement and Management Act are
consistent with previously identified and approved research needs for the preserve.

Much of the existing research in St. Joseph Bay was done either by graduate
students or professors from Florida State University. These past research projects
have focused mainly on fisheries, seagrasses, and the geology of the bay and
offshore area. There are no known ongoing research projects in St. Joseph Bay.

The research needs in St. Joseph Bay Aquatic Preserve include documenting the
long-term impacts of powerboat propellers and commercial scallop dredging on the
seagrass beds and the ecological productivity of the bay and establishing a means
to evaluate the cumulative impact of development activities on adjacent uplands.

The other entities currently known to be involved in environmental monitoring in St.
Joseph Bay Aquatic Preserve are the DER, DNR, and the city of Port St. Joe's
Water Pollution Control Department. The DER has two stations in St. Joseph Bay
which have been monitored since 1971. These stations are located on the eastern
side of the bay about one-half mile above the state park boundary and on the
western side of. the bay off the city of Port St. Joe. Ideally, additional stations which
are closer to the more productive south end of the bay should also be established.
The University of Florida, Department of Environmental Engineering is about to be
initiating a water and sediment monitoring effort in the bay. The Bureau of Coastal
Pata Acquisition, DNR, is conducting long term beach and offshore profile
monitoring within the aquatic preserve. DNR has eighty-five monitoring stations
located along the gulf shoreline of the preserve, as well as obtaining aerial videos
of the coast. The city's Water Pollution Control Department has monitored the bay
since 1973 and currently monitors water, sediment, and fish.

The St. Joseph Bay Aquatic Preserve is located adjacent to the Apala chicola Bay
National Estuarine Research Reserve. This Reserve is operated by both the
National Oceanic and Atmospheric Administration and DNR. The research
programs at the rzstuarine Research Reserve and the aquatic preserve will be
closely coordinated. St. Joseph Bay is also located within 40 miles of Florida State
University's Turkey Point Marine Institute.

Research and Monitorinci Goal:

To have the necessary research and monitoring activities conducted so that the
ecological functioning of the preserve is understood, so that the preserve can be
managed and used in an ecologically sound and wise manner, and so that the
preserves can be maintained in it's natural condition for future generations.

Research Obiective 1

Promote the scientific investigations and monitoring activities necessary in St.
Joseph Bay to understand the status and basic functioning of the bay, enhance the
management of its natural resources, and guide the wise management and
utilization of those resources.

Task 1-1:
Establish and maintain communication and coordination links between the
aquatic preserve staff and existing research and monitoring entities including
Florida's state university system, DNR's Marine Resources Laboratory, the
Florida Department of Environmental Regulation, the U.S. Environmental
Protection Agency, the city of Port St. Joe's Water Pollution Control
Department, and any other entity involved in research and monitoring in or
near the preserve.

Task 1-2:
In coordination with the scientific community, establish a prioritized list of
research and monitoring needs for the aquatic preserve. This list should be
updated at a minimum of every 2 years.

Task 1-3:
By offering assistance either through logistical support or funding (as
available) encourage the conducting of priority research projects.

Task 1-4:
As available funds and staff time and expertise permit, conduct priority
research and monitoring activities.

Research Oblective 2:

Staff should be knowledgeable about the ecological components of the bay and
.how they function by obtaining a basic understanding of all past and ongoing
research projects and monitoring activities done within St. Joseph Bay Aquatic
Preserve or in other areas whose results are applicable to the management and
protection of the preserve.

Task 2-1:
To obtain and serve as a repository for all past monitoring data collected
within the aquatic preserve. Copies of this information should be kept at
both the DNR office and the Gulf County library. The existing monitoring
programs should be assessed in regard to parameters monitored, sampling
methods, sampling frequency, and station location in coordination with the
scientific community to assure that they accurately portray the environmental
climate of the preserve. If necessary, means of modifying or expanding the
existing monitoring program should be examined.

Task 2-2:
To obtain, review, and serve as a repository for all existing scientific
literature, government reports, historical accounts, and available maps and

photos of the aquatic preserve. Copies of this information should be kept
at both the DNR'office and the Gulf County library.

Task 2-3:
To regularly review the scientific literature relevant to the ecological
processes within as well as the protection and management of the aquatic
preserve.

Task 2-4:
To establish a library containing information on plant and animal species and
communities found within the aquatic preserve. Copies of this information
should be kept at both the DNR office and the Gulf County library.

Research Objective 3:

To coordinate the use of research findings into both management decisions and
resource education programs.

Task 3-1:
Staff should serve as a link between historical and ongoing research and
monitoring activities in the preserve and current resource management and
use decisions. Staff should make key scientific information available to
decision-makers.

Task 3-2:
Staff should serve as a link between historical and ongoing research and
monitoring activities in the preserve and resource education programs.
Materials used in resource education programs relating to the preserve
should be reviewed by staff for accuracy and updated periodically to reflect
current research findings.

Research Objective 4:

To coordinate with DER and the Northwest Florida Water Management District on
the status of water quality in the preserve.

Task 4-1:
Maintain a file, and periodically assess data received from DER on water
quality within the preserve. If water quality is declining, consult with DER to
determine sources of degradation and evaluate possible actions to stop or
reverse the trend. If water quality is improving, steps should be taken to
document the reasons for the improvement.

Task 4-2:
Coordinate with the local mosquito control district or programs to review
arthropod control plans submitted in compliance with Section 388.4111, F.S.,
and to monitor arthropod control activities for compliance with the
management plan.

ENVIRONMENTAL EDUCATION JIN FORMATION PROGRAM

The role of the Aquatic Preserve Program in environmental education is mainly to
coordinate and augment existing programs conducted out of the local school
system(s), the Florida Department of Education, or other state agencies. Education
programs are conducted at aquatic preserves in an effort to meet the overall
program goal of maintaining aquatic preserves at their current level of
environmental quality for future generations. The target population of education
programs at St. Joseph Bay Aquatic Preserve includes nearby upland landowners
and developers, commercial and recreational resource users, students at all grade
levels, organized groups, and local, regional, and state government agencies.

The involvement of aquatic preserve staff in public education will focus on the
development of both programs in the school system and to the public at large.
Specific areas of involvement may include developing informational pamphlets,
brochures, or booklets*, conducting interpretive tours; conducting lectures or
classes; development of public service announcements for television and radio;
and, development of video programs and other teaching aids that can be used by
public school systems in their daily instruction to students. Two DNR publications,
Environmental Education in Florida: Needs and Goals and A Guide for
Environmental Education, serve as important resource documents for environmental
education programs in aquatic preserves.

Environmental Education jInformation Goal:

To educate people so that they will use the environment in ways that preserve it,
consider environmental issues when planning and making decisions which could
affect the environment, and- take part in decisions affecting nearby natural
resources. In general, the intent of aquatic preserve education programs is to
make the public informed and responsible users of natural resources.

Education Obiective 1:

To provide assistance to environmentally oriented education programs at public and
private schools at all grade levels from kindergarten through university classes.

Task 1 -1:
In coordination with staff of the Apalachicola National Estuarine Research
Reserve prepare classroom units relating to -the natural resources of St.
Joseph Bay.

Task 1-2:
To periodically lead or assist in classroom field trips into the aquatic
preserve.

Task 1-3:
To develop a specimen collection of species commonly found in the
preserve to be used by public and private schools in their environmental
education programs.

Task 1-4:
In coordination with staff of the Apalachicola National Estuarine Research
Reserve participate in programs designed to educate environmental
education instructors.

Task 1-5:
To develop a reference library of material relevant to the natural resources
of St. Joseph Bay in Gulf County and make the contents available to
educators.

Education Obiective 2:

To provide and/or assist in environmental education programs to the community
at large.

Task 2-1:
To conduct or assist in seminars, forums, or classes for public discussion
of relevant resource management, utilization, and regulation issues.
Seminars should involve both commercial and recreational resource users
and should seek to involve resource users.

Task 2-2:
Develop brochures, pamphlets, and/or booklets in coordination with staff of
the Apalachicola National Estuarine Research Reserve for public
dissemination which describes both the purpose of and the activities
conducted at the aquatic preserve and the functional importance of the
Preserve's ecosystem.

Task 2-3:
Develop a network of signs to be placed at strategic access points to the
aquatic preserve designed to educate the general public about ecological
significance of St. Joseph Bay, the role of the general public in conserving
natural resources, and the Aquatic Preserve Program.

Task 2-4:
Periodically prepare newspaper articles or radio announcements designed
to educate the general public about the ecological significance of the
preserve and/or topical resource management, utilization, and regulation
issues. Through this vehicle the findings of recent research efforts should
be disseminated to the public at large.

Task 2-5:
Provide reference material to nearby public libraries regarding the
description, management, and utilization of the natural resources of the
aquatic preserve. Efforts should be made to encourage public libraries to
have a special section relating to local natural resources.

Task 2-6:
To conduct and/or sponsor cultural events including aft and photography
exhibitions, storytelling sessions, and musical events relating to the
management and protection of natural resources.

CHAPTER Vill

MANAGEMENT COORDINATION NETWORK

This chapter provides an overview of the federal, state, regional, and local agencies
that have jurisdiction or hold interest in the management of the St. Joseph Bay
Aquatic Preserve. Much of the authority necessary to protect and manage the
natural resources within and adjacent to the St. Joseph Bay Aquatic Preserve exists
outside the Bureau of Submerged Lands and Preserves. Therefore, the preserve's
management action plan (Chapter 7) includes several objectives and tasks which
direct staff to coordinate with entities which have the necessary jurisdiction.
Resource Management Objective 2 provides that the aquatic preserve staff should
establish and maintain close communication and coordination with all federal, state,
regional, and local governmental agencies which have authority in natural resource
management decisions that can impact the St. Joseph Bay Aquatic Preserve.
Resource Management Objective 3 further provides that staff "be actively involved
in all resource management decisions which can potentially impact the natural
resources of St. Joseph Bay Aquatic Preserve. And, Resource Protection Objective
1 provides that staff should assure that all violations of federal, state, and local laws,
rules, ordinances, and permit conditions in the St. Joseph Bay Aquatic Preserve are
responded to in a timely manner.

FEDERAL AGENCIES

Many federal agencies have property interests, land and wildlife management
programs, research activities, construction activities; and regulatory programs
existing or potentially existing within the St. Joseph Bay Aquatic Preserve. Listed
below are the major federal agencies and their program involvement within the
preserve.

U.S. Fish and Wildlife Service

The U.S. Fish and Wildlife Service (USFWS) administers three programs
which directly affect the St. Joseph Bay Aquatic Preserve. The Division of
Ecological Services, headquartered in Panama City, reviews dredge and fill
requests and other federal level permitting under the Fish and Wildlife
Coordination Act. The USFWS is also charged with the protection and
recovery of endangered species and bird rookeries. Field personnel could
become involved in using available recovery techniques.

Under a provision in the Fish and Wildlife Coordination Act, the USFWS must
be consulted before the Corps of Engineers can submit a plan for

congressional approval which relate to water diversion, channel deepening,
or modifications to streams or other bodies of water.

U.S. Army Corps of Engineers

The U.S. Army Corps of Engineers (COE) regulates activities in waters and
wetlands under four separate, but related laws and their subsequent
amendments: Rivers and Harbors Act of 1899, Federal Water Pollution Act
of 1972, Clean Water Act of 1977, and Marine Protection, Research, and
Sanctuaries Act of 1972.

The COE's major responsibilities which relate to the St. Joseph Bay Aquatic
Preserve are the maintenance of federally authorized navigation channels,
pollution abatement, maintenance of water quality, and enhancement of fish
and wildlife. The COE also provides technical guidance and planning
assistance for development of the nation's water resources. Under Section
404 of the Federal Water Pollution Control Acts Amendments of 1972, the
COE has regulatory authority over dredge and fill activities in coastal
wetlands.

In December, 1982 a Memorandum of Understanding (MOU) between DNR,
DER and the COE was executed. The MOU established a process whereby
the proprietary concerns of the Trustees, stated in Chapter 253, F.S., is
integrated into the DER/COE joint permitting process.

U.S. Environmental Protection Agengy

The U.S. Environmental Protection Agency (EPA) is responsible for the
control and abatement of six types of pollution: air, water, noise, solid waste,
toxic waste, and radiation. The DER is the state agency responsible for
pollution control in Florida in conjunction with the federal program.

Coast Guard

The U.S. Coast Guard (USCG) is charged with the protection of the nation's
coastline. In the preserve, the Coast Guard is involved in the regulation of
boating safety, search and rescue, the surveillance of narcotics contraband,
and plays a primary role in spill control in coastal areas. -Additionally, the
Coast Guard regulates the construction of structures, such as bridges,
causeways, and aerial utilities, which may pose navigation hazards, and
oversees safety issues associated with commercial navigation.

National Oceanic and Atmospheric Administration

The National Oceanic and Atmospheric Administration (NOAA), Office of
Coastal and Resource Management, administers the National Estuarine
Research Reserve Program which includes the Apalachicola Bay National
Estuarine Research Reserve (see discussion under Department of Natural
Resources). NOAA's Office of Oceanography and Marine Assessment,
Ocean Assessment Division (OAD) conducts research, assessment, and
monitoring activities on environmental quality issues in estuaries. Through
its National Status and Trends Program, OAD is conducting a nationwide
monitoring program to assess chemical contamination in estuaries
throughout the country. Through its National Coastal Pollutant Discharge
Inventory, OAD determines the sources and analyzes the quality of
discharged pollutants in estuaries. OAD also has a National Estuarine
Inventory which characterizes the physical and hydrological features of the
nation's estuaries and coastal areas. NOAA also operates the weather
station in Apalachicola, Florida and collects tidal data from four stations
within or near the preserve.

National Marine Fisheries Service

The National Marine Fisheries (NMFS), U.S. Department of Commerce
records commercial fish landings, enforces national fishery laws, and
protects vital fishery habitats. The Environmental Assessment Branch of
NMFS comments on permit applications, at the federal level, which may
adversely impact fishery habitats. NMFS also has enforcement officers
checking for illegal fishing activity.

Degartment of Defense (U.S. Air Force)

The U.S. Air Force owns several 100 acres adjacent to the aquatic preserve
at which it operates a radar tracking facility.

Spaceport Florida Autbgrijy

The Spaceport Authority is currently activating a former Air Force missile test
site on Cape San Blas for research-oriented sounding rocket launches.

STATE AGENCIES

Many state agencies have property interests, land and wildlife management
programs, research activities, regulatory authority and construction activities within

the St. Joseph Bay Aquatic Preserve. The interactions of these programs with the
management of the St. Joseph Bay Aquatic Preserve are outlined below:

Department of Natural Resources

The Division of Marine Resources has several programs relevant to aquatic
preserves. The Marine Research Laboratory in St. Petersburg has several
projects including resource protection area mapping and fishery habitat
utilization studies which generate valuable resource management
information.

The Division of Marine Resources also administers a permitting program for
the collection of certain marine species and the use of certain chemicals.
The Bureau of Submerged Lands and Preserves receives notification of
issuance of permits within aquatic preserves.

The Division of Marine Resources' Shellfish Environmental Assessment
Section (SEAS) is responsible for the classification and management of
shellfish harvesting areas. A SEAS field support office and the laboratory
support facility are located in Apalachicola. SEAS performs four primary
tasks: conducting shoreline surveys to locate and evaluate potential pollution
sources; establishing and monitoring water quality monitoring stations; red
tide monitoring; and, managing shellfish harvesting areas for the purpose of
protecting public health.

The Division of Law Enforcement's Marine Patrol, District 2 has a
detachment located in Carrabelle, Florida. The detachment includes 22
people. The Marine Patrol regulates and enforces safe boating laws and
enforces all commercial and recreational fishing laws.

The Division of State Lands, in addition to the work related to aquatic
preserves., is charged with overseeing uses, sales, leases, or transfers of all
state-owned lands. The Bureau of Submerged Lands and Preserve staff
interact with other staff of State Lands in all transactions concerning
Submerged lands within the preserve including education, research, and
acquisition of privately titled submerged lands or contiguous uplands
important to the integrity of the preserve.

The Division of Resource Management is responsible for the management
of aquatic plants, mineral resources, oil and gas exploration, and geologic
studies. It also supervises state Navigation Districts and Canal Authority.

The Division of Beaches and Shores is responsible for managing erosion
control, hurricane protection, coastal flood control, shoreline and offshore

rehabilitation, and the regulation of work and activities likely to affect the
physical condition of the beach and shore.

The Division of Recreation and Parks oversees operations at the T.H. Stone
State Park on the St. Joe peninsula.

Marine Fisheries Commission

The Marine Fisheries Commission (MFC) has been delegated rule making
authority with respect to marine life, and regulates the harvesting of all
marine life (except designated species), subject to final approval by the
Governor and Cabinet. Their authority covers gear specifications, prohibited
gear, bag limits, size limits, species that may not be sold, protected species,
closed areas, quality control codes, harvesting seasons, special
considerations related to egg-bearing females, and oyster and clam relaying.
The MFC is required to make annual recommendations to the Governor and
Cabinet regarding marine fisheries research priorities, which can in turn
directly influence research efforts and priorities at the preserve.

*Florida Game and Fresh Water Fish Commission

The Florida Game and Fresh Water Fish Commission (FGFWFC) has several
programs directly related to resource management at the preserve. The
Office of Environmental Services (with staff in Tallahassee and Apalachicola)
reviews projects which may affect local fish and wildlife habitat. FGFWFC is
the state coordinator of the Non-Game Wildlife and Endangered Species
Program in Florida. The Division of Wildlife is also responsible for
designating Critical Wildlife Management Areas to protect designated
species. And, the FGFWFC has law enforcement officers working in the
area.

Department of Environmental Rggulation

The Department of Environmental Regulation (DER) has the authority to
regulate air, water, noise, wastewater, stormwater, and hazardous waste
pollution through a permitting and certification process. An interagency.
agreement between DNR and DER provides an avenue for prior DNR staff
review and comment on projects with potential environmental impacts in the
preserve.

DER is the state contact for the initiation of dredge and fill applications in
conjunction with the COE and DNR. The permitting process is a key
management tool for the protection of the preserve. In December 1982, a
Memorandum of Understanding (MOU) between DER, DNR, and the COE
established a process whereby the proprietary concerns of the Board of

Trustees, stated in Chapter 253, F.S., are integrated into the DER/COE joint
permitting process.

The DER also oversees the Outstanding Florida Waters (OFW) program and
enforces water quality regulations for the state. As an aquatic preserve, St.
Joseph Bay was automatically designated an Outstanding Florida Water.
Through this designation, ambient conditions become the water quality
standard for the preserve, thereby providing a legal means of preventing any
degradation to the preserve's water quality.

The DER Office of Coastal Management is charged with coordinating
activities related to coastal management and reviewing federal actions for
consistency with the State Coastal Management Program. . The Office of
Coastal Management also awards grants for research and management
planning.

Department of Communi!y Affairs

The Department of Community Affairs (DCA) is responsible for coordinating
Developments of Regional Impact (DRI), designating Areas of Critical State
Concern (ACSC), and overseeing the local planning process.

DRI's are major developments that may affect more than one county and
require regional review from neighboring local governments the regional
planning council, and state agencies. The ACSC program is intended to
protect areas of the state where land development has, or may potentially
endanger natural resources.

The DCA also oversees the development of Local Government
Comprehensive Plans for counties and municipalities. Local governments
are required to adopt land development regulations which are consistent
with the adopted local comprehensive plan within one year after submission
of their plan for review and approval by the DCA.

Department of Agriculture and Consumer Services

The Department of Agriculture and Consumer Services (DACS) is
responsible for regulating pesticide usage, overseeing forestry operations,
and overseeing designated plant species.

Department of Transportation

The Department of Transportation (DOT) is responsible for the planning and
construction of state roads in Gulf County. The DOT also updates a state-
wide aerial photographic survey every four years.

Department of State

The Department of State, Division of Historical Resources (DHR) has
responsibility for protecting archaeological and historical sites. This includes
cultural resources located on state-owned sovereignty submerged lands.

Department of Health and Rehabilitative Services

The Department of Health and Rehabilitative Services (HRS) administers
septic tank and mosquito control programs at a state level. Although
mosquito control serves a useful public function, the effects of pesticides in
the waters-of the preserve can be a primary concern. DNR staff are involved
in the management programs developed by the Florida Coordinating Council
on Mosquito Control, and subsequent policy recommendations resulting
from this group will be evaluated for their potential effects on the aquatic
preserve.

Office of Plannina and Budaetina'

The Office of Planning and Budgeting in the Executive Office of the Governor
is responsible for administering project reviews applicable to Florida's
Coastal Management Program and the Federal consistency program in
conjunction with DER. This process incorporates all projects in the state that
involve federal permitting, federal assistance, or direct federal activity. Each
project must undergo this additional review to determine if the project is
consistent with the established programs, policies, and rules of the state.

Florida Sea Grant

Florida Sea Grant is a State University System program with administrative
offices at the University of Florida. By using seminars, workshops,
demonstrations, publications, and personal contacts, Marine Extension
Agents working for Sea Grant inform the public of current issues of the sea
and coast.

REGIONAL AGENCIES

In addition to state and federal agencies, two regional agencies have a major role
in the use and management of the preserve: The Northwest Florida Water
Management District and the Apalachee Regional Planning Council.

Northwest Florida Water Management District

The Northwest Florida Water Management District (NWFWMD) administers
permitting programs for consumptive water use, management and storage
of surface water well drilling and operation, regulation of artificial recharge
facilities, and works of the district. This includes withdrawal of water from
rivers, streams, and wells. The types of water uses permitted by the
NWFWMD which could affect the St. Joe Bay Aquatic Preserve includes
public water supply.

In 1987 the Florida Legislature directed water management districts through
the SWIM act to develop and implement plans to improve the water quality
and related aspects of the state's surface waters. The SWIM program has
no activities ongoing or planned which relate to the St. Joseph Bay Aquatic
Preserve.

Agalachee Regional Planning Council

The Apalachee Regional Planning Council (ARPC) serves as a regional
planning body for the local government of Gulf County. Among its duties,
the ARPC : aids local governments with planning expertise; is the regional
representative for the DRI review process; serves as a clearinghouse for
state and federal projects and programs; conveys information from the local
governments to the state and federal levels; assists local governments in
getting grant aids; and prepares and administers the Regional Policy Plan.

The DRI review of projects which affect the preserve will be reviewed by both
the central office staff and field personnel. DRI's for marinas, subdivisions
adjacent to the preserve, and commercial or industrial developments will be
reviewed closely for their potential impact on the preserve.

LOCAL GOVERNMENT

The St. Joseph Bay Aquatic Preserve is contained entirely within Gulf County. The
city of St. Joe lies in close proximity to the preserve's boundary. The city of Port
St. Joe is the regional water pollution control in closest proximity to St. Joseph Bay.
The city is the owner and operator of the area's regional wastewater treatment
plant. The city has acted as the major water pollution control authority in the region
since 1973. The key area of interaction between county and/or municipal
government and the St. Joseph Bay Aquatic Preserve is in the area of land use on
the adjacent uplands and its associated impacts on and uses of the aquatic
resources of the preserve. To this end, there are two basic areas of concern: local
government comprehensive plans and local ordinances and regulations.

Local Government Comprehensive Plans

Local (municipal and county) governments are required by the Local
Government Comprehensive Planning Act of 1975 (Section 163.3161, F.S.),
(as amended by Chapter 85-55, Laws of Florida, to the Local Government
Comprehensive Planning and Land Development Regulation Act) to develop
and adopt comprehensive plans to guide their future development. The
plans are to be composed of elements relating to different governmental
functions (i.e., housing, physical facilities, conservation, land use, coastal
zone protection, etc.). These plans must meet the approval of state agencies
and be consistent with minimum standards set in Chapter 9J-5, F.A.C.

The coastal management element of the Local Government Comprehensive
Plan, along with the land use and conservation 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 government jurisdiction.

Local Ordinances and Procirams

(personal communication from Larry McArdle, Manager, city of Port St. Joe
Wastewater Treatment Plant)

There are two local ordinances (one municipal and one county) which
directly relate to local government control over St. Joseph Bay, including the
portions which are part of the aquatic preserve. The municipal ordinance
is a pretreatment ordinance adopted by the city in accordance with Federal
Clean Water Act requirements. The city's pretreatment ordinance regulates
what industries can put in wastewater influents to the city's wastewater
treatment plant. The county ordinance is one which regulates airboat and
aircraft traffic on St. Joseph Bay.

The city of Port St. Joe has a water pollution control department which
operates and maintains the city's regional industrial wastewater treatment
plant. The city's plant was financed, constructed and operated with help
from local industries in 1973. By developing one large regional facility, the
city and its industries were able to eliminate three outdated facilities, and
have achieved high quality treatment of the wastewaters generated by the
city and its systems users. The city's collection and treatment system has
eliminated approximately 90% of the pollutant loads discharged directly to
St. Joe Bay prior to 1973.

Port Authori!y Master Plan

(personal communication from Larry McArdle, Manager, city of Port St. Joe
Wastewater Treatment Plant)

The Port of St. Joe dates back to 1701 with a Spanish outpost in St. Joe
Bay. The United States purchased Florida in 1819 from Spain, and by 1839
Port St. Joe ranked with the ports of Mobile, New Orleans and Apalachicola.
Most of the currently existing Port of Port St. Joe facilities were developed
by 1960-70. The existing port and facilities, by current comparison could be
termed small or minor with respect to expansive gulf ports such as Tampa,
Mobile and New Orleans. All existing deepwater port facilities are outside of
the state aqyatic preserve, but water portions lie adjacent to it.

The management of the Deepwater Port of Port St. Joe is by the Port
Authority established under Section 215.431, Florida Statutes. The Authority
is an independent public agency composed of five commissioners appointed
by the Governor. They are authorized to own and acquire property,
construct, maintain and operate Port and all other harbor facilities. The Port
Authority prepared a master plan for Florida Department of Community
Affairs and the Florida Department of Natural Resources in December 1988.
Several goals, objectives and policies of the plan relate to the portion of St.
Joe Bay which have historically been used as a port and for navigation,
adjacent to the aquatic state preserve.

Local Development Codes

The local development and zoning 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 land uses and land use intensities adjacent
to an aquatic preserve can lead to profound impacts on the resources of the
preserve.

Within one year after the approval of their Local Government Comprehensive
Plan, local governments are required to amend their land development
regulations to be consistent with the provisions of the plan.

PRIVATE CONCERNS

In addition to coordinating and working closely with governmental entities, the
aquatic preserve manager should also coordinate with private entities including St.
Joe Bay Protection Committee, Friends of St. Joe Bay, representatives of. St.

Joseph Forest Products Company, representatives of the commercial and
recreational fishing industries, and other groups related to the protection or
utilization of the natural resources of the bay.

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CHAPTER IX

STAFFING AND FISCAL NEEDS

Historically, the Aquatic Preserves Program has been largely dependent on federal
coastal zone grant funds for both its operation, and as a result, the funding of both
field positions and central office positions has been limited.
In order for 'the St. Joseph Bay Aquatic Preserve to be managed in accordance
with goals, objectives, and tasks set forth in this plan, adequate funding, staffing,
and equipment is essential. Currently there is no legislative funding for staffing at
the St. Joseph Bay Aquatic Preserve. Instead, management is conducted on a
part-time basis by the manager of the Alligator Harbor Aquatic Preserve and
permitting is handled by District staff in Pensacola. It is anticipated that the above
program can be implemented with one full-time employee for the most part to the
St. Joseph Bay Aquatic Preserve and a full-time secretarial assistant which would
also assist staff of the Alligator Harbor Aquatic Preserve. This estimate does not
include staff-time or expenses by DNR and other state agency employees involved
intermittently in the various tasks necessary to manage and conserve the natural
resources of the aquatic preserve. An annual review of the accomplishments of the
program relative to the tasks listed in Chapter VII will help to determine if the initial
staffing estimate is adequate to meet the legislative intent of the program.

A budget covering projected staff time, equipment, travel, and other expenses for
this area is found in Table 2. The budget is required to fulfill the short-range needs
of the preserve as described in this management plan, and accomplish the
Department of Natural Resources goal of on-site management of all aquatic
preserves by 1991, as expressed in the Agency Functional Plan.

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TABLE 2

ESTIMATED BUDGET FOR THE FIRST TWO YEARS FOR
ST. JOSEPH BAY AQUATIC PRESERVE

SALARY FIRST YEAR SECOND YEAR

ES 11 (including benefits) $32,010 $32,970
Secretary Specialist 16,324 16,814
Subtotal $48,334 $49,784

OPERATING CAPITAL OUTLAY

Vehicle $15,000
Boat/ M otor/Trailer 17,5o6'
Office Equipment 3,500
Computer 2,600
Subtotal $38,600

OPERATING EXPENSES

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

TOTAL COST $105,934 $70,784

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CHAPTER X

RESOURCE AND ACTIVITY MONITORING PROGRAM

To ensure that this management plan is effectively implemented, on-site staffing is
imperative. The position of a preserve manager will be necessary in order to
institute programs targeted at (1) monitoring the status of natural resources, (2)
monitoring usage of the aquatic preserve, and (3) tracking progress and
accomplishments that are directed at retaining the original integrity and value of the
preserve.

RESOURCE MONITORING

In managing an aquatic preserve it is important to regularly review whether the
efforts of the Aquatic Preserve Program and other federal, state, and local
programs to protect the natural resources are meeting their objectives. Therefore,
the status of the natural resources in the preserve will be monitored on a regular
basis. Features which should be monitored include, but should not be limited to,
trends in water and sediment quality (including monitoring point or non-point
sources of pollution), areal coverage, location, and health of salt marshes and
seagrass communities, recreational and commercial harvesting of marine
resources, and development trends on adjacent uplands. As Resource
Management Task 5-5 of the St. Joseph Bay Aquatic Preserve Management Action
Plan (Chapter VII) provides, the preserve manager shall annually prepare a report
describing the state. of the environment of the aquatic preserve. This report will be
the heart of the resource monitoring program. It should discuss the findings of the
resource monitoring program; most recent water quality data and any trends in
water quality; any changes in resource community boundaries; status of designated
species within the aquatic preserve; permit applications within the preserve; land
development trends on adjacent uplands; and any enforcement actions necessary.

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

Future use of a GIS system at the St. Joseph Bay Aquatic Preserve could include
the periodic inventory, compilation, and analysis of temporal and spatial data
concerning the present state of the natural resources within the preserve. Historical

aerial photography could be computerized for comparison with later data to
conduct a temporal analysis of resource abundance. Detailed monitoring of any
re-vegetation or restoration efforts could also be computer analyzed. The on-line
access to these natural resource data bases will facilitate informed management
decisions concerning the use and protection of submerged lands and their
resources. Cooperation and file sharing is possible with other agencies handling
data with identical or similar systems.

ACTIVITY MONITORING

As human interaction in and around the aquatic preserve increases, additional
pressures are to be expected in the form of recreational and development activities.
Monitoring the type of use of activities and their compatibility, their frequency of
occurrence, as well as proven and expected detrimental effects on the preserve's
natural resources, will provide a foindation to amending the policies of the aquatic
preserve to protect its natural resources.

ACCOMPLISHMENTS AND PROGRESS MONITORING

For this mana gement plan to be effectively implemented, it is necessary to monitor
the accomplishments of the on-site program on a regular basis. Therefore as
noted above, staff of the St. Joseph Bay Aquatic Preserve will be required to
annually submit a report to the main office, the Gulf County Commission, and the
City of Port St. Joe on the state of the natural environment of the aquatic preserve,
what was done in the previous year toward the tasks listed in Chapter VII, and what
are needs and directions of the aquatic preserve for the coming year. This report
should be closely keyed to the tasks listed in Chapter VII and will serve as the basis
for judging the adequacy of staffing and funding estimates listed in Chapter IX

Specific information which should be included in the annual state of the preserve
report includes any noted change in acreage or health of seagrasses and salt
marshes; numbers of permits applied for, issued, and denied; whether any
exemptions to standards were granted; number of structures built adjacent to the
preserve; any changes in water quality within the preserve; and whether any
violations were uncovered.

100

CHAPTER X11

REFERENCES

Apalachee Regional Planning Council. 1984. Apalachee regional hurricane
evacuation study: technical data report.

Apalachee Regional Planning Council. 1987. Apalachee Regional Comprehensive
Policy Plan. (Rule 29L-50001). Florida Planning District Two.

Barnett, E.L. and J.S. Gunter. 1986. Comprehensive shellfish harvesting survey
for St. Joseph Bay, Gulf County, Florida. Florida Department of Natural
Resources, Shellfish Environ-mental Assessment Section.

Balsillie, J.H. 1985. Long-term shoreline change rates for Gulf County, Florida: a
first appraisal. Florida Department of Natural Resources Beaches and
Shores Special Report No 85-3.

Baskerville-Donavan Engineers, Inc. 1990. Gulf County comprehensive plan. Vol
11. Support Documents, Chapter V, Coastal Management Element/Port
Master Plan.
-Beaches and Shores Resource Center, Institute of Science and Public Affairs,
Florida State University. 1985. Coastal construction control line review and
reestablishment study for Gulf County, Florida. submitted to the Division of
Beaches and Shores, Florida Department of Natural Resources.

Bureau of Economic and Business Research, University of Florida. 1987. Florida
statistical abstract. A.H. Shoemyen, editor.

Carlson, P. 1991. February 5, 1991 Internal Department of Natural Resources
memorandum to Pam McVety, Director of the Division of Marine Resources.

Clark, R.R. 1989. Beach conditions in Florida: a statewide inventory and
identification of the beach erosion problem areas in Florida. Florida
-Department of Natural Resources Beaches and Shores Technical
Memorandum No. 89-1.

Dawes, C.J. 1987. The dynamic seagrasses of the Gulf of Mexico and Florida
coasts. In Proceedings of the symposium on subtropical-tropical seagrasses
of the Southeast United States. M.J. Durako, R.C. Phillips, and R.R. Lewis
III, editors, Florida Marine Research Publication 42, p. 25-38.

101

de la Cruz, A.A. 1973. The role of tidal marshes in the productivity of coastal
waters. ASB Bull. 20(4):147-156.

Dean, R.G. and T.Y. Chiu. 1985. Combined total storm tide frequency for Gulf
County, Florida. Beaches and Shores Resource Center, Institute of Science
and Public Affairs, Florida State University. Submitted to the Florida Depart-
ment of Natural Resources.

Department of Natural Resources. 1990. Florida's Beach Restoration Management
Plan for Planning Districts 1, 11, and V.

Eleutrius, L.N. 1987. Seagrass ecology along the coasts of Alabama, Louisiana,
and Mississippi. In Proceedings of the symposium on subtropical-tropical
seagrasses of the South-east United States. M.J. Durako, R.C. Phillips, and
R.R. Lewis III, editors, Florida Marine Research Publication 42, p. 11-24.

Flemer, D.A., T.C. Malone, H.M. Austin, W.R. Boynton, R.B. Biggs, and L.E. Cronin.
1983. How should research and monitoring be integrated? In, Ten Critical
Questions for Chesapeake Bay in Research and Related Matter, L.E.
Cronin, editor. Chesapeake Research Consortium, Publication No. 113, p.
125-139.

Florida Department of Environmental Regulation. 1979. Biolo-gical aspects of
. water quality in Florida, Part 1. edited by L.T. Ross and D.A. Jones.

Florida Department of Natural Resources. 1987. St. Joseph Bay Aquatic Preserve
Management Plan.

Florida Game and Fresh Water Fish Commission. 1987. Official lists of
endangered and potentially endangered fauna and flora in Florida.

Hand, J., V. Tauxe, M. Friedemann, and L. Smith. 1990. 1990 Florida water quality
assessment: 305(b) technical appendix. Florida Department of
Environmental Regulation

Leslie, A.J. 1991. February 7, 1991 Internal Department of Natural Resources
Memorandum to Jeremy Craft, director of Resource Management,
Department of Natural Resources.

Livingston, R.J. 1984. The ecology of the Apalachicola Bay system: an estuarine
profile. U.S. Fish and Wildlife Service FWS/OBS-82/05.

102

Livingston, R.J. 1987. Historic trends of human impacts on seagrass meadows in
Florida. In Proceedings of the sympo-sium on subtropical-tropical
seagrasses of the Southeast United States. M.J. Durako, R.C. Phillips, and
R.R. Lewis 111, editors, Florida Marine Research Publication 42, p. 139-152

McNulty, J.K., W.N. Lindall, Jr., and J.E. Sykes. 1972. Cooperative Gulf of Mexico
estuarine inventory and study, Florida: Phase 1, area description. NMFS
CIRC-368, U.S. Department of Commerce.

National Council of the Paper Industry for Air and Stream Improvement, Inc. 1988.
U.S. Environmental Protection Agency/Paper Industry cooperative dioxin
screeening study. NCASI Technical Bulletin No. 545.

National Council of the Paper Industry for Air and Stream Improvement, Inc. 1990.
U.S. Environmental Protection Agency/Paper Industry cooperative dioxin.
study: the 104 mill study. NCASI Technical Bulletin No. 590.

Rudloe, A.E. 1985. Variations in the expression of lunar and tidal behavioral
rhythms in the horseshoe crab, Limulus polyphemus. Bull. of Mar. Sci.
36(2):388-395.

Ryan, J.D., F.D. Calder, and L.C. Burney. 1984. Deepwater ports maintenance
dredging and disposal, manual. Office of Coastal Management, Florida
Department of Environmental Regulation.

Salsman, G.G. and A.J. Ciesluk. 1978. Environmental conditions in coastal waters
near Panama City, Florida. Nav. Coastal Syst. Cent. Tech. Rep. No. TR337-
78.

Savastano, K.J., K.H. Faller, and R.L. Iverson 1984. Estimating vegetation
coverage in St. Joseph Bay, Florida with an airborne multispectral scanner.
Photogrammetric Engineering and Remote Sensing, Vol. 50, No. 8, p. 1159-
1170.

Schmidt, W. 1978. Environmental geology series, Apalachicola sheet. Florida
Bureau of Geology Map Series no. 84.

Schropp, S.J. and H.L. Windom (editors). 1988. A guide to the interpretation of
metal concentrations in estuarine sediments. Florida Department of
Environmental Regulation, Coastal Zone Management Section.

Schnable, J.E. and H. Goodell. 1968. Pleistocene- Recent stra-tigraphy, evolution,
and development of the Apalachicola coast: Florida. Geol. Soc. Amer.,
special paper no. 112.

103

Stapor, F.W. 1971. Sediment budgets on a compartmented low-to-moderate
energy coast in northwest Florida. Marine Geology. 10:Ml-M7.

Stapor, F.W. 1973. Coastal sand budgets and Holocene beach ridge plain
development, northwest Florida. Fla. State Univ. PhD Dissertation.

Stapor, F.W. 1974. The "cell: concept in coastal geology. Sediment Transport in
the Near-Shore Zone. Florida State University. Chapt. 1: 1 -11.

Stauble, D.K. and D.A. Warnke. 1974. The bathymetry and sedimentation of Cape
San Blas shoal and shelf off St. Joseph Spit, Florida. Jour. of Sed. Pet.
44(4):1037-1051.

Stewart, R.A. 1962. Recent sedimentary- history of St. Joseph Bay, Florida. Fla
State Univ. M.S. Thesis.

Stewart, R.A. and D.S. Gorsline. 1962. Recent sed.imentary history of St. Joseph
Bay. Sedimentology. 1:256-286.

Stout, J.P. 1984. The ecology of irregularly flooded salt marshes of the
northeastern Gulf of Mexico: a community profile. U.S. Fish and Wildlife
Service, Biological Report 85(7.1).

Tanner, W.F. 1960. Florida coastal classification. Gulf Coast Association of
Geological Societies Transactions, vol. 10, p. 259-266.

Tanner, W.F. 1960a. Expanding shoals in areas of wave refraction. Science.
132(3343):1012-1013.

Tanner, W.F. 1961. Offshore shoals in areas of energy deficit. dour. of Sed. Pet.
31(l):87-95.

Tanner, W.F. 1966. Late Cenozoic history and coastal morphology of the
Apalachicola River region, western Florida., In, Deltas and their geologic
framework, M. Shirley editor, p. 83-97.

Tanner, W.F. 1975. Historical beach changes, Florida "Big Bend" Coast. Trans.
Gulf Coast Assoc. of Geol. Soc., Vol. XXV, p. 379-382.

U.S. Army. 1971. National shoreline study, regional inventory report, South
Atlantic: gulf region, Puerto Rico and the Virgin Islands. U.S. Army Engineer
South Atlantic Division.

104

Virnstein, R.W. 1987. Seagrass-associated invertebrate communities of the
southeastern USA: a review. In Proceedings of the symposium on
subtropical-tropical seagrasses of the Southeast United States. M.J. Durako,
R.C. Phillips, and R.R. Lewis III, editors, Florida Marine Research Publication
42, p. 89-116.

Wells, R.L., personal communications, Gulf County administrative assistant.

Williams, D.R. 1971. Marine grass bed inventory, North Florida coast, October
1980, Environmental Monitoring Systems Laboratory, Office of Research and
Development, U.S. Environmental Protection Agency. TS-AMD-8099.

Wolfe, S.H., J.A. Reidenaur, and D.B. Means. 1988. An ecological characterization
of the Florida panhandle. USFWS Biological Report 88(12).

Zieman, J.C. 1982. The ecology of the seagrasses of south Florida: a community
profile. U.S. Fish and Wildlife Service, Office of Biological Services Rept.
82/25.

Zieman, J.C. and R.T. Zieman. 1989. The ecology of the seagrass meadows of
the west coast of Florida: a community profile. USFWS Biological Report
85(7.25).

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APPENDIX A

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

CHAPTER 18-20 (c) To coordinate with federal, state, and local
FLORIDIA AQUATIC PRESERVES agencies to aid in carrying out the intent of the
18-20.001 Intent. (d) To use applicable federal, state, and local
18-20.002 Boundaries and Scope of the management programs, which are compatible with
Preserves. the intent and provisions of the act and these rules,
18-20.003 Defintions and to assist in manging the preserves;
18-203.004 Management Policies, Standards (e) To encourage the protection, enhancement
and Criteria. or restoration of the biological, aesthetic, or
18-20.005 Uses, Sales, Leases, or Transfer of scientific values of the preserves, including but not
Interests in Lands, or Materials, limited to the modification of existing manmade
Held by the Board. (Repealed) conditions toward their natural condition, and
18-20.006 Cumulative Impacts. discourage activities which would degrade the
18-20.007 Protection of Riparian Rights. aesthetic, biological, or scientific values, or the
(Repealed) quality, or utility of a preserve, when reveiwing
18-20.008 Inclusion of Lands, Title to Which applications, or when developing and implementing
Is Not Vested in the Board, in a management plans for the preserves;
Preserve. (f) To preserve, promote, and utilize indigenous
18-20.009 Establishment or Expansion of life forms and habitats, including but not limited to:
Aquatic Preserves sponges, soft coral, hard corals, submerged grasses,
18-20.010 Exchange of Lands. mangroves, salt water marshes, fresh water
18-20.011 Gifts of Lands marshes, mud flats, esuarine, aquatic, and marine
18-20.012 Protection of Indigenous Life reptiles, game and non-game fish species, esuarine,
Forms. aquatic and marine invertebrates, estuarine,
18-20.013 Development of Resource aquatic and marine mammals, birds, shellfish and
Invensories and Management mollusks;
Plans for Preserves. (g) To acquire additional title interests in lands
18-20.014 Enforcement wherever such acquistions would serve to protect or
18-20.015 Application Form. (Repealed) enhance the biological, aesthetic, or scientific values
18-20.016 Coordination with Other of the preserves;
Governmental Agencies (h) To maintain those beneficial hydrologize and
18-20.017 Lake Jackson Aquatic Preserve. biologic functions the benefits of which accrue to
Library References: Riparian rights in navigable waters, the public at large.
I. Henry Dean 55 Fla. Bar J. 247, 250 (Mar., 1981). (4) Nothing in these rules shall serve to
eliminate or alter the requirements or authority of
18-20.001 Intent. other governmental agencies, including counties
(1) All sovereignty lands within a preserve shall and municipalities, to protect or enhance the
be managed primarily for the maintainence of preserves provided that such requirements or
essentially natural conditions, the propragation of authority are not inconsistent with the act and this
fish and wildlife, and public recreation, including chapter.
hunting and fishing where deemed approiate by Specific Authority 120.53 258.43(1) FS. Law
the board,and the managing agency. implemented 258.35 258.36 258.37 258.39 258.393 FS.
(2) The aquatic preserves which are described in Chapter 80-280 Laws of Floridia, History -New 2-23-81.
73-534, Laws of Floridia, Sections 258.39, 258.391, Amended 8-7-85, Formerly 16Q-20.01, Transferred from
258.392 and 258.393, Floridia Statutes, future 16Q-20.001.
aquatic preserves established pursuant to general or
special acts of the legislature, and in Rule 18-20.002 Boundaries and Scope of the
18-20.002, Floridia Administrative Code, were Preserves.
established for the purpose of being preserved in an (1) These rules shall only apply to those
essentially natural or existing condition so that their sovereignty lands within a preserve, title to which is
aesthetic, biological and scientific values may vested in the board, and those other lands for which
endure for the enjoyment of future generations the board has an appropiate instrument in writing,
(3) The preserves shall be administered and executed by the owner, authorizing the inclusion of
managed in accordance with the following goals: specific lands in an aquatic preserve pursuant to
(a) To preserves shall be administered and Section 2(2) of Chapter 73-534, Laws of Floridia
exceptional areas of soverignty submerged lands by Sections 258.40(1) and 258.41(5), Floridia Statutes
reasonable regulation of human activity within the future aquatic preserves established through
preserves through the development and general or special acts of the legislature and
implementation of a comprehensive management pursuant to Rule 18-20.008 Floridia
program; Administrative Code. Any publicity owned and
(b) To protect and enhance the waters of the maintained navigators channel authorized by the
preserves so that the public may continue to enjoy United States Congress or other public works
the traditional recreational uses of those waters such project to improve or maintain commerce and
as swimming, boating, and fishing; designed to improve or maintain commerce and
navigation shall be deemed to be excluded from the
107

(R. 3/7)
18-20.002 INTERNAL IMPROVEMENT TRUST FUND V. 9, P. 692-2P

provisions of this chapter, pursuant to Subsection 181, pages .363-366, and In the Official Records of
258.40(2), Florida Statutes. Furthermore, all lands Flagler County in Book 33, pages 131-134.
lost by avulsion or by artificially Induced erosion 4. Tomoka Marsh Aquatic Preserve, as
shall be deemed excluded from the provisions of this described in the Official Records of Flagier County
chapter pursuant to Subsection 258.40(3), Florida in Book 33. pages 135-138, and in the Official
Statutes. Records of Volusia County in Book 1244, pages
(2) These rules do not apply to Boca Ciega Bay, 615-618.
Pinellas County or Biscayne Bay Aquatic 5. Wekiva River Aquatic Preserve. as described
Preserves. in Section 258.39(30). F.S.
(3) These rules are promulgated to clarify the 6. Mosquito Lagoon Aquatic Preserve as
responsibilities of the board in carrying out its land described in the Official Records of Volusia County
management functions as those functions apply in Book 1244, pages 619-623, and in the Official
within the preserves. Implementation and Records of Brevard County in Book 1143, pages
responsibility for environmental permitting of 190-194.
activities and water quality protection within the 7. Banana River Aquatic Preserve, as described
preserves are vested in the Department of in the Official Records (if Brevard County in Book
Environmental Regulation. Since these rules are 1143, pages 195-198. less those lands dedicated it)
considered Cumulative with other rules, a person the U. S. A. prior to the enactment of the act, until
planning an activity within the preserves should such time as the U.S.A. no longer wishes to
also consult the other applicable department rules maintain such lands for the purpose for which they
(Chapter 18-21, Florida Administrative Code, for were dedicated, it which time such lands would
example) as well as the rules of the Department of revert it to the Board. and he managed as part of the
Environmental Regulation. preserve.
(4) Thew rules shall not affect previous actions 8. Indian River - Malabar to Sebastian
of the board concerning the issuance of any Aquatic Preserve, as described in the Official
Records (if Brevard County in book 1143 pages
casement or lease; or any disclaimer concerning
sovereignty lands. 199-202,and in the Official Records is Indian
(5) The intent and specific provisions expressed River County in Book 368 pages 5-8.
in 18-20.001(e) and (f) apply generally to all 9. Indian River - Vero Beach to Fort Pierce
existing or future aquatic preserves within the scope Aquatic Preserve as described in the Official
of this chapter. Upon completion of a resource Records of Indian River County in Book 368, pages
inventory and approval of a management plan for a 9-12, and in the Official Records or St. Lucie
preserve, pursuant to 18-20.013, the type County in Book 187, Pages 1083-1086.
designation and the resource sought to be preserved 10. Jensen Beach to jupiter Inlet Aquatic
may be readdressed by the Board. Preserve, as described in the Official Records of St.
(6) For the purpose of clarification and Lucie County in Book 218, pages 2865-2869.
interpretation, the legal description set forth as 11. North Fork, St. Lucie Aquatic Preserve. as
follows do not include any land which is expressly described in the 0fficial Records of Martin County
recognized as privately owned upland in a in Book 337, pages 2159-2162 and in the Official
pre-existing recorded mean high water line Records of St. Lucie County in Book 201, pages
settled agreement between the board and a 1676-1679.
private owner or owners. Provided, however, in 12. Loxahalchee River - Lake Worth Creek
those instances wherein a settlement agreement was Aquatic Preserve, as described in the Official
executed subsequent to the passage of the Florida Records of Martin County in Book 320, pages
Coastal Mapping ACL, the determination or the 193-196, and in the Official Records of Palm Beach
mean high water line shall be in accordance with the County in Volume 1860, pages 806-809.
provisions of such act. 13. Biscayne Bay - Cape Florida to Monroe
(7) Persons interested in obtaining details or County Line Aquatic Preserve, as described in the
particular preserves should contact the Bureau of Offcial Records of Dade County in Book 7055,
State Lands Management, Department or Natural pages 852-856, less, however, those lands and
Resources, 3900 Commonwealth Blvd., waters as described in Section 258.165, F. S.,
Tallahassee, FL 3Z303 (telephone 904-488-2297). (Biscavne Bay Aquatic Preserve Act of 1974), and
(a) The preserves are described as follows: those lands and waters within the Biscayne
1. Fort Clinch State Park Aquatic Preserve, as National Park.
described in the Official Records or Nassau County 14. Lignumvitae Key Aquatic Preserve, as
in Book 108, pages 343-346, and in Book 111, page described in the Official Records of Monroe County
409. in Book 502, pages 139-142.
2. Nassau River - SL Johns River Marshes 15. Coupon Bight Aquatic Preserve, as
Aquatic Preserve, as described in the Official described in the Official Records Official Monroe County
Records of Duval Countv in Volume 3183, pages in Book 502, pages 143-146.
547-552, and in the Official Records or Nassau 16. Cape Romano - Ten Thousand Islands
County in Book 108, pages 223-237.
. Aquatic Preserve, as described in the Official
3. Pellicer Creek Aquatic Preserve, as described Records of Collier County in Book 381, pages
in the Official Records of St. Johns County in Book 298-301.

108

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

17. Rookery Bay Aquatic Preserve, as described in Section 258.39(31),Fs.18. Estero Bay Aquatic Preserve as described in
Section 258.39(28),Florida States.19 Pine Island Preserves as described in the Official Records of Lee County in Book 648,
pages 732-736.20. Matlcha Pass Aquatic preserve, as described in the Official Records of Lee County in Book 800, pages 725-
728.21.Gasparilla Sound- Charolotte harbor Aquatic Preserve as described in Section 258.392, F.S. 22.Cape Haze Aquatic
Preserve , as described in Section 258.39(29).F.S.23. Cockroach Bay Aquatic Preserve, as described in Section 258.391 F.S.
24. St. Martins Marsh Aquatic Preserve, as described in the Official Records of Cirus County in Book 276, pages 238-241.
25.Alligator harbor Aquatic Preserve, as described in the Official Records of Franklin County in Book 46, pages 82-85.26.
Apalachicola Bay Aquatic Peserve, as described in the Official Records of Gulf County in Book 46 page 77-81, and in the
Official Records of Franklin County in Volume 98,pages 102-106.27.St. Joseph bay Aquatic preserve, as described in the
Official Records of Gulf County in Book 46, pages 73-76.28.St. Andrews State Park Aquatic Preserve, as described in the
Official Records of bay County in Book, 379 pages 547-550.29.Rocky bayou State Park Aquatic Preserve,as descibed in the
Official Records of Santa Rosa County in Book 593, pages 742-745.30. Yellow River marsh Aquatic Preserve, as described in the
Official Records of Santa Rosa County in Book 206, pages 568-571.31.Fort Pickens State park Aquatic Preserve, as described in
the Official Records of Santa Rosa County in Book 220, pages 60-63, in the Official Records of Escambia County in Book 518,
pages 659-662, less the lands dedicated to the U.S.A. for the establishment of the Gulf Islands National Seashore prior to
the enactment of the act, until such time as th U.S.A. no longer wishes to maintain such lands for the purpose for which they
were dedicated, at which time such lands would revert to the board and be managed as part of the preserve.32. For the purpose
of this section the boundaries of the Lake jackson Aquatic Preserve, shall be the body of water in Leon County known as Lake
Jackson in Sections 1,2,3,5,10,11 and 14, Township 1 North,Range 1 West and Sections 11,12,13,14,15,21,22,23,26,27,28,29,32,
33,34,and 35, Township 2 North, Range 1 West lying below the ordinary high water line.Such lands shall include the submerged
bottom lands and the watercolumn upon the lands, as well as all publicly owned islands,within the preserve.Any privately held
upland within the boundraries of the preserve sahll be deemed to be excluded therefrom;provided that the Board may negotiate
an arrangement with any such private upland owner by which such land may be included in the preserve.33.Terra Ceia Aquatic Preserve
as described in Section 258.393, Florida Statutes.34.Future aquatic preserves established pursuant to general or special
acts of legislature.Specific Authority 120.53,258.43(1) FS law Implemented 258.39,258.391,258.392,258.393,258.40,258.41
258.42,258.43,258.45 FS History- New 2-23-81, Amended 8-7-85. Formerly 16Q-20.02,Transferred from 16Q-20.002.18-20.003 Definition
When used in these rules the following words shall have the indicated meaning unless the context clearly indicates otherwise:
(1)"Act" means the provision of Section 258.35 through 258.46,F.S.,the Florida Auatic Preserve Act.(2)"Activity"means
any project and such other human action within the preserve requiring board approval for the use,sale,lease or transfer of intrest
in sovereignty lands or materials, or which may require a license from the Department of Enviromental Regulation.(3)"Aesthetic
values" means scenic characteristics or amenities of the preserve in its essentially natural state or condition, and the
maintenance thereof.(4)"Applicant" means any person making application for a permit, license,conveyence of an interest in state
owned lands or any other necessary form of governmental approval in order to perform an activity within the preserve.(5)
"beneficial biological functions" means interaction between flora, fauna and physical or chemical attribute of the environment
which provide benefits that accur to the public at large,including,but not limited to;nutrient,pesticide and conversion to biomass;
nutrient recycling and oxygenation.(7)"Beneficial hydrological functions" means interactions between flora, faunas and physical
gewological or geographical attributes of the environment, which provide benefits that accure to the public at large,including
,but not limited to:retardation of storm water flow; storm waterretention;and storm water storage, and periodical release;
(7)"Biological values" means the preservation and promotion of indigenous life forms and habitats including,but not limited to :spoonges
,soft corals,hard corals,submerged grasses,mudflats,marine,estuarine,and aquatic reptiles,games and nongame fish species
marine,estuarine,and aquatic mammals , marine , estuarine, and aquatic invertebrates,birds and shellfish.(8)"Board" means the Governor
and the Cabinet sitting as the Board of Trustees of the Internal Improvment Trust Fund.(9)"Channel" means a trench, the bottom
of which is normally covered entirely by water, with th upper edges of its sides normally below water.

(R.3/87)

18-20.003 INTERNAL IMPROVEMENT TRUST FUND

(10) "Commercial, industrial and other revenue (22) "PRESERVE" MEANS ANV AND ALL OF THOSE AREAS
generating/income related docks" means docking which are exceptional areas of sovereigniv lands
facilities for an activity which produces income. and the associated water body designated in
through rental or any other means, or which serves Section 258.39. 258.391. and 258.392 F.S..
as an accessory facility to other rental, commercial including all sovereignty lands, title in which is
or industrial operations. It shall include. but not be vested in the board, and such tither lands as the
limited to docking for: marinas, restaurants, hotels, inward in may require approve for inclusion, and the
motels, commercial fishing, shipping, boat or ship water column over such lands. which have been set
construction, repair, and sales. aside to be maintained in an essential natural or
(11) "Department" means the State of Florida existing condition of indigenous flora and fauna and
Department of Natural Resources, as administrator their supporting habitat and the natural scenic
for the board. qualities;and amenities thereof.
(12) "Division" means the Division of State (23)Private residential single dock means a
Lands, which performs all staff duties and functions dock which is used for private, recreational tar
related to the administration of lands title to which leisure purposes. for a single family resinericc.
is. or will be, vested in the board. pursuant to section cottage or father such single dwelling antiquated which
253.002- F.S. is designed to moor no more than two baiats.
(13) "Dock" means a fixed or floating structure. (24) - Private resident multi-slip dock means
including moorings, used for the purpose of a docking facility which is used- for private
berthing buoyant vessels either temporarily or recreational or leisure purposes for multi -unit
indefinately. residential dwellings which shall include but is not
(14) "Essentially natural condition" means limited to condominiums. townhouses. subdivisions
those functions which support the continued and tither such dwellings or residential areas and
existence or encourage the restoration of the diverse which is designed it) moor three or more boats.
population of indigenous life forms and habitats to Yacht clubs associated with residential
the extent they existed prior to the significant developments. whose memberships or utilization of
development adjacent to and within the preserve. the dunking facility requires some real
property
(15) "Extreme hardship" means a significant interest in the residential area. shall also he
burden, unique to the applicant and not shared by .included.
property owners in the area. Self-imposed (25) -Public interest" means demonstrable
circumstances caused to any degree by actions of any environmental, social, and economic bebefits which.
person subsequent to the enactment of the Act shall would accrue the public at large as a result (if a
not be construed as an extreme hardship. Extreme propiosed action, and which would clearly exceed all
hardship under this act shall not be construed to environmental, social, and economic
include any hardship which arises in whole or in costs of the proposed action. In determining the
part from the effect of other federal, state or local public interest in a request for use, sale, lease. or
laws. ordinances, rules or regulations. The term transfer or interest in sovereignty lands or severance
may be inherent in public projects which are shown of materials from sovereignty lands, the board shall
to be a public necessity. consider the ultimate proposed and purpose in be
(16) -Fill- mans materials from any source, served by said use, sale, lease. or transfer of lands or
deposited by any means onto sovereignty lands, materials.
tither for the purpose of creating new uplands or for (26) "Public navigation project" means a project
any other purpose, including spoiling of dredged primarily for the purpose of navigation which is
material.s. For the purpose of this rule, the authorized and funded by the United States
placement of pilings or riprap shall not be Congress or by port authorities as defined by
considered to be filling. Section 315.02(2). F.S.
(17) "Lease" means a conveyance of interest in (27) "Public necessity" means the works or
Lands, title to which is vested in the board, granted in improvements required for the protection of the
accordance with specific terms set forth in writing. health and safety of the public, consistent with the
(18) "Marina" means a small craft harbor Act and these rules, for which no other reasonable
complex used primarily for recreation. alternative exists.
(19) "Oil and gas transportation facilities" (28) "Public Utilities" means those services,
means those structures necessary for the movement provided by persons regulated by the Public Service
of oil and gas from the production site it) the Commission, or which are provided by rural
consumer. cooperatives, municipalities, or Other governmental
(20) "Person" means individuals, minors, agencies, including electricity, telephone, public
partnership corporations, joint ventures, estates water and wastewater services, and structures
trusts, syndicates, fiduciaries, firms and all other reserved for the provision (if these services.
associations and combinations, whether public or (29) "Quality of the preserve" means the degree
private, including governmental entities. of the biological. aesthetic and scientifc values of the
(2812) "Pier" means a structure in, on, or over preserve necessary for present and future enjoyment
sovereignty lands, which is used by the public (if it in an essentially natural condition.
primarily for fishing, swimming, or viewing the (30) "Resource ,amage,emt agreement "means a contractural agreement

preserve. A pier shall not. include a dock. a contractual agreement between the board and one

110

V.9, P. 692-25 FLORIDA AQUATIC PRESERVES (R.3/87)
18-20.004
or more parties which does not create an interest in water and where the use of the water or sovereignty
real property but merely authorities conduct of lands is an illegal part of the activity.
certain management activities on lands held by the Specific Authority 258.43 (1) FS. Law implemented
board. 258.37.258.43 (1) FS. History-New 2-25-81. Amended
(31) "Resource Protection Area (RPA) 1"- 8-7-85. Formerly 16q-20.03 Transferred from
Areas within the aquatic preserves which have 18-20.004 management Policies, Standards
resources of the highest quality and condition for and criteria. The following management policies,
that area. These resources may include, but are not standards and criteria are supplemental to Chapter
limited to corals; marine grassbeds; mangrove 18-21, Florida Administrative Code (Sovereignty
swamps: salt water marsh; oyster bars; Submerged Lands Management0 and shall be
archaeological and historical sites; endangered or utilized in determining whether to approve.
threatened specied habitat; and, colonial water bird request for activities on soverignty lands in
nesting sites. aquatic preserves.
(32) "resource Protection Area 2" - Areas (1) GENERAL PROPRIETARY
within the aquatic preserves which are in transition (a) In determining whether to apprive or deny
with either declinig resource protection area 1 any request the Board will evaluate each on a
resources or new pioneering resources within case by case basis and weigh any factors relevant
resource protection area 3. under Chapter 253 and/or 258. Florida Statutes.
(33) "Resource Protection Area 3"-Areas The Board, acting as Thustiees for all state-owned
within the aquatic preserve that are characterized lands, reserves the right to approve, modify or rejec5t
by the absence of any significant natural resource any proposal.
attributes. (b) There shall be no further sale, lease or
(34)"Riparian rights" means those rights transfer of sovereignty lands except when such sale,
incident to lands bordering upon navigable waters, lease or transfer is in the public interest (see Section
as recognized by the courts of this state and common 18-20.004(2) Public Interest Assessment Criteria).
law. (c) There shall be no construction of sewalls
(35) "Sale" means a conveyance of interest in waterward of the mean or ordinary high water line
lands, by the board for consideration. or filling waterward of the mean or ordinary high
(36) "Scientific protection structure" means a type water line except in the case of public road and
and promotion of certain qualities or features which bridge projects where no reasonable alternative
have scientific significance. exists.
(37) "Shore protection structure" , means a type (d) There shall, in no case, be any dredging
of coastal construction includes sany work waterward of the mean or ordinary hogh water line
effect on existing coastal conditions or natural shore for the sole or primary purpose of providing fill for
processes. any area landward of the mean or ordinary high
(38) "Soverignty lands" means those lands water line.
lncluding, but not limited to: tidal lands, islands, (e) A lease, easement or consect of use may be
sandbars, shallow banks, and lands waterward of authoriized only for the following activities:
the ordinary or mean highwater line, to which the 1. a public navigation project;
State of Florida acquired title on March 3, 1945, by 2. maintenance of an existing navigational
virtue of statehoodk and of which it has not since channel;
divested its title interest. Fir the purposes of this 3. installation or maintenance of approved
rule sovereignty lands shall include all submerged navigational aids;
lands within the boundaries of the preserve, title to 4. creation or maintenance of a
which is held by the board. commercial/inductrial dock pier or a marina;
(39) "Spoil" means materials dredged from 5. creation or maintenance of private docks for
sovereignty lands which are redeposited or reasonable ingress and egress of reparian owner;
discarded by any means, onto either sovereignty 6. minimum dredging for navigation channels
lands or uplands. attendant to docking facilities;
(40) "Transfer" means the act of the board by 7. creation or maintenance of a shore protection
which any interest in lands, including easements, structure;
other than sale or lease, is conveyed. 8. installation or maintenance of oil and gas
(41) "Utility of the preserve" means fitness of transportation facilities;
the preserve for the present and future enjoyment of 9. creation, maintenance, replacement or
its biological, aesthetic and scientific values, in an expansion of facilities required for the provision of
essentially natural condition. public utilities; and
(42) "Water dependent activity" means an 10. other activities which are a public necessity
activity which can only be conducted on,in,over,or or which are necessary to enhance the quality or
adjacent to, water areas because the activity utility of the preserve and which are consistent with
requires direct access to the water body or the act and this chapter.
sovereignty lands for transportation, recration, (f) For activities listed in paragraphs
energy production or transmission, or source of 18-20.004(1)(e)1.--10.above,the activity shall be

111

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

designed so that the structure or structure to be
built in, on or overs sovereignty land sare limited to
structures necessary to conduct water dependent
activities.
(g) For activities listed in paragraphs
18-20.004(1)(e)7..8..9. and 10. above, it must be
demonstrated that no other reasonable alternative
exists which would allow the proposed activity to be
constructed or undertaken outside the preserve.
(h) The use of state-owned lands for the purpose
of providing private or public road access to islands
where such access did not previously exist shall be
prohibited. The use of state-owned lands for the
purpose of providing private or public water supply
to islands where such water supply did not
previously exist shall be prohibited.
(i) Except for public navigation projects and
maintenance dredging for existing channels and
basins, any areas dredged to improve or create
navigational access shall be incorporated into the
preempted area of any required lease or be subject to
the payment of a negotiated private easement fee.
(j) Private residential multi-slip docking
facilities shall require a lease.
(k) aquaculture and beach renourishment
activities which comply with the standards of this
rule chapter and Chapter 18-21, Florida
Administrative Code, may be approved by the
board, but only subsequent to a formal finding of
comaptibility with the purposes of Chapter 258.
Florida Statutes and rule this chapter.
(l) Other uses of the preserve, or human activity
within the preserve, although not originally
contemplated, may be aproved not originally
contemplated, may be approved by the board, but
only subsequent to a formal finding of compatibility
with the purposes of Chapter 258, Florida Statutes,
and this rule chapter.
(2) PUBLIC INTEREST ASSESSMENT
CRITERIA
In evaluating requests for the sale, lease or
transfer of interest, a balancing test will be utilized
to determine whether the social, economic and/or
environmental benfits clearly exceed the costs.
(a) GENERAL BENEIFT/COST CRITERIA
1. any benefits that are balanced against the
costs of a particular project shall be realted to the
affected aquatic preserve;
2. in evaluating the benefits and costa of each
request, specific consideration and weight shall be
given to the quality and nature of the specific
aquatic preserve. Projects in the less developed,
more pristine aquatic preserves such as
Apalachicola Bay shall be subject to a higher
standard than the more developed urban aquatic
preserves such as Boca Ciega Bay; and,
3. for projects in aquatic preserves with adopted
management plans, consistency with the
management plan will be weighted heavily when
determining whether the project is in the public
interest.
(b) BENEFIT CATEGORIES:
1. public access (public boat ramps, boatslips,
etc);
2. provide boating and marina servies (repair,
pumpout, etc);
3. improve and enhance public health, safety,
welfare, and law enforcement;
4. improve public land management;
5. improve and enhance public navigation;
6. improve and enhance water quality;
7. enhancement/restoration of natural habitat
and functions; and
8. improve/ protect
endangered/threatened/unique species.
(e) COSTS:
1. reduced/degraded water quality;
2. reduced/degraded natural habitat and function;
3. destruction, harm or harassment of
endangered or threatened species and habitat;
4. preemption of public use;
5. increasing navigational hazards and
congestion;
6. reduced/degraded aesthetics; and
7. adverse cumulative impacts.
(d) EXAMPLES OF SPECIFIC BENEFITS:
1. donation of land, conservation easements,
restrictive covenants or other title interest in
or contiguous to the aquatic preserve which will
protect or enhance the aquatic preserve;
2. providing access or facilities for public
land management activities;
3. providing public access easements and/or
facilities, such as beach access, boat ramps, etc.;
4. restoration/enhancement of altered habitat or
natural functions, such as conversion of vertical
bulkheads to riprap and/or vegetation for shoreline
stabilization or re-establishment of shoreline or
submerged vegetatioin;
5. improving fishery habitat through the
establishment of artificial reefs or other such
projects, where appropriate;
6. providing sewage pumpout facilities where
normally not required, in particular, facilities opens
to the general public;
7. improvements to water quality such as
removal of toxic sediments, increased flushing and
circulation, etc.;
8. providing upland dry storage as an alternative
to wetslip; and
9. marking navigation channels to avoid
disruption of shallow water habitats.
(3) RESOURCE MANAGEMENT
(a) All proposed activities in aquatic preserves
having management plans adopted by the Board
must demonstrate that such activities are consistent
with the management plan.
(b) no drilling of oil gas or other such wells
shall be alowed.
(c) Utility cables, pipes and other such
structures shall be constructed and located in a
manner that will cause minimal disturbance to
submerged land resources such as oyster bars and
submerged grass beds and do not interfere with
traditional public uses.
(d) Spoil disdposal within the preserves shall be
strongly discouraged and may be approved only
112

M 9189)
V. 9, p. 692-2U FLORMA AQUAMC PRESERVES 19-20.004

structures shall be constructed and located in a 3. the dock will extend out from the shoreline on
manner that will cause minimal disturbance to further than to a maximum depth of minus four
submerged land resources such as oyster bars and - 4) feet (mean law water);
submerged grass beds and diro rum interfere with 4. when the water depth is minus four 4) feet
traditional public uses, (mean low water) at an existing bulkhead the
W Spisil disposal within the preserves shall be maximum dock length from the bulkhead shall be
strongly discouraged and may be approved cmiy 25 feet, subiect to nrondifications accommodating
where the applicant has demimstraled that there is shoreline vegetation twerhang;
no other reasonable alternative and that activity S. wave break devices, when necessary, shall . be
may be beneficial in, or at a minimum. no( harmful designed to allow for maximum water circulation
to the quality and utility of the preserve. and shall be built in such a manner as to be pan or
(4) RIPARIAN RIGHTS the dock structure;
(a) None of the provisions or this rule shall be 6. terminal platform size shall be no more than
implemented in a manner that would unrtasnnably i6o square feet; and
infringe upon the traditional. common law and 7. dredging to obtain navigable water depths in
statutory riparian rights of upland riparian conjunction with private residential, single dock
property owners adjacent so sirvereignty lands. applications is strongly discouraged.
(b) The evaluation and determination of the (c) Private residential multi-slip docks shall
reasonable riparian rights of ingress and egress for cypniorm to the following specific design standards
private, rve-sitictitial muiti-slip docks shall be based and criteria:
upon the number of linear feet of riparian shoreline. 1. the area or sovereignty, submerged land
(c) For the purposes or this rule, a private, preempted by the docking facility shall not exceed
residential, single docking facility which mects all the scluare footage amounting to ten times the
the requirements or Rule 18-20.004(5) shall be riparian waterfront footage of the affected
deemed to meet the public interest requirements of waterboady of the applicant, or the square footage
Rule 18-20.004(l)(b), Florida Administrative attendant to providing a single dock in accordance
Code. However, the applicants for such docking with the criteria for private residential single docks,
facilities must apply for such consent and must meet whichever is greater. A conservation casement or
all or the requirements and standards of this rule other such use restriction acceptable to the Board
chapter. must be placed an the riparian shoreline, used for
(5) STANDARDS AND CRITERIA FOR thecaicuLationoftht:10:1 threshold, to conserve and
DOCKING FACILITIES protect shoreline resources and subordinate/waivc
. (a) All docking facilities, whether for 2 single or any further riparian rights or ingress and egress for
multi-S4 residential or commercial. shall be additional docking facilities;
subject, to the following standards and criteria: 2. docking facilities and access channels shall be
1. no dock shall extend waterward or the mean prohibited in Resource Protection Area I or 2,
or ordinary high water line more than 500 feet or 20 except as allowed pursuant to Section
pe. cc. t of the width or the waterbody at that 258.42(3)(c)l.. Florida Statutes, while dredging in
particular location whichever is less; Resource Protection Area 3 shall be strongly
2. certain docks may fall within areas of special discouraged;
or unique importance. These areas may be of 3. docking facilities shall only be approved in
significant biological, scientific, historic and/or locations having adequate existing water depths in
aesthetic value and require special management the boat mooring, turning basin, access channels,
considerations. Modifications may be more and other such areas which will accommodate the
restrictive than the normally accepted criteria. Such proposed boat use in order to insure that a minimum
modifications shall be determined on a case-by-case of one [not clearance is provided between the deepest
analysis, and may include, but shall not be limited to draft of a vessel and the bottom at mean low water,
changes in location, configuration, length, width A. main access docks and connecting or crass
and height; walks shall not exceed six (6) feet in width;
3. the number, lengths. drafts and types of S. terminal platforms shall not exceed eight (8)
vessels allowed to, utilize the proposed facility may feel in width;
also be stipulated; and 6. ringer piers shall not exceed three (3) feet in
4. where local governments have more stringent width, and 25 feet in length;
standards and criteria for docking facilities, the 7. pilings may be utilized as required to provide
more stringent standards. (or the protection and adequate mooring capabilities; and
enh2ncemcni of the aquatic preserve shall prevail. 8. the following provisions nr Rule
(b) Private residential single docks shall 18-20.004(5)(d) shall also apply to private
conform to the following specific design standards resit(icniial multi-slip d(icks.
and criteria: (d) Commercial, industrial and other revenue
1. any main access dock shall be limited to a generMing/inLome related docking facilities shall
maximum width of four (4) feet; conform in the following specific design standards
Z. the dock decking design and construction will and criteria:
.insure maximum light penctratior, with full 1. docking facilities shall only be located in or
consideration of safety and practicality; near areas with geZ circulatio'n, flushing and
adequate water depths;

113

(R.9/88)
18-20.006 INTERNAL IMPROVEMENT TRUST FUND V.9,P. 692-2V

2. docking facilities and access channels shall be Cockroach Bay April 21, 1987
prohibited in Resource Protection Area I or 2, Estero Bay September 6, 1983
except as allowed pursuant to Sections Charlotte Harbor
258.42(3)(e)l., Florida Statutes; while dredging in (Cape Haze,
Resource Protection Area 3 shall be strongly Gasparilla
discouraged, Sound-Charlotte
3. the docking facilities shall not be located in Harbor, Matlacha
Resource Protection Area 1 or 2; however, main Pass and Pine Island
access docks may be allowed to pass through Sound) May 18, 1983
Resource Protection Area I or 2. that are located Indian River-Malabar January 21, 1986
along the shoreline, to reach an acceptable Resource to Vero Beach
Protection Area 3, provided that such crossing will Indian River Lagoon
generate minimal environmental impact; (Vero Beach to Fort
4. beginning July 1, 1986 new docking facilities Pierce and Jensen
may obtain a lease only where the local governments Beach to Jupiter
have an adopted marina plan and/or policies Inlet) January 22, 1985
dealing with the siting of commercial/industrial Loxahatchee
and private, residential. multi-slip docking facilities River-Lake: Worth
in their local government comprehensive plan; Creek June 12, 1984
5. the siting or the docking facilities shall also Nassau River-St.
take into account the access of the boat traffic to Johns River Marshes
avoid marine grassbeds or other aquatic resources in and,Fort Clinch
the surrounding areas; State Park April 22, 1986
6. the siting of new facilities within the preserve North Fork of the St.
shall be secondary to the expansions of existing Lucie River May 22, 1984
facilities within the preserve when such expansion SL Joseph Bay June 2, 1987
is consistent with the other standards; SL Martins Marsh September 9, 1987
7. the location of new facilities and expansion or Terra Ceia April 21, 1987
existing facilities shall consider the use of upland Wekiva River August 25, 1987
dry storage as an alternative to multiple wet-slip Specific Authority 258.43(1) FS. Law implemented
docking; 258.41, 258.42 258.43(l), 258.44 FS. History--New
8. marina siting will be coordinated with local 2.25-81. amended 8-7-85, Formely 16Q-20.004,
governments to insure consistency with all local Transferred from 16Q-20.004, Amended 9-4-88.
plans and ordinances; 18-20.005 Uses, Sales, leases or Transfer of
9. marinas shall not be sited within state Interests in Lands, or materials, Held by the
designated manatee sanctuaries; and Board.
10. in any areas with known manatee Specific Authority 258.43(l) FS. Law implemented
concentrations, manatee warning/notice and/or 253.O2 253.12. 258.42 FS. history--new 2-25-81,
speed limit signs shall be erected at the marina Repealed 8-7-85. Formerly, 16Q-20.05, Transferred from
and/or ingress and egress channels, according to 16Q-20.005.
Florida Marine Patrol specifications. 18-20.006 Cumulative Impacts. In evaluating.
(c) Exceptions to the standards and criteria applications for activities within the preserves or
listed in Rule 18-20.004(5), Florida Administrative which may impact the preserves, the department
Code, may be considered, but only upon recognizes that, while a particular alteration of the
demonstration by the applicant that such exceptions preserve may constitute a minor change, the
are necessary to insure reasonable riparian ingress cumulative effect of numerous such changes often
and egress. results in major impairments to the resources of the
(6) MANAGEMENT AGREEMENTS preserve. Therefore, the department shall evaluate
The board may enter into management a particular site for which the activity is proposed
agreements with local agencies for the with the recognition that the activity may, in
administration and enforcement of standards and conjunction with other activities adversely affect the
criteria for private residential single docks. preserve which is part of a complete and interrelated
(7) In addition to the policies, standards and system. The impact of proposed activity shall be
criteria delineated in subsections (1) through (6), considered in light of its cumulative impact on the
the provisions of the following management plans preserve's natural system. The department shall include as a part of its evaluation of an activity:
incorporated herein by reference. Where regulatory (1) The number and extent of similar human
criteria in 18-20, F. A. C., may differ with specific actions within the preserve which have previously
policies in the management plans listed herein, the affected or are likely to affect the preserve, whether
general rule criteria shall prevail. considered by the department under its current
Date Adopted authority or which existed prior to or since the
Alligator Harbor September 23, 1986 enactment of the Act; and
Banana River September 17, 1985 (2) The similar activities within the preserve

114

(R.9/88)
V.9,p. 692-2W FLORIDA AQUATIC PRESERVES 18-20.012

which are currently under consideration by the
department: and
(3) Direct and indirect effects upon the preserve
and adjacent preserves, if applicable, which may
reasonably be expected to result from the activity;
and
(4) The extent to which the activity is consistent
with management plans for the preserve, when
developed; and
(5) The extent to which the activity is
permissible within the preseve 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;
(6) The extent to which the loss of benefiical
hydrological and biologic functions would adversely
impact the quality or utility of the preserve; and
(7) The extent to which mitigation measures
may compensate for adverse impacts.
Specific Authority 256.43(1) FS. Law Implenmented
258.36. 258.43. 258.44 FS. history--New 2-25-81,
Formerly 16Q-20.06, Transferred from 16Q-20.006.

18-20.007 Protection of Riparian Rights.
Specific Authority 258.43(1) FS. law implemented
258.123.258.124(8).256.44 FS. History--New 2-25-81.
Repealed 6-7-85. Formerly 16Q-20.7. Transferred from
16Q-20.007.

18-20.008 Inclusion of Lands, Title to Which
Is Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which are within
designated aquatic preserve boundaries, or adjacent
thereto and whcih are owned by other governmental
agencies, may be included in an aquatic preserve
upon specific authorization for inclusion by an
appropriate insttrument in writing executed by the
agency.
(2) Lands and water bottoms which are within
designated aquatic preserve boudaries or adjacent
therto, and which are in private ownership, may be
included in a n aquatic preserve upon specific
authorization for inclusion by an appropriate
instrument in writing executed by the owner.
(3) The appropriate instrument shall be either a
dedication in perpetuity, or a lease. Such lease shall
contain the following conditions:
(a) The term of the lease shall be for a minimum
period of ten years.
(b) The board shall have the power andy duty to
enforce the provisions of each lease agreement, and
shall additionally have the power to terminate any
lease if the termination is in the best interest of the
aquatic preserve system, and shall have the power to
include such lands in any agreement for
management of such lands.
(c) The board shall pay nomore than $1 per year
for any such lease.
Specific Authority 258.43(1) FS. Law Implemented
258.40.256.41 FS. History--New 2-25-81, Formerly
16Q-20.08, Transferred from 16Q-20.008.
18-20.009 Establishement or Expansion of
Aquatic Preserves.
(1) The board may expand existing preserves or
establish additional areas to be included in the
aquatic preserve system, subject to confirmation by
the legislature.
(2) The board may, after public notice and
public hearing in the county or counties in which the
proposed expanded or new preserve is to be located,
adopt a resolution formally setting aside such areas
to be included in the system.
(3) The resolution setting aside an aquatic
preserve area shall include:
(a) A legal description of the area to be included.
A map depicting the legal description shall also be atached.
(b) The designation of the type of aquatic preserve.
(c) A general staement of what is sought to be
preserved.
(d) A statement that the area established as a
prserve shall be subject to the management criteria
and directives of this chapter.
(e) A directive to develop a natural resource
inventory and a management plan for the area being
established as an aquatic preserve.
(4) Within 30 days of the designation and
establishment of an aquatic preserve, the board
shall record in the public records of the county or
counties in which the preserve is located a legal
description of the preserve.
Specific Authority 258.43(1) FS. Law Implemented
258.41 FS. HIstory--New 2-25-81, Formerly 16Q-20.09,
Transferred from 16Q-20.009.

18-20.010 Exchange of lands. The board in its
discretion may exchange lands for the benefit of the
preserve, provded that:
(1) In no case shall an exhange result in any
land or water area being withdrawn from the
preserve; and
(2) Exchanges shall be in the public interest and
shall maintain or enhance the quality or utility of
the preserve.
Specific Authority 258.43(1) FS. Law Implemented
258.41(5), 258.42(1) FS. History--New 2-25-81,
Formerly 16A-20.10, Transferred from 16Q-20.010.
18-20.011 Gifts of Lands. The board in its
discretion may accept any gifts of Lands or interests
in lands within or contiguous to the preserve to
maintain or enhance the quality and utility of the
preserve.
Specific Authority 258.43(1) FS. Law Implemented
258.42(5) FS. History--New 2-25-81, formerly
16Q-20.11, Transferred from 16Q-20.011.

18-20.012 Protection of indigenous Life
Forms. The taking of indigenous life forms for sale
or commercial use is prohibitied, except that this
prohibition shall not extend to the commercial
taking of fin fish, crustacea or mollusks, except as
prohibited under applicable laws, rules or
regulations. Members of the public may exercise
their rights to fish, so long as not contrary to other
statutory and regulatory and regulatory provisions controlling such
activities.
Specific Authority 258.43(1) FS. Law Implemented
258.43(1) FS. History--New 2-25-81, Formerly
16Q-20.12, TRansferred from 16Q-20.012
115

(R.9/88)
18-20.017 INTERNAL IMPROVEMENT TRUST FUND V.9, p.692-2X
18-20.013 Development of Resource 18-20.017 Lake Jackson Aquatic Preserve. In
Inventories and Management Plans for addition to the provisions of Rules 18-20.001
Preserves. through 18-20-016, the following requirements
(1) The board authorizes and directs the division shall also apply to all proposed activities within the
to develop a resource inventory and management Lake Jackson Aquatic Preserve. If any provisions of
plan for each preserve. this Rule are in conflict with any provisions or Rules
(2) The division may perform the work to 18-20.001 through 18-20.016 or Chapter 73-534.
develop the inventories and plans, or may enter into Laws of Florida, the stronger provision for the
agreements with other persons to perform the work. protection or enhancement of the aquatic preserve
In either case, all work performed shall be subject to shall prevail.
board approval. (1) No further sale, transfer or lease of
Specific Authority 256.43(1) FS.Law Implemented sovereignty lands in the preserve shall be approved
253.03(7). 253.03(8) FS. History-New 2.25-81. or consummated by the Board, except upon a
Amended 8-7-85, Formerly 16Q-20.13. Transferred from showing of extreme hardship on the pan of the
16Q-.20.013. applicant or when the board shall determine such
18-20.014 Enforcement. The rules shall be sale, transfer or lease to be in the public interest.
enforced as provided in Section 258.46. (2) No further dredging nr filling of sovereignty
Specific Authority 258.43(1) FS. Law implemented lands of the preserve shall be approved or tolerated
258.46 FS. History-New 2-25-81. Formerly 16Q-20.14, by the Board or Trustees except:
Transferred from 16Q-20.014. (a) Such minimum dredging and spoiling as may
18-20.015 Application Form. be authorized for public navigation projects or for
Specific Authority 253.43(1) FS. Law Implemented preservation of the lake according to the expressed
258.43 FS. History-New 2-25-81. kepealed 6-7-85, intent of Chapter 73-534, Laws of Florida; and
Formerly 16Q-20.15. Transferred from 16Q-20.015. (b) Such other alteration of physical conditions
1820.016 Coordination with Other as may be necessary to enhance the quality or utility
of the preserve.
Governmental Agencies. Where a Department of (3) Them shall be no drilling of wells,
Environmental Regulation permit is required for excavation for shell or minerals, and no erection of
activities on sovereignty Lands the department will structures (other than docks), within the preserve,
coordinate with the Department of Environmental unless such activity is associated with activity
Regulation to obtain a copy of the joint Department authorized by Chapter 73-534, Laws of Florida.
of Army/Florida Department of Environmental (4) The board shall not approve the relocations
Regulation permit application and the biological of bulkhead lines within the preserve.
survey. The information contained in the joint (5) Notwithstanding other provisions of this act,
permit application and biological assessment shall the board may, respecting lands lying within the
be considered by the department in preparing its Lake Jackson basin: staff recommendations to the board. The board may (a) Enter into agreements for and establish lines
also consider the reports of other governmental
agencies that have related management or (b) Enter into agreements for the exchange and
permitting responsibilities regarding the proposed exchange sovereignty lands for privately owned
activity. lands;
Specific Authority 253.43(1) FS. Law Implemented (c) Accept gifts of land within or contiguous to
258.43 FS. History-New 2-25-81. Formerly 16Q-20.16. the preserve.
Transferred from 16Q-20.016. Specific Authority 258-39(26) FS. Law Implemented
238.39(26). 258.43.FS. History-New 6-7-85. Formerly
16Q-20.017, Transferred from 16Q-20.017.

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