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








                YELLOW RIVER MAR'S


                AQUATIC PRESERVE MANAGEMENT PLAN








                                            441-1














          QH                        1991
          90.75
          T6
          Y45
          1991         DEPARTMENT OF NATURAL RESOURCES
















                                 YELLOW RIVER MARSH


                          AQUATIC PRESERVE MANAGEMENT PLAN

                                      (ADOPTED)

                                 SEPTEMBER 12, 1991











                                     Tom Gardner


                                 Executive Director

                           Department of Natural Resources





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








                                        AIMO








                                        E OF






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





                            Viis document was printed on re6ycfed paper.












                                       TABLE OF CONTENTS






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




              CHAPTER II      KMGEMENT AUTHORIT
                              A. Statutory Authority      ....................   7
                              B. Administrative Rules      ...................   9
                              C. Relationship to Other Applicable Plans
                                    and Programs    ........................   11




              CHAPTER III     DESCRIPTION OF AQUATIC PRESERVE
                              A.  Location/Boundary     .....................  13
                              B.  Physiography and Geology     ..............  13
                              C.  Climate   ...............................    14
                              D.  Hydrology    .............................   15
                              E.  Water Quality    .........................   16
                              F.  Vegetative Communities     ................  22
                                  1. Forested Wetlands      .................  23
                                  2. Marshes     ...........................   24
                                  3. Grassbeds     .........................   24
                              G.  Fish and Wildlife     .....................  29
                                  1.   Fish  ..............................    29
                                  2.   Mammals  ...........                    31
                                  3.   Reptiles and Amphibians     ........... 31
                                  4.   Birds   ..............................  31
                                  5.   Benthic Macroinvertebrates     ........ 32
                                  6.   Designated Species    ................. 32
                              H.  Archaeological and
                                  Historical Resources     ..................  33
                              I.  Regional Land Use, Development
                                  & Associated Impacts     ..................  33
                                  1. Adjacent Upland Uses       .............. 33
                                  2. Current Uses of the preserve        ...... 37
                                  3. Planned Use       ......................  38




              CHAPTER IV      MANAGEMENT AREAS
                              A. Introduction    ..........................    49
                              B. Management Area Classifications       ....... 50
                              C. Minimum Criteria For Allowable Uses       ... 52
                              D. Management Areas     ......................   55












             CHA2TER V      SITE S22CIIIIC MANAGEMENT ISSUES 6 NEEDS -     65



             CHA2TER VI     MANAGEMENT ACTION PLAN
                            A. Resource Management    ...................  72
                            B. Resource Protection    ...................  74
                            C. Research   ...........                      76
                            D. Environmental Education     ............... 77




             CHAPTER VII    MANAGEMENT COORDINATION NETWORK
                            A.  Federal Agencies   ......................  81
                            B.  State Agencies   ........................  82
                            C.  Regional Agencies   .....................  86
                            D.  Local Governments and
                                Interest Groups   .......................  87




             CHAPTER VIII STAFPING AND FISCAL NEEDS      ................. 91





             CHA2TER IX     RESOURCE & ACTIVITY MONITORING PROGRAM
                            A. Resource Monitoring    ...................  95
                            B. Progress Monitoring    ...................  95




                            BIBLIOGRAPHY   ..............................  97












                                LIST OF FIGURES AND TABLES





             Figure 1.   Florida Aquatic Preserve System    ...............   3

             Figure 2.   Yellow River Marsh Aquatic
                         Preserve Boundary Map   .........................    5

             Figure 3.   Vegetative Map of Yellow River Marsh     ......... 25

             Figure 4.   Vegetative Profile of Preserve     ............... 27

             Figure 5.   Adjacent Land Use Map    ........................  35

             Figure 6.   Management Area Map    ..........................  63




             Table 1.    Forested Wetland Vegetation     .................. 41

             Table 2.    Tidal Marsh and Floodplain Marsh Vegetation ..     42

             Table  3.   Submerged Aquatic Vegetation     ................. 42
             Table  4.   General Fish Species    .......................... 43

             Table  5.   General Wildlife Species    .....................  44-45

             Table  6.   Designated Wildlife Species     .................. 46-48

             Table  7.   Management Coordination Network     .............. 88-89

             Table  8.   Anticipated Budget for Yellow River
                         Marsh Aquatic Preserve    .......................  93












                                   LIST OF APPENDICES





             Appendix A. Relevant Legislation ..........................   99

             Appendix B. Pollution Source Survey .......................  109

             Appendix C. Aquatic Plant Illustrations ...................  111































             Copies of the legal description of the Yellow River Marsh
             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 Box 125
                                  Tallahassee, FL 32399












                                      EXECUTIVE SUMMARY




              The Yellow River Marsh Aquatic Preserve is recognized as an
              exceptional water resource of Florida. This scenic preserve
              is fringed by forested wetlands and freshwater marsh with
              sandy bottoms and grassbeds occurring below the mean high
              water line. The preserve includes parts of the Yellow River,
              the swiftest flowing river in Florida, and Blackwater and East
              Bay.    The preserve provides food and habitat for numerous
              fish, reptiles and amphibians, birds, mammals and benthic
              invertebrates. Several designated species are known to occur
              in the preserve.

              The preserve is part of the Pensacola Bay System, which is a
              top Surface Water Improvement Management (S.W.I.M.) priority.
              Residential development occurring along the preserve's upland
              boundary is increasing, consequently, the preserve is impacted
              by human activities. Water quality has deteriorated in recent
              years from raw sewage discharge, septic tank leachate, and
              stormwater runoff.      The preserve is used extensively for
              recreational and commercial fishing, however, the once
              productive oyster beds of the area are no longer viable. Loss
              of submerged aquatic vegetation is also a serious concern.

              The Yellow River Marsh Aquatic Preserve borders land owned by
              the paper company, Champion International Corporation, Eglin
              Air Force Base, and numerous private land holders. Land owned
              by the federal government is mostly undeveloped but may be a
              threat to the preserve due to the storage of hazardous
              materials which may leach into the groundwater.

              Submerged lands are selected as aquatic preserves based upon
              their outstanding biological, aesthetic, and/or scientific
              values. Yellow River Marsh Aquatic Preserve was designated as
              such in 1970 for the primary purpose of preserving the
              biological resources in the area and maintaining these
              resources in an essentially natural condition. The preserve
              encompasses    approximately     16,435   acres    of state-owned
              submerged lands in Santa Rosa County, Florida.

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









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

            This management plan describes public and private uses that
            are allowable pursuant to statutory direction and other
            applicable authorities of the aquatic preserve.      These uses
            are subject to the approval of the Board of Trustees or their
            designee through a delegation of authority.         Approval is
            normally predicated upon demonstration that the proposed use
            is environmentally sound, and in the opinion of the Board,
            necessary for the public.

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

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

            The management of the preserve and protection of the resources
            included within its boundaries will be enhanced by continually
            identifying and resolving additional management needs. Field
            staff will develop and submit an annual status report that
            will identify new management needs and issues, and define
            additional goals and objectives for resource management as
            necessary.












                                       CHAPTER I


                                      INTRODUCTION



             The  Yellow   River   Marsh   Aquatic   Preserve    encompasses
             approximately 16,435 acres of the Yellow River, Blackwater
             Bay, and East Bay located in the western panhandle of Florida.
             The area consists of a nearly pristine portion of the
             river/bay system which was recognized as an outstanding
             resource and designated an aquatic preserve on April 9, 1970,
             by the Florida Legislature.   Additionally, the Yellow River
             was designated as an "Outstanding Florida Water" on March 1,
             1979. The boundary of the preserve comprises all sovereignty
             submerged lands of the designated river and bay, including
             associated tidal lands, islands, sand bars, swamps and
             floodplain forest.   Figures 1 and 2 represent the statewide
             aquatic preserve system and gross boundaries of the Yellow
             River Marsh Aquatic Preserve.

             The aquatic preserve is a vital component in the Pensacola Bay
             System because it has been the least impacted by development
             and pollution.    The unspoiled forested wetlands, the over
             2,000 acre marsh, and the submerged grassbeds provide
             excellent habitat for fish and wildlife.        As a result,
             recreational and commercial fishing are major activities in
             the aquatic preserve.

             The adjacent uplands are largely used for residential and
             agricultural purposes.    Such uses conf irm the need for an
             integrated management program by state, regional, and local
             governments to accomplish a goal of long term resource
             protection for the preserve.

             This management plan developed for Yellow River Marsh Aquatic
             Preserve is only one of many steps that will be necessary to
             accomplish this goal. It is intended primarily to serve as a
             useful guide to the manager and others in maintaining the
             natural integrity of the preserve.     As more information is
             learned about this preserve and ambient conditions analyzed,
             management strategies outlined in this plan may need to be
             adjusted.

             The process of developing this management plan involved
             collecting an inventory of resource information, coordinating
             with other plans that have been developed for the area, and
             identifying resource problems and management issues relating
             to the present and future uses of the.preserve and adjacent
             uplands. Supporting policies were developed to be consistent
             with statutory authority and the overall intent of the Aquatic
             Preserve Program for helping to ensure that the submerged land
             resources of the river/bay system remain for future
             generations to enjoy.









            Fourteen management plans, covering 21 of the 42 designated
            aquatic preserves in the state, have been adopted by reference
            into the existing aquatic preserves rule, Chapter 18-20,
            Florida 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.

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

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

            Chapter III provid es a description of the Yellow River Marsh
            Aquatic Preserve and details the physical and biological
            components of the preserve as well as any cultural resources.
            Additional information includes the current and future uses of
            this preserve and use of the adjacent uplands.

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

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

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

            Chapter VII identifies local, regional, state, and federal
            agencies, their authorities and program, and how they relate
            and assist in protection and management of this preserve. It
            also identifies non-governmental organizations, interest
            groups, and individuals that can assist in management.

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

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




                                          2

















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              DIVISION OF STATE LANDS
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                                                                                                                                                        SANTA ROSA COUNTY, FLORIDA

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                                                                                                                                                            STATE OF FLORIDA BOARD OF
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                                                                                                                5




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                                          CHAPTER II


                                     MANAGEMENT AUTHORITY



             A. STATUTORY AUTHORITY

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

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

             The Legislative intent for establishing aquatic preserves is
             stated in Section 258.36, F.S.: "It is the intent of the
             Legislature that the state-owned submerged lands in areas
             which have exceptional biological, aesthetic, and scientific
             value, as hereinafter described, be set aside forever as
             aquatic preserves or sanctuaries for the benefit of future
             generations.11 This statement along with the other applicable
             laws clearly mark the direction for management of aquatic
             preserves.    Management will emphasize the maintenance of
             essentially natural conditions, and will include only
             sovereignty submerged lands and lands leased by the state and
             specifically authorized for inclusion as part of a preserve.

             Management responsibilities for aquatic preserves may be
             fulfilled directly by the Board of Trustees or by staff of the
             Division of State Lands of the Department of Natural Resources
             through delegation of authority.    Other governmental bodies
             may also participate in the management of aquatic preserves
             under appropriate instruments of authority issued by the Board
             of Trustees.    The Division staff, however, serve as the
             primary managers who implement provisions of the management
             plans and rules applicable to the aquatic preserves.      Staff
             evaluate proposed uses or activities in the preserve, and
             assess the possible impacts on the natural resources. Project
             reviews are primarily evaluated in accordance with the
             criteria in Sections 258.35-258.46, F.S., (Florida Aquatic
             Preserves Act), Chapter 18-20, F.A.C., (Rules of Florida
             Aquatic Preserves), and for consistency with this plan.



                                            7









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


            BACKGROUND
            The laws supporting aquatic preserve management are the direct
            result of the public's awareness and interest in protecting
            Florida's aquatic environment.    The rampant dredge and fill
            activities that occurred in the late 1960's had a stimulating
            effect on this widespread concern.

            In 1967 the Florida Legislature passed the Randall Act
            (Chapter 67-393,     Laws of Florida), which established
            procedures regulating previously unrestricted dredge and fill
            activities on state-owned submerged lands. That same year the
            .Legislature provided the statutory authority,(Section 253.03,
            F.S.) for the Board of Trustees to exercise proprietary
            control over state-owned lands.      Also in 1967, government
            focus on protecting Florida's productive waterbodies 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 to develop
            strategies for protection and management of state-owned
            submerged lands.

            In 1968, the Florida Constitution was revised, declaring in
            Article II, Section 7.1 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 the abatement of air   and
            water pollution. Then late in 1968, the IAC issued a report
            recommending   the   establishment    of   twenty-six    aquatic
            preserves.

            On October 21, 1969, the Governor and Cabinet acted upon the
            recommendations of the IAC and adopted, by resolution,
            eighteen of the water bodies as aquatic preserves.         other
            preserves were individually adopted at various times through
            1989.








                                           8











              B. AMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

              Chapters 18-20 and 18-21, F.A.C., are the two administrative
              rules directly applicable to the uses of aquatic preserves
              specifically, and submerged lands in general.

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

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

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

                  (2) The aquatic preserves which are described in 73-534,
                      Laws of Florida, Sections 258.39, 258.391, 258.392, and
                      258.393, Florida Statutes, future aquatic preserves
                      established pursuant to general or special acts of the
                      legislature,     and   in    Rule    18-20.002,     Florida
                      Administrative Code, were established for the purpose
                      of being preserved in essentially natural or existing
                      condition so that their aesthetic, biological and
                      scientific values may endure for the enjoyment of
                      future generations.

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

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

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

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




                                               9









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

                    (e)  to encourage the protection, enhancement, or
                         restoration of the biological, aesthetic, or
                         scientific values of the preserves, including but
                         not limited to the modification of existing man-
                         made conditions towards their natural condition,
                         and discourage activities which would degrade the
                         aesthetic, biological, or scientific values, or
                         the quality, or utility of a preserve, when
                         reviewing applications, or when developing and
                         implementing management plans for-the preserves;

                    (f)  to preserve, promote, and utilize indigenous life
                         forms and habitats, including but not limited to:
                         sponges, soft coral, hard corals, submerged
                         grasses, mangroves, saltwater marshes, freshwater
                         marshes, 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."


            2. CHAPTER 18-21, F.A.C.

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

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

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





                                           10









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

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

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

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




             C. RELATIONSHIP TO OTHER APPLICABLE PLANS AND PROGRAMS

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

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

             A management plan has been adopted      for the Pensacola Bay
             System (which includes the preserve) under the guidance of the
             Surface Water Improvement and Management Act. This plan will
             focus on existing pollution problems and methods to resolve
             them' in addition to prevention of further pollution. It is
             being implemented by the Northwest Florida Water Management
             District (NWFWMD).









            The Local Government Comprehensive Plan (LGCP) for Santa Rosa
            County is required by the Local Government Comprehensive
            Planning and Land Development Regulation Act to have a
            comprehensive management plan with elements relating to
            different governmental functions (e.g., housing, physical
            facilities, conservation, land use, coastal zone protection,
            etc.).   These plans, in effect, are intended to guide the
            future development of the county. Recent statutory amendments
            require these plans to be updated and for cities and counties
            to adopt land development regulations and to conform to the
            criteria, policies, and practices of their comprehensive plan.

            The intent of the Aquatic Preserve Program, and this plan, is
            to guide county governments during their planning process
            towards developing. local plan criteria and standards that will
            be consistent with the objectives of the program. Santa Rosa
            County's Comprehensive Plan has not been officially adopted by
            the Department of Community Affairs, however, draft copies of
            the coastal element have been reviewed by Bureau staff for
            compliancy with aquatic preserve rules.



            **Refer to Chapter VII for other applicable management
               authorities.




































                                            12












                                        CHAPTER III


                                   RESOURCE DESCRIPTION



             A. LOCATION AND BOUNDARIES

             The Yellow River Marsh Aquatic Preserve is located in southern
             Santa Rosa County.     The preserve includes the Yellow River
             from Highway 87, southwesterly to Blackwater Bay, and
             Blackwater and East Bays south to White Point at East Bay.
             There are two major population centers near the preserve: the
             incorporated municipality of Milton, with a 1987 population of
             7,219; and an unincorporated urban area called Bagdad with an
             approximate population of 900. Milton is also the county seat
             of Santa Rosa County.

             The two largest land holdings adjacent to the preserve are
             those of Eglin Air Force Base and Champion International
             Corporation. Eglin AFB manages much of its lands, especially
             the low-lying wetlands, as the Eglin Wildlife Management Area.
             Champion International Corporation, a paper company, owns
             extensive timberlands adjacent to the preserve.            Due to
             equipment limitations, the company has not at this time
             expressed an interest in logging the boggy lands that support
             bottomland hardwoods.     The remaining uplands are generally
             rural and residential, comprised mainly of farmland,
             rangeland, forested land, and single-family homes. Golden Bay
              roperties, Inc. owns much of the wetlands adjacent to White
             Point, the southern tip of the preserve.
             P





             B. PHYSIOGRAPHY AND GEOLOGY

             The preserve lies in the physiographic region known as the
             Gulf Coastal Lowlands, the low lying area of southern Santa
             Rosa County (Soil Conservation Society, 1980).        The coastal
             lowlands consist of relatively undissected, nearly level
             plains divided by coastal terraces formed during the sea level
             invasion and recession of the Pleistocene Epoch (Wolfe et al.,
             1988).    The largest unbroken terrace area in westernmost
             Florida is Garcon Peninsula, which extends southward between
             the mouths of the Escambia and Yellow Rivers, separating
             Escambia Bay from East Bay.      The soils in the Gulf Coastal
             Lowlands are predominantly moderately well drained to very
             poorly drained and are nearly level.       Elevation ranges from
             sea level to 30 feet above sea level (Soil Conservation
             Society, 1980).

             In general, a thick sequence of sand, clay, and gravel extend
             from the surface to as much as 1,000 feet.         This layer is
             known as the sand-and-gravel aquifer, and supplies the


                                             13









             drinking water f or the western panhandle of Florida.           The
             sand-and-gravel aquifer is recharged primarily by rainwater.
             The water of this aquifer is low in mineral content (soft
             water). Because of its close proximity to the land surface,
             the aquifer, or groundwater, is highly susceptible to
             contamination from human activities.       The aquifer ranges in
             age from Miocene to Recent.          It seems likely that the
             materials in the sand-and-gravel aquifer were deposited in an
             environment similar to that of the present-day Mississippi
             River delta. This is suggested by the rapid facies changes,
             the absence of fossils, and the abundance of sand and gravel.
             These sediments were probably deposited by a network of
             streams whose channels were constantly shifting back and f orth
             across the surface of the delta.      In this environment, clay
             was deposited in quiet pools or in abandoned channels while
             gravel was being laid down by swiftly flowing streams nearby.
             Discontinuous layers of hardpan (iron rock) occur throughout
             the aquifer (Musgrove et al., 1965).

             Below the sand-and-gravel aquifer lies the limestone and
             coquina beds of the Floridan aquifer. The Floridan aquifer is
             much more extensive and supplies the drinking water for the
             rest of Florida, as it is more accessible in areas other than
             the panhandle. In addition to the fossil coquina beds, much
             of the limestone of the Floridan aquifer is composed of
             foraminiferans, corals, bryozoans, ostracods, echinoids,
             mollusks, and other fossils.        The water of the Floridan
             aquifer has a higher mineral content than the sand-and-gravel
             aquifer, causing it to be harder than water from the sand-
             and-gravel aquifer (Musgrove et al., 1965).



             C. CLIMATE


             Santa Rosa County has a humid-temperate climate. Summer has
             long, hot, humid days.       Average summer temperature is 80
             degrees Fahrenheit. Clouds and afternoon thundershowers help
             relieve the heat and humidity of summer days. winter is mild
             and short, but is punctuated by periodic invasions of cold air
             masses from the north. The average winter temperature is 54
             degrees F. The Gulf of Mexico tempers the cold of winter, and
             causes cool sea breezes to move across the land on summer days
             (Soil Conservation Society, 1980).

             The growing season is approximately 300 days. Rainfall
             averages 65 inches a year, the greatest amount occurring
             during the summer months. Snow is rare, falling about one year
             in ten. Late summer and early fall may bring severe tropical
             disturbances, with heavy rains and winds up to 200 miles per
             hour (Soil Conservation Society, 1980).        Hurricane Frederic
             passed through the area in 1975, with winds in excess of 100
             mph.    In 1985, the area was struck by three late season
             storms: Hurricanes Elena and Kate, and Tropical Storm Juan.


                                             14












              D. HYDROLOGY

              The circulation of water f rom. the oceans to air to land and
              back is known as the hydrologic cycle. Several authors have
              noted the lack of baseline hydrological data for the Pensacola
              Bay System as a whole, especially Blackwater Bay and East Bay.
              In Santa Rosa County, the most common form of precipitation
              is rainfall. Rain which is not taken up by plants or which
              does not evaporate either infiltrates the land as groundwater
              or flows over the land as runoff to join creeks, streams, and
              rivers.


              Yellow River

              The Yellow River has its headwaters in Covington County,
              Alabama, in the Conecuh National Forest, at the confluence of
              Hog Foot and Limestone Creeks. The river enters Florida near
              Laurel Hill and flows southwesterly through Okaloosa County.
              The Yellow River is joined by its major tributary, the Shoal
              River, five miles below Crestview.     The river empties into
              Blackwater Bay along the boundaries of Eglin Air Force Base.

              The Yellow River drains 1,365 square miles, of which only 115
              are in Santa Rosa County.         The average flow entering
              Blackwater Bay is about 2,500 cubic feet per second. In Santa
              Rosa County the main channel flows through a heavily wooded,
              swampy floodplain about two miles wide (Musgrove et al.,
              1965). In Okaloosa County and Alabama, the river cuts through
              the Western Highlands province, characterized in some areas by
              bluffs as high as 40 feet.

              The Yellow River's drainage basin is the highest in Florida
              and subsequently the river flows swifter than other rivers in
              Florida.    Much of its drainage basin is in the Western
              Highlands physiographic province, which is outside of the
              preserve.   The river is narrow, with clear tan water and a
              sand bottom, resulting in a "yellow" appearance. It has a few
              springs but is fed primarily by rainfall runoff (Florida
              Department of Natural Resources, 1989a).

              Blackwater Bay and East Bay

              Blackwater Bay and East Bay are relatively small, shallow,
              estuarine tidally influenced water bodies.       Blackwater Bay
              covers 10 square miles and has an average depth of 6 feet
              whereas East Bay covers 44 square miles and has an average
              depth of 8 feet. Numerous small bayous, creeks, and ditches
              drain into the bays.        The surface water hydrology is
              influenced primarily by freshwater inputs from the Blackwater,
              Yellow, and East Rivers, and their tributaries, and tidal
              exchange from the Gulf of Mexico (Teehan and Barnett, 1989).
              The bays exhibit chiefly low energy diurnal tides with a
              single high and low, stage occurring each lunar day.          The


                                             15









            average tidal range is 1. 6 feet.    The diurnal nature of the
            tides, along with the low tidal amplitude, results in limited
            flushing. Little and Quick (1976) estimated that 19% of the
            Pensacola Bay System's water volume is exchanged with each
            tide cycle and about 18 days are required to flush the entire
            system.

            The circulation of the bays is weak and is thought to be
            characterized by a net southerly flow.       Tidal movement is
            northerly during flood tide and southerly during ebb tide
            (Teehan and Barnett, 1989). These water movements result in
            a net counterclockwise circulation in the bay system, with
            fresh water from the Blackwater and Yellow Rivers moving south
            along the west shore of Blackwater Bay, and saline gulf water
            moving north along the east shore (Charles D'Asaro, Univ. West
            Fla., personal communication). It has been noted that under
            certain conditions current reversals occur.       The cause of
            these reversals is most likely wind (Olinger et al., 1975).

            The tidal flow forms a salt wedge, which keeps lighter fresh
            waters extending over much of the surface, and the salt waters
            across the bottom (Teehan and Barnett, 1989).      As a result,
            surface waters exhibit much lower salinities than deeper
            water.



            E. WATER QUALITY


            Blackwater Bay and East Bay are part of the Pensacola Bay
            System. Pensacola Bay has been designated as a top S.W.I.M.
            priority, mainly due to declines in water and sediment
            quality, and loss of habitat. Even though Blackwater Bay and
            East Bay are less impacted by human activities than the rest
            of the bay system, the entire system must be viewed as a
            whole, especially in terms of assimilative capacity and water
            quality. Traditional water quality studies of the system have
            been criticized as snapshots in time which focus on quantities
            of nutrients and other chemicals, rather than on water quality
            with respect to organisms which inhabit and which used to
            inhabit, the system (Dr. Collard, University of West Florida,
            oral report to the Pensacola Bay System Technical Advisory
            Committee).   The disappearance of oyster reefs from East Bay
            and the loss of submerged aquatic vegetation throughout the
            system are indicators of declining water and sediment quality.
            Benthic macroinvertebrates are another good indicator group.
            Unlike water quality samples, benthic macroinvertebrate
            samples may be repeated for more consistent results.         When
            sediment    quality    changes,    composition     of    benthic
            macroinvertebrate species also changes, thereby affecting
            other organisms of a higher trophic status such as fish (Dr.
            Collard, UWF, report to TAC) .     Pollution tolerant benthic
            macro invetteb rates occur in the bays, however, invertebrate



                                           16









             samples from the Yellow River are comprised of species common
             to healthy systems (Hand, et al., 1988; Bass et al., 1977).

             Yellow River

             The Yellow River exhibits some of the most pristine water
             quality in the state of Florida.   All segments of the river
             have good overall water quality.       The Yellow River is
             classified as Class III by the Department of Environmental
             Regulation. Class III waters intended use is for recreation,
             propagation and maintenance of a healthy population of fish
             and wildlife.

             The Yellow River was designated on March 1, 1979, by the
             Department of Environmental Regulation as an outstanding
             Florida Water (OFW) body.   The statutory requirement for an
             OFW is that the water body must have "natural attributes
             worthy of special protection" (Section 403.061(28), F.S.) . In
             OFW bodies, the primary water quality standard used in
             regulation is the actual ambient water quality of each
             individual OFW, rather than the general numerical limits of'
             the water quality classification system.    The importance of
             this system is that all OFWs receive special protection
             against water pollution.

             Despite its good water quality, man's impacts are present.
             For example, catfish with unusual tumors have been found in
             the tributaries of the Yellow River which drain Eglin Air
             Force Base.  These fish have been collected and studied but
             the cause of the tumors is unknown. No unusual fish have been
             caught in the last few years.

             In addition, Trammel Creek has received and continues to
             receive improperly treated wastewater from the city of
             Crestview Waste Water Treatment Plant (WWTP). This creek, a
             tributary of the Yellow River, shows signs of nutrient and
             turbidity problems (Hand et al., 1988).     The Yellow River,
             above its confluence with the Shoal River, was the site of a
             1979 anhydrous ammonia spill. Later studies by the Game and
             Fish Commission (Bass and Yeager, 1983) showed the creek to
             still be impacted by the spill.

             Trawick Creek, approximately 8 miles northeast of the preserve
             boundary at Highway 87, has siltation from the maintenance of
             Interstate 10. The water quality of tributaries of the Shoal
             River shows signs of road and borrow pit runoff, and stream
             bank erosion.   Parts of the Yellow River are impacted by
             logging operations runoff, and some segments near agriculture






                                           17









             areas receive nutrients, silt and biological oxygen demand
             loadings from runoff (Florida Department of Natural Resources,
             1989a) .

             Blackwater Bay and East Bay

             Studies have shown that Blackwater Bay and East Bay have poor
             circulation and low flushing rates. Because of this, the bays
             are not able to assimilate increased loads of nutrients and
             pollution from human activit@ies (Olinger et al., 1975; Young,
             1981). Over time, a buildup of organic sediments has occurred
             in the bays, and is described by Young (1981) as a "noxious
             sludge layer".     Both Olinger et al., and Young noted fair Do
             (dissolved oxygen) levels and high TOC (total organic carbon)
             levels in the bays.        They concluded that the bays were
             functioning as nutrient and organic carbon sinks due to the
             overloading of these compounds in the water and the
             insufficient circulation of the bays.

             Other than the two studies mentioned above, limited water
             quality studies have been conducted in Blackwater Bay and East
             Bay.    Presently, no permanent water quality stations are
             located in these waters.       The Department of Environmental
             Regulation has two surface water quality monitoring stations
             located miles from the preserve; one at Blackwater River at
             Highway 4, and another in Escambia Bay, which is heavily
             impacted by industrial discharges. No sediment quality tests
             have been conducted on bay sediments.

             The Department of Natural Resources, Shellfish Environmental
             Assessment Section (SEAS) , does however, routinely monitor
             Blackwater Bay and East Bay for shellfish contaminants such as
             fecal coliforms and other disease causing bacteria.              The
             Shellfish Environmental Assessment Section published a report
             (Teehan and Barnett, 1989) which surveyed and analyzed
             shellfish conditions in Blackwater Bay.         The report states
             that statistical analysis revealed significant associations
             between fecal coliform levels and rainfall during summer
             months at seven stations in the survey area.              Currently,
             Blackwater Bay is classified as shellfish Prohibited, and East
             Bay is classified as shellfish Conditionally Approved
             (Department of Natural Resources,           1989b).     Areas are
             designated Prohibited if sampling results indicate fecal
             material,    pathogenic    microorganisms,     or   poisonous      or
             deleterious substances are consistently or unpredictably
             present in dangerous concentrations, or the shoreline survey
             identifies actual or potential pollution sources of high
             magnitude which may affect the growing area (Teehan and
             Barnett, 1989).






                                             .18









             Sources of pollution

             There are numerous point and non-point sources of pollution
             which impact Blackwater Bay and East Bay.        The S.W.I.M.
             program Point Source Assessment of the Pensacola System (1991)
             lists the city of Crestview, Department of Transportation
             I-10 Rest Area, East Milton Elementary School, city of Milton,
             and Naval Air Station (NAS) Whiting Field as point sources
             which affect the preserve waters..

             Wastewater Treatment Plants (WWTP)

             Treated wastewater from the city of Milton and East Milton
             Elementary School is discharged into the Blackwater River, and
             treated wastewater from the city of Crestview is discharged
             into Trammel Creek, a tributary of the Yellow River.
             Chlorinated effluent from the city of Milton WWTP is
             discharged into the Blackwater River, 1.5 miles north of the
             I-10 bridge (Teehan and Barnett, 1989). Oxygen depletion and
             high coliform bacteria counts have been attributed to
             insufficient wastewater treatment at this plant.           This
             facility, however, has undergone extensive modification and
             water quality is expected to improve (Hand et al., 1988).
             Chlorinated effluent from the East Milton Elementary School is
             discharged into the Blackwater River two miles north of the
             1-10 bridge (Teehan and Barnett, 1989).

             As stated earlier, Trammel Creek, which receives treated
             wastewater from the city of Crestview, shows signs of nutrient
             and turbidity problems.    Crestview's WWTP has recently been
             upgraded but it is too soon to determine if the effluent or
             in-stream water quality will appreciably improve (Florida
             Department of Natural Resources, 1989a).         The city of
             Crestview WWTP has a history of sewage spills and mechanical
             breakdowns and is presently operating under a consent order
             from the Department of Environmental Regulation.      In June,
             1990, a faulty filter at the Crestview WWTP caused the
             discharge of 30 million gallons of improperly treated sewage
             into Trammel Creek.      According to the Florida Game and
             Freshwater Fish Commission, 97% of the faunal species present
             in the area were wiped out due to the spill. Fishing on the
             Yellow River was temporarily banned in December 1990 due to
             extremely poor quality effluent resulting from a faulty
             trickling filter.

             Septic Tanks

             Septic tanks are another source  of pollution to the preserve.
             Teehan and Barnett (1989) performed a septic tank survey of
             the land adjacent to the preserve (see Appendix B, Pollution
             Source Survey). The effect of septic tank systems on ground
             and estuarine water is an unresolved problem.     According to
             Patterson, et al. (1971), "the total evidence indicates that


                                            19









            septic systems today exert a significant detrimental effect on
            environmental quality." While WWTPIs are permitted initially
            and monitored regularly, no monitoring - either of the system
            after installation or of associated environmental impact - is
            required for septic systems (Teehan and Barnett, 1989).
            According to Clark (1974), "there are three major potential
            problems related to septic tanks in coastal area:

               1)   wastes are leached into coastal waters when septic
                    tanks are located too close to the shore,

               2)   tidally-induced high water tables provide direct and
                    rapid flushing of drainfields into the coastal waters,
                    and

               3)   inadequate drainfield components or soil absorption
                    characteristics cause tanks to overflow, particularly
                    during rainstorms, and pollute coastal waters."

            Treatment provided by septic tanks is minimal compared to
            other forms of wastewater treatment.       Septic tank effluent
            contains varying concentrations of the primary nutrients
            nitrogen, carbon, and phosphorus, and smaller quantities of
            surfactants, metals and toxic organics. However, in terms of
            public health, the most significant problem is release of
            pathogenic bacteria, such as Escherichia coli (Teehan and
            Barnett, 1989).      Excessively porous coastal soils allow
            effluent to leach too rapidly. Effluent reaches groundwater
            essentially untreated, polluting the water with bacteria,
            pathogens, and nutrients. A 1975 study by the Environmental
            Protection Agency noted that septic systems are responsible
            for high nutrient loads and excessive bacterial counts found
            in surface waters adjacent to septic systems.

            Other point and non-point sources

            Garcon Peninsula and Peterson Point have the highest housing
            densities in the preserve area; both area also contain
            ranches. These area are crossed by stormwater ditches, which
            discharge into Blackwater Bay. Stormwater may carry bacteria
            from septic tank leachate and domestic animals.           Mallard
            (1980) noted significant quantities of total coliform, fecal
            coliform, and fecal steptococcus in stormwater runoff.

            Other contaminants in surface runoff include petroleum
            products   from    paved   areas;   sediments    from    improper
            development, agriculture, dirt roads, logging operations, and
            stream bank erosion; phosphorus and nitrogen from agriculture,
            and pesticides, including malathion, dieldrein, and heptachlor
            epoxide, from agriculture or mosquito control.         Stormwater
            from NAS Whiting field is a source of pollution to the
            preserve.




                                           20









             Boat traf f ic contributes metals including copper, tin and
             lead, as well as petroleum and occasional discharges of raw or
             partially treated sewage.

             Marinas are recognized pollution sources, especially where
             petroleum products are stored, transferred, and used. Heavy
             metal contamination of water, shellfish, and sediment may
             occur as anti-fouling bottom paints leach over time. Dredging
             and filling can suspend sediments and reintroduce associated
             pollutants to the water column. Bulkheads, piers, and docks
             alter water circulation patterns, block sunlight, reduce
             flushing, and trap debris. In addition, anti-fouling agents
             such as Copper Chromium Arsenic (CCA) from pilings and tri-
             butyl tin from boat bottom paints may leach into surrounding
             water (Teehan and Barnett, 1989). Presently, one marina and
             two fish camps are located in the preserve.

             Loss of Submerged Vegetation and other Resources

             Long time residents of the area have noticed a significant
             decline in submerged aquatic vegetation since the 1950's.
             Historical accounts state that the bays were once highly
             productive, with extensive grassbeds, oyster beds, and shrimp
             and fish populations. The Pensacola Bay System was the focus
             of a historical submerged macrophyte study and inventory by
             Rogers and Bisterfield (1975). They reported that the entire
             system experienced an overall recession and disappearance of
             grassbeds from 1949-1974.     Recent LANDSAT surveys indicate
             present coverage is approximately the same as in 1974,
             indicating little, or no recovery has taken place (Ken Haddad,
             DNR, personal communication).

             Records for the northeast area of East Bay, adjacent to the
             preserve (Olinger et al., 1975) revealed a decline in lateral
             extension of the grassbed; however, the width of the central
             area appeared to have remained relatively constant. Two years
             later, this bed had also disappeared (J.D. Brown, Bream
             Fishermen Association, personal communication).      A study by
             Environmental Analysts of Florida, Inc. in June 1979, also
             reported the absence of grassbeds between Escribano and Miller
             Points.   In summary, there has been a history of submerged
             macrophyte loss in the entire Pensacola Bay System, including
             Blackwater Bay and East Bay.     The only abundant, persistent
             species are tapegrass (Vallisneria americana) and widgeon
             grass (Ruppia maritima), essentially brackish water species,
             that are doing well in Blackwater Bay, but that have
             diminished in upper Escambia Bay.

             Additionally, commercial fisheries species associated with
             grassbeds have shown a significant decline in conjunction with
             the decline of grassbeds.           Bay scallops (Argopecten
             irradians), brown shrimp (Penaeus aztecus), white shrimp (.R.
             setiferous) , and pink shrimp (1!. duorarum) , as well as some


                                            21









            finfish species, have all shown significant declines in
            numbers.   The shrimp fisheries was also impacted by high
            concentrations of polychlorinated biphenyls (PCB).

            Shellfish, primarily oysters (Crassostrea virginica) , have
            shown significant declines and crashes in numbers, due to
            fungal parasites, poor water quality, heavy rainfall, and
            dredging activities.     Personnel from DNR report periodic
            crashes in oyster populations within the preserve, with near
            100% mortality rate. The first documented die-of f occurred in
            1963 and the most recent die-off was reported in 1987. Since
            that time oyster numbers have been slowly increasing. The DNR
            has charted two oyster reef s and one resource enhancement
            project in the preserve.

            Historically, oysters landings have contributed greatly to the
            economy of Santa Rosa County. In 1985, the most recent peak
            year for oyster landings, nearly 500,000 pounds of oysters
            were harvested.



            F. VEGETATIVE COMMUNITIES

            The Yellow River Marsh Aquatic Preserve includes not only
            submerged grassbed communities, but also other types of
            wetland communities such as marshes, swamps and forested
            wetlands.   These wetlands are a valuable resource to the
            residents of Santa Rosa County for many reasons.        Detailed
            illustrations of emergent and submerged vegetation found in
            the preserve are contained in Appendix C.

            Wetlands of the preserve receive floodwaters after heavy rains
            and function as natural flood control.      Pollutants, excess
            nutrients, and sediments enter the wetlands and are filtered
            out of stormwater, thereby improving water quality.          The
            preserve wetlands recycle many nutrients which are essential
            for wildlife. These wetlands provide safe, sheltered habitats
            for juvenile members of numerous species of marine and
            estuarine organisms. Many of these species are important to
            commercial and recreational fishermen of Santa Rosa County.
            The wetlands also provide habitat for many other types of
            wildlife, such as migratory birds, waterfowl, and mammals. As
            a result, the wetlands are productive hunting areas,
            especially for deer and ducks. Wetlands recharge groundwater
            supplies and supply drinking water. Timber and other natural
            resources are harvested from wetlands. And finally, wetlands
            are important for educational and aesthetic reasons.

            In order to perform these important functions wetlands must be
            preserved in their natural state.      Draining and filling of
            wetlands degrades water quality and contributes to flooding,
            and destroys wildlife habitat and its associated economic



                                           22









             values.    Development of wetlands is occurring on Garcon
             Peninsula, adjacent to the preserve.

             1. Forested Wetlands

             There are several different types of forested wetlands which
             occur within the Yellow River Marsh Aquatic Preserve. Forested
             wetlands are commonly known by a variety of names such as
             river swamp, shrub bog, bayhead, cypress swamp, titi bog,
             floodplain forest, swamp forest, and bottomland hardwood
             forest.

             These forested wetlands are characterized by a wide variety of
             plant life including trees, shrubs, vines, grasses, and
             herbaceous plants.       The moisture regime is the most
             significant factor in    maintaining these communi  'ties; only
             flood tolerant species of plants and animals can survive.
             Forested wetlands are present along the Yellow River and its
             tributaries until reaching the marshes at Blackwater Bay (see
             Figures 3 and 4).

             Trees found in the forested wetlands include: water hickory,
             sweetgum, blackgum, tupelo, red maple, sweetbay, redbay,
             loblolly bay, ash, elm, American hornbeam, river birch,
             cypress, red and white cedar, black willow, titi, pond pine,
             slash pine, sycamore and several species of oaks.

             Woody  understory species include buttonbush, yaupon holly,
             dahoon holly, titi, St. John's-wort, dog hobble, fetterbush,
             large gallberry, myrtle-leaved holly, swamp azalea, Florida
             anise, Virginia willow and sweet pepperbush.

             Plant life in the forested interior floodplain is often
             characterized by herbaceous vines such as greenbriar, wild
             grape, peppervine, poison ivy, trumpet creeper, and crossvine.
             Other herbaceous species include cinnamon fern, royal fern,
             chain fern, lizard's tail, orchids and other flowering plants,
             and mosses and liverworts.    Refer to Table 1 for a detailed
             list.of forested wetland species.

             Forested wetlands host a variety of wildlife such as deer,
             bobcats, bears, wild hog, beaver, fox, otters, raccoons, swamp
             rabbits, squirrels (flying, red, gray) , opposum, and mink.
             Wild turkey, waterfowl, wading birds, migratory birds, song
             birds, and birds of prey, especially ospreys, hawks, and owls
             are found in the preserve.           Turtles, snakes, frogs,
             salamanders, and even alligators may be found in the preserve.
             All of these species utilize the forested wetlands for food,
             shelter, and breeding/ nesting habitat, and are dependent on
             the wetlands  for their continued survival.

             In addition to providing food and habitat for animals,
             forested wetlands receive floodwaters, recycle nutrients,


                                            23










             f ilter stormwater runof f and serve as a sink for sediments and
             other types of pollutants.

             2. Marshes

             Marshes of the preserve fall into two categories: tidal marsh
             and floodplain marsh.

             Tidal marshes are expansive intertidal or supratidal areas
             occupied primarily by rooted, emergent vascular macrophytes
             such as cordgrass, needlerush, sawgrass, saltwort, saltgrass,
             and glasswort (Florida Natural Areas Inventory, 1990).
             Additionally, species such as sea ox-eye daisy and sedges also
             occur.  These species are tolerant of the higher salinities
             and harsher wind and wave conditions characteristic of tidal
             marshes. The largest expanse of tidal marsh in the preserve
             is found along the west shore of East Bay near White Point.

             Floodplain marsh occurs in the river floodplain.             These
             marshes are seasonally inundated and are dominated by
             maidencane, pickerelweed, sagittaria, buttonbush, wax myrtle,
             and other mixed emergents (Florida Natural Areas Inventory,
             1990).   Other species which occur in the floodplain marsh
             include giant cutgrass, cattail, spadderdock, beak rush,
             bulrush, sedges, spike rush, and sawgrass.

             The floodplain marsh covers approximately 2400 acres at the
             mouth of the Yellow River. In addition to     the marsh species,
             patchy stands of hardwoods and water tolerant pine trees have
             become established on small "islands" of higher elevation in
             the marsh.   See Table 2 for a detailed list of marsh plant
             species.

             Marsh communities are among the most productive ecosystems in
             the world; three times more productive than cultivated
             farmland.    In addition to being highly productive, marsh
             communities also recycle nutrients and function as natural
             filtration systems for runoff. Marshes provide food, shelter,
             and habitat for deer, otters, marsh rabbits, racoons, coots,
             egrets, gulls, terns, herons, bitterns, rails, gallinules,
             red-winged blackbirds, ospreys, hawks, ducks, alligators,
             snakes, t urtles, and salamanders.     Marshes are utilized as
             nesting habitat by a number of species and serve as protected
             nursery areas for juvenile fish and invertebrates.

             3. Grassbeds

             Grassbeds are expansive subtidal or intertidal areas, occupied
             primarily by rooted submerged vascular macrophytes (Florida
             Natural Areas Inventory, 1989). Grassbeds of the Yellow River
             Marsh Aquatic Preserve extend well into Blackwater Bay from
             the mouth of the Yellow River and its distributaries.
             Grassbeds are also present in patches along the western


                                             24










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                                                Point                                                  ELGIN AIR FORCE BASE
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                                                     J. E cribona
               281                                     s
                                                   J.I  Point


                  DICKERSON CfTY I          041J.    East Bay
                                           J/



                                  J.            FIGURE 3. Vegetation Map
                T 1 S.,4."..                                                                                                      T I S
                                                                                                                                  T 2 S
                                                         Submerged Aquatic Vegetation

              US
                                                         Marsh
                          White Point                    Forested Wetlands
                                                14
           Garcon Point











      --- ---- - ------------




                                                                          25





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                         26
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             Tidal                    Blackwater        Submerged Aquatic Floodplain                          Yellow River                Forested
            Marsh                       East Bay             Vegetation                Marsh           Freshwater Vegetation             Wetlands
           Needlerush                     Clams                Tape Grass            Needlerush                Pickeralweed                Bay Trees
            Cordgrass                     Snails                 Bacopa               Cordgrass                Spadderdock                Black Gum
                                           Fish               Widgeon Grass            Cattails                 Maidencane                  Cypress
                                                                                      Cutgrass                  Arrowhead                    Oaks
                                                                                      Sawgrass                                           Loblolly Pine
                                                                                 Scattered Hardwoods




                                                                                            Osprey. nest

                                                    Striped Mullet                                      Largemouth                                   Al
                        Blue Crab                                                                           Bass
                                                              Great Blue Heron



















                                                                     FIGURE 4.
                                                              VEGETATION PROFILE



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              shoreline.     The grassbeds are dominated by tapegrass
              (Vallisneria americana), which grows in the bay at depths of
              one to three feet.    Associated with tape grass are aquatic
              species such as lemon bacopa, southern naiad, widgeon grass,
              and bladderwort (see Table 3).

              Submerged grasses such as tapegrass perform many valuable
              functions within the estuarine system.           They stabilize
              sediments, recycle nutrients, provide shelter and habitat for
              aquatic fauna, and serve as spawning and nursery areas for
              many species of fish and shellfish.           Many commercially
              important fish spend at least part of their lives in these
              beds.

              The Yellow River Marsh is part of the Pensacola Bay System.
              This system is the most impacted by human activity of all the
              watersheds of the panhandle (Rogers and Bisterfield, 1975).
              East Bay, just outside the preserve boundaries, once contained
              expansive stretches of grassbeds, especially between Escribano
              Point and Miller Point.      These beds disappeared by 1977.
              Grassbed disappearance has been noted in the Pensacola Bay
              System   since    1951    (Rogers   and. Bisterfield,       1975).
              Disappearance of grassbeds in the preserve has been less
              extensive than in other areas of the Pensacola Bay System.



              G. FISH AND WILDLIFE


              1. Fish

              At least 101 species occur in the Florida portion of the river
              system, including Blackwater Bay. Of the species recorded, 33
              are marine,or brackish water forms.      An additional five are
              diadromous (Alabama shad, skipjack herring, hogchocker,
              Atlantic sturgeon, American eel) . Freshwater species entering
              the bay are derived from the Blackwater and Yellow Rivers.
              Marine species originate from the Gulf of Mexico or are
              permanent residents of the estuary (Bass et al., 1979).

              The minnow family, Cyprinidae, contributes the largest number
              of species to the system, with a total of 17.        The sunfish
              (Centrarchidae) are the second best represented with 14
              species. Other families contributing five or more species are
              Ictaluridae (freshwater catfish), Cyprinodontidae (killif ish) ,
              Sciaenidae (drums) and Percidae (perches) (Bass et al.,1979).
              See Table 4 for a checklist of fish recorded from the Yellow
              River system, Florida, including Blackwater Bay.

              Bassf et al., (1979) surveyed the Yellow River system and set
              up sampling stations throughout the area, including two
              stations in the river portion of the preserve. Station 1, in
              the tidal delta at the mouth of the Yellow River, yielded 23
              species, all of which are freshwater forms. The most abundant


                                             29









            was bluegill, which contributed 31.3% of the catch by number.
            Next in abundance was the longnose gar, comprising 19.4% of
            the number.    Third most abundant was the redear sunfish
            (12.4%). Commercial or sport fish made up 58.2% by number.

            Station 2, up the river away from the delta, yielded 24
            species, all but one of which were freshwater. The southern
            flounder, a common invader of Florida streams, was the only
            marine representative. Bluegill was again the most abundant,
            comprising 22.4% by number.   The longear sunfish was second
            (12.0%) and was followed by spotted sucker (7.7%). Commercial
            or sport fish comprised 66.1% of the collection.

            The river swamp/backwaters amid the bottomland hardwoods and
            associated vegetation are an important habitat for fish
            production.  Fish of the main river channel depend greatly
            upon these "quiet water" areas for spawning and growth (Bass
            and Yeager, 1983).

            Marine species which are abundant in the lower bay include
            Gulf menhaden, tidewater silverside, silver perch, sand
            seatrout, spot, croaker, and striped mullet.     other common
            species are speckled worm eel, sea catfish, needlefish,
            spotted seatrout, and hogchocker (Bass et al., 1979).

            Both marine and freshwater fish inhabit the upper bay adjacent
            the outlets of the two rivers.    The river/bay interface is
            highly valuable as a producer of fish, providing primary
            nursery grounds (Bass and Yeager, 1983). Abundant fish of the
            upper bay are speckled worm eel, bay anchovy, Gulf pipefish,
            bluegill, redear sunfish, and naked goby.        other common
            species are longnose gar, coastal shiner, spot, striped
            mullet, and clown goby. Freshwater species found occasionally
            include spotted gar, bowfin, chain pickerel, spotter sucker,
            tadpole madtom, brook silverside, warmouth, longear sunfish,
            spotted sunfish, and bluespotted sunfish (Bass and Hitt,
            1977).

            Marine species caught by anglers at the mouth of the Yellow
            River include spotted seatrout, red drum, flounder, croaker,
            spot, sting ray, bull shark, gafftopsail catfish, and sea
            catfish.

            Overall, the Yellow River System is high in numbers of fish
            species, but production of sport fish is relatively low in
            comparison to other Florida streams (Bass et al., 1979).








                                          30












              2. Mammals

              The marsh and bottomland hardwood communities provide habitat
              for numerous mammalian species. White-tailed deer, a popular
              game animal, frequents both areas, mainly because of the
              escape cover and browse provided (McWhite, 1984). Many other
              common hardwood f orest and wetland inhabitants occur here,
              including squirrel, armadillo, raccoon, bobcat, coyote, wild
              hog, beaver, fox, swamp rabbit, opposum, mink, and river
              otter.   The Florida black bear, a threatened species, also
              inhabits the area.    Refer to Table 5 for a detailed list of
              species.


              The continuum of uplands to forested wetlands to marsh habitat
              offers these and smaller mammals excellent home range,
              foraging opportunities, and escape cover from excessive human
              activity and predators. The two primary factors contributing
              to this are the rural nature of northern adjacent uplands and
              the forested lands of Eglin Air Force Base abutting the south
              and eastern preserve boundaries of the aquatic preserve.

              3. Reptiles and Amphibians

              A variety and abundance of reptiles and amphibians 'Occur in
              the preserve.    The American alligator, which is listed as a
              species of special concern by the Florida Game and Fresh Water
              Fish Commission, is a common inhabitant of the marsh and
              bottomlands. Numerous salamanders, frogs, and turtles occur
              throughout the floodplain.        Water snakes, including the
              poisonous cottonmouth, are also common to both bottomland and
              marsh communities. Refer to Table 5 for a detailed list of
              species.

              4. Birds

              Wading birds, raptors, songbirds and waterfowl frequent all
              habitat types within the preserve.

              Some of the more conspicuous wading birds found loafing or
              foraging in the marsh or emergent vegetation include: great
              blue heron, least bittern, and snowy egret. Raptors such as
              the osprey, hawks, and the endangered bald eagle utilize all
              communities, nesting in larger trees in the inner marsh'and
              swamp forest and feeding in the estuary and floodplain. While
              ospreys are very common in the preserve, bald eagles are quite
              rare. Songbirds are ubiquitous among the arboreal habitats of
              the bottomlands.       Various species of ducks are found
              throughout the preserve.      Wood ducks normally inhabit the
              swamp forest, nesting in tree cavities and consuming acorns as
              a primary food. They are usually year-round residents in this
              area.    Migratory ducks such as scaup, and pintail may
              temporarily stop at the river or bay during winter. See Table


                                              31









            5 for a detailed list of bird species which inhabit the
            preserve.

            S. Benthic Macroinvertebrates

            Benthic macro invertebrates of the Yellow River System were
            sampled by the Florida Game and Freshwater Fish Commission
            (Bass et al., 1979).       The report contains a detailed
            description of substrates and species collected at various
            sites and habitats in the  preserve.   Substrates ranged from
            mud and aquatic vegetation to coarse sand. Blackwater Bay was
            sampled by the Game and Freshwater Fish Commission (Bass and
            Hitt, 1977) as part of a larger survey of the Blackwater River
            system.

            Substrate type appears to be of greater importance than water
            quality or current velocity in determining species present.
            Fine sand, mud, and vegetation are all productive of benthos
            whether they occur in the rivers or bay. Clean sands, whether
            in still or moving water are relatively unproductive (Bass and
            Hitt, 1977).

            Dominant bay and shoreline benthos include both oligochaete
            and polychaete worms, clams, snails, midge larvae, mysid
            shrimp, and amphipods and isopods (small flattened crustaceans
            such as beach fleas). The amphipods and isopods are abundant
            in the grassbeds and sandy areas of the preserve.

            Common river benthos include polychaete and oligochaete worms,
            leeches, copepods, mysid shrimp, amphipods, isopods, midge
            larvae, mayfly nymphs, crayfish, caddisfly larvae, dragonfly
            and damselfly larvae, dobsonfly, aquatic beetles, culicidae,
            snails, mussels, and clams.

            oyster harvesting in and adjacent to the preserve contributes
            to the economy of Santa Rosa County. The oyster industry has
            experienced a slump in recent years after peaking in 1985.

            6. Designated Species

            Some designated animal species which have legal protection
            pursuant to the Endangered Species Act of 1973, are assumed to
            be found within the vicinity of the preserve. Table 6 lists
            species endangered, threatened, or of special concern which
            may be f ound in or near the preserve.      For management of
            designated plant species, the Florida Natural Areas Inventory
            Special Plant List, a cooperative effort between the
            Department of Natural Resources and the Nature Conservancy,
            is the primary reference source. For management of designated
            animal species, the Florida Game and Fresh Water Fish
            Commission (FGFWFC) (list published in 39-27.03-05, F.A.C.) is
            the primary reference source.     The United States Fish and



                                          32









             Wildlife Service (USFWS) is responsible for implementing the
             provisions of the federal act.

             Species may be classified as rare, endangered,       threatened,
             under review for listing, or of special concern.      Endangered
             species are those threatened with extinction if the  deleterious
             factors affecting their populations continue.         These are
             species whose numbers have already declined         to such a
             critically low level, or whose habitats have been  so seriously
             reduced or degraded that without active assistance, survival is
             questionable.  Threatened species are those likely to become
             endangered in the foreseeable future if current trends
             continue.   Under review species are being considered for
             designation. Species of special concern are those that warrant
             special attention even though they do not fit the other
             categories. These species, although perhaps not rare, may be
             especially vulnerable to certain types of exploitation or
             environmental changes and have experienced long term population
             declines. Species of this designation may also have potential
             impact on endangered or threatened populations of other
             species.


             H. ARCHAEOLOGICAL AND HISTORICAL RESOURCES

             Although little archaeological investigation has been conducted
             in the region around the Yellow River, the following is a brief
             evaluation from Little, K.J., C. Curren, and L. McKenzie
             (1988).

             Investigations have demonstrated that at least portions.of the
             Blackwater drainage (including Yellow River) are rich in
             archaeological resources. Components of most cultural periods
             were identified, with the exception of sixteenth and eighteenth
             century colonial sites.

             Data derived from 44 archaeological sites were recorded during
             the survey. Thirty five were newly recorded sites and 9 were
             previously recorded.     Fifteen of these sites are located
             directly within the aquatic preserve. Archaeological resources
             here are consistently being impacted by shoreline inundation
             and erosion, treasure hunters and commercial and residential
             development, indicating the need for further preservation.


             I. REGIONAL LAND USE, DEVELOPMENT AND ASSOCIATED IMPACTS


             1. ADJACENT UPLAND USES


             Land use adjacent to.the preserve is predominately classified
             as rural. According to the West Florida Comprehensive Regional
             Policy Plan (1987) this classification includes agricultural,
             range and forested lands.


                                            33









            The preliminary coastal element of the Santa Rosa County
            Comprehensive Plan (1989) further designates this land as
            Santa Rosa County Coastal Area. Eglin Air Force Base at the
            eastern boundary is the only exception, being categorized as
            "Military Holdings".

            The preliminary Santa Rosa County Comprehensive Plan also
            designates land within the coastal area as residential and
            commercial.   Most of the residential acreage is presently
            deemed rural residential/agricultural due to the rural nature
            of the land (Santa Rosa Comprehensive Plan, 1989).

            Characteristic land uses adjacent to the preserve are further
            broken down into the following categories:          low or no
            development, low-density residential, medium to high density
            residential, commercial, recreational and military holdings.
            A more detailed outline of local land use is provided in the
            local government land use map in Figure 5.

                a. RESIDENTIAL

                    1.   Low or No Development:       This designation is
                         characterized by areas in essentially natural
                         conditions with little or no land alterations or
                         structural development. The complete north shore
                         of the Yellow River with the exception of an
                         approximate one half linear mile section near
                         Highway 87, is in this designation. The brackish
                         marsh system at the mouth of the river is also of
                         this land use.     These tracts are in private
                         ownership and have little impact on open waters
                         of the preserve due to the buffering effect of
                         the vast bottomland hardwood community.

                     2.  Low-Density Residential:       Adjacent to the
                         bottomland hardwoods, most of the land is
                         designated as rural, with forest lands being
                         interspersed by small range and farmlands.
                         Single-family homes on 5 to 100 acres tracts are
                         characteristic of this area.    In addition, Low-
                         Density residential development occurs on the
                         uplands at the southwest periphery near White
                         Point. This area contains numerous single-family
                         residences and the small community of Dickerson
                         City with numerous single-family homes.

                    3.   Medium to High Densitv Residential:            From
                         Dickerson City northward to Robinson Point the
                         uplands adjacent to the west shore of Blackwater
                         Bay are characterized by numerous individual
                         subdivisions in early stages of development.
                         Areas such as Villa Garcon, Blackwater Bay Estates



                                           34








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                                                             191


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                                                                                                                            ................
                                                                                        Bay Point
                                                                                                          .................
                                                                          191C                                    ........


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                                                                                                                                                 N've
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                                ICK



                                                          4F


                                                                                                                                         [email protected], -i.
                                                                  FIGURE 5. Adjacent Land Use
                                                                                 Rural                                                                               S
                                 S                                               Residential                                                                     T 2 S
                                                                                 Agricultural

                                                                                 Residential Low Density
                                        M. te Point                              (2-4 units/acres)

                      Garcon Point                                               U.S. Govt./Conservation
                                                                     9k" i@,*.

                                                                                 Tourist
                                                                                 Commercial
                                   Jim


                                                                                   35




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                           and Hammock De Galvez represent increasing
                           suburban growth. Small cattle farms and expanses
                           of   pine   forest    separate   many    of    these
                           subdivisions.    Much of the land is f or sale.
                           Adjacent uplands from Robinson Point northeast to
                           Bay Point have experienced    moderate development
                           in addition to commercial expansion.           Small
                           waterways such as Jakes Bayou and Sandy Point
                           Bayou are also sights of increased residential
                           development.    Docking facilities are prominent
                           along the shoreline.

                  b.  COMMERCIAL: Three water dependent commercial areas are
                      located immediately adjacent to the preserve. Brown's
                      Fish Camp and Cooey I s Fish Camp are located on the
                      Yellow River, and Nicholls Marina is situated on a
                      canal, on the west shore of Blackwater Bay. Brown's
                      Fish Camp has a boat ramp, approximately 10 homes and
                      mobile   homes,   restrooms,    and   a   wood    seawall
                      approximately 20 feet in length.     Nicholls Marina is
                      a large boat landing facility and is the permanent
                      mooring site for about 20 to 30 vessels.         Nicholls
                      Restaurant is also at this location.

                  C.  RECREATIONAL:      The   above   facilities     represent
                      recreational uses when viewed from the context of
                      "associated boat use"J,     as do the many docking
                      facilities extending from the west boundary uplands.

                  d.  MILITARY HOLDINGS: The military holding of Eglin Air
                      Force Base is adjacent to the bottomland hardwoods and
                      marsh system to the south and east. This land consist
                      of mid- successional longleaf pine (Pinus nalustris)
                      and loblolly pine (Pinus taeda).          There is no
                      development in this area with the exception of a
                      landing field approximately one and a half miles from
                      the preserve. The land is used primarily for forestry
                      and wildlife management purposes.


             2. CURRENT USES OF THE PRESERVE

             Uses of the preserve can be divided into four general
             categories:     Public/Recreation, Private, Commercial, and
             Public Utilities.

                  a.  PUBLIC/RECREATION:   Recreational boating and fishing
                      are major uses of preserve waters.        The f avorable
                      fishing in the Yellow River and associated marsh
                      attract sportsmen who use mainly the two launching
                      facilities in the northeast section of the preserve,
                      Brown's Fish Camp and Cooey's Fish Camp. . Blackwater
                      and East Bay are utilized moderately as brackish game


                                             37









                    fishing areas.    These bays are frequently used as
                    navigation routes for large vessels to the Gulf of
                    Mexico from municipalities on the Blackwater River such
                    as Milton and Bagdad. A number of these vessels are
                    moored at Nicholls Marina near the mouth of the
                    Blackwater River, as discussed in the "ADJACENT LAND
                    USE" section.

                b.  PRIVATE:    Approximately 20 docking facilities, in
                    addition to numerous seawalls on the Blackwater Bay,
                    provide   for boat mooring,      fishing   and    scenic
                    observation as major private uses.     There are three
                    private docks on the Yellow River and Marsh, and one
                    "houseboat" near Cooey's Fish Camp.

                c.  COMMERCIAL: Commercial uses include the one restaurant
                    and the marina. Two public boat launching facilities
                    are present.    The bay portions of the preserve are
                    classified "Prohibited" and "Conditionally Approved"
                    for   shellfishing,   and   there   are  no i  shellfish
                    propagation leases in Blackwater Bay or the preserve
                    portion of East Bay. The eastern oyster (Crassostrea
                    virginica) , however, has potential economic value in
                    Blackwater Bay according to Teehan and Barnett (1989).
                    Blackwater and East Bays are utilized moderately for
                    crabbing and mullet netting.

                d.  PUBLIC UTILITIES: A large powerline crosses the Yellow
                    River about three tenths of a mile from the Highway 87
                    northeast boundary of the preserve.      The powerline
                    requires a right-of-way of approximately 250 linear
                    feet on either side of the river. Five navigational
                    lights are situated in the Blackwater Bay as channel
                    markers.



            3. PLANNED USE

            Increased population and development will most likely impact
            the preserve with added water degradation from urban runoff,
            sewage leachate, etc.     As noted earlier, homes on Garcon
            Peninsula, the area of most intense development, are not
            connected to central sewage treatment. Soils are mostly very
            poorly drained and unsuitable for septic tanks. This area is
            allowed a density up to four homes per acre.

            The population of Santa Rosa County was 70,900 at the
            beginning of 1990. The projected population    is approximately
            77,300 by 1995 and 82,200 by the year 2000 (Dorman and Assoc.,
            Pers. Comm.).

            A planned bridge to cross East Bay would no doubt encourage
            development of the uplands on the west side of the preserve.


                                           38









             This proposed location of the bridge is outside the aquatic
             preserve.    If constructed, indirect impacts may occur to
             waters of the preserve and associated resources.            Added
             turbidity, losses of marsh vegetation and hydrocarbon
             pollution are some possible impacts. It should also further
             increase    development   on   Garcon    Peninsula.       Careful
             environmental impacts studies will be essential     to determine
             the environmental feasibility of this bridge.

             According to the preliminary Coastal Management Element of the
             Santa Rosa County Comprehensive Plan, "Development and
             redevelopment near estuaries can potentially impact water
             quality,    circulation    patterns,    and   accumulation     of
             contaminants in sediments. To minimize potential impacts, a
             system of county, state and federal regulations have been
             developed".







































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                                        TABLE I


                              FORESTED WETLAND VEGETATION



             TREES AND SHRUBS:


          COMMON NAME                         SCIENTIFIC NAME

          Water hickory                       Carva aguatica
          Sweetgum                            Licruidambar styraciflua
          Swamp tupelo                        Nyssa sylvatica
          Sweetbay                            Magnolia virginiana
          Black titi                          Cliftonia monophylla
          White titi                          Cyrilla racimiflora
          River birch                         Betula nigra
          Laurel oak                          Ouercus  laurifolia
          Overcup oak                         Ouercus  lyrata
          Water oak                           Quercus  nigra
          Shumard oak                         Quercus  shumardii
          Swamp chestnut oak                  Ouercus  michauxii
          Willow oak                          Ouercus  phellos
          American hornbeam                   CarRinus caroliniana
          Bald cypress                        Taxodium distichum
          Atlantic white cedar                Chamaecyparis thvoides
          Red cedar                           Juniperus silicicola
          Spruce pine                         Pinus glabra
          Pond pine                           Pinus serotina
          Slash pine                          Pinus elliottii
          Loblolly pine                       Pinus taeda
          Sugarberry                          Celtis laevigata
          Red maple                           Acer rubrum
          Dogwood                             Cornus florida
          Box elder                           Acer negundo
          Dahoon holly                        Ilex cassine
          Black walnut                        Juglans nigra
          Black willow                        Salix nigra
          American elm                        Ulmus americanan
          Green ash                           Fraxinus Pennsylvanica
          Sycamore                            Platanus americana
          Loblolly bay                        Gordonia lasianthus
          Red bay                             Persea borbonia
          Dog hobble                          Leucothoe sp.
          Fetterbush                          Lyonia lucida
          Large gallberry                     Ilex coricea
          Myrtle-leaved holly                 Ilex myrtifolia
          Sweet pepperbush                    Clethra alnifolia
          Virginia willow                     Itea virginica
          Blackgum                            Nyssa biflora
          Water ash                           Fraxinus carolinensis
          Buttonbush                          Cephalanthus occidentalis





                                           41











                                       TABLE 2


                     TIDAL MARSH AND FLOODPLAIN MARSH VEGETATION



         COMMON NAME                         SCIENTIFIC NAME


         Needlerush                          Juncus spp.
         Smooth cordgrass                    Spartina alterniflora
         Marshhay cordgrass                  Spartina patens
         Bulrush                             Scirpus spp.
         Coastal dropseed                    Sporobolus virginicus
         Seashore paspalum                   Paspalum vaginatum
         Seashore saltgrass                  Distichlis spicata
         Shoregrass                          Monanthochole littoralis
         Sea ox-eye daisy                    Borrichia frutescens
         Glasswort                           Salicornia virginica
         Saltwort                            Batis maritima
         Beak rush                           Rynchospora spp.
         Maidencane                          Panicum hemitomon
         Sedge                               Carex spp., Cyperus spp.
         Common reed                         Phraamites australis
         Sawgrass                            Cladium lamaicenis
         Spike rush                          Eleocharis spp.
         Arrowhead                           Sagittaria spp.
         Golden club                         Orontium aauaticum
         Blue flag                           Iris hexagona
         Cattail                             Typha spp.
         Pickerelweed                        Pontideria cordata
         Smartweed                           Polygonum punctatum
         Pennywort                           Hydrocotyle umbellata
         St. John's wort                     Hypericum spp.






                                       TABLE 3


                             SUBMERGED AQUATIC VEGETATION



         COMMON NAME                         SCIENTIFIC NAME

         Tapegrass                           Vallisneria americana
         Widgeon grass                       Ruppia maritima
         Lemon bacopa                        Bacopa caroliniana
         Green fanwort                       Cabomba caroliniana
         Southern Naiad                      Najas quadalupensis
         Bladderwort                         Utricularia spp.





                                          42












                                        TABLE 4


                                  GENERAL FISH SPECIES



             COMMON NAME                           SCIENTIFIC NAME


             Lake Chubsucker                       Erimvzon sucetta
             Yellow Bullhead                       Ictalurus natalis
             Mosquitofish                          Gambusia  affinis
             Bluegill                              Lepomis macrochirus
             Sailfin shiner                        Pteronotr6Ris
                                                         hyselopterus
             Pirate Perch                          Aphredoderus sayanus
             Spotted Sunfish                       Lepomis punctatus
             Blackbanded Darter                    Percing nigrofasciata
             Shadow Bass                           Ambloplites, ariommus
             Flagfin Shiner                        Pternotropis signipinnis
             Weed Shiner                           Notropis texanus
             Spotted Sucker                        Minytrema melanoys
            @Longear Sunfish                       Lepomis megalotis
             Largemouth Bass                       Micropterus salmoides
             Chain Pickerel                        Esox niger
             Redear Sunfish                        LeROmis microlophus
             Channel Catfish                       Ictalurus punctatus
             Gafftopsail catfish                   Bagre marinus
             Gulf Menhaden                         Brevoortia patronus
             Atlantic Croaker                      Micropogonias undulatus
             Spot                                  Leiostomus xanthurus
             Tidewater Silverside                  Menidia beryllina
             Bay Anchovy                           Anchoa mitchilli
             Naked Goby                            Gobiosoma bosci
             Striped Mullet                        Mugil cephalus
             Black Drum                            Pogonias cromis
             Killifish                             Fundulus spp.
             Tadpole madtom                        Notorus gyrinus


















                                           43












                                       TABLE 5


                               GENERAL WILDLIFE SPECIES



            MAMMALS


            COMMON NAME                          SCIENTIFIC NAME

            White-tailed Deer                    Odocoileus virginianus
            Florida Black Bear                   Ursus americanus
            Beaver                               Castor canadensis
            Muskrat                              Ondatra zibethica
            Raccoon                              Procyon lotor
            Eastern Gray Squirrel                Sciurus carolinesis
            Eastern Fox Squirrel                 Sciurus n iger
            Marsh Rabbit                         Sylvilacrus palustris
            Gray Fox                             Urocyon cinereoargenteus
            Red Fox                              Vulpes vulpes
            River Otter                          Lutra canadensis
            Armadillo                            Dasypus novemcinctus
            Eastern Coyote                       Canis latrans
            Spotted Skunk                        Spilogale putorius
            Wild Pig                             Sus scrofa
            Bobcat                               Lynx rufus
            Mink                                 Mustela vison




            REPTILES AND AMPHIBIANS


            COMMON NAME                          SCIENTIFIC NAME

            American Alligator                   Alligator
                                                      mississippiensis
            Alligator Snapping Turtle            Macroclemys temminckii
            Musk Turtle                          Sternotherus odoratus
            Mud Turtle                           Kinosternon subrubrum
            Diamondback Terrapin                 Malaclemys terrapin
            Florida Cooter                       Pseudemys floridana
            Mobile Cooter                        Pseudemys concinna
            Florida Softshell                    Trionyx ferox
            Cottonmouth                          Agkistrodon Riscivorous
            Mud Snake                            Farancia abacura
            Queen Snake                          Natrix septemvittata
            Brown Water Snake                    Natrix taxisvilota
            Green Water Snake                    Natrix cyclopion
            Banded Water Snake                   Natrix fasciata
            Tiger Salamander                     Ambystoma tigrinum
            Red Salamander                       Pseudotriton ruber
            Central Newt                         Notophthalmus
                                                       viridescens
            Dusky Salamander                     Desmognathus auriculatus


                                          44












                                         TABLE 5


                                GENERAL WILDIFE SPECIES
                                       (continued)


             Tree Frog                            Hyla spp.
             Bull Frog                            Rana catesbeiana
             Kingsnake                            Lampropeltis getulus
             Gartersnake                          Thamnophis sirtalis
             Ribbon Snake                         Thamnophis sauritus




             BIRDS


             COMMON NAME                          SCIENTIFIC NAME

             Osprey                               Pandion haliaetus
             Snowy Egret                          Egretta thula
             Great Egret                          Casmerodius albus
             Great Blue Heron                     Ardea herodias
             Eastern Brown Pelican                Pelecanus occidentalis
             Anhinga                              Anhinga anhinga leucogaster
             Florida Cormorant                    Phalacrocorax auritus
             Little Blue Heron                    Egretta caerulea
             Black-Crowned Night Heron            Nvcticorax nvcticorax hoactli
             American Bittern                     Botaurus lentiginosus
             Least Bittern                        Ixobrychus exilis
             White This                           Eudocimus albus
             Wood Stork                           Mvcteria americana
             Black Duck                           Anas rubriDes
             Wood Duck                            Aix sponsa
             Pintail                              Anas acuta
             Marsh Hawk                           Circus cyaneus
             Bald Eagle                           Haliaeetus leucocephalus
             Wild Turkey                          Meleagris gallonavo
             Rails                                Rallus spp.
             Belted Kingfisher                    Megaceryle alcyon















                                          45












                                      TABLE 6


                            DESIGNATED WILDLIFE SPECIES
             LIKELY TO OCCUR IN THE YELLOW RIVER MARSH AQUATIC PRESERVE



           COMMON NAME/SCIENTIFIC NAME          FGPWFC            USFWS



           BIRDS:


           Southeastern Kestrel
             Falco sparv rius paulus              T               UR2

           Little Blue Heron
             Earetta caerulea                    SSC


           Snowy Egret
             Earetta thula                       SSC


           Tricolored Heron
             Egretta tricolor                    SSC

           Bald Eagle
             Haliaeetus leucocephalus             T                 E


           Least Tern
             Sterna antillarum                    T


           Brown Pelican
             Pelecanus occidentalis              SSC


           Osprey
             Pandion haliaetus                   SSC

           Peregrine Falcon
             Falco peregrinus                     T



           MAMMALS:


           Florida mink
             Mustala vison lutensis                                UR2


           Round-tailed muskrat
             Neofiber alleni                                       UR2

           Eastern chipmunk
             Tamias striatus                     SSC


           Florida black bear
             Ursus americanus floridanus          T                UR2




                                         46











            AMPHIBIANS AND REPTILES:           FGFWFC             USFWS

            American alligator
              Alligator mississippiensis         SSC              T(S/A)

            Alabama map turtle
              Graptemys pulchra                  SSC               UR2

            Florida Bog Frog
              Rana okaloosae                     SSC


            Gulf Saltmarsh Snake
              Nerodia fasciata clarkii            E

            Pine Barrens,tree frog
              Hyla andersonii                    SSC               UR5

            Alligator Snapping Turtle
              Macroclemys temminckii             SSC               UR2_



            FISH:

            Atlantic Sturgeon
              Acipenser oxyrhynchus              SSC               UR2

            Blackmouth Shiner
              Notrovis melanostomus               E                UR2

            Bluenose Shiner
              PteronotroDis welaka               SSC





            INVERTEBRATES:

            American Sand-burrowing Mayfly
              Dolania americana                   T

            Blackwater Sandfiltering Mayfly
              Homoeoneuria dolani                 T


            Gulf Clubtail
              Gomphus modestus                    T

            Meridion Mayfly
              Pseudiron meridionalis              T








                                          47












            Plants:


            COMMON NAMEZSCIENTIFIC NAME            FNAX

            Panhandle Lily
              Lillium iridollae                      E

            Orange Azalea
              Rhododendron austrinum                 E

            Ashe's Magnolia
              Magnolia ashei                         E

            White-top pitcher plant
              Sarracenia leucophylla                 E



            FNAI          Florida Natural Area Inventory
            FGFWFC        Florida Game & Fresh Water Fish Commission
            USFWS         United States Fish & Wildlife Service
            E             Endangered
            T             Threatened
            T(S/A)        Threatened  Due to Similarity of Appearance
            SSC           Species of  Special Concern
            UR2           Under review for federal listing, but substanial
                          evidence of biological vulnerability and/or threat
                          is lacking.
            UR5           Still formally under review for listing, but no
                          longer considered for listing because recent
                          information indicates species is more widespread
                          or abundant than previously believed.






















                                            48












                                        CHAPTER IV


                                     XANAGEXENT AREAS



             A. INTRODUCTION

             This chapter divides the Yellow River Xarsh Aquatic Preserve
             into separate management areas where general 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 cultural resources on
             submerged lands. The various management areas delineated may
             be classified similarly or differently as these factors vary
             in the preserve.

             The purpose of this chapter is four-fold: (1) to provide a
             better understanding of the general rule criteria designed to
             preserve and protect resources and habitat, (2) to identify
             the types of allowable uses on state-owned submerged lands
             within the aquatic preserve, (3) to provide local planners
             with a guide for land use decisions, and (4) to provide the
             staff of the Bureau of Submerged Lands.and Preserves and other
             agencies with a continuity of direction in regards to the
             management of aquatic preserves.     As such, this intent will
             afford 'habitat protection while sending some measure of
             predictability for allowable public and private uses in the
             aquatic preserve.

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


                                             49









            "not contrary to the public interest" for non-aquatic preserve
            areas.




            B. 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 or 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 by which
            proposed uses and activities must comply. The intent of these
            management area classifications is to make potential
            development activities compatible with resource protection
            goals.

            Designated or existing land uses are incorporated into the
            classification of management areas because use of the adjacent
            uplands has a direct bearing on the intensity of demand for
            uses- of state-owned submerged lands.     The Aquatic Preserve
            Program has no jurisdiction over the designated use of the
            adjacent uplands. As mentioned earlier, 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 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 (Sr):    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 is intended to include areas
               using the adjacent portion of the aquatic preserve solely
               for private recreational activities.



                                           50










                Commerci al- Industrial (CI)   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 (PRUL 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 are 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.

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

              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 the resource value shall be consistent with
              the latest procedure approved by the Bureau of Submerged Lands
              and Preserves. If an area within the preserve is designated
              as a Primary Resource Protection Area (PRPA), then it will be
              assigned a resource value of fill'. 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 112". A SRPA is a Resource      Protection Area
              3 as defined by Section 18-20.003(33), F.A.C.

              As stated previously, resource values are to      be incorporated
              into the classification of management areas.      For example, if
              an area within the preserve is determined to have a primary
              resource protection area, and if the adjacent land is zoned as
              a single-family residential neighborhood, it would be
              classified as a SF11 management area.





                                              51












             C. MINI14UN CRITERIA FOR ALLOWABLE USES

             Chapter 18-20, F.A.C. (Appendix A), provides the minimum
             standards with regard to utilization of the state-owned
             submerged lands within an aquatic preserve, as authorized by
             the Board of Trustees and DNR. It should be noted that other
             regulatory agencies' rules and jurisdictions over activities
             may also apply within aquatic preserves.              The minimum
             standards under Chapter 18.20, F.A.C., for each allowable use
             are detailed below:

             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 cannot exceed a maximum width of 4 feet.

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

                3.    May extend from the shoreline no further than to a
                      maximum depth of -4 feet mean low water (MLW).

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



                                              52









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

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

                7.   Dredging is strongly discouraged.


             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 and access channels shall not be
                     located in Resource Protection Areas 1 or 2; however,
                     main access docks may be allowed to pass through
                     Resource Protection Areas 1 or 2 that are located along
                     the shoreline, to reach an acceptable Resource
                     Protection Area 3, provided that such crossing will
                     generate minimal environmental impact.

                3.   The siting of docking facilities shall take into
                     account the access of the boat traf f ic 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.

                7.   Marinas shall not be sited within state designated
                     manatee sanctuaries.

                     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.

                                            53











            Piers:
            Piers will follow the standards of private residential single
            docks  or private residential multi-slip docks in accordance
            with  the appropriate dock requirement f or 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:
            Ramps may be permitted only on a case-by-case basis, after
            site inspection to assess the type and amount of shoreline or
            benthic vegetation or other habitat that would be impacted;
            the amount of filling of submerged lands required; and, the
            accessibility to the ramp from water or land access.


            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(l)(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.





                                            54










            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. It will
            be the policy within the Yellow River Marsh Aquatic Preserve
            to encourage the placement of utilities in designated
            corridors, or existing easements.


            SROil 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. Exceptions to this
            criteria may be granted where beach quality sand is
            transferred and deposited onto shoreline beaches as part of an
            approved beach restoration management plan.

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




            D. MANAGEMENT AREAS

            In this section, management areas have been delineated for the
            Yellow River Marsh Aquatic Preserve, (Figure 6). Boundaries,
            descriptions, and allowable uses are listed for each area.
            Due to changes that can occur from rezoning of adjacent
            uplands, and changing conditions on submerged lands, the final
            decision on approving, modifying or denying uses within the
            preserve will be made based on field surveys and assessments
            of project sites.

            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 a specific
            site is different from that shown on the map in Figure 6, the
            determination made during the site visit will be judged as the
            correct determination.




                                          55











                                 MANAGEMENT AREA AG/1
                    (agriculture/primary resource protection area)

                 (there are three designated areas in this category)


            Boundaries: The easternmost AG/1 area is def ined as all of the
            sovereignty submerged lands of the preserve, lying east of a
            line which extends south from a point where U.S. Highway 89
            terminates at the Yellow River, then traverses the river to
            meet the northwestern corner of the Eglin Air Force
            boundaries, and the island,lying west of the above mentioned
            line, in section 31.

            Description:  The area is characterized by an extensive
            riverine forest community with few man-made alterations. The
            adjacent uplands are rural and utilized for agricultural,
            range and forest production.     Emergent aquatic and wetland
            plants near shore are abundant and include dense stands of
            woody and herbaceous species. This river forest is alluvial
            in nature meaning that it is frequently inundated with flood
            waters and subsequently produces great amounts of detrital
            nutrients which are carried to the estuary. This area also
            offers spawning, growth, and foraging habitat for many
            important fish species due to the vegetative cover and high
            benthic macroinvertebrate production. Presently there is one
            boat ramp facility with boathouses in this area.             The
            boathouses are non-conforming uses.       There is a utility
            crossing in this area.

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



            Boundaries: The second AG/l area is defined as those submerged
            lands of the preserve that correspond with the uplands on
            northeast Garcon Peninsula, which abut the mean high water of
            Blackwater Bay and are designated as rural residential
            agricultural by the Santa Rosa County future land use map.

            Description: This portion is characterized by shoreline
            brackish marshes and shallow waters of extensive submerged
            aquatic vegetation.    The major submerged plant, tapegrass,
            Vallisneria americana, extends offshore to depths of
            approximately 1 to 4 feet at low tide. There are 3 docks in
            this area and no non-conforming uses.

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





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             Boundaries: The third AG/1 area is defined as those submerged
             lands of the preserve that correspond with the uplands on
             eastern Garcon Peninsula, which abut the mean high water of
             Blackwater Bay and are designated as rural residential/
             agriculture by the Santa Rosa County future land use map.

             Description: The 1200 feet of waterfront in this category is
             characterized by some offshore submerged vegetation, a narrow
             strip of sandy beach and shoreline resources of dense hardwood
             forested wetland. Alligator Bayou enters the preserve in this
             area. There is one non-conforming boat ramp at this site.

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


                                   MANAGEMENT AREA CI/1
                (commercial-industrial/primary resource protection area)

                          (there are two areas in this category)

             Boundaries:     The first area corresponds with a presently
             undeveloped upland section which has been zoned "tourist
             commercial"  by Santa Rosa County located on Bay Point.

             Description:    The designated area is characterized by marsh
             vegetation and moderate beds of submerged vegetation dominated
             by tapegrass, Vallisneria americana. Presently there are no
             structures in this area and it is used primarily for
             commercial and recreational fishing.

             Allowable Uses: Utility easements (in designated corridors).
             A single two-slip dock built in accordance with standards and
             criteria for private residential single docks; piers.
             note:    a commercial dock, however, may be permitted to pass
             over a primary resource protection area in order to reach a
             secondary resource protection area.


             Boundaries: The second area in this category is an existing
             fish camp along the Yellow River just west of Highway 89.

             Description: This area is characterized by dense bottomland
             forest and some aquatic vegetation.

             Allowable Uses: Utility easements (in designated corridors).
             A single two-slip dock built in accordance with standards and
             criteria for private residential single docks; piers.
             note:    a commercial dock, however, may be permitted to pass
             over a primary resource protection area in order to reach a
             secondary resource protection area.




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                                  MANAGEMENT AREA SFZI
                   (single-family/primary resource protection area)

                   (there are five designated area in this category)

            Boundaries:    The easternmost SF11 area includes all of the
            east shore of Blackwater Bay extending from the northeastern
            corner of the preserve in Blackwater Bay, south to Escribano
            Point.    The eastern boundaries of this area are the line
            formed by the U.S. Highway 89 extension which traverses the
            Yellow River until meeting the northwest corner of Eglin Air
            Force Base, then west to.Escribano Point.

            DescriRtion:    This area is characterized by an expansive
            brackish marsh system and extensive beds of submerged
            vegetation. Most of the area is inaccessible to humans except
            near Escribano Point and at the northern periphery. This area
            has few human alterations and is used for recreational and
            commercial fishing and hunting. The resources in this region
            are vital to the preserve because the vast river/marsh
            interface produces thousands of acre/feet of habitat for fish
            and wildlife, generates detritus, and serves to filter waters
            before entering the bay.

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


            Boundaries: The second SF/1 area is located on the northwest
            shoreline of Blackwater Bay beginning at the intersection of
            the mean high water line and the southern boundary of the
            tourist commercial designation in the extreme northwest corner
            of the preserve.      Then, follow the shoreline south until
            reaching the intersection of the mean high water line of
            Blackwater Bay and the northern boundary of the rural
            residential agricultural designation as outlined in the Santa
            Rosa County future land use map.

            Description: This area is characterized by moderate to dense
            brackish marshes with nearshore habitats of abundant submerged
            vegetation. Many bayous and streams such as Sandy Point Bayou
            and Jakes Bayou enter the preserve in this area and are sites
            of productive grassbeds. Upland development is increasing and
            approximately 10 docking facilities and 3 seawalls are
            present, in addition to an artificial channel on which
            Nicholls Marina is located. Many of the docks, seawalls and
            associated mooring structures appear to be non-conforming
            uses.


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




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             Boundaries:   The third SF11 area extends from the south
             boundary   line   of   the  rural   residential     agricultural
             designation at the mean high water line of Blackwater Bay,
             south to a point 500 feet south of the Eagle Point Monument.

             Description: This area is characterized by extensive brackish
             and salt marsh species and moderate to extensive submerged
             vegetation. There are several small sandy beaches, especially
             at a barrier spit where White Oak Bayou enters the preserve.
             This area is very productive for crustaceans and finfish.
             Development is increasing in the upland areas and 3 docks and
             1 seawall are present.      Two of these appear to be non-
             conforming.

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


             Boundaries: The fourth SF11 area begins at a point 4,000 feet
             south of where an extension of Blackwater Circle meets the
             mean high water line of Blackwater Bay.       From this point,
             follow the shoreline south to a point where an extension of
             Central Avenue intersects the mean high water line of East
             Bay.

             Description:   This area is characterized by some off shore
             submerged vegetation, a narrow strip of sandy beach and
             shoreline resources of dense hardwood wetland transitional
             vegetation.     These nearshore resources offer favorable
             wetland/upland habitat for wildlifespecies of the preserve.
             Benthic communities include abundant infaunal and epifaunal
             invertebrates such as     blue crabs and polycheate worms.
             Although development is increasing near this area, nearshore
             resources have yet to be greatly impacted, and minimal
             disturbance to shoreline vegetation has occurred. There are
             3 docks in this area and  no non-conforming uses.

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


             Boundaries:  The fifth SF11 area begins at a point 500 feet
             south of the intersection of Park Avenue and Bay Boulevard at
             "Dickerson City" and continues south to the southernmost
             preserve boundary at White Point.

             Description: This area is characterized by sparse submerged
             vegetation with a largely mud and sand substrate. A pristine
             salt marsh occurs in and adjacent to the area. This area is
             also bounded by an approximately 2,500 acre parcel of land
             proposed for purchase under the CARL program by the state.
             The "wet prairie" located within this acreage supports unique
             vegetation   such as endangered pitcher plants.              The


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            environmental sensitivity of this land reduces the possibility
            of future development.

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



                                 MANAGEMENT AREA SF/2
                  (single-family/secondary resource protection area)

                  (there are two designated areas in this category)

            Boundaries: The northernmost SF/2 area begins at a point of
            mean high water at Blackwater Bay 500 feet south of the Eagle
            Point Monument. From this site, follow the line of mean high
            water south until reaching a point 4,000 feet south of where
            an extension of Blackwater Circle meets Blackwater Bay.

            Description: The area is characterized by a sandy shoreline
            with sparse stands of marsh vegetation.      Benthic resources
            include . a sand and mud substrate with little submerged
            vegetation and some infaunal and epifaunal invertebrates of
            which blue crabs are the most conspicuous. Water depths are
            somewhat greater than a large extent of the west shore, making
            the area more easily accessible to boat traffic. Residential
            development is increasing markedly on the adjacent upland and
            several docks and seawalls have been constructed near shore.

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


            Boundaries:   The second SF/2 area is to the   south on Garcon
            Peninsula and begins at a point where an extension of Central
            Avenue intersects with the mean high water of East Bay. From
            this point go south to a point of mean high water 500 feet
            south of the intersection of Park Avenue and Bay Boulevard at
            Dickerson City.

            Description: The shoreline of this area consists of a mixture
            of sandy beaches, seawalls and some marsh vegetation. Most of
            the seawalls occur at the small population center known as
            Dickerson city.    These seawalls are in need of repair and
            there is much rubble in the shallow water. Additionally, 2
            pipes transport runoff from Dickerson City and surrounding
            areas into the preserve. There is little submerged vegetation
            in this area, and the main benthic resources are infaunal and
            epifaunal invertebrates.

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



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                                  MANAGEMEWT AREA PR/1
                  (public recreation/primary resource protection area)

             Boundaries: This area is defined as all sovereign submerged
             lands in and adjacent to Weaver River which borders the
             property owned by the federal government known as Eglin Air
             Force Base.

             Description:     Dense bottomland hardwoods and aquatic
             vegetation characterize this area.

             Allowable Uses: Utility easements (in designated corridors);
             public docks (a single two-slip dock built in accordance with
             the standards and criteria for private residential single
             docks), and boat ramps.


                                  MAN AGEMENT AREA OWZI
                     (open water/primary resource protection area)

             Boundaries:   This management area is defined as all state-
             owned submerged lands of Blackwater Bay, which are 500 feet
             waterward of MHW, within the aquatic preserve.

             Description:    This area is characterized by relatively
             shallow, dark waters of normally low salinities with submerged
             vegetation. Because of only fair to poor circulation in this
             area, activities which may pollute, increase sedimentation,
             etc., should be kept minimal. Major uses include recreational
             and commercial fishing and crabbing.

             Allowable Uses: Utility easements (in designated corridors).



                                  MANAGEMENT AREA OW/2
                    (open water/secondary resource protection area)

             Boundaries:   This management area is defined as all state-
             owned submerged lands of East Bay, which are 500 feet
             waterward of MHW, within the aquatic preserve.

             Description:    This area is characterized by some shallow
             waters, but generally deeper than Blackwater Bay. Waters are
             of low to moderate salinities with fair circulation.      Major
             uses are recreational and commercial fishing and crabbing.

             Allowable Uses:      Private leases, utility easements (in
             designated corridors), spoil disposal.






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                                   MILTON                                                      Go r..           8
                                                                                 89            N C4
                                                                                                        10
                       10        90            191 A




                                                                     191


                                                                                                                Gerwral
                                                                                                                commercial
                                                                                               Bay Point        Rih Camp

                                                                                 191C                                                          0



                                                                                                                                  ItIver
                                                                                                                                                   J
                                                                                           ns                                                        T 1 N                    87
                                                      T I N
                                                                                         0
                                                                                                                                       10
                                                      T 1 S
                                                                                     A
                                                                                                                               00
                       AVALON                                              t                                                              ELGIN AIR FORCE BASE
                         BEACH
                                                                  Al\\,\





                                281                                             EscrIbana
                                                                           41A    Point
                                                                          0
                                                                        .. It
                                                                        0
                                   DICKERSON U,          \   P /
                                                             0                 EastBa


                                                                        FIGURE 6. Management Areas

                                                                                  SF/1      Single-Famlly/Primary
                                  T 1 S                                                     Resource Protection Area                                                       T I S
                                                                                  SF/2      Single-Farnily/Secondary
                                  T 2 S                                                     Resource Protection Area                                                       T 2 S
                                                   4#
                                                                        EM        AG/1      Agriculture/Primary
                                                                                            Resource Protecflon Area
                                              White Point                         d/1       Cornmerclal-Industrial/PrImary
                                                                                            Resource Protecffon Area
                            Ciarcon Point                               MM        PR/I      Public Recreation/PrImary
                                                                                            Resource Protection Area
                                                                                            (Eglin Air Force Base land adjacent to Weaver River)
                                                                                            Open Water/Primory
                                                                        ow/1                Resource Protection Area
                                                                                            Open Water/Secondary
                                                                        OW/2                Resource Protection Area




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                                       CHAPTER V


                        SITE SPECIFIC MANAGEMENT ISSUES & NEEDS



            This chapter deals with management issues and initiatives
            involving specific activities and environmental processes that
            directly affect the biological integrity of the preserve. The
            issues that are specific to this area include, but are not
            limited to, increasing boat traffic, preservation of forested
            wetlands, preservation of marshes and wet prairie, and
            cooperation with Eglin Air Force Base. Management initiatives
            relative to these issues are intended to provide additional
            management direction not set forth by Chapter 258, F.S.,
            Chapter 18-20, F.A.C., or Chapter IV of this plan.

            Several of the site specific management issues and needs, as
            identified by public comments, are not within the jurisdiction
            of the Department of Natural Resources.        Because of the
            importance of these issues to the public, however, the issues
            have been included in this plan. The aquatic preserve manager
            shall develop a liaison with the appropriate jurisdictional or
            enforcement agency in an attempt to encourage a solution to
            the issues.



            1. BOATING ACTIVITY

               A large portion of the bay is shallow and presents
               navigational problems.    Additionally, expansive beds of
               submerged vegetation occur in one to three foot depths.
               Therefore, increased boating activity carries the potential
               to adversely impact this resource.       Damages from "prop
               dredging" and "scouring" of submerged grassbeds are a direct
               threat.



               MANAGEMENT INITIATIVES:

               (1)  Using the latest bathymetric information available,
                    identify areas of greatest boating impact on submerged
                    lands.

               (2)  Pursue with appropriate authorities the installation
                    of navigational aides to help reduce boating impacts
                    on the submerged resources.

               (3)  Develop educational programs to better inform the
                    boating public on the critical issue of boating impacts
                    and need to protect benthic vegetative communities.





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           2. PRESERVATION OF FORESTED WETLAND

               The forested wetland along the Yellow River is a virtually
               unspoiled resource in the preserve.     Its benef it to the
               whole of the preserve was outlined in Chapter III.        The
               ecological integrity of Yellow River Marsh depends greatly
               on preserving its forested wetland.      Although there is
               presently little disturbance to this forest, potential
               impacts from adjacent upland activity may increase.


               MANAGEMENT INITIATIVES:

               (1)  Promote through educational programs, appreciati  'on of
                    these forest communities as vital habitat within the
                    preserve, and the state.

               (2)  Promote and review the use of environmentally sound
                    agricultural and forestry practices in the adjacent
                    rural uplands.

               (3)  Through the permit application process, recommend
                    design techniques for docking and pier facilities which
                    would minimize the removal of trees and other native
                    vegetation in the riverine forest.




            3. PRESERVATION OF MARSH AND WET PRAIRIE

               Much like the riverine forest and associated communities,
               marsh habitat in the preserve is virtually unspoiled. The
               rural nature and sparse population of the adjacent uplands
               in the eastern region of the preserve have served to
               minimize damage to marshes from development.        However,
               marshes on the west coast of Blackwater and East Bay have
               experienced some loss and damage due to increased
               development in that area. These marshes in addition to the
               wet prairie are threatened by further development.


               MANAGEMENT INITIATIVES:

               (1)  Promote through education, the appreciation of marshes
                    as vital nursery areas for aquatic life; and the need
                    for preservation of wet prairies as one of the few
                    remaining habitats for endangered pitcher plants.

               (2)  Continue to pursue and emphasize as high priority    the
                    state's purchase of the wet prairies along Garcon
                    Peninsula through the CARL Program.




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               (3)  Coordinate development reviews with other applicable
                    agencies, such as DER, to ensure that adjacent land
                    uses and water dependent developments (i.e., marinas,
                    etc.), are located and designed to minimize loss of
                    submerged lands and nearshore wetland resources.




            4. EGLIN AIR FORCE BASE

               Eglin Air Force Base is a major land holder adjacent to the
               preserve, owning approximately 14 linear miles along the
               south and east boundary.     The area is primarily a pine
               dominated forest.



               MANAGEMENT INITIATIVES:

               (1)  Develop a cooperative status and close liaison with
                    Eglin Air Force Base environmental management personnel
                    to ensure present and future military uses of their
                    lands adjacent to Yellow River Marsh Aquatic Preserve
                    are consistent with protection of the preserve
                    resources.


               (2)  Initiate the mutual exchange of resource information
                    regarding military operations, such as low level
                    flights and jet noise that impact the aesthetics and
                    wildlife of the preserve.




            5. WATER QUALITY AND SEDIMENT QUALITY

               The Yellow River Marsh Aquatic Preserve is part of the
               Pensacola Bay System, which is a top S.W.I.M. priority in
               the state. The aquatic preserve is less impacted by human
               activity than other parts of the bay system.      There are,
               however, no water quality monitoring stations in or even
               @ear the preserve.       With pressures from development
               increasing, it is imperative that a water quality monitoring
               network be implemented as soon as possible.



               MANAGEMENT INITIATIVES:

               (1)  Coordinate with the Northwest Florida Water Management
                    District and Department of Environmental Regulation on
                    the need to increase water quality and sediment quality
                    monitoring within the preserve.     Work directly with
                    these agencies and DNR shellfish personnel to expand
                    monitoring of water quality.



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               (2) Maintain an inventory of point and nonpoint sources of
                   pollution which impact the preserve.




            6. REGULATION OF COMMERCIAL FISHING AND NETTING

            Local citizens I concerns are growing over the issues of (1)
            commercial shrimpers dragging nets past the shrimping line
            established in Blackwater Bay, (2) the use of drag nets and
            gill nets in the Yellow River, and (3) the impact these
            activities are having on the natural resources of.the area.


            MANAGEMENT INITIATIVES:

            (1)    Coordinate with the Florida Marine Patrol to enf orce
                   the shrimping setback line in Blackwater Bay.

            (2)    Coordinate with the Marine Fisheries Commission to
                   provide input and assistance in the development of new
                   shrimping rules soon to be established.

            (3)    Coordinate with the Marine Fisheries Commission to
                   establish netting regulations within the aquatic
                   preserve, especially in the Yellow River Aquatic
                   Preserve.


            (4)    Initiate studies to determine the detrimental effects,
                   if any, that shrimping and netting have on the
                   resources of the preserve.




            7. GARCON POINT TO REDrTSH POINT BRIDGE

               A bridge, just outside the boundaries of the aquatic
               preserve and immediately adjacent to the Garcon Point
               proposed CARL purchase, has been proposed to cross East Bay.
               As is typical of many large bridge development projects,
               there is strong public support both for and against the
               project.  Citizens have urged the Department of Natural
               Resources and the aquatic preserve manager to begin
               immediately to prepare a 'scenario of impact' that this
               bridge may have on the aquatic preserve and to make this
               document available to the public.



               MANAGEMENT INITIATIVES:


               (1) Evaluate the present status of the Garcon Point to
                   Redfish Point bridge and the Santa Rosa County Bridge
                   Authority (a self-appointed group).


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                (2) Using all available resourcest prepare an objective
                     analysis of potential impacts that this proposed bridge
                     may have on the aquatic preserve.




             S. BAJA BOATS

                Baja Boats proposed development project on the Blackwater
                River, north of the preserve boundary, is presently in
                "Inactive" f ile status. The project has not been permitted
                and the Department of Natural Resources is awaiting the
                submission of pertinent materials before a review of the
                project will be conducted. Citizens are concerned over the
                project because of the potential environmental impact and
                the unauthorized filling of wetlands which has already
                occurred in this project area.


                MANAGEMENT INITIATIVE:

                (1) Continue to monitor the status of the proposed Baja
                     Boats project and submit comments when appropriate on
                     any adverse impacts to the aquatic preserve.






























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                                       CHAPTER VI


                                MANAGEMENT ACTION PLAN


             The objective of this chapter is to establish guidelines that
             allow for the management and protection of the aquatic
             preserve's natural resources for the benefit of future
             generations (Section 258.35, F.S.).

             Bef ore an ef f ective program can be designed to manage and
             protect natural resources, it is necessary to recognize the
             type of resources present, their location., function, and
             importance.     Additional efforts should concentrate on
             identifying those activities or parameters that affect these
             resources, either positively or negatively. This information
             will form the foundation from which action will be initiated
             to manage and protect these resources. The strategies used in
             managing an aquatic preserve must consist of a variety of
                ponents such as resource management, resource protection,
             research, and environmental education.
             com


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

             * providing information on ecological functions and their
                economic importance,

             *  overseeing activities that affect or could affect the
                natural resources of preserve,

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

             *  ensuring that all statutes and rules regarding the
                preserve's natural resources are complied with and that
                violations are enforced by appropriate authorities,

             *  conducting on-site surveys for specific activities,

             *  coordinating with other resource management and enforcement
                agencies,

             *  educating the public on the inherent values associated with
                natural resources,

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

             *  developing a comprehensive management program that can be
                periodically updated.



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            A. RESOURCE MANAGEMENT

            The overall goals of      resource management within aquatic
            preserves are:

            ï¿½  conducting and maintaining resource inventories,
            ï¿½  assessing the impact of human activities on the resources,
            ï¿½  cooperating   with    other   agencies   in   water     quality
               improvement,
            ï¿½  participating in local land use decisions that may affect
               the submerged resources.


            GOAL A.1: Conduct and Maintain Resource Inventories

            objective A. 1. 1: To conduct and maintain a resource inventory
            of submerged and emergent vegetation.

            Task A.1.1.1:      Conduct a detailed inventory of submerged
                               and emergent vegetation by using LANDSAT
                               imagery, aerial photography and ground-
                               truthing efforts.

            Task A.I.I.2:      Conduct inventory  once every two years.


            Oblective A.1.2: To conduct an inventory of animal species,
            including designated species, and their habitats.

            Task A.1.2.1:      Conduct an inventory of animal species, with
                               emphasis on designated species and birds,
                               that feed, roost, loaf, breed, or nest in the
                               preserve, as well as their associated
                               habitats by using data from existing
                               literature, current research studies, and
                               groundtruthing efforts.

            Task A.1.2.2:      Conduct inventory once every two years.


            GOAL A.2: Assess the Impact of-Human Activities

            Objective A.2.1:   To inventory and assess the ef f ects of human
            activities on the natural resources and possible needs for
            restoration.

            Task A.2.1.1:      Conduct a survey of all structures and
                               activities in the preserve to determine the
                               extent and relationship between human impact
                               and the degradation of the natural resources.

            Task A.2.1.2:      Conduct inventory once every two years.



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             Task A.2.1.3:      Monitor patterns and trends of grassbeds
                                distribution in the, preserve.       Determine
                                areas which have been impacted by boating,
                                fishing, and other human activities.


             GOAL A.3: Coordinate With Other Agencies To Improve Water
                          Quality

             Objective A.3.1:    To coordinate with DER and the Northwest
             Florida Water Management District on improving water quality
             in the preserve.

             Task A.3.1.1:      Actively pursue procurement of basic water
                                quality monitoring supplies for the preserve.

             Task A.3.1.2:      maintain an inventory file and assess
                                available water quality data in the preserve.
                                Coordinate with DER and NWFWMD to determine
                                sources of degradation and evaluate possible
                                actions to improve water quality.        offer
                                input and assistance to the Pensacola Bay
                                System S.W.I.M. program.

             Task A.3.1.3:      Coordinate with the local mosquito control
                                district(s) , 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.

             Task A.3.1.4:      Identify point sources of pollution in the
                                adjacent uplands and assess the cumulative
                                impacts   for   monitoring    and     possible
                                remediation through DER and WMD.


             GOAL A.4: Restore Estuarine Habitat

             objective A.4.1: Identify suitable unvegetated and disturbed
             shoreline and submerged areas as restoration sites.

             Task 4.1.1:        Coordinate with the NWFWMD and Pensacola Bay
                                System Technical Advisory Committee to
                                identify and restore estuarine habitat in the
                                preserve where needed.


             GOAL A.5: Participate in Local Land Use Decisions

             objective    A.5.1:       To coordinate with local planning
             departments, regional planning councils, and the Department of


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            Community Affairs to develop/revise/evaluate Local Government
            Comprehensive Plans and amendments.

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




            B. RESOURCE PROTECTION

            In order to maintain the biological integrity of the aquatic
            preserve, it is imperative to protect the resources that
            comprise the system.        The primary thrust of resource
            protection is the protection and preservation of the various
            submerged land resources in the preserve. The goals of the
            Aquatic Preserve Program with regard to resource protection
            therefore include:

            ï¿½ protection of existing submerged and emergent vegetation
               through the permit application review process.

            ï¿½ protection of animal species, particularly designated
               species, and their associated habitats.


            GOAL B.1: Protection of Submerged and Emergent Vegetation

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

            Task B.1.1.1:      Develop a standard format for surveying the
                               biological resources at the project site.
                               The report shall include the following
                               information:

                               a)    location of the area surveyed, including
                                     the majority of the potentially affected
                                     area.


                               b)    assessment of the submerged bottoms and
                                     affected   shorelines    physical     and
                                     biological features.

                               C)    the definition of Primary and Secondary
                                     Resource Protection Areas will be used
                                     to determine if significant resources
                                     exist within the expected area of
                                     impact.


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             Task B.I.1.2:     Coordinate with appropriate DNR staff in
                               order to process the f ield comments in a
                               timely manner.


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

             objective B.1.2:  To ensure that structures and projects that
             have been built or are occurring have been authorized and are
             in compliance with authorized conditions.

             Task B.I.2.1:     Report activities that do not appear to have
                               been authorized to the appropriate DNR
                               enforcement agent.

             Task B.1.2.2:     Coordinate with the appropriate DNR staff to
                               receive copies of all letters of consent,
                               easements agreements, lease agreements, and
                               other forms of authorizations.

             Task B.I.2.3:     Report   variations   from the      authorized
                               conditions to the appropriate DNR enforcement
                               agent.

             Task B.1.2.4:     Coordinate with other appropriate agencies
                               that have regulatory authority for these
                               projects.

             objective B.1.3: To ensure other human uses of the preserve
             do not degrade the submerged or emergent vegetation.

             Task B.1.3.1:     Require that all dredge and fill projects use
                               effective turbidity control practices.

             Task B.I.3.2:     Assess the impact of shrimp trawling on the
                               submerged vegetation within the preserve.


             GOAL B.2: Protection of Animal SRecies, Particularly
                        Designated Species, and their Associated Habitats

             Obiective B.2.1: To comply with objective C.2.1 through the
             implementation of Tasks C.2.1.1 and C.2.1.2.

             Obiective B.2.2:    To ensure that these habitats are given
             maximum protection through the permit-review process.

             Task B.2.2.1:     Recommend modifications to proposed projects
                               in order to take into account known habitat
                               of designated species. Field staff will co-



                                           75










                                ordinate with the Florida Game and Fresh
                                Water Fish Commission when designated species
                                habitat or "significant use areas" could be
                                affected by proposed activities.




             C. RESEARCH


             The effective management of any biological system relies
             almost entirely on information relating how a system
             functions.     Research is the foundation upon which this
             information is based.

             ï¿½ to gain a better understanding of those factors which are
               essential to the continued biological integrity of the major
               habitats within the aquatic preserve;

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


             GOAL C.1: Integrity of Major Habitats

             Obj ective C. I - 1: To determine the primary f actors that af f ect
             the survival of species associated with marshes and riverine
             forest habitat.

             Task C.I.I.I:      Conduct information search by examining
                                existing literature and any current research
                                studies.

             Task C.I.I.2:      Assess the need for research on the major
                                habitat types within the preserve.

             Task  C.1.1.3:     Pursue, at the bureau level, grant funding
                                to conduct studies in the preserve on the
                                biology and ecology of grassbeds, marsh, and
                                forested wetlands present in the preserve
                                that will benefit the overall management of
                                the resources.



             GOAL C.2: Survival and Propagation of Designated Species

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

             Task C.2.1.1:      Coordinate with the Game and Fresh Water Fish
                                Commission, the U.S. Fish and Wildlife
                                Service, and any other relevant group to


                                             76









                               determine which designated species use what
                               portion of the aquatic preserve for various
                               aspects of their life cycle.

             Task C.2.1.2:     Establish a system of seasonal monitoring
                               sites to determine the use of the preserve
                               by designated species and birds.



             D. ENVIRONMENTAL EDUCATION

             The integrity of the biological system within the Yellow River
             Marsh Aquatic Preserve can be affected, both directly and
             indirectly, by the public's enjoyment of the preserve.
             Without a biologically "healthy" aquatic system, water quality
             will deteriorate, fisheries will fail due to loss'of habitat,
             and many species of wading birds will disappear. one of the
             primary aims of the Aquatic Preserve Program, therefore, is to
             educate the public as to the importance of the factors that
             affect the integrity of the preserve. The public may include
             students;- waterfront property owners; visitors and new
             residents; user groups, such as developers and marine
             contractors; special interest groups such as Audubon . and
             boating clubs; and local, regional and state government
             agencies that are involved in making decisions regarding the
             aquatic preserve.

             The overall goal of the environmental education element is to
             instruct individuals as to the importance of preserving our
             natural resources so that they may consider all issues prior
             to making decisions that affect these resources and to educate
             the public and make them responsible users of the preserve.
             Two DNR publications, Environmental Education in Florida:
             Needs and Goals, and A Guide for Environmental Education, are
             notable references available for the preserve manager to aid
             in accomplishing this goal.


             GOAL D.1: Public Education Toward Wise Resource Use

             Obiective D.I.  1: To establish and conduct environmental
             educational programs for public and private schools and to
             provide   assistance   to   other   educational   centers    and
             organizations.

             Task D.1.1.1:     Notify the county school board of the Aquatic
                               Preserve Program education efforts and the
                               availability of its staff to assist or
                               provide guidance for educational programs.

             Task D.1.1.2:     Coordinate with and assist local educational
                               centers and other facilities, (such as


                                            77











            Task D.1.1.2:      Coordinate with and assist local educational
                               centers and other facilities, (such as
                               Pensacola   Junior    College),   on     their
                               educational programs.

            Task D.1.1.3:      Provide field trips to the aquatic preserve
                               for interested parties.

            Task D.I.1.4:      Target educational programs towards audiences
                               that will have the greatest potential impact
                               on aquatic resources (e.g., boating clubs,
                               homeowners associations, developers, etc.).

            Task D.1.1.5:      Conduct or assist in informal seminars,
                               classes, or workshops for public discussion
                               of the current resource management issues,
                               resource   utilization,     and    regulatory
                               activities.   Public forums such as these
                               should involve private and public resource
                               users.


            objective D.1.2:     To produce educational literature and
            materials that inform the public of the preserves natural
            resources and the importance of preserving and protecting
            these resources.

            Task D.1.2.1:      Maintain and expand a specimen collection of
                               species commonly found in the aquatic
                               preserve for use in educational programs.

            Task D.1.2.2:      Develop slide programs, brochures, pamphlets,
                               and/or booklets that describe to the public
                               both the purpose of and activities conducted
                               by aquatic preserve field staff, and also
                               presents   general    information   on     the
                               preserve's ecosystem.

            Task D.1.2.3:      Develop at the field office a reference
                               library of material relevant to the areas
                               natural resources.

            Task D.I.2.4:      Submit   newspaper    articles   and     radio
                               announcements designed to educate the general
                               public about the ecological functions and
                               economic importance of the natural resources
                               within the preserve.   This approach may be
                               the vehicle with which to disseminate the
                               findings of recent research efforts to the
                               public.





                                           78









            Task D.1.3.1:     Participate   in   environmental    education
                              conferences and seminars to enhance teaching
                              skills and to become familiar with other
                              educational programs.

            Task D.I.3.2:     Pursue, at the bureau level, the necessary
                              funds to construct an environmental learning
                              center adjacent to the preserve.












































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                                         CHAPTER VII


                              MANAGEMENT COORDINATION NETWORK


              This chapter   briefly presents a general overview of the
              various federal, state, regional, and local agencies that
              regulate or hold any interest in the management or use of the
              Yellow River Marsh Aquatic Preserve.       One of the goals and
              objectives of the Aquatic Preserve Program is to coordinate
              with these agencies to achieve common goals relevant to the
              management and protection of resources in the preserve. Table
              7 provides the manager with a quick reference matrix of those
              agencies with specific jurisdictions in the preserve.

              It should be noted that many of the following federal, state,
              and local agencies with jurisdictions in the preserves may
              impose additional permit requirements on activities other than
              those previously outlined in Chapter IV of this plan.


              A. FEDERAL AGENCIES

              A number of federal agencies have property interests, land and
              wildlife    management     programs!      research     activities,
              construction activities, and regulation programs that deal
              either directly or indirectly with aquatic preserves.

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

              The U.S. Army Corps of Engineers (COE) has jurisdiction over
              inland navigable waters under the Rivers and Harbors Act of
              1899.   A revision of the Rivers and Harbors Act in 1968
              extended the Corps jurisdiction allowing them to consider the
              fish and wildlife, conservation, pollution, aesthetics,
              ecology and other relevant factors of a project.        The Corps
              regulatory program was expanded in 1972 to include the Federal
              Water Pollution Control Act Amendments, now known as the Clean
              Water Act (CWA). Section 404 of this act controls dredge and
              fill activities by the Corps and has since been extended to
              wetlands from Amendments to the CWA in 1977.

              The 'U.S. Coast Guard (USCG) monitors for boating safety and
              navigational problems; operates search and rescue missions;
              conducts surveillance of narcotics contraband; and enforces
              maritime laws.     The USCG also regulates construction of


                                              81








            bridges, causeways, and aerial utilities that may pose
            navigation hazards.     In the inland waters a volunteer group
            called the Coast Guard Auxiliary performs boating safety
            inspections and search and rescue missions.

            The U.S. Environmental Protection Agency (EPA)                  has
            Jurisdiction over surface waters in the state.         Enforcement
            authority was given under the Clean Water Act of 1972 and
            broadened under the 1977 revision. In general EPA is
            responsible for pollution control and abatement, including:
            air, water, noise, solid waste, toxic waste, and radiation.
            They review permits issued by DER for the treatment, disposal
            and storage of hazardous wastes. Authority is divided between
            EPA and the U.S. Coast Guard in regarding the discharge of oil
            or hazardous substances into surface water.

            The U.S. Geological Survey (USGS) , performs surveys and
            research pertaining to topography and water resources, and
            collects and publishes water resource data.

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

            The National marine Fisheries service (NMFS) under the U.S.
            Department of Commerce, records commercial fish landings,
            enforces national fishery laws, and protects vital fishery
            habitats.



            B. STATE AGENCIES

            Many state agencies have property interests, land and wildlife
            management programs, research activities, regulatory authority
            and construction activities within the preserve. Additionally,
            DNR administers other programs which may affect the resources
            and watershed of the preserve.

            The Department of Natural Resources (DNR) jurisdiction
            includes state lands, sovereignty submerged lands, and marine
            resources which include marine research projects.


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             The Division of marine Resources has several programs
             beneficial to aquatic preserves.          The Marine Research
             laboratory in St. Petersburg has several projects including
             resource protection area mapping, a survey of the status of
             oyster bars, and fishery habitat utilization studies which
             generate valuable resource management information. They also
             administer a permitting program for the collection certain
             marine species and the use of certain chemicals. The Aquatic
             Preserve Program receives notification of issuance of permits
             within the preserve. Marine Resources also conducts a variety
             of research projects, including those aimed at manatee and
             marine turtle protection.

             The Division of Law Enforcement's Marine Patrol enforces
             statutes relating to marine resources, fishery management
             laws, boating safety, vessel titl-ing/registration and illegal
             narcotics.

             The Division of State Lands, is granted authority under
             Chapters 18-20 and 18-21, F.A.C., "Sovereignty Submerged Land
             Management" which gives DNR the responsibility to regulate
             commercial and residential docks and other structures and
             activities conducted on submerged lands. In addition to the
             work related to aquatic preserves, the Division of State Lands
             is charged with overseeing uses, sales, leases, or transfers
             of all state-owned lands. The aquatic preserve staff interact
             with other staff of State Lands in all transactions concerning
             submerged lands within the preserve including acquisition of
             privately titled submerged lands or contiguous uplands
             important to the integrity of the preserve. Land acquisition
             is conducted through the Conservation and Recreation Lands
             (CARL) program, authorized under Chapter 253, F.S.

             The Division of Resource Management is responsible for the
             management of aquatic plants, mineral resources, oil and gas
             exploration, and geologic studies. Chapters 369.20 - 369.22,
             F.S:, authorizes the Bureau of Aquatic Plants to regulate
             various aquatic plant control programs, including permitting
             for mechanical, biological, and chemical control of aquatic
             plants.    Permits are also necessary under Chapter 16C-52,
             F.A.C.,    "Aquatic    Plant    Importation,     Transportation,
             Cultivation and Possession", for any persons cultivating,
             vegetating, or collecting aquatic plants.       The Division of
             Resource Management 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 activities likely to affect the physical condition of the
             beach and shore (Chapter 161, F.S.)




                                            83









            The Marine Fisheries Commission (mrc) manages 'marine life by
            regulating the harvesting of all marine life except designated
            species.     Their authority covers gear specification,
            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.

            The Department of Environmental Regffilation (DER)            is
            responsible for   regulating air, water, noise, wastewater,
            stormwater, and hazardous waste pollution through a permitting
            and certification process.     DER also serves as the state
            contact for the initiation of dredge and fill applications in
            conjunction with the COE and DUR. The permitting process is
            a key management tool for the protection of the preserve.

            The DER's rules significant to the Aquatic Preserve Program
            are Chapters 17-301, 17-302, 17-4, and 17-312, F.A.C.
            Authority for these rules is based in Chapter 403, F.S.
            chapter 17-301 and 17-302, F.A.C., addresses water quality
            standards with the most stringent category being "Outstanding
            Florida Waters" (OFW). Special protection for OFW`1s is found
            in 17.302.700, F.A.C. As an OFW, ambient conditions, instead
            of prescribed values, become the water quality standards for
            the waterbody.    Yellow River Marsh was designated as an
            Outstanding Florida Water in 1979.       Chapter 17-4, F.A.C.
            addresses permit requirements, and Chapter 17-312, F.A.C.
            covers dredge and fill activities.

            Section 253.77, F.S., as amended by the Warren S. Henderson
            Wetlands Protection Act of 1984, requires that any person
            requesting use of state-owned lands shall have prior approval
            of the Board of Trustees.    An interagency agreement between
            DNR and DER provides for DNR staff comments into the DER
            permitting process for environmental impacts in aquatic
            preserves.

            The DER's Coastal Zone Management Section is charged with
            coordinating activities related to coastal management and
            awards grants for research and management planning. The DER's
            Intergovernmental Coordination Section reviews federal actions
            for consistency with the Coastal Zone Program.

            The Department of Health and Rehabilitative Services (DHRS)
            has responsibilities to protect the public's health by
            overseeing functions that involve water supplies, on site
            sewage disposal, septic tank cleaning, and solid waste
            control.  Authority for these responsibilities are found in
            Chapter 154, 381, and 386, F.S. and in the 10D Series of


                                           84









              F.A.C., known as the I'S anitary Code". The local county DHRS
              office (County Health Department) , has jurisdiction overseeing
              these responsibilities.

              Also affecting the public's health and the Aquatic Preserve
              Program is the arthropod (mosquito) control program, which is
              usually administered through the local mosquito control
              district. DNR staff are involved in the management programs
              developed by the Florida Coordinating Council on Mosquito
              Control, and subsequent policy recommendations resulting from
              this groups will be evaluated for their potential effects on
              the aquatic preserve.

              The Florida Game and Fresh Water Fish Commission (PGF"C)
              authority is provided in the rules and regulations of Chapters
              39.101 and 39.102, F.A.C.      This authority involves the
              implementation of specific regulations and their enforcement,
              for all wildlife.     The Office of Environmental Services
              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. They also oversee habitat restoration and fish re-
              stocking of freshwater rivers and lakes. And, the FGFWFC has
              law enforcement officers that patrol the aquatic preserves.

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

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

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

              The Department of Community Affairs also oversees the
              development of Local Government Comprehensive Plans (LGCP) for
              both counties and municipalities, as required by the Local
              Government Comprehensive and Land Development Regulation Act,
              Chapter 163, Part II, F.S.     Subsection 163.3202(5), F.S.,


                                            85









            provides that DCA shall adopt rules f or the review of local
            government land development regulations.      Local governments
            are required to adopt land development regulations which are
            consistent with the adopted local comprehensive plan within
            one year after submission of the local comprehensive plan for
            review by the Department pursuant to subsection 163.3167(2),
            F.S.

            The Office of Planning and Budgeting of the Executive Office
            of @-he Governor, in conjunction with the DER's Coastal Zone
            Management Section, is responsible for administering project
            reviews applicable to Florida's Coastal Management Program
            Federal Consistency evaluation process. This process includes
            all projects in the state that involve federal permitting,
            federal assistance or direct federal activities. Each project
            must undergo this additional review to determine if the
            project is consistent with established programs, policies and
            rules of the state.        This includes projects affecting
            resources in aquatic preserves.



            C. REGIONAL AGENCIES

            In addition to state and federal agencies, two regional
            agencies have a major role in the use and management of the
            preserve: These organizations conduct activities that are on
            a broader scale than those of the local governments, but on a
            smaller scale than the state level.

            Northwest Florida Water Management District (NWFWMD)
            The water management district administers permitting programs
            for consumptive water use, management and storage of surface
            water well drilling and operation, and regulation of
            artificial recharge facilities. This includes withdrawal of
            water from rivers, streams, and wells.      The types of water
            uses permitted by the NWFWMD which could affect the preserve
            include irrigation and public water supply.           The water
            management district is also involved in various studies on
            water supply and management that may be of use. to the
            preserve.    In addition, the NWFWMD is the lead agency in
            developing and implementing the S.W.I.M. program.

            West Florida Regional Planning Council (WFRPC)
            The West Florida Regional Planning Council serves as a
            regional planning body for the local government of Santa Rosa
            County.   Among its duties are aiding local governments with
            planning expertise; being a regional representative for the
            DRI review process; serving as a regional clearinghouse for
            state and federal projects at the state and federal levels;
            assisting local governments in obtaining grants; and preparing
            and administering the Regional Policy Plan.




                                           86









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


              D. LOCAL GOVERNMENTS/INTEREST GROUPS

              Local governments are the incorporated cities and counties
              that border the preserve.       The entire Yellow River Marsh
              Aquatic Preserve is bounded by Santa Rosa County. Although
              not adjacent to the preserve, the incorporated municipality of
              Milton lies approximately 8 miles north of the preserve
              boundary and the unincorporated population center of Bagdad is
              situated about 4 miles north of the preserve.

              Field personnel are the liaison with local governments, and
              they will provide input into local government policies and
              practices to encourage conformance with the objectives of the
              aquatic preserve management plan.

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

              The relationship of non-governmental entities to the preserve
              will include the coordination of activities such as scientific
              research, environmental education, and other activities
              relating   to    the   protection,    management    or    improved
              understanding of the preserve. Field staff will be active in
              communicating with  the above groups.

















                                              87















                 LOCAL AGENCIES                                                  REGIONAL AGENCIES


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

                   SWC    Soil and Water Conservation Districts

                                                                                 FEDERAL AGENCIES

                 STATE AGENCIES
                                                                                    CG    United States Coast Guard
      00           DCA    Florida Department of community Affairs                   COE   United    States   Army    Corps   of
      00           DER    Florida   Department    of   Environmental                      Engineers
                          Regulation                                                EPA   United     States     Environmental
                   DNR    Florida Department of Natural Resources                         Protection Agency
                   GFC    Florida   Game    and   Freshwater      Fish              FWS   United States Fish and Wildlife
                          Commission                                                      Service
                   HRS    Florida   Department    of    Health     and              NMF   National Marine Fisheries service
                          Rehabilitative Services                                   GS    United States Geological Survey
                   DOS    Florida Department of State
                   DOT    Florida Department of Transportation
                   FMP    Florida Marine Patrol

                   FSG    Florida Sea Grant

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



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










                                                                                                                           Local                         Regional                                            State                                                             Federal
                                                                                                        LGT- C= LDD MCD ICD SWCIRPC NMD FIN DACII)CA DER I DNRIGFC IIRS DOS DOT IFMP FSG MFC CG COE EPA FWS NM GS
                                 Dredge and Fill Permitting                                                                                                                                                                                                                      .... ....... .
                                                                                                                                                                                                                                                                                                . .. ........
                                     Docks, Fishing Piers, Seawalls                                       0                                           .......
                                                                                                                                                      ....... . .                                                                                                              . .......
                                     Marinas
                                                                                                                                                               ...... ....
                                 Submerged Lands Management
                                                                                                                                                                                                                                                                            . ......... ....

                                 Habitat Protection
                                                                                                                                                      OR
                                 Mangroves/Wetlands                        Protection
                                                                                                                                                                                                                                                                        .. ........
                                                                                                                                                           . ........  ...
                                 Seagrass Protection                                                                                                                                                                                                                                          Jm
                                                                                                                                                               ....... .......                                                                                                        ...... ..
                                 Habitat Restoration                                                                                                                                                                                                                                                        .....
                                                                                                                                                                       ........                                                                                 ....

                                                                                                                                                               . . .......                                                                                                                            .....
                                 Mangroves/Wetlands                        Restoration
                                                                                                                                                                                                                                                                                               .....  .......
                                 Seagrass Restoration
                                 Resource Inventory                                                                                                                                  0      0       0       01                 1                 0 0                                          q..w ... .......
                                                                                                                                                               ......... . .
                                                                                                                                                                                                                                                                                      ........ ......
                                 Manatees/Porpoises
                                                                                                                                                                                     0                      0                     0 0            0 0
                                 Endangered Species                                                                                                                                               10
                                                                                                                                                                                                                                                                                            ... ........ ..
                                                                                                                                                                                            0jo                                                                 .......                     . ....... .........
                                 S hellfish/Ag uaculture                                                                                                                                                                                                        .......
                                                                                                                               10                                                                                                                               ......
                                                                                                                                                                                                                                                                ....... .... . ..                     ......
             Go                  Public Aware ness/Ed ucation                                                    0                                                 :.1.*             0      00              0                             0      0 0
                                                                                                                                                      ......                                                                                                                                . ........      ...
                                                                                                                                                      .... ......
                                 Research                                                                                        0                                                          010,                                                 0
                                                                                                                                                                       ..........                           0
                                 Fisheries           Research                                                                    0                                                   0            1010                                           0        0
                                                                                                                                                                                                                                                                                                ................
                                                                                                                                                      ....                                                                                                      ........ ........
                                 Fisheries          Management                                                                   0                                                   0            101                                            0        0               .... .              .0.:
                                     Recreational Fishing                                                                                                                            0            1010
                                                                                                                                                                                                                                                                        .... ......
                                                                                                                                                               ......  ........
                                                                                                                                                                                                                                          0      0        0
                                     Commercial Fishing
                                                                                                                                                                                     0            10
                                                                                                                                                                                                                                                                          .. ........ ..... .         ........
                                                                                                                                                                                     lift
                                 Wildlife Managemnt
                                                                                                                                                                                                            0
                                 Mosquito Impoundments                                                           0             10                                                    0              0                                                                                                 .......
                                                                                                                                                                                                                                                                               ........ ..... .
                                 Historical/Archeological Sites                                                  0                                                                                  0                      0                                                          ......
                                                                                                          0      0             10              0
                                 Water Quality                                                                                                                                       010            0              0                      0
                                                                                                                                                      .. ..    ......                                                                                           ..........
                                     Nonpoint Source Pollution                                                   0                             0 :::,!o                              0      0       0              0              0
                                                                                                                                                                                                                                                                ........ .... ... ........
                                     Point Source Pollution                                               0      0                                                                   0      0       0
                                                                                                                                                                                                                                                                ........ ........ .
                                                                                                                                                                                     0
                                                                                                                                                                                                    0                                     0
                                     Oil/Chemical Spills                                                         0
                                                                                                                                                                                     0      0
                                                                                                                                               0                                                                                                                        .0
                                 Drainage/Freshwater Control                                              0-010                                                                                     0                                                                                 . ... ..
                                 Emergency Response                                                       0      01                                                                                                                                                                              . . . .....
                                                                                                                                                                                     0      0       0       0                                                     ......
                                                                                                                                                                                                                                                                           . . ...... ...
                                 Upland Development                                                       0      0
                                                                                                                                                      ......... .      .......
                                                                                                          0      0                                                 .. ...
                                 Land Use Planning                                                                                                                                                                                                              ......     ....
                                                                                                                                                               ........ ......
                                                                                                                                                                                                                                                                                        . . .:::   . ........
                                                                                                                                                                                                                                                                  ..... ........ ....... ...
                                                                                                                                                      ........ ....                                                                                                                   . .. .....
                                 Navigational/Boating                                                     0      0                    .0.             1*10141                                       0 0 0                                 0
                                 Recreational Areas                                                       0                                                                                         0
                                                                                                                                                                                                                                          0      0
                                 Bridges and Roads
                                                                                                                 0
                                                                                                                                                                                     0 0 0




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                                     CHAPTER VIII


                               STAFFING AND FISCAL NEEDS



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

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

             It is anticipated that one field office with at least two full
             time employees would be able to provide adequate staffing to
             cover these four preserves.      Recently, one Environmental
             Specialist II position has been assign   .ed to the Northwest
             Florida field office to manage these preserves.     An annual
             review of the accomplishments of the program relative to the
             tasks listed in Chapter VI will help to determine if the
             initial staffing estimate is adequate to meet the legislative
             intent of the program.

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














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                                         TABLE 8


                       ANTICIPATED BUDGET FOR YELLOW RIVER MARSH
                     AND OTHER LOCALLY ASSOCIATED AQUATIC PRESERVES






             SALARY                               IST YEAR        2ND YEAR

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

             Subtotal                               79,315       $   81,695




             OPERATING CAPITAL OUTLAY


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

             Subtotal                               48,000




             OPERATING EXPENSES

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



             TOTAL COST                          $ 146,315       S 102,695



               This position has recently been   filled.













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                                       CEIAPT'ER IX

                        RESOURCE AND PROGRESS MONITORING PROGRAM


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

             A. RESOURCE MONITORING

             To monitor changes in the natural resources of the Yellow
             River Marsh Aquatic Preserve, a geographic information system
             (GIS) will be necessary.    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 resources and
             environmental information. Since their development, they have
             been used in other areas such as utilities mapping, inventory
             management, and land use planning; however, their most
             important   function   continues   to   be   natural    resource
             management.

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



             B. PROGRESS MONITORING

             For this management plan to be effectively implemented, it is
             necessary to monitor the accomplishments and progress on a
             regular basis. The field staff will be required to submit an
             annual report to the Bureau Chief detailing the following:

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







                                           95









                a.   Through the use of the resource inventories and a GIS
                     system, when available, document the condition of each
                     resource (e.g., vegetative loss or gain).

                b.   Present the number of structures/activities started or
                     completed, breaking them down into:
                     1)    authorized projects (e.g., single-family, multi-
                           family   docks,    marinas,   seawalls,     dredging,
                           filling, etc.),
                     2)    unauthorized projects, or
                     3)    authorized projects started or completed that were
                           developed in noncompliance with the original
                           authorization.

             2 What has been done toward accomplishing the tasks listed in
                Chapter VI.

                a.   Each task will be listed, and status of accomplishing
                     that task will be detailed. If the task has not been
                     achieved, an explanation will be given.             If the
                     explanation was due to insuf f icient funding/staf f , then
                     this fact will be detailed so that an update of Chapter
                     VIII can be made.

             3. New goals and/or objectives, as needed, will be reflected
                in an annual update of Chapter VI.




























                                              96












                                        BIBLIOGRAPHY



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

             Bass, D.G., and V.G. Hitt. 1977. Ecology of the Blackwater
                   River System.       Northwest Streams Research Project.
                   Florida Game and Fresh Water Fish Commission. 348 pp.

             Bass, D.G., and D. Yeager.       1983.    Yellow River Ecological
                   Studies. North Florida Streams Research Project Florida
                   Game and Fresh Water Fish Commission. 119 pp-

             Bass, D.G., D. Yeager, and V.G. Hitt. 1979. Ecology of the
                   Yellow River System, Florida. Northwest Streams Research
                   Project. Florida Game and Fresh Water Fish Commission.
                   191 pp.

             Clark, J.       1974.     Coastal Ecosystems: Ecological Con-
                   siderations for Management of the Coastal Zones.           The
                   Conservation Foundation. Washington, D.C. pp. 119-121.

             Environmental Analysts of Florida, Inc. 1979. Environmental
                   Impact   Assessment    Regarding     the   Drilling    of    an
                   Exploratory Oil Well in East Bay of the Pensacola Bay
                   System (Santa Rosa County, Florida).

             Florida Department of Natural Resources.          1989a.     Florida
                   Rivers Assessment. 452 pp.

             Florida Department of Natural Resources.        1989b.     Shellfish
                   Harvesting Area Atlas.

             Florida Natural Areas Inventory. 1989. Natural Communities.
                   Tallahassee, Florida.

             Florida Natural Areas Inventory. 1990. Special Plant List,
                   Special Vertebrate List. Tallahassee, Florida.

             Hand, J., M. Friedman, and V. Tauxe.          1988.   1988 Florida
                   Water Quality Assessment: 305b Technical Report. Florida
                   Department of Environmental Regulation. 289 pp.

             Little, E.J., and J.A. Quick.          1976.    Ecology, Resource
                   Rehabilitation, and Fungal Parisitology of Commercial
                   Oysters, Crassostrea virainica (Gmelin), in Pensacola
                   Estuary, Florida. St. Petersburg, FL: Florida Dept. of
                   Natural Resources, Marine Research Lab. 89 p. (Mar. Res.
                   Publ. 21).


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            Little, K.J., C. Curren and L. McKenzie,. 1988. A Preliminary
                  Archaeological Survey of the Blackwater Drainage, Santa
                  Rosa County, Florida.         Institute of West Florida
                  Archaeology. The University of West Florida. Rep. 19. 53
                  pp-

            Mallard, G. 1980. Microorganisms in Stormwater--A Summary of
                  Recent Investigations. U.S. Geological Survey, Open Fish
                  Report 80-1198.    New York. 19 pp.

            McWhite, R.W. 1984. Eglin Air Force Base Fish and Wildlife
                  Plan. Eglin Air    Force Base, Florida. 56 pp.

            Musgrove, R.H., J.T.    Barraclough, and R.G. Grantham.        1965.
                  Water Resources of Escambia and Santa Rosa Counties.
                  Florida Geological Survey. 102 pp.

            Northwest Florida Water Management District.          1991.    Point
                  Source Assessment of the Pensacola Bay System. Surface
                  Water Improvement and Management (S.W.I.M.) Program.
                  Water Resources Special Report 91-2. 110 pp.

            Olinger, L.W., R.G. Rogers, P.L. Force, T.L. Todd, B.L.
                  Mullings, F.T. Bisterfield, and L.A. Wise 11.            1975.
                  Environmental and Recovery Studies of Escambia Bay and
                  the Pensacola Bay System. Atlanta, GA: U.S. Environmental
                  Protection Agency, Surveillance and Analysis Division.
                  438 p. (EPA-904/9-76-016).

            Patterson, J.W., R.A. Minear, and T.K. Nedvad. 1971. Septic
                  Tanks and the Environment. State of Illinios, Institute
                  of Environmental Quality, Chicago, Illinios.

            Rogers, R.G., and F.T. Bisterfield. 1975. Loss of Submerged
                  Vegetation in the Pensacola Bay System, 1949-1974. In:
                  Proceedings    of   the    Second   Annual     Conference    on
                  Restoration of Coastal Vegetation in Florida. pp 35-51.

            Santa Rosa County Comprehensive Plan.         Preliminary Coastal
                  Management Element.         1989.     Baskerville, Donovan
                  Engineersf Inc. 56 pp.

            Soil Conservation Society. 1980. Soil Survey of Santa Rosa
                  County, Florida. 150 pp.

            Teehan, W. H., and, E. Barnett.             1989.      Comprehensive-
                  Shellfish Harvesting Area Survey, Blackwater Bay,
                  Florida.      FDNR, Shellfish Environmental Assessment
                  Section. 204 pp.

            West Florida Regional Planning Council. 1987. West Florida
                  Comprehensive Regional Policy Plan. 465 pp.



                                             98










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

            Young, W.T. 1981. A Biological and Water Quality Survey of
                 Blackwater, Yellow, and Shoal Rivers and Tributaries, and
                 East Bay Estuaries. Florida Department of Environmental
                 Regulation. 45 pp.












































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                                                                                 APPENDIX A
                                                                         Relevant Legislation                                                (R. 3/87)
                                   V. 9, P. 692-20                                                                                           18-20.002

                                                     CHAPTER 18-20                                (c) To coordinate with federal, state, and local
                                          FLORIDA AQUATIC PRESERVES                             agencies to aid in carrying out the intent of the
                                   18-20.001         Intent.                                    Legislature in creating the preserves;
                                   18-20.002         Boundaries and Scope of the                 (d) To use applicable federal, state, and local
                                                     Preserves.                                 management programs. which are compatible with
                                   18-20.003         Definitions.                               the intent and provisions of the act and these rules,
                                   18-20.004         Management Policies, Standards             and to assist in managing the preserves;
                                                     and Criteria.                               (e) To encourage the protection, enhancement
                                   18-20.005         Uses, Sales, Leases, or Transfer of        or  restoration of the biological, aesthetic, or
                                                     Interests in Lands, or Materials,          scientific values of the preserves, including but not
                                                     Held by the Board. (Repealed)              limited to the modification of existing manmade
                                   18-20.006         Cumulative Impact.                         conditions toward their natural condition, and
                                                                                                discourage activities which would degrade the
                                   18-20.007         Protection of Riparian Rights.             aesthetic, biological, or scientific values, or the
                                                     (Repealed)                                 quality, or utility of a preserve, when reviewing
                                   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
                                                     Aquatic Preserves.                         life forms and habitats, including but not limited to:
                                   18-20.010         Exchange of Lands.                         sponges, soft coral, hard corals, submerged grasses,
                                   18-20.011         Gifts or Lands.                            mangroves, salt water marshes, fresh water
                                   18-20.012         Protection of Indigenous Life              marshes, mud flats, estuarine, aquatic, and marine
                                                     Forms.                                     reptiles, game and non-game fish species, estuarine,
                                   18-20.013         Development of Resource                    aquatic and marine invertebrates, estuarine,
                                                     Inventories and Management                 aquatic and marine mammals, birds, shellfish and
                                                     Plans for Preserves.                       mollusks;
                                   18-20.014         Enforcement.                                 (g) To acquire additional title interests in lands
                                   18-20.015         Application Form. (Repealed)               wherever such acquisitions would serve to protect or
                                   18-20.016         Coordination     with      Other           enhance the biological, aesthetic, or scientific values
                                                     Governmental Agencies.                     of the preserves;
                                                                                                  (h) To maintain those beneficial hydrologic and
                                   18-20.017         Lake Jackson Aquatic Preserve.             biologic functions, the benefits of which accrue to
                                   Library References:  Riparian rights to navigable waters.    the public at large.
                                   I. Henry Dean. 55 Fla. Bar J. 247, 250 (Mar., 1981).            (4) Nothing in these rules shall serve to
                                      18-20.001 Intent.                                         eliminate or alter the requirements or authority of
                                      (1) All sovereignty lands within a preserve shall         other governmental agencies, including counties
                                   be managed primarily for the maintenance of                  and municipalities, to protect or enhance the
                                   essentially natural conditions, the propagation of           preserves provided that such requirements or
                                   fish and wildlife, and public recreation, including          authority are not inconsistent with the act and this
                                   hunting and fishing where deemed appropriate by              chapter.
                                   the board, and the managing agency.                          Specific Authority 120.53, 258.43(l) FS. Law
                                                                                                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 Florida. History--New 2-23-81,
                                   73-534, Laws or Florida. Sections 258.39, 258.391,            Amended 6-7-85, Formerly 16Q-20.01, Transferred from
                                   258.392 and 258.393, Florida Statutes, future                 16Q-20.001.
                                   aquatic preserves established pursuant to general or
                                   special acts of the legislature, and in Rule                   18-20.002 Boundaries and Scope or the
                                   18-20.OO2, Florida Administrative Code, were                    Preserves.
                                   established for the purpose or 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 appropriate instrument in writing,
                                      (3) The preserves shall be administered and               executed by the owner, authorizing the inclusion of
                                   managed in accordance with the following goals:              specific lands in an aquatic preserve pursuant to
                                                                                                Section 2(2) of Chapter 73-534, Laws of Florida,
                                      (a) To preserve, protect, and enhance these               Sections 258.40(1) and 258.41(5), Florida Statutes
                                   exceptional areas of sovereignty submerged lands by          future aquatic preserves established through
                                   reasonable regulation of human activity within the           general or special acts of the legislature, and
                                   preserves   through   the    development        and          pursuant to Rule 18-20.008.  Florida    
                                   implementation or a comprehensive management                 Administrative Code. Any publicly owned and
                                   program;                                                     maintained navigation channel authorized by the
                                      (b) To protect and enhance the waters of the              United States Congress, or other public works
                                   preserves so that the public may continue to enjoy           project authorized by the United States Congress,
                                   the traditional recreational uses of those waters such       designed to improve or maintain commerce and
                                   as swimming, boating, and fishing;                           navigation shall be deemed to be excluded from the

                                                                                          101                                                                                    






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

                                provisions of this chapter. pursuant to Subsection           181, pages 363-366. and in the Offical Records of
                                258.40(2). Florida Statutes. Furthermore, all lands         Flager 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 in Baca 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 of Brevard County in Book
                                Environmental Regulation. Since these rules are          1143. pages 195-198, less those lands dedicated to
                                considered cumulative with other rules, a person        the U. S. A. prior to the enactment of the act, until
                                planning an activity within the preserves should             such time as the U. S. A. no longer wishes 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, at which time such lands would
                                example) as well as the rules of the Department of             revert to the board, and be managed as part of the
                                Environmental Regulation.                                    preserve.
                                   (4) These rules shall not affect previous actions           8.   Indian River - Malsbar to Sebastian
                                of the board concerning the issuance of any                  Aquatic Preserve, as described in the Official
                                casement or lease; or any disclaimer concerning              Records of Brevard County in Book 1143, pages
                                sovereignty lands.                                           199-202. and in the Official Records of Indian
                                   (5) The intent and specific provisions expressed          River County in Book 368. pages 5-8.
                                in 18-20.001(e) and (f) apply generally to all                   9. Indian River -    Veru 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 of St. Lucie
                                preserve, pursuant to 18-20.013, the type                   County in Book 187, pages 1083-1086.
                                designation and the resource sought to be preserved           10. Jensen Beach to Jupiter Inlet Aquatic
                                may be readdressed by the Board.                             Preserve,as described in the Official Records of St.
                                   (6) For the purpose or 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 Official 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 hiqh water line                  Records Of St. Lucie County in book 201, pages
                                settlement. agreement between the board and a               1676-1679.
                                private owner or owners. Provided. however, in                     12. Loxahatchee 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 or Martin County in Book 320, pages
                                Coastal Mapping Act, the determination or the                193-196, and in the Official Records of Paim 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 - Cam 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            Official Records of County 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 32303 (telophone 904-488-2297).               (Biscayne Bay Aquatic Preserve Act of 1974), and
                                   (a) The preserves are described as follows:               those lands and waters within the Biscayne
                                   1. Fort Clinch State Park Aquatic Preserve, as            National Park.
                                described in the Official Records of Nassau County                14. Lignumvite Key Aquatic Preserve, as
                                in Book 108, pages 343-346, and in Book 111, page           described in the Official Records of Monroe County
                                409.                                                         in Book 502, pages 139-142.
                                   2. Nassau River - St. Johns River Marshes                      15. Coupon Bight Aquatic Preserve, as
                                Aquatic Preserve, as described in the Official               described in the Official Records or Monroe County
                                Records or Duval County 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 232-237.                           Aquatic Preserve, as described in the Official
                                   3. Pellicer Creek Aquatic Preserve, as described          Records of Collier County in Book 381, pages
                                in the Official Records Of St. Johns County in Book          298-301.


                                                                                      102







                                V. 9, p 692-2Q                         FLORIDA AQUATIC PRESERVES                                             18-20.003
                                   17. Ronkey Bay Aquatic Preserve, as described             negotiate an arrangement with        any such private
                                in Section 258.39(31). FS.                                       upland owner by which such land may be included
                                   18. Eastern Bay Aquatic Preserve as described in              in the preserve.
                                Section 258.39(28). Florida Statutes                                 33. Terra Ceia Aquatic Preserve, as described in
                                   19. Pine Island Sound Aquatic Preserve, as                  Section 258.393, Florida Statutes.
                                described in the Official Records of Lee County in                34. Future aquatic preserves              established
                                Book 648, pages 732-736.                                       pursuant to general or special acts of the legislature.
                                   20. Matlacha Paw Aquatic Preserve, as                       Specific Authority 120.53, 258.43(1) FS Law

                                described in the Official Records of Lee County in             Implemented 258.39, 258.391.258.392.258.393.258.40
                                Book 800. pages 725-728.                                     258.41.258.42.258.43.258.44.258.45 FS History-
                                                                                               New 2-23-81, Amended 8-7-85. Formerly 16q-20.2.
                                   21. Gasparilia Sound    - Charlotte Harbor              Transferred from 16q-20.002.
                                Aquatic Preserve. as described in Section 258.392,
                                F.S.                                                              18-20.003'Definitions. When used in these
                                   22. Cape Haze Aquatic Preserve, as described in              rules, the following words shall have the indicated
                                Section 258.39(29). F.S.                                       meaning unless , the context clearly indicates
                                   23. Cockroach Bay Aquatic Preserve, as                     otherwise:
                                described in Section 258.391. F.S.                                (1) "Act" means the provisions of Sect ion 258.3 5
                                   24. St. Martins Marsh Aquatic Preserve, as                  through 258.46, F.S.. the Florida Aquatic Preserve
                                described in the Official Records of Citrus County             Act.
                                in Book 276, pages 238-241.                                       (2) 'Activity" means any project and such other
                                   25. Alligator Harbor Aquatic Preserve. as                   human action within the preserve requiring board
                                described in the Official Records of Franklin                  approval for the use, sale, lease or transfer of
                                County in Volume 98, pages 82-85.                              interest in sovereignty lands or materials, or which
                                   26. Apalachicola Bay Aquatic Preserve, as                   may require a license from the Department or
                                described in the Official Records of Gulf County in            Environmental Regulation.
                                Book 46, pages 77-81. and in the Official Records              (3)     "Aesthetic      values"     means scenic
                                Franklin County in Volume 98, pages 102-106.                   characteristics or amenities of the preserve in its
                                   27. St. Joseph Bay Aquatic Preserve, as                     essentially natural state or condition, and the
                                described in the Official Records of Gulf County in            maintenance thereof.
                                Book 46, pages 73-76.                                             (4) "Applicant" means any person making
                                   28. St. Andrews State Park Aquatic Preserve, as             application for a permit, license, conveyance of an
                                described in the Official Records of Bay County in             interest in state owned lands or any other necessary
                                Book 379. pages 547-550.                                      form of governmental approval in order to perform
                                   29. Rocky Bayou State Park Aquatic Preserve,                an activity within the preserve.
                                as described in the Official Records of Okaioosa                   (5)" Beneficial biological functions" means
                                County in Book 593, pages 742-745.                             interactions between flora, fauna and physical or
                                   30. Yellow River Marsh Aquatic Preserve, as                 chemical attributes of the environment, which
                                described in the Official Records of Santa Rosa             provide benefits that accrue to the public at large,
                                County in Book 206, pages 568-571.                              including, but not limited to: nutrient, pesticide and
                                   31. Fort Pickens State Park Aquatic Preserve, as            heavy metal uptake; sediment retention; nutrient
                                described in the Official Records of Santa Rosa                conversion to biomass; nutrient recycling and
                                County in Book 220, pages 60-63, in the Official               oxygenation.
                                Records or Escambia County in Book 518, pages                     (6) "Beneficial hydrological functions means
                                659-662, less the lands dedicated to the U. S. A. for          interactions between flora, fauna and physical
                                the establishment of the Gulf Islands National                geological or geographical attributes of the
                                Seashore prior to the enactment of the act, until such         environment, which provide benefits that accrue to
                                time as the U. S. A. no longer wishes to maintain              the public at large, including, but not limited to:
                                such lands for the purpose for which they were                 retardation of storm water flow; storm water
                                dedicated, at which time such lands would revert to            retention: and water storage, and periodical release;
                                the board and be managed as part of the preserve.                 (7) "Biological values" means the preservation
                                   32. For the purpose of this section the                     and promotion of indigenous life forms and habitats
                                boundaries of the Lake Jackson Aquatic Preserve,               including, but not limited to: sponges, soft corals.
                                shall be the body of water in Leon County known as            hard corals, submerged grasses, mangroves,
                                Lake Jackson in Sections 1, 2, 3, 5, 10, 11 and 14.             saltwater marshes, fresh water marshes. mud flats,
                                Township 1 North. Rance 1 West and Sections 11,                marine, estuarine, and aquatic reptiles , games and
                                12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34,      non-games fish species , marine, estuarine, and
                                and 35. Township 2 North. Range 1 West lying                   aquatic mammals,marine, estuarine, and aquatic
                                below the ordinary high water line. Such lands shall          invertebrates, birds and shellfish.
                                include the submerged bottom lands and the water                  (8) "Board" means the Governor and Cabinet
                                column upon such lands, as well as all publicly               sitting as the Board of Trustees of the Internal
                                owned islands, within the boundaries of the                   Improvement Trust Fund.
                                preserve. Any privately held upland within the                    (9) "Channel" means a trench, the bottom of
                                boundaries of the preserve shall be deemed to be              which is normally covered entirely by water, with
                                excluded therefore; provided that the Board may                the upper edges of its sides normally below water.
                                                                                      103
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                              (R. 3/87)
                              18-20.003                          INTERNAL IMPROVEMENT TRUST FUND                                 V. 9, P. 69-2R

                                 (10) "Commercial, industrial and other revenue                (22) "Preserve" means any and all of those areas
                              generating/income related docks" means docking                 which are exceptional areas of "sovereignty lands
                              facilities for an activity which produces income,              and the Associated water body so designated in
                              through rental or any other means, 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 (other lands as the
                              limited to docking for marinas, restaurants, hotels,           board may acquire or approve for inclusion, and the
                              motels, commercial fishing, shipping, boat or ship             water Column over such lands. which have been set
                              construction. repair, and sales.                               aside to be maintained in in essentially natural or
                                (11) "Department" means the State or Florida                 existing condition of indigenous flora and fauna and
                              Department or 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 fair private, recreational or
                              related to the administration of lands title to which          leisure purposes for a single family residence.
                              is, or will be, vested in the board, pursuant to section       cottage or other such single dwelling unit and which
                              253.002, F.S.                                                  is designed its moor no more than two boats.
                                 (13) "Dock" means a fixed or floating structure.                (24) "Private residential muilti-slip dock" means
                              including moorings. used for the purpose of                    a docking facility which is used- for private
                              berthing buoyant vessels either temporarily or                 recreational or leisure purposes for multi-unit
                              indefinitely.                                                  residential dwellings which shall include but is not
                                 (14) "Essentially natural condition" means                  limited to condominiums, townhouses. subdivisions
                              those functions which support the continued                    and other such dwellings or residential areas and
                              existence or encourage the restoration of the diverse          which is designed to moor three or more boats.
                              population or indigenous life forms and habitats to            Yacht clubsassociated With   residential
                              the extent they existed prior to the significant               developments whose members or utilization of
                              development adjacent to and within the preserve.               the docking facility requires some real property
                                 (15) "Extreme hardship" means a signficant                  interest in the residential area, shall also be
                              burden, unique to the applicant and not shared by              included.
                              property owners in the area. Self-imposed                       (25) "Public interest" means demonsurable
                              circumstances caused to any degree by actions of any           environmental, social, and economic benefits which            
                              person subsequent to the enactment of the Act shall            would accrue to the public at large as a result of a
                              not be construed as an extreme hardship. Extreme               proposed action and which would clearly exceed all
                              hardship under this act shall not be construed to              demonsurable environmental, social. and economic
                              include any hardship which arises in whole or in               costs of  the proposed action. In determining the
                              part from the effect of other federal. state or local          public interest in a request for use, sale, lease, or
                              laws, ordinances, rules or regulations. The term               transfer of interest in sovereignty lands or severance
                              may be inherent in public projects which are shown             of materials from sovereignty lands, the board shall
                              so be a public necessity.                                      consider the Ultimate project. and purpose to be
                                 (16) "Fill" means materials from any source,                served by said use, sale, lease. or transfer of lands or
                              deposited by any mcans onto sovereignty lands,                 materials.
                              either for the purpose of creating new uplands or for            (26) "Public navigation project" means a project
                              any other purpose, including spoiling of dredged               primarily for the purpose of navigation which is
                              materials. For the purpose of this rule, the                   authorized and funded by the United States
                              placement of pilings or riprap shall not be                    Congress or by port authorities as defined by
                              considered to be filling.                                      Section 315.02(2), F.S.
                                 (17)"lease" means a conveyance of  interest in                 (27) "Public necessity" means the works or
                              lands, title to which is Vested in the board, granted in       improvements required for the protection of the
                              accordance with specific terms set forth in writing.           health and safety (if the public, consistent with the
                                 (19) "Marina" means a small craft harbor                   Act and these rules, for which no other reassonable                              complex used primarily for recreation.                         alternative exists.
                                 (19) "Oil and gas transportation facilities"                   (28) "Public utilities" means those services,
                              means those structures necessary for the movement                      provided by persons regulated by the Public Service
                              of oil and gas from the production site to the                Commission, or which are provided by rural
                              consumer.                                                      cooperatives, municipalities, or other governmental
                                 (20) "Person" means individuals, minors,                    agencies, including electricity, telephonepublic
                              partnerships, corporations, joint ventures, estates,         water and wastewater services, and structures
                              trusts. syndicates, binuciaris, firms. and all other         necssary for the provision or 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 scientific values of the
                                 (21) "Pier" means a structure in, on, or over               preserve necessary f present and future enjoyment
                              sovereignty lands, which is used by the public                 or it in an essentially natural condition.
                              pnimarily for fishing, swimming, or viewing th                   (30) "Resource management agreement" means
                              preserve.A pier shall not include a dock.                     a contractual agreement between the board and one

                                                                                    104
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                                                                                                                                   (R. 3/87)
                              V. 9, p. 692-2S                      FLORIDA AQUATIC PRESERVES                                        18-20.004

                              or more parties which does not create an interest in    water and where the use of the water or sovereignty  
                            real property but merely authorizes conduct of            lands is an integral pan of the activity.
                              certain management Activities on lands held by the      specific authority 258.43(l) FS. Law implemenied
                              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. Transfered from
                            Areas within the aquatic preserves which have               16Q-20.003.
                              resources of the highest quality and condition for        18-20.004 Management Policies, Standards
                              that area. These resources may include, but are not       and Criteria. The following management policies,
                              limited to corals; marine grassbeds; mangrove             standards and criteria are supplemental to Chapter
                              swamps;  salt-water     marsh;     oyster     bars;      18-21, Florida Administrative Code (Sovereignty
                              archaeological and historical sites: endangered or        Submerged Lands Management) and shall be
                              threatened species habitat; and, colonial water bird      utilized in determining whether to approve,
                              nesting sites.                                            approve with conditions or modifications or deny all
                                (32) "Resource Protection Area 2" - Areas               requests for activities on sovereignty lands in                                                                                                                                       
                              within the Aquatic preserves which are in transition      aquatic preserves.
                              with either declining resource protection area 1           (1)GENERAL PROPRIETARY
                              resources or new pioneering resources within                (a) In determining whether to appove or deny
                              resource protection area 3.                               any request the Board will evaluate each on a
                                (33) "Resource Protection Area 3" - Areas               case-by-case basis and weigh any factors relevant
                              within the aquatic preserve that are characterized        under Chapter 253 and/or 258 Florida Statutes.
                              by the absence of any significant natural resource        The Board, acting as Trustees for all state-owned     
                              attributes.                                               lands, reserves the right to approve, modify or reject
                                (34) "Riparian rights" means those rights               any proposal.
                              incident to lands bordering upon navigable waters,          (b)There shall be no further sale, lease or
                              as recognized by the courts of this state and common       transfer of sovereignty lands except when such sale,                                                      
                                (35) "Sale" means a conveyance of interst in             lease or transfer is in the public interest (see Section
                              lands, by the board for consideration.                     18-20.004(2) Public Interst Assessment Criteria).  
                                (36) "Scientific values" means the preservation            (c)There shall be no construction of seawalls
                              and promotion of certain qualities or features which      waterward of the mean or ordinary high water line,
                              have scientific significance.                             or filling waterward of the mean or ordinary high 
                                (37) "Shore protection structure" means a type          water line except in the case of public road and
                                 of coastal construction designed to minimize the rate   bridge projects where no reasonable alternative
                                or erosion. Coastal construction includes any work       exists.
                              or activity which is likely to have a material physical       (d)There shall, in no case, be any case, be any dredging
                              effect on existing coastal condition or natural shore       waterward of the mean or ordinary purpose of providing fill for   
                              processes.                                                 any are landward of the mean or ordinary high        
                                (38) "Sovereignty lands" means those lands                water line. 
                              including, but not limited to: tidal lands, islands,           (e)A lease, casement or consent of use may be
                              sandbars, shallow banks, and lands waterward of            authorized only for the following activities:
                              the ordinary or mean highwater line, to which the             1. a public navigation project:
                              State of Florida acquired title on March 3, 1845,by           2. maintenance of an existing navaigational
                              virtue of statehood, and of which it has not since         channel;
                              divested its title interest. For 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/industrial 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 riparian owners;
                              discarded by any means, onto either sovereignty               6. minimum dredging for navigation channels
                              lands or uplands                                            attendant to docking facilities;
                                (40) "Transfer" means the act of the board by               7. creation or maintenance of a shore protection
                                which any interest in lands, including casements,         structure;   
                                other than sale or lease, is conveyed.                      8. installation or maintenance of oil and gas
                                (41) "Utility or the preserve" means fitness of         transportation facilities;
                              the preserve for the present and furture enjoyment of         9. creation, maintenance, replacement or 
                             its biological, aesthetic and scientific values, in an       expansion of facilities required for the provision of
                              essentially natuaral 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 dirct access to the water body or                   the act and this chapter.
                              sovereignty lands for transportation, recreation,            (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                                                                    
                                                                                105
 

 




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

                                      designed in that the structure or structures to be                   2. provide boating and marina services (repair,
                                      built in, on or over sovereignty landslimited to                pumpout, etc.); 
                                      structures necessary to conduct water dependent                        3 improve and enhance public health, safety,
                                      activities.                                                       welfare, and law enforcement;
                                         (g) For      activities     listed     in     paragraphs           4. improved public land management;
                                      l8-20.004(1)(e)7.,8.,9, and 10, above, it must be                     5. improve and enhance public navigation;
                                      demonstrated that no other reasonable alternative                     6. improve and enhance water quality;
                                      exists which would allow the proposed activity to be                  7. enhancement/restoration of natural habitat
                                      constructed or undertaken outside the preserve.                   and functions; and
                                         (h) The use of state-owned lands for the purpose                   8. improve/protect
                                      of providing private or public road access to islands              endangered/threatened/unique species. 
                                      where such access did not previously exist shall be                   (c)COSTS:
                                      prohibited. The use of state-owned lands for the                      1. reduced /degraded water quality;
                                      purpose of providing private or public water supply                   2.reduced/degraded   natural     habitat      and
                                      to islands where such water supplys did not                       function;
                                      previously exist shall be prohibited.                                 3. destruction,      harm       or    harassment         of
                                         (i) Except for public navigation projects and                   endangered or threatened species and habitat;
                                      maintenance dredging for existing channels and                        4. preemption of public use;
                                      basins, any areas dredged to improve or create                        5. increasing       navigational . hazards            and
                                      navigational access shall be incorporated into the                 congestion;
                                      preempted area of any required lease or be subject to                 6. reduced /degraded aesthetics; and
                                      the payment of a negotiated private casement fee.                     7. adverse cumulative impacts.
                                         (j) Private residential mulit-slip docking                         (d) EXAMPLES OF SPECIFIC BENEFITS:        
                                      facilities shall require a lease.                                     1. donation of land, conservation easements,
                                         (k) Aquaculture and beach renourishment                         restrictive covenants or other title interests in or
                                      activities which comply with the standards of this                 contiguous to the aquatic preserve which will
                                      rule chapter and Chapter 18-21, Florida                            protect or enhance the aquatic preserve;
                                      Administrative Code. may be approved by the                           2. providing access or facilities for public land
                                      board, but only subsequent to a formal finding of                  management activities;
                                      compatibility with the purposes of Chapter 258.                       3. providing public access casements and/or
                                      Florida Statutes, and this rule chapter.                           facilities, such as beach access, boat ramps, etc.;
                                         (1) Other uses of the preserve, or human activity                  4. restoration/enhancement of altered habitat or
                                      within the preserve, although not originally                       natural functions, such as conversion of vertical
                                      contemplated, may be approved by the board, but                    bulkheads to riprap and/or vegetation for shoreline
                                      only subsequent to a format finding of compatibility              stabilization or re-establishment of shoreline or
                                      with the purposes or Chapter 258, Florida Statutes,                submerged vegetation;
                                      and this rule chapter.                                                5. improving fishery habitat through the
                                         (2) PUBLIC INTEREST ASSESSMENT                                 establishment of artificial reefs or other such
                                      CRITERIA                                                          projects, where appropriate;
                                         In evaluating requests for the sale, lease or                      6. providing sewage pumpout facilities where
                                      transfer or interest, a balancing test will be utilized           normally not required in particular, facilities open
                                      to determine whether the social, economic and/or                  to the general public;
                                      environmental benefits clearly exceed the costs.                       7. improvements to water quality such as
                                         (a) GENERAL  BENEFIT/COST                                      removal of toxic sediments, increased flushing and
                                      CRITERIA                                                          circulation, etc.;
                                         1. any benefits that are balanced against the                       8. providing upland dry storage as an alternative
                                      cost of a particular project shall be related to the                to wetslip; and
                                      affected aquatic preserve;                                             9. marking navigation channels to avoid
                                         2. in evaluating the benefits and costs of each                   disruption or shallow water habitats.
                                      request specific consideration and weight shall be                      (3) RESOURCE MANAGEMENT
                                      given to the quality and nature of the specific                       (a) All proposed activities in aquatic preserves
                                      aquatic preserve. Projects in the less developed,                  having management plans adopted by the Board
                                      more pristine aquatic     preserves      such      as              must demonstrate that such activities are consistent
                                      Apalachicola Bay shall be subject to a higher                      with the management plan.
                                      standard than the more developed urban aquatic                        (b) No drilling of oil, gas or other such wells
                                      preserves such as Boca Ciega Bay; and,                              shall be allowed.
                                         3. for projects in aquatic preserves with adopted                  (c) Utility cables, pipes and other such
                                      management         plans      consistency    with    the           structures shall be constructed and located in a
                                      management plan will be weighed heavily when                       manner that will cause minimal disturbance to
                                      determining whether the project is in the public                   submerged land resources such as oyster bars and
                                      interest.                                                          submerged grass beds and do not interfere with
                                         (b) BENEFIT CATAGORIES:                                         traditional public uses.
                                         1. public access (public boat ramps, boatslips,                   (d) Spoil disposal within the preserves shall be
                                      etc.);                                              106            strongly discouraged and may be approved only
 





                                                                                                                                       (R.9/88)                                                                                                                                       (R.9?         
                             V.9,p.692-2U                             FLORIDA AQUATIC PRESERVES                                       18-20.004

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


                                                                                  107
 







                                    (R. 9/38)
                                    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 1 or 2,                Estero Bay                    September 6, 1983  
                                    except as allowed pursuant to Sections                        Charlotte Harbor
                                    258.42(3)(e)1.,Florida Statutes; while dredging in             (Cape Haze,
                                    Resource Protection Area 3 shall be strongly                   Gasparilla
                                    discouraged;                                                   Sound-Charlotte
                                       3. the docking facilities shall not be located in           Harbor, Matlacha
                                    Resource Protection Area 1 or 2; however, main                 Pan and Pint Island
                                    access docks may be allowed to pass through                    Sound)                       May 18, 1983
                                    Resource Protection Area 1 or 2, that are located             Indian River-Malabar
                                    along the shoreline,to reach an acceptable Resource           to Vero Beach                January 21, 1986
                                    Protection Area 3, rovided 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 of the docking facilities shall also          Nassau River St   
                                    take into account the access of the boat traffic to            Johns River Marshes
                                    avoid marine grassbeds or other aquatic resources in           and Fort Clinch
                                    the surrounding areas;                                         State Park                   April 22, 1986
                                       6. the siting of new facilities within the preserve        North Fork of the St.
                                    shall be secondary to the expansions of existing               Lucie River                  May 22, 1984
                                    facilities within the preserve when such expansion            St. Joseph Bay                 June 2, 1987
                                    is consistent with the other standards;                       St. Marlins Marsh              September 9, 1987
                                       7. the location of new facilities and expansion of         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, 358.43(1), 258.44 FS. Hinory-New
                                       8. marina siting will be coordinated with local            2-25-81, Amended 6-7-85, Formerly 16q-20.004
                                    governments to insure consistency with all local              Transferred from 16q-20.004 Amended 9-4-88
                                    plans and ordinances;                                            
                                       9. marinas shall not be sited within state                   18-20.005 Usex, Sales, Leases, or Transfer of
                                    designated manatee sanctuaries; and                           Interests in Lands, or Materials, Held by the
                                       10. in any areas with known manatee                        Board.
                                    concentrations, manatee warning/notice and/or                 Specific Authroity 258.43(1) FS Law Implemented
                                    speed limit signs shall be created at the marina              253.02, 253.12, 258.42 FS. History--New 2-25-81
                                    and/or ingress and egress channels, according to              Repealed 8-7-85, Formerly 16q-20.05, Transferred from   
                                    Florida Marine Patrol specifications.                         16q-20.005.
                                                                                                    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 impariments 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, standard and          system. The impact of a proposed activity shall be
                                    criteria delineated   in subsections (1) through (6),         considered in light of its cumulative impact on the
                                    the provisions or the following management plans              preserve's natural system.  The department shall
                                    apply to specific aquatic preserves and are                   include as a part of its evaluation of an activity:
                                    incorporated herein by reference. Where regulatory              (1)The number and extent of similar human actions
                                    criteria in 18-20, F.A.C., may differ with specific           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
                                                                                                  enactment of the Act; and
                                                                                                    (2) The similar activities within the preserve
                                    Alligator Harbor               September 23, 1986               
                                    Banana River                   September 17, 1985               


                                                                                    108
 






                                                                                                    (r.9/88)
      V. 9, p. 692-2W                           fLORidA AQUATIC pRESErVeS                        18-20.012
    which are currently under consideration by the                  aquatic preserve system, subject to confirmation by
      department: and                                                 the legislature.
   (3) Dorm and indirect effects upon the preserve                (2) The board may, after public notice and
 and adjacent preserves, if applicable. which may                public hearing in the county or counties in which the
    reasonably be expected to result from the activity;            proposed expanded or new preserve is in be located.
    and                                                             adopt a resolution formally setting aside such areas
    (4) The extent in which the activity is consistent          to be included in the system.
     with management plans for the preserve. when                       (3) The resolution setting aside an aquatic
        developed; and                                                  preserve area shall include:
     (5) The extent to which the activity is                       (a) A legal description of the area to be included.
    permissible within the preserve in accordance with             A map depicting the legal description shall also be
        comprehensive plans adopted by affected Local                    attached.
 governments, pursuant in section 163.3161, F.S.,                    (b) The designation or the type of aquatic
      and other applicable plans adopted by local, state.             preserve.
  and federal governmental agencies;                                (c) A general statement of what is sought to be
    (6) The extent to which the loss of beneficial              preserved.
ydrologic and biologic functions would adversely                (d) A statement that the area established as a
  impact the quality or utility of the preserve: and              preserve shall be subject to the management criteria
 (7) The extent too which mitigation measures                and directives of this chapter. -
may compnsate for adverse impacts.                                (e) A directive to develop a natural resource
 Specific Authority 256.43(1). FS Law Implement               inventory and a management plan for the area being
  258.36, 258.43, 258.44 FS History-New 2.25-81.                established as an aquatic preserve.
 formerly 16Q-20.06. Transfered from 16Q-20.006.              (4) Within 30 days of the designation and
 18-20.007 Protection of Riparian Riqhts                     establishment of an aquatic preserve, the board
Specific Authority 258.43(1) FS Law Implemented            
258.124(8),258.44 Fs. History-New 2-25-81.                  shall record in the public records of the county or
 Repeated 6-7-85, Formerly 16Q-20.07 Transferred from          counties in which the preserve is located a legal
  16Q-20.007.                                                 description of the preserve.
  18-20.008 Inclusion of Lands, Title to Which             Specific Authority 258.43(1)FS.Law Implemented
 Is Not Vesied in the Board, in a Preserve,                  258.41 FS. History-New 2-25-81, Formerly 16Q.20.09.
  (1)Lands and water bottoms which are within             Transfered from 16Q-20.009.
  desingated aquatic preserve boundries, or adjacent         18-20.010 Exchange of Lands. The board in its
  therero and which are owned by other governmental         discretion may exchange lands for the benefit of the
  agencies, may be included in anaquatic preserve           preserve, provided that:
  upon specific authorization for inclusin by an             (1) In no case shall an exchange result in any
  appropriate instrument in writing excuied by the          land or water area being withdrawn from the
  agency.                                                     preserve; and
                                                               (2) Exchanges shall be in the public interest and
   (2) Lands and water bottoms which are within                shall maintain or enhance the quality or utility or
  designated aquatic preserve boundaries or adjacent          the presecrve.
 thereio, and which are in private ownership, maybe            Specific Authority 258.43(1) FS. Law Implimented
  included in an aquatic preserve upon specific               258.41(5). 256.42(l) FS. HistorY-New 2-25-81,
   authorization for inclusion by an appropriate                Formerly 16A-20.10, Transferred from 16Q-20.010.
  instrument in writing executed by the owner.                16-20.011 Gifs of Lands. The board in its
   (3) The appropriate instrument shall be either a           discretion may accept any gifts or lands or interests
   dedication in perpertuity. or a lease. Such lease shall     in lands within or contiguous to the preserve to
  contain the following conditions:                            maintain or enhance the quality and utility for the
   (a)The term of the lease shall be for a minimum            preserve.
   period or ten years.                                        Specific Auhority 258.43(1) FS Law Implemented
  (b) The board shall have the power and duty to              258.42(5) FS. History-New 2-25-81. Formerly 
    enforce the provisions of each lease agreement. and        16Q-20:11, Transfered from 16Q-20.011.
    shall additionally have the power to terminate any         18-20.O12 Protection of Indiqenous Life
   lease if the termination is in the best interest of the      Forms. The taking or indigenous life forms for sale
   aquatic preserve system, and shall have the power to
                                                                or commercial use is prohibited, except that this
   include such lands in any agreement for                      prohibition shall not extend in the commercial
   management of such lands.                                     taking of fin fish. crusacea or mollusks. except as
   (c) The board shall pay no more than 1$ per year
    for any such lease.                                        prohivided under applicable Laws, rules or                  or
     specific Authority 258.4(1) FS Law Implemented            regulations. Members or the public may exercise
    258.40. 258.41 FS. History New 2.25-61. Formerlyv          their rights to fish, so long as not contrary to other
    16Q.20.08, Transferred from 16Q-20.008.                    statutory and regulatory provisions controlling such
                                                               activities.
    18-20.009 Establishment or Expansion of                    Specific Authority 258.43(1) FS Law Implemented
    Aquatic Preserves.                                         258.43(1) FS History-New 2-25-81. Formerly
     (1) The board may expand existing preserves (or           16Q-20.12 Transferred from 16Q.20.012.
         establish additional areas to be included in the

                                                      109








                                    (R. 9/1988)                                V.9,p. 692-2X       
                                    18-20.017 

                                                                       INTERNAL  IMPROVEMENT TRUST FUND                                      V.9,p. 692-2X

18-20.013 Development  of Resource Inventories and Management Plans for Preserves.(1)The board authorizes and directs the
division to develop a resource inventory and management plan for each preserve.(2) The division may perform the work to 
develop  the inventories and plans, or may enter into agreements with other persons to perform the work. In either case, all 
work performed shall be subject to board approval.Specific Authority 258.43(1)FS. Law Implemented 253.03(7), 253.03(8) FS.
History-New 2-25-81.Amended 8-7-85, Formerly 16Q-20.13. Transferred from 16Q-20.013.18-20.014 Enforcement. The rules shall be 
enforced as provided in Section 258.46, Transferred from 16Q-20.014.18-20.015 Application Form.Specific Authority 253.43(1)
FS History -New 2-25-81. Repealed 5-7-85.Formerly 16Q-20.015.Coordination with Other Governmental Regulation permit is required for 
activities on sovereignty lands the Department of Eviromental Regulation to obtain a copy of the joint Department of Army/Florida 
 Depatment of Eviromental Regulation permit application and the biological survey.The information contained in the joint permit
application  and biological assessment shall be considered by the department in preparing its staff recommendations to the board.
The board may  also consider the reports of other governmental agencies that have related  management or permitting resposibilities
 regarding the propsed activity.Specific Authority 253.43(1) FS3 Law Implemented 258.43 FS. History-New 2-25-81. Formerly 16Q-20.16.
Transferred from 16Q-20.016.18-20.017 Lake Jackson Aquatic Preserve. In addition to the provisions of Rules 18-20.001 through 
18-20.016, the following requirements shall apply to all proposed activities within the Lake Jackson Aquatic Preserve. If any 
provions of Rule are to conflict with any provisions of Rules 16-20.001 through 18-20.016 or Chapter 73-534.Laws of Florida
,the stronger provision for the protection or enhancement of the aquatic preserve shall prevail.(1) No further sale, transfer
or lease of sovereignty land in ther preserve shall be approved or consummed by the Board, exept upon a showing of extreme hardship
on the part of the applicant or when the board shall determine such sale, transfer or lease to be approved or tolerated by the 
Board of Trustees exept:(a) Such minimum dredging and spoiling as may be authorized for public navigation projects or for preservation 
of the lake according to the expressed iniemt of Chapter 73-534, Laws of Florida; and (b)Such other alteration of the pysical 
conditons as may be necessary to enhance the quality or utility of the preserve.(3) There shall be no drilling wells, excavation 
for shell or minerals, and no erection of structures(other than docks), within the preserve,unless such activity is associated
with activity authorized by Chapter 73-534, Laws of Florida.(4) The Board shall not approve the relocations of bulkhead lines 
within the preserve.(5) Notwithstanding other provisions of this act, the board may, respect lands lying within the Lake Jackson 
basin:(a)Entering into agreement for the establish lines delineating sovereignty and privately owned lands:(c) accept gifts of land 
within or contigous to the preserve.Specific Authority 258.39(26) FS. Law Implemented 258.39(26). 258.43 Fs. History-New 8-7-85.
Formerly 16Q-20.017, transferred from 16Q-20.017.                          
   
 













                                       APPENDIX B


                                POLLUTION SOURCE SURVEY
                            (FROM TEEHAN AND BARNETT, 1989)


             The pollution source survey was conducted by personnel of the
             Department of Natural Resoruces Shellfish Environmental
             Assessment Section, Western Gulf Coast District office. Many
             individuals along with local, county and state agencies were
             contacted for background information.      Detailed shoreline
             reconnaissance was conducted during March, 1987. Documented
             sources of actual or potential pollution included all
             residences, businesses, public assembly areas, and other
             sources which could contribute contaminates to receiving
             waters in and around the preserve. Drainage patterns and land
             runoff were assessed using topographic maps and by noting the
             source and outfall of canals, ditches, creeks, and pipes.

             Sub Area 1: Garcon Peninsula I-10 south to Juniper Drive

               I.   191C from  I-10 to SR191

                    On septic  tank systems:
                    81 houses  waterfront
                    22 houses  non-waterfront
                    10 mobile  homes waterfront
                    35 mobile  homes non-waterfront
                     1 business waterfront
                       Livestock

               II.  SR191 from Juniper Drive to I-10

                    On septic tank systems:
                    28 houses waterfront
                    74 houses non-waterfront
                    43 mobile homes non-waterfront
                     7 businesses non-waterfront
                       Livestock


             Sub Area 2: SR89  from I-10 to Ward Basin Road

               I.   On septic  tank systems:
                    22 houses  waterfront
                    70 houses  non-waterfront
                     4 mobile  homes waterfront
                     8 mobile  homes non-waterfront
                     2 businesses waterfront
                     2 businesses non-waterfront












              II.   SR89 from Coachman Road to I-10

                    on septic tank systems:
                    52 houses waterfront
                    39 houses non-waterfront
                    31 mobile homes waterfront
                    48 mobile homes non-waterfront
                     7 units waterfront
                     1 buisness waterfront


            Sub Area 3: SR184 from SR89 to SR87

              I.    Old Hickory Hammock Road

                    On septic tank sytems:
                     4 houses waterfront
                    20 houses non-waterfront
                     4 mobile homes waterfront
                    39 mobile homes non-waterfront


              II. SR184 from SR89 to SR87

                    on septic tank systems:
                    97 houses non-waterfront
                   108 mobile homes non-waterfront
                     2 businesses non-waterfront
                       Livestock


            Sub Area 4: SR87 from I-10 to the Yellow River

                    On septic tank system:
                    34 houses non-waterfront
                    31 mobile homes non-waterfront
                     1 buisness waterfront
                     4 businesses non-waterfront























                                          112





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           University of Florida, Gainesville, l9go               120




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