Mosquito Lagoon Aquatic Preserve management plan (draft), December 1990

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

MOSQUITO LAGOON

AQUATIC PRESERVE MANAGEMENT PLAN

1990
QH
91.75
F6
F56 DEP4RTMENT OF MURAL RESOURCES
1990

MOSQUITO LAGOON

AQUATIC PRESERVE MANAGEMENT PLAN

(DRAFT)

DECEMBER 1990

Property of CSC Library

Tom Gardner

Executive Director

Department of Natural Resources

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

U S DEPARTMENT OF COMMERCE NOAA
COASTAL SERVICES CENTER
2234 SOUTH HOBSON AVENUE
CHARLESTON , SC 29405-2413

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

TABLE OF CONTENTS

CHAPTER I INTRODUCTION ............................. 1
CHAPTER II MANAGEMENT AUTHORITY ...................... 11
A. Statutory Authority .................. 11
B. Administrative Rules ................. 13
C. Relationship to Other Applicable
Plans and Programs ................. 15

CHAPTER III RESOURCE DESCRIPTION
A. Location and Boundary ................ 17
B. Physiography ......................... 28
C. Geology ............ I.................. 28
D. Hydrology ............................ 29
E. Water Quality ........................ 29
F. Biological Communities ............... 32
1. Seagrass Beds .................... 32
2. Mangroves ........................ 35
3. Algae ............................ 36
4. Marshes ........................... 36
5. Tidal Flats ...................... 37
6. Oyster Bars .......... :..I ......... 37
G Designated Species ....... ........... 38
H. Archaeological and Historical
Resources .......................... 38

CHAPTER IV REGIONAL LAND USE AND DEVELOPMENT
A. Adjacent Upland Uses ................. 39
B. Uses of the Preserve ................. 40
C. Planned Use .......................... 43

CHAPTER V MANAGEMENT AREAS
A. Introduction ......................... 45
B. Management Area Classifications ...... 46
C. Minimum Criteria for Allowable
Uses ............................... 48
D. Management Areas ...................... 52

CHAPTER VI SITE SPECIFIC MANAGEMENT ISSUES
A. Management Issues and Special Needs .. 61
1. Protection'of Designated
Species ........................ 61
2. Dredging ......................... 62
B. Management Initiatives ............... 62

CHAPTER VII MANAGEMENT ACTION PLAN
A. Resource Management .................... 65
B. Resource Protection .................. 69
C. Research .............................. 72
D. -Environmental Education .............. 74

CHAPTER VIII MANAGEMENT COORDINATION NETWORK
A. Federal Agencies ..................... 77
B. State Agencies ....................... 78
C. Regional Agencies .................... 81
D. Local Agencies ........................ 82

CHAPTER IX STAFFING AND FISCAL NEEDS ............. o.... 87

CHAPTER X RESOURCE AND PROGRESS MONITORING PROGRAM
A. Resource Monitoring .................. 89
B. Progress Monitoring .................. 90

BIBLIOGRAPHY .................... ........ 91

LIST OF FIGURES AND TABLES

Figure 1. All Aquatic Preserves in Florida ........... 5

Figure 2. Mosquito Lagoon Aquatic Preserve ............... 7

Figure 3. Mosquito Lagoon Aquatic Preserve ............... 9

Figure 4. State-owned Lands Within Mosquito Lagoon
Aquatic Preserve ............................. 23

Figure 5. Federally-Owned Lands Within Mosquito Lagoon
Aquatic Preserve .............................. 25

Figure 6. DER/DNR Water Classifications .................. 33

Figure 7.. Volusia County Zoning Map ...................... 41

Figure 8. Management Area Map ............................ 55

Table 1. Wastewater Treatment Facilities Adjacent to
Mosquito Lagoon Aquatic Preserve ............. 30

Table 2. Management Coordination Network ........... 84 85

LIST OF APPENDICES

Appendix A. Relevant Legislation ........................... 95

Appendix B. Local Ordinances ................................ 105

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 32399-3000

CHAPTER I'.

INTRODUCTION

The Mosquito Lagoon Aquatic Preserve is located in southern
Volusia and northern Brevard Counties and represents one of
the 42 aquatic preserves in Florida (Figure 1) . This preserve
was designated by the Florida Legislature in 1970 for the
purpose of maintaining Mosquito Lagoon in an essentially
natural condition. The preserve is approximately 36,000 acres
in size and includes only the sovereignty submerged lands
located below the *ordinary highwater line. The preserve is 28
miles long extending from the southern end of the lagoon north
to the south city limits of New Smynra Beach (Figure's 2 & 3).

The Mosquito Lagoon system represents one of the state's most
pristine waterbodies. Thousands of acres of shallow seagrass
beds, mangrove-covered islands and shorelines, with
intermittent oyster bars, sand bars, and natural channels
characterize the diversity of natural habitats found in the
area. A wide variety of fish and wildlife species flourish
in this preserve.

This management plan is only one of many steps that will be
necessary to maintain the area in its natural condition. 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
management st rategies outlined in this plan will be modified.

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 ensuring that the submerged land
resources of the lagoon remain for future generations to
enjoy.

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

Because of the presence of environmentally productive habitats
described in Chapter III, this plan will involve emphasis on
maintenance and enhancement of existing natural conditions.
This effort will entail an approach that relies heavily on
resource inventories. Initially, the development of this
inventory will depend on LANDSAT satellite imagery, aerial
photography, county land use elements, and existing literature
(e.g., scientific and historical data).

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

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

Chapter III provides a description of the Mosquito Lagoon
,Aquatic Preserve and details the physical and biological
components of the preserve as well as any cultural resources.

Chapter IV provides information on the current and future uses
of this preserve and use of the adjacent uplands.

Chapter V 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 with consideration for upland use and
potential impacts on the submerged resources. Specific
restrictive criteria are developed for each area, along with
their effects and rational.

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

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

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

This.plan was.written by staff of the Department of Natural
Resourcesi Division of State Lands, Bureau of Submerged Lands
and Preserves.

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AQUATIC PRESERVES ARE ESTABLISHED
BY THE FLORIDA LEGISLATURE AND
INCLUDE ONLY STATE OWNED
SOVEREIGNTY SUBMERGED LANDS.
THE GOVERNOR AND CABINET SITTING
AS TRUSTEES OF THE INTERNAL
D ARE R
IMPROVEMENT TRUST FUN
MANAGERS OF THESE AREAS.

FOR MORE INFORMATION REGARDING
S
AQUATIC PRESERVE CONTACT:

DEPARTMENT OF NATURAL RESOURCES
0141SION OF STATE LANDS
I-TA.
BUREAU OF AQUATIC PRESERVES

3900 COMMONWEALTH BLVD
TALLAHASSEE, FLO R IDA 32303
C-A"D 0 CAROL A. K@X

Figure All Aquatic Preserves in Florida

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BE OfV"MOM Of LAND MAN"EMENT
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USIA CO.
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LEGEND

COUNTY SOUNDARY LINE MAP OF
CORPORATE LIMITS
MILITARY NEW WT.
MOSQUITO LAGOON AQUATIC PRESERVE
RAILROAD ( AQUATIC PRESERVE A-6)
VOLUSIA AND BREVARD CDLJPMES, FLORIDA
"ARMAN' PAVED ROAD -"IS" TYPE PART I (Nfk) VOLUSIA CDUNTY
BITUMINOUS ROAD
CREATED my

STATE OF FLORIDA BOARD OF
TRUSTEES OF THE INTERNAL IMPRMMENT TRUST FUND
INTRACOASTAL WATERMW OCTOBER 21,1969
AOUXr1C PREURYt MESOLUTION ADOPTED OCTOM 2% mm

Figure 2 Mosquito Lagoon Aquatic Preserve (North Half)

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MAP OF
MOSQUITO LAGOON AQUATIC PRESERVE
SCALE IN MILES AQUATIC PRESERVE A-6)
VOLUSIA AND BREVARD COUNTIES, FLORIDA
PART N I S/Z I BREVARD COUNTY
CREATED OT

STATE OF FLORIDA BOARD OF
TRVSTEES OF THE INTERNAL IMPFKNEMENT TRUST FUND
DIVISION Of LAND MAN"CMENT OCTOBER 2 1. 19*9
AtsoLulrloft ADOPTED ocvoetft 71.1s"

Figure 3 Mosquito Lagoon Aquatic Preserve (South Half)

CHAPTER II

MANAGEMENT AUTHORITY

A. STATUTORY AUTHORITY

The fundamental laws providing management authority f or the
Mosquito Lagoon Aquatic Preserve are contained in Chapters 258
and 253, Floi@ida 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 Fundf
as Trustees over all sovereignty submerged lands. In
addition, these statutes authorize the Board of Trustees to
adopt and enforce rules and regulations for managing all
sovereignty submerged lands, including aquatic preserves.

In 1975 the Florida Aquatic Preserves Act, Sections 258.35-
258.42, F.S., was enacted by the Florida Legislature. This
statute sets forth a standardized set of management criteria
for all designated aquatic preserves, and represents in
concert with Chapter 253, F.S., the primary laws governing use
of sovereignty submerged lands within aquatic preserves.

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

Management responsibilities for aquatic preserves may be met
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 serves as the primary managers
who implement provisions of the management plans and rules
applicable to the aquatic preserves. Staff evaluates proposed
uses or activities in the preserve, and assesses the possible
impacts on the natural resources. Project reviews are
primarily evaluated in accordance with the criteria in
Sections 258.35-42 F.S., and 18-20, Florida Administrative
Code (F.A.C., Rules of Florida Aquatic Preserves).

Staf f 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 Trustee's establishment of a
moratorium on the sale of submerged lands to private
interests. In the same year, an interagency advisory
committee on submerged lands was created to develop strategies
for protection and management of state submerged lands.

In 1968, the Florida Constitution was revised, declaring in
Article II, Section 7, the State's policy of conserving 'and
protecting the natural resources and scenic beauty. -That
constitutional provision also established the authority for
,the legislature to enact measures for the abatement of air and
water pollution. Then, late in 1968, the committee issued a
report recommending the establishment. of twenty-six aquatic
preserves. . I
On October 21, 1969 the Governor and Cabinet act-ed upon the
recommendations of the Interagency Advisory Committee and
adopted by resolution eighteen of the water bodies as aquatic
preserves. Other preserves were individually adopted at
various times through 1989, including Mosquito Lagoon in 1970.

B. ADMINISTRATIVE 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 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 18-20.0111 F.A.C., which states:

11(l) 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 end ure for the enjoyment of future generations.

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

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

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

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

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

(e) to encourage the protection, enhancement, or
restoration of the biological, . aesthetic, or
s*cientific 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, mangrovest 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 18-2.1, F.A.C.

Chapter 18-21,* F.A.C., controls activities conducted on
sovereignty submerged lands in general and is predicated upon
the provisions of Sections 253.03 and 253.12, F.S. These
rules are supplemental.. to Chapter 18-20, F.A.C. in the
regulation of activities in aquatic preserves. The stated
intent of this administrative rule.is:

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

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

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

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

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

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

C. RELATIONSHIP TO OTHER APPLICABLE PLANS AND PROGRAMS

The State Comprehensive Plan, established by Chapter 187,
F.S., provides long-range policy 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, 198.3, contain 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.

The Local Government Comprehensive Plan (LGCP) for Volusia and
Brevard Counties is required by the Local Government
Comprehensive Planning Act of 1975 (Section 163.3161, F.S.),
[as amended by Chapter 85-55, Laws of'Florida, to the Local
Government Comprehensive Planning and Land Development
Regulation Act (the Act)) to have a comprehensive management

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15

plan with elements relating to different governmental
functions (i.e., housing, physical facilities, conservation,
land use, coastal zone protection, etc.). These plans, in
ef f ect, 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.

Brevard County adopted its LGCP on 8 September 1988; however,
the Department of Community Affairs (DCA) found it not to be
in compliance with the Act. Brevard County has entered into
a Compliance Agreement with the DCA and the LGCP is expected
to be found in compliance in mid-1990.

Volusia County will adopt its LGCP in April 1990. They expect
the DCA will find the Plan in compliance.

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 ob"jectives- of the program. Policy
statements that are developed and adopted by the county, and
are consistent with the Aquatic Preserve Program, will be
incorporated into this management plan at a later date.

Other Department of Natural Resources management authorities
applicable to aquatic preserves include management and
protection of fisheries and marine mammals as well as beach
and shore preservation programs outlined in Chapters 370 and
161, F.S., respectively. Land acquisition programs conducted
under the Environmentally Endangered Lands authorities of
Chapter 259, F;S., or the Conservation and Recreation Lands
Program authorized by 253, F.S., will enhance the protection.
of the natural resources within the aquatic preserves.

CHAPTER III

RESOURCE DESCRIPTION

A. LOCATION AND BOUNDARY

This plan addresses the management of the Mosquito Lagoon
@quatic Preserve (Figure's 2 & 3). This preserve is located
in east-central Florida and extends from southern Volusia
County into northern Brevard County. There are three
incorporated municipalities adjacent to the preserve, all in
Volusia County: New Smyrna Beach, Edgewater, and Oak Hill.

Since most of the originally designated aquatic preserve is
now under the ownership of the federal government, the primary
focus of this plan will be on that part of the preserve under
the ownership of the State of Florida (Figure 4).

The preserve is 28 miles long and encompasses approximately
39,000 acres. The preserve is described as a polygon bounded
on the north by the southern city limits of the city of New
Smyrna Beach, on the east by the mean high water line (MHWL)
or the ordinary water line (OWL) of the western shore of the
barrier island, on the south by the MHWL or the OWL along the
northern shore of Merritt Island, and on the west by the MHWL
or the OWL along the eastern shore of Merritt Island north to
Haulover Canal and, then farther north by the eastern border
of the Atlantic Intracoastal Waterway (AIW).

Much of the submerged bot tom has been conveyed or dedicated
to the United States of Ameri.ca (Figure 5).

On 31 July 1962 the state dedicated "to the exclusive use of
the United States all of the land, beach, and water
areas... for so long a period of time as the same may be used
or required by the United States for the Manned Lunar Landing
Program" from Haulover Canal south to just north of S.R. 520.
It included the southern part of Mosquito Lagoon, the northern
end of Merritt Island, and the northern end of the Banana
River (Trustees, 1962). This dedication was modified on 8
March 1967 "to provide for an additional use of the property
by said document dedicated to the United States of America.,
to-wit, a National Wildlife Refuge, and ... may ... transfer a
portion ... to the United Statutes [sic] Bureau of Sports
Fisheries and Wildlife for use ... as a National Wildlife
Refuge" (Trustees, 1967).

On 2 March 1965 another portion of Mosquito Lagoon,and north
Indian River Lagoon was dedicated "to the exclusive use of the
United States all of the sov 'ereignty land, beach, and water
areas .... which are owned or controlled by grantor, for so long

a period of time as the same may be used or required"
(Trustees, 1965). This dedication was for the area north of
the old Haulover Canal to the approximate southern city limits
of Oak Hill. It included the barrier island, Mosquito Lagoon,
the eastern portion of the north Indian River, and some
uplands. The United States wished to expand the National
Aeronautics and.Space Administration (NASA) facilities at Cape
Kennedy and needed additional lands. The following
stipulations were added to this dedication:

1. For the location, construction operation, repair,
replacement, alteration of ro'ads, causeways,
commuter systems, railroad rights of way, other type
transportation facilities, pipelines, communication
facilities, power lines, etc., or their removal or
abandonment.

2. For the location of poles, wires, guy lines, towers,
etc.

3. For work and borrow areas.

4. For security areas.

5. For other uses necessary to the said project of the
National Aeronautics and Space Administration.

In addition, "the right to police, patrol, preserve, and
protect ... and to exclude any and all persons therefrom" were
also included (Trustees, 1965).

These two dedications were modified on 24 March 1969. This
modification dedicated "to the exclusive use of the United
States all of the sovereignty land, beach, and water areas
within the limits of the land described... f or so long A period
of time as the same may be used or required by the United
States in the Space Program as follows:

1. For the primary use in connection with the Space Program
of the United States of America and for related purposes;
and

2. For secondary use as a Wildlife Refuge or for public park
and recreation purposes upon a determination by the NASA
that such use is not inconsistent with its primary use in
the Space Program;

together with the right to police, patrol, preserve, and
protect said sovereignty land, beach and water areas.... and to
exclude any and all persons therefrom... (Trustees, 1969).

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LEOPEND

COUNTY OCKOWARY LINE MAPOF
CORPORATt LIMITS MOSQUITO LAGOON AQUATIC PRESERVE
MILITARY RESV. WT. ( AQUATIC PRESERVE A-6 )
RAILROAD VOLUSIA AND BREVARD CDUKnE!5@ FLORIDA
PAVED ROAD "I" TYPE PART I I N/2) VOLUSIA C40LMry
BITUMINOUS NO"
CREATED BY
--- ITATI HK,"VAY STATE OF FLORIDA BOARD OF
TRUSTEES OF THE INTERNAL IMPIROVEMENT TRUST FUND
INTRACOASTAL WATERWAY OCTOBER 21,1969
AOUATIC PRmwn RESOLUTION ADOPTED OCTOBER 2L MOS

Figure 2 Mosquito Lagoon Aquatic Preserve (North Half)
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Figure 3 Mosquito Lagoon Aquatic Preserve (South.Half)

State-Owned Land within Mosquito Lagoon Aquatic Preserve

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Figure 5

These dedications result in the United States having
jurisdiction over the submerged bottom of the entire southern
portion of the Mosquito Lagoon to the approximate southern
city limits of Oak Hill. The primary purpose of this
submerged land, and adjacent uplands, is for the Space
Program. Its secondary purpose is as a Wildlife Refuge.

On 1 April 1980 the Trustees dedicated "State-owned land in
the Mosquito Lagoon Aquatic Preserve, Apollo State Park,
Turtle Mound, emergent, spoil and mangrove islands adjacent
to and/or within Mosquito Lagoon and Indian River North and
offshore sovereignty land in Brevard and Volusia Counties" to
the United States Department of the Interior for the purpose
of inclusion in the Canaveral National Seashore (Trustees,
1980). This dedication included the submerged bottom in
Mosquito Lagoon from its southern reaches north to about 1/2
mile south of the southern city limits of Edgewater.

The 1980 dedication was modified on 13 January 1986, and the
state-owned land was deeded over to the United States of
America for inclusion in the Canaveral National Seashore at
the same time. This deed "is for the express purpose of
inclusion in the Canaveral National Seashore to manage the
lands for wi lderness/preservat ion purposes... In the event that
any development proposals are contemplated which may be
contrary to these objectives, concurrence of the said Board
of Trustees shall be required" (Board, 1986).

Section 258.40(l), Florida Statutes (F.S.), states:

The aquatic preserves established under this act shall
include only lands or water bottoms owned by the state
as set forth in s. 253.03 and such lands or water bottoms
owned by other governmental agencies as may be
specifically authorized for inclusion by appropriate
instrument in writing from such agency.

There is no instrument in writing from the United States
indicating that these lands 'are still included within the
Mosquito Lagoon Aquatic Preserve. This deed then has the
result of removing from the Mosquito Lagoon Aquatic Preserve
approximately 25 miles of its 28-mile length from the aquatic
preserve. The Trustees have no jurisdiction unless it can be
shown that the activity is contrary to the management of these
lands for wilderness/preservation purposes.

Within the area deeded to the United States government there'
are several existing, Chapter 370, F.S., shellfish leases. It
has been determined that these lease areas are still under the
jurisdiction of the state, and as such are technically within
the Mosquito Lagoon Aquatic Preserve. Since these leasesare
jurisdictionally isolated from the rest of the preserve,
management,of these areas will'be limited.

B.-PHYSIOGRAPHY

The Indian River Lagoon system is a long, wide, shallow
estuarine lagoon bounded on the west by the Florida mainland
and on the east by a chain of barrier islands. Mosquito
Lagoon lies between a relic barrier and a present-day active
barrier island, and it is connected to the north Indian River
Lagoon by Haulover Canal. 2 The Mosquito Lagoon surface
drainage sub-basin (288.5 km ) extends from Ponce de Leon Inlet
in the north to the southernmost extent of the lagoon. The
lagoon becomes increasingly derelict north to St. Johns County
(White, 1970). The lagoon is relatively shallow, with
extensive seagrass coverage, particularly in the southern
half. There are no significant inputs of freshwater other
than non-point stormwater runoff. Due to limited freshwater
input and a large surface area, high evaporation rates are
experienced, producing high salinities, particularly during
the summer.

C. GEOLOGY

The rise and fall of the sea level has played a continuing
role in the condition of the area represented by today's
lagoon. In the late Pleistocene, the sea level was higher
than it is today, with the present chain of barrier islands
existing as offshore sand bars. The Atlantic Coastal Ridge
functioned as a barrier. island that protected a shallow lagoon
(Eastern Valley) thereby creating a situation analogous to
the present-day system of barrier islands bordering the
lagoon.

The sea level dropped at the beginning of the glacial age
(=125,000 years ago) and exposed the site of today's lagoon
and barrier islands. These barrier islands had partially
lithified through the precipitation of calcium carbonate
(CaC03). As the sea level rose during the deglaciation of the
continent (30,000 - 35, 000 years ago), the Indian River Lagoon
system became brackish through partial inundation by oceanic
water. Between 6,000 and 30,000 years ago, there was yet
another retreat of the sea level, and the site of today's
lagoonal system was exposed again. Deposition of sediments
through wind and freshwater transport partially filled the
lagoon until the last great ice sheets melted (5,000 - 6,000
years ago), and the sea level rose to form what is today Is
Indian River Lagoon system (White, 1970).

The Atlantic Coastal Ridge, which lies to the west and is 25
feet above mean sea level (MSL), is characterized as a sandy
ridge with Daytona-Satellite Astatula Soil series, and oak
scrub and sand pine vegetation. The barrier island,.which
lies to the east and -ranges in height from sea level to 30

f eet above MSL, is comprised of the soil series Palm Beach-
Paola-Canaveral with coastal scrub and oak hammock vegetation.

D. HYDROLOGY

Low currents and small water level changes are a
characteristic of Mosquito Lagoon; thus the wide shallow
lagoon is poorly flushed. The 1989 National Oceanographic and
Atmospheric Administration (NOAA) Tide Tables note: "From Oak
Hill southward in Mosquito Lagoon the periodic tide is
negligible." At Ponce de Leon Inlet the mean tidal range is
2.3 feet. Water level changes in Mosquito Lagoon are due to
several factors: 1) wind speed and direction, 2) barometric
pressure, 3) rainfall, and 4) ocean level changes.

The average annual rainfall in the Indian River Lagoon Basin
is 50.2 inches (St. Johns River Water Management District,
1987). Seasonally, nearly 50% of this amount is recorded
during the warm season (June - September). Frequent summer
thunderstorms are responsible for most of the rainfall during
this season. These summer storms are of short duration and
can produce heavy localized rainfall. During the cold season
(December - March) only 22% of the annual rainfall is
recorded. Frontal systems passing through the area during the
fall and winter months account for most of the rainfall during
this period. This rainfall enters the lagoon as sheet or
overland flow and as point-source discharges through rivers;
creeks; streams; and man-made canals,, ditches, and culverts.
Much of the freshwater that enters the lagoon originates from
these sources.

Major human-induced changes that have altered the hydrology
of Mosquito Lagoon include: 1) The AIW which was completed
in 1941; 2) mosquito impoundments, which have isolated large
tracts of wetlands from the lagoon; 3.) finger canals, which,
due to the poor flushing of the lagoon, have resulted in dead-
end pockets; 4) causeways, which have substantially altered
the existing water current patterns; and 5) lands created by
dredge and fill activities.

E. WATER QUALITY

East-central Florida has experienced a rapid increase in
population in recent years, with most of it concentrated along
the coast. This increase has rosulted'in ... a deterioration
of water and Sediment quality in the Indian River Lagoon
system near population centers as the result of the
intensification and expansion of man's activities" (SJWRMD,
1987).

There are two wastewater treatment facilities (WWTF) near or
adjacent to the preserve:

TABLE 1

Wastewater Treatment Facilities
adjacent to
Mosquito Lagoon Aquatic Preserve

NAME OF
FACILITY TYPE TREATMENT DESIGN CAPACIT ACT. DISCH.

New Smyrna Complete mix 4.0 MGD 2.1 MGD
Beach Mun. activated sludge

Edgewater Extended Aeration 1.0 MGD 0.6 MGD
Municipal & nitrification

notes: Data as of 1986 (SJRWMD, 1987)
MGD million gallons per day

Salinities in Mosquito Lagoon are the product of ocean water,
rain water, WWTF inputs, ground water, and evaporation. In
the southern reaches of the lagoon, hypersaline conditions
(>40 ppt) are not uncommon in the summer month (personal
observation).

Nutrient levels (total nitrogen, total phosphorus) are
relatively low in the southern section of the lagoon,
particularly when compared with similar open-water- areas in
the North Indian River Lagoon. The Brevard County office of
Natural Resources Management has collected data just east of
Haulover Canal in Mosquito Lagoon from 1980 to 1985. The
yearly mean levels of total nitrogen ranged from 0.5 mg/l in
1981 to 1.2 mg/l in 1985, while total phosphorus ranged from
0.5 mg/l in 1982, 1983,. and 1984 to 0.10 mg/l in 1980. Yearly
mean dissolved oxygen levels were generally in the 7.0 mg/l
ranged and chlorophyll a levels range from 5.5 to 10 mg/l
(SJRWMD, 1987).

Long-ti@.,rm water quality data for the northern section of the
lagoon is not as extensive; however, there have been several
studies either started or proposed that should rectify this
gap in information (City of Edgewater, 1989). The City of
Edgewater Comprehensive Planf citing a study by the Florida
Department of Environmental Regulation (DER), states, "Water

quality sampled at the Edgewater WWTP outfall area, was
described as fairly good except for turbidity, high total
phosphorous levels, and a poor flushing rate." Citing another
DER and SJRWMD report the plan states, "The poorest water
quality in the Indian River North/Mosquito Lagoon was found to
be in areas adjacent to urbanization (New Smyrna Beach and the
City of Edgewater)."

There are several state water classifications within Mosquito
Lagoon. These classifications either reflect current,
attainable, or allowable water quality (Figure 6). The,DER
classifications of Class II or Class III determine the best
allowable uses and dictate what type of activities and
discharges are allowed. The Outstanding Florida Water (OFW)
designation superimposes another level of protection so that
water quality will not be degraded below current levels. The
DNR shellfish classification system reflects relatively
current water quality parameters, specifically fecal coliform
levels. This 'classification system allows for oysters and
clams to be harvested when the water quality meets specific
standards and allows raw or partially cooked consumption of
these oysters and clams with a low risk of disease occurrence.

That portion of the preserve within Brevard County has the
following water quality classifications:

1. DNR classifies the water as approved for the harvesting
of shellfish. This means that in the absence of
hurricanes, sewage spills and other pollutional events,
shellfish can be harvested; and
2. DER classifies the water as Class II and as an OFW.

That portion of the preserve within Volusia County has the
following classifications:

1. DNR classifies the water as conditionally approved for
the harvesting of shellfish. This means that when
rainfall, as recorded in Edgewater, exceeds 1.50 inches
in any three-day period, shellfish cannot be harvested;
2. DER classifies the water as Class II, and as OFW.

Based on this information, overall water quality in the
Mosquito Lagoon Aquatic Preserve can be categorized as good,
with sections having excellent water quality (the southern
half of the lagoon), and other sections having fair water
quality (the northern half of the lagoon).

In addition, the entire Indian River Lagoon system has been
designated as an Estuary of National significance by the U.S.
Environmental Protection Agency. While this designation
provides no water quality or development criteria, it does
provide a level of awareness that will be considered by
federal, state, and local governments.

F. BIOLOGICAL COMMUNITIES

The fisheries of Mosquito Lagoon are a major reason for its
designation as an aquatic preserve. The lagoon is a valuable
nursery area for fish caught commercially and recreationally
in the lagoon and the Atlantic ocean. Other species not
directly important to commercial fishing but necessary to its
ultimate food chain also depend' on the lagoon. The seagrass
beds, mangrove forests, algal communities, oyster bars,
marshes, spoil islands, tidal flats, and mosquito impoundments
provide a refuge for species visiting this - area during
migrations, for daily feeding purposes, and during. times of
extremely adverse environmental conditions, such as drought,
storms, and development-related activities. Some of these
transients include the West Indian manatee and many bird
species.

Each community is presented separately, although in reality
these communities are interrelated and often intermixed.

1. SEAGRASS BEDS

Seagrasses are submerged vascula r plants that stabilize
sediments; entrap silt; -recycle nutrients; provide shelter,
habitat, and substrate for animals and other plant forms;
provide important nursery grounds; and are important direct
and indirect food sources (Wood et al., 1969; Odum, 1974).
For these reasons, seagrass beds are the most productive
habitat within the estuary. Some examples of the roles
that they play include functioning as nursery areas for
juvenile forms of shellfish, providing a food source for
the endangered West Indian manatee (Trichechus manatus) ,
and serving as a substrate for the many species of
epiphytic algae eaten by invertebrates, which are in turn
eaten by fish. Many commercially and recreationally
important -fishes spend at least part of their lives in
these beds (Zieman, 1982). The invertebrate fauna and
algal flora associated with these seagrass beds are rich
and diverse, and collectively forms an intricate biotic
complex central to the ecology of the lagoon.

The most common species of seagrass found in Mosquito
Lagoon are Cuban shoal grass (Halodule wrightii) and
manatee grass (Syringodium filiforme).

Seagrass coverage, density, and diversity vary seasonally,
yearly, and possibly in longer cycles. Seagrasses are
negatively affected both directly and indirectly from
dredge and fill-operations, water quality degradation and,
to some extent, boating activities.

DER/DNR Water Classifications

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Figure 6

Seagrass beds are an extremely important vegetational
community and will be used as a key indicator in measuring
the biological condition of the aquatic preserve. Since
there has already been an estimated 30% loss of seagrass in
the Indian River Lagoon since the 1950's (Haddad and
Harris, 1985), protection of seagrasses will be a major
consideration in the administrative and field review of use
proposals. The specific objectives and tasks regarding
this management are addressed in Chapter VII.

2. MANGROVES

Four species of mangrove are found in Florida's marine
environment: red mangrove (Rhizophora mangle), black
mangrove (Avicennia germinans), white mangrove
(Laguncularia racemosa), and buttonwood (Conocarpus
erectus). The northern half of Mosquito Lagoon represents
the northernmost extent of red mangroves on the east coast
of Florida. While there is some evident zonation among
mangrove species, it is important to bear in mind that the
zones can and do overlap. ' There are four major factors
that limit the distribution of mangroves: temperature,
salinity, tidal fluctuation, and substrate (Odum et al.,
1982). In Mosquito Lagoon these factors have allowed
mangroves to establish themselves as the dominant shoreline
vegetation, especially among the numerous tidal islands.
Other plant species associated with the mangroves in the
preserve include smooth cordgrass (Spartina alterniflora),
salt grass (Distichlis spicata) , glassworts (Salicornia
spp.), sea purslane (Sesuvium portulacastrum), and sea
daisy (Borrichia frutescens).

Mangroves perform a variety of ecological roles. Two
species form specialized above-ground root structures (the
prop roots of red mangroves and the pneumatophores, or
aerating root spikes, of black mangroves) that form
extensive tangles that stabilize and accrete sediments
along the shoreline and limit erosion. . The underground
roots of all mangrove species also serve to stabilize the
shoreline. The leaves contribute an important detrital
component in the nutrient cycle in tropical and subtropical
marine systems (Heald and Odum, 1970; Odum et al.., 1982;
Lewis et al., 1985). The above-ground "prop" roots of the
red mangrove function as habitat for a variety of
invertebrates and vertebrates (Savage, 1972), while the
mangrove canopy functions as a bird rookery. '

Mangroves are susceptible to both natural and human-
induced disturbances. The natural disturbances can be in
the form of freezing temperatures, hurricanes, the
formation of new inlets, and changes in sea level. Human-
induced changes include the conversion of extensive
mangrove wetlands into mosquito impoundments, dredge and

fill activities, shoreline alteration through the
construction of seawalls, trimming or removal in order to
view the adjacent waterway, and erosion attributable to
human activities. Impacts to mangrove systems resulting
from alteration of upland drainage patterns are not well
understood and require additional studies.

It is estimated that there has been an 86% loss of
mangroves in the Indian River Lagoon since the 1950's,
primarily through the creation of mosquito impoundments
(Haddad and Harris, 1985). Protection of the extensive
mangrove communities in the preserve will therefore be a
major task of this plan's management activities. The
specific- objectives and tasks regarding this management are
addressed in Chapter VII.

3. ALGAE

Algae represent the non-vascular vegetation in Mosquito
Lagoon'- There are some 60 species of red, brown, and green
algae that grow in the sediment, attached to seawalls or
rip rap, or attached to seagrasses. Some of these algal
species can begin as attached forms and eventually break
off to form drifting algal mats that become substrata for
numerous invertebrates, associated algae, and fish. The
drift algae communities may provide better refuge for many
organisms than do seagrasses (Eiseman and Benz, 1975; Benz
et al., 1979; Gore et al., 1981; Kulczycki et al., 1981;
Virnstein and Howard, 1987).

Because aggregates of attached algae exhibit many of the
ecological attributes associated with seagrasses (Nelson
et al., in press) , this community - should be af forded a
similar level of protection. Chapter VII addresses the
specific objectives and tasks toward this end.

4. MARSHES

The term "marsh" covers a variety of habitats, the species
composition of which is largely determined by small
differences in elevation. Two major categories of marsh
are high marsh and low marsh. High marshes represent areas
that receive the least amount of tidal inundation and are
characterized by salt grass (Distichilis spicata), sea
purslane (Sesuvium portul aca strum), sea daisy (Borrichia
frutescens), saltwort (Batis maritima), and glasswort
(Salicornia virginica). Low marshes are more frequently
inundated 'and the dominant vegetation is smooth cordgrass
( partina alterniflora).

Marsh habitats are extensive within the preserve, occurring
mostly on the tidal islands. Along the developed portion

of the barrier island much of the marsh has been supplanted
with seawalls, rip rap, and turf grasses.

This area of the east coast is a transition zone between
marsh dominated shoreline and mangrove dominated shoreline.
During warm years mangroves do well -and dominate the
shoreline area; however, after freezes (1983', 1985, 1989)
the mangroves are killed back and the marsh communities
dominate.
Marsh communities function as a natural filtration system
for- runoff, recycle nutrients, contribute to estuarine
productivity, and provide shelter and habitat for a variety
of animal life.* Protection of the remaining marshes will
be outlined in Chapter VII.

5. TIDAL FLATS

A tidal flat describes a wide variety of shallow water
habitats. They may consist of lagoonal beaches, areas
waterward of the mangroves, spoil areas, - and natural
shoals. These tidal areas are utilized by a variety of
shore birds who feed on the numerous invertebrate species
that inhabit the flats. Such birds often form extensive
nesting colonies in adjacent upland areas. Successful
breeding may be linked to both the vitality of the flats
and to their undisturbed access. In addition to using the
flats as feeding sites, many birds use them as resting or
."loafing" areas (Barnett et al., 1980). Although tidal
flats are a.conspicuous and.presumably important component
of the lagoonal system, their ecological roles have not be
adequately defined. Additional research in this area is
required.

The focus for protection of tidal flats is their use as
habitat by the bird population. Specific implementation
of the appropriate management objectives is addressed in
Chapter VII.

6. OYSTER BARS

oyster bars are primarily intertidal, and the oysters
themselves can survive in a wide range of salinities and
temperatures.. The sizes of the oyster bars in Mosquito
Lagoon are limited by the tidal creek nature of the
northern section of the lagoon; however, oysters and oyster
bars are located throughout this area. The larvae need a
clean, hard surface upon which to attach, and an oyster
shell is the preferred substrate. Over several years, the
cycle of death and reproduction of the oysters produces a
labyrinth of habitat not only for subsequent oyster
settings, but also for a wide variety of other marine
organis S. There are several species of mussels,

barnacles, fish, shrimp, and crabs that utilize the oyster
bars for habitat.

oysters are not a light-sensitive organism, and as such are
not directly affected by shading. Damage from mechanical
disturbance such as dredging or.placing of pilings is more
likely to be the disruptive force. In addition, increases
in suspended sediments can cause a silting over of the
oysters, effectively smothering and killing the oysters.

Prevention of mechanical damage or smothering will be the
focus of protection for this resource.

G. DESIGNATED SPECIES

The combination of a subtropical climate and diverse habitats
in the Indian River Lagoon has resulted in the survival of
many species of plants and animals designated for protection
by the U.S. Fish and Wildlife Service, the Florida Game and
Fresh Water Fish Commissiont the Florida Department of Natural
Resources, and the Florida Natural Areas Inventory. Some
representatives, like the common snook (Centropomus
undecimalis) and loggerhead turtle (Caretta caretta) . are
found throughout Mosquito Lagoon. Evidence of green turtles
(Chelonia mydas) feeding in -the lagoon is indicated by the
presence of "clipped or grazed" areas within the seagrasses,
their preferred food item. After periods of hard freezes
green and loggerhead turtles have been found in the lagoon
stunned by the cold. These turtles have been rescued and
latter return to the lagoon. Another designated species
utilizing the lagoon is the West Indian manatee. Mosquito
Lagoon is used as a corridor by these mammals as they travel
north and south along the AIW.

H. ARCHAEOLOGICAL AND HISTORICAL RESOURCES

The Indian River Lagoon area has a long history of Indian
activity. According to the Volusia County Coastal Management
Element of the Comprehensive Plan, "Coastal Volusia County
contains one National Historic Landmark, 14 resources listed
on the National register of Historic Places (NRHP) , 14
resources which are eligible or have been nominated to the
NRHP, and over 50 historic properties of undetermined historic
significance."

Mosquito Lagoon contains the greatest collection of
prehistoric sites in the Volusia County coastal area, most of
which lie within the Canaveral National Seashore or the
Merritt Island Wildlife Refuge. Turtle Mound and Ross Hammock
are two large shell middens and associated burial mounds, both
of which are on the NRHP.

CHAPTER IV

REGIONAL LAND USE AND DEVELOPMENT

A. 'ADJACENT UPLAND USES

Volusia County has four different zoning classifications in
those areas adjacent to and within the preserve (Figure 7).
Brevard County, on the otherhand, does not zone the adjacent
uplands' because the uplands are under federal ownership.
Based on existing development conditions within Volusia
County, the adjacent upland uses in this preserve are
categorized as follows: single-family residences, multi-
family residences, conservation, and preservation. These
broad categories identify the upland use adjacent to state-
owned submerged lands and do not necessarily reflect county
zoning terminology-

Sincrle-family residential: There are two single-family
residential zones located on the barrier island. The
northernmost zone begins at the southern city limits of New
Smyrna Beach and extends south to about Bottle Island Road.
The second zone begins .47 miles south of Bottle Island Road
and extends south to just south of Trout Avenue. These
areas are listed in the Volusia County Future Land Use Plan
as "Urban Low Intensity - Areas primarily designated for low
density residential. Transitional uses such as neighborhood
convenience centers and individual office buildings may be
permitted. Density: 1 to 4 du/acre [unit/acre]."

The single-family lots along the lagoon are nearl y all
occupied by homes. There is a man-made canal along much of
the shoreline giving the adjacent lots access to the rest
of the lagoon via a part man-made part natural canal/channel
system.

Multi-family residential: There is one multi-family
residential zone on the barrier island. This zone is wedged
in between the two single-family zones described above.
This areas is listed in the Volusia County Future Land Use
Plan as "Urban.High Intensity - Areas primarily designated
for high density residential development. Neighborhood
shopping centers and office development may be permitted.
Density: 8.1 to 20 du/acre [units/acre]."

At the present time this area is undeveloped; however, the're
has been one application received by the DNR for
construction of a multi-family dock/pier within a small,
shallow embayment.

39*

Conservation: This is the area west of the barrier island
and north of the federal jurisdiction. It includes an area
within Mosquito Lagoon proper. This area is listed in the
Volusia County Future Land Use Plan as "Important ecological
corridors consisting of environmentally sensitive and
ecologically significant lands. Silviculture is the
preferred use. Density: I du/25 acres [unit/acre]."

Preser vation: Most of Mosquito Lagoon within Volusia County
i-s zoned for this use. The area extends from near Trout
Avenue south to the lower reaches of the lagoon. it
includes all areas within the jurisdiction of the Federal
Government. This area is listed in the Volusia County
Future Land Use Plan'as including "public 'and private land
areas that have been acquired or reserved by mutual
agreement with the owner for the preservation and protection
of Volusia County's natural resources." There is no'density
assigned this zoning category in Volusia County and the
plans are not zoned by Brevard County.

B. USES OF THE PRESERVE

The uses of the Mosquito Lagoon Aquatic Preserve can be
divided into five general categories: private, commercial,
public utilities, and public recreation.

Private: Private uses iare reflected in the many docks
associated with single-family residences and one
condominium.

Commercial: There is one fish camp -located within the
preserve. Facilities include a boat ramp, a dock with space
for four boats, a fish cleaning bench over the water, a
restaurant, and a kayak concession. Mosquito Lagoon is
heavily used for various types of commercial fishing such
as crabbing, shellfish, and netting.

Public utilities: In providing utility services from the
mainland to the barrier island, there is one overhead cable
that crosses the preserve.

Public recreation: The lagoon has heavy seasonal use as a
recreational area both for general boating and recreational
fishing. Public access points consist of one boat ramp
1-ocated on the barrier island approximately three miles
south of the southern city limits of New Smyrna Beach and
another two ramps located within the Canaveral National
Seashore. The Atlantic Intracoastal Waterway (AIW) is
heavily used by-boats as a navigation route to access other
portions of the lagoon as well as in lets located north and
south of here.

Volusia County Zoning Map

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E.: C nvirorimental S7stem COrri'JOr
UL ITVL-alILow 'Intell3ity
:lH Urban @j;h lrLellsl@7

JOHN F. KENNEDY

SPACE

CENTER
Figure 7 41

C. PLANNED USE

With the exception of the multi-family area described above,
most of the developable shoreline is at or.close to build-out
and is not expected to change substantially by the year 2000.
The Local Government Comprehensive Plans - - (LGCP) deal
specifically with the projected upland use, but as this
region's population increases, there is going to be a
concomitant increase in the public and private usage of this
segment of the preserve.

The U.S. Census population figures for Brevard and Volusia
counties reflect an increase in total numbers from 1987 to
2010. Annual population estimates are produced by the Bureau
of Economic and Business Research (University of Florida) for
the state's counties and municipalities.

Total Resident Population

County 1987 2010

Brevard - -
Volusia 31,440 60,900

Percent Increase in Total Population

County 1987-2010

Brevard
Volusia 94%

These dramatic increases in population growth affect water
resources and wildlife habitat and, generally, increases the
potential for environmental degradation.

CHAPTER V

MANAGEMENT AREAS

A. INTRODUCTION

This chapter divides the Mosquito Lagoon Aquatic Preserve into
separate management areas where general or special rule
criteria and allowable uses are defined for each area. The
management areas are classified and delineated based on the
types and locations of existing and planned uses of the
adjacent uplands, as well as on the types, occurrence and
characteristics of the natural and 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 and special rule criteria
designed to preserve and protect resources and habitat, 2) to
identify the types of allowable uses on state-owned submerged
lands within the aquatic preserve, 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 lending 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 submerged lands within an aquatic
preserve must be managed with the intbnt of protecting them

for future generations. Consequently, any proposed.use must
be shown to be in the public interest before it can be
authorized, and an applicant must demonstrate that no other
reasonable alternative exists which would allow the proposed
activity to be constructed or undertaken outside the
boundaries-of the aquatic preserve.

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(s). 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 with. The intent of
these management area classifications is to make potential
development activities compatible with resource protection
goals.

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

single-Family (SF): This category represents state-owned
submerged lands adjacent to land designated on an approved
Future Land Use Map for a county and/or municipality as
single-family residential. It is intended to include areas
using the adjacent portion of the aquatic preserve solely
for private recreational activities.

Multi-Family (MF): This category -represents state-owned
submerged lands adjacent to land designated on an approved
Future Land Use Map for a county and/or municipality as
multi-family residential. It is intended to include areas
where more than one private residence are using the adjacent
portion of the aquatic preserve solely for private,

recreational activities. The associate d residences include
townhouses, trailer parks, condominiums, apartments, and any
other. group of multi-family dwellings. They may also
include a group of single-family property owners, as in the
case of a homeowners association, that desires to construct
any of the above-mentioned structures for the mutual benefit
of the group.

Preservation (P): This category represents state-owned
submerged lands adjacent to land designated on an approved
Future Land Use Map of a county and/or municipality as
preservation/conservation. Upland ownership can be either
public or private.

Each of the land use classifications listed above is assigned
an appropriate number to identify the resource value of the
adjacent submerged lands. The methodology used to determine
this resource value is outlined in the most recent version of
the Florida Department.of Natural Resources, "Methods Manual
for Field Inspections within Aquatic Preserves."

If an area within the preserve is identified as a Primary
Resource 'Protection Area (PRPA), then it will be assigned a
resource value of 11111. A PRPA essentially combines Resource
Protection Areas 1 and 21 as defined in Sections 18-
20.003(31), and 18-20.003(32), F.A.C. Resource attributes
which determine a PRPA include:

1. non-exot ic and non-evasive aquatic/wetland vegetation (e.g.,
marine and freshwater grasses, attached algae, mangroves,
marsh vegetation., cypress, and mixed hardwoods) that covers
more than 1% of the surveyed area;

2. harvested bivalves (hard clams and oysters) with a clam
frequency greater than 20% within the surveyed area or with
oyster bars with a total surface area density greater than
5 square meters;

3. unvegetated soft-bottom communities (e.g., infaunal
invertebrates) with a Shannon-Weaver Diversity Index greater
than 1.00;

4. hard-bottom communities (e.g., corals, worm reefs! rock
outcrops) that have a frequency greater than 5% within the
survey area;

5. species designated as endangered, threatened, or of special
concern (as contained in the latest update of the Florida
Game and Fresh.Water Fish Commission's and U.S. Fish and
Wildlife Service's lists) that use the area for habitat
(e g., feeding, mating, breeding, refuge, or nesting); and

6. nesting sites for solitary or colonial birds.

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 11211. A SRPA is a Resource Protection Area
3 as defined by Section 18-20.003(33), F.A.C.

As stated previously, resource values are to be incorporated
into the classification of management areas. For instance, if
a submerged area within the preserve is determined to have a
resource value of 1 and the adjacent uplands is zoned as
single-family residential (SF), then this management area
would be classified as SF11.

In the following section of this chapter, minimum criteria are
outlined for a number of uses and activities that can occur in
the preserve. These minimum criteria, provided by Chapter 18-
20, F.A.C., apply to the uses and activities designated for
each management area.

C. MINIMUM CRITERIA FOR ALLOWABLE USES

Chapter 18-20, F.A.C. (Appendix A) , provides the minimum
standards in regard to utilization of the state-owned
submerged lands within an aquatic preserve. The minimum
standards for each allowable use are detailed below:

All Dock Structures: Section 18-20.004(5)(a), F.A.C., states
that all docking facilities within an aquatic preserve shall
meet the following standards and criteria:
1. no dock- shall extend waterward of the mean or ordinary high
water line more than 500 feet or 20 % of the width of the
waterbody at that par@ticular location, whichever is less;

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

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

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

Furthermore, it will be the policy for all docking structures
to access a depth of -4 feet at mean low water (MLW).

Private Residential single Docks: Section 18-20.004(5)(b),
F.A.C., states that private residential single docks, as
defined by Section 18-20.003(23), F.A.C., shall conform to the
following specific design standards and criteria:

1. any main access pier shall be limited to a maximum width of
four feet;

2. must be designed and constructed to ensure maximum light
penetration;

3. can extend from the shoreline to a maximum depth of -4 feet
at (MLW);

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

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

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

7. dredging to obtain navigable water depths is strongly
discouraged.

Private Residential Multi-Slip Docks: Section 18-
20.004(5)(c), F.A.C., states that private residential multi-
slip docks, as defined by Section 18-20.003(24), F.A.C., shall
conform to the following design standards and criteria:

1. the area of sovereignty submerged land preempted by the
docking facility shall not exceed the square *footage
amounting to ten times the riparian waterfront footage of
the affected waterbody of the applicant, or the square
footage attendant to providing a single dock in accordance
with the criteria for private residential single docks,
whichever is greater. A conservation easement or other such.
restriction acceptable to the Board must be placed on the
riparian shoreline, used for the calculation of the 10:1
threshold, to conserve and protect shoreline resources and
subordinate/waive any further riparian rights of ingress and
egress for additional docking facilities;

2. docking facilities and access channels shall be prohibited
in Resource Protection Areas 1 and 2 (= PRPA) , except as
allowed pursuant to Section 258.42(3)(e)l, F.S., while
dredging in Resource Protection Area 3 (= SRPA) shall be
.strongly discouraged;

3. water depths adjacent to and within the proposed mooring
area shall have a minimum clearance of one- foot between the
deepest draft vessel and the submerged bottom at-MLW;

4. main access piers and connecting walks shall not exceed six
feet in width;

5. terminal platforms shall not exceed eight feet in width;

6. f inger piers shall not exceed t hree feet in width and 25
feet-in length;

7. pilings may be utilized. as required to provide adequate
mooring capabilities;

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

Commercial-Industrial Dockina Facilities and Marinas: Section.
18-20.004(5)(d), F.A.C., states that commercial, industrial,
and other revenue generating/income. related docking
facilities, as defined by Section 18-20.003 (10), F.A.C. , shall
conform to the following specific design criteria and
standards:

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

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

3. new docking facilities may obtain a lease only where the
local governments have an adopted marina plan and/or
policies dealing with the siting of commercial/ industrial
and private residential multi-slip docking facilities in
their local government comprehensive plan;

4. the siting of docking facilities shall take into account the
access of boat traffic to avoid marine seagrass beds or
other aquatic resources in the surrounding area;

5-the siting of new facilities within the preserve shall be
secondary to the expansion of existing facilities when such
expansion is consistent with other standards;

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

7. marina siting will be coordinated with local governments to
ensure consistency with local plans and ordinances.

8. ma rinas shall nbt be sited within state designated manatee
sanctuaries.

9. in any areas with known manatee concentrations, manatee
warning/notice and/or speed limit signs shall be erected at
the marina and/or ingress and,egress channels, according to
Florida Marine Patrol specifications.

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.

Sale, Lease, or Transfer of Lands: Section 18-20.004 (1)(b),
F.A.C., states that there shall be no further sale,, lease, or
transfer of sovereignty lands within an aquatic preserve
unless such transaction is in the public interest. Section
18-20.004(2), F.A.C., specifically defines the public interest
test (see Appendix A for a copy of Chapter 18-20, F.A.C.)-.
Section 18-20.004 (1) (e) , F.A.C., states that a lease,
easement, or consent of use may be authorized for only the
following activities: (1) a public navigation project; (2)
maintenance of an existing navigation channel; (3)
installation or maintenance of approved navigational aids; (4)
creation or maintenance of a commercial/ industrial dock, pier,
or marina; (5) creation or maintenance of private docks; (6)
minimum dredging of navigation channels attendant to docking
facilities; (7) creation or maintenance of shore protection
structures; (8) installation or maintenance of oil and gas
transportation facilities; (9) creation, maintenance,
replacement, or expansion of facilities required for the
provision of public utilities; and (10) other activities which
are a public necessity or which are necessary to enhance the
quality and quantity of the preserve and which are consistent
with the Florida Aquatic Preserves Act (Sections 258.35 -
258.46, F.S.). Section 18-20.004(l)(f), F.A.C., states that
structures to be built in, on, or over sovereignty lands are
limited to those necessary to conduct water-dependent
activities.

Utility Easements: Section 18-20.004 (3) (c) , F.A.C. , states
that utility cables, pipes, and other such structures shall be
constructed and-located in a man'ner that will cause minimal
disturbance to submerged resources (e.g., seagrass beds,
oyster bars) and do not interfere with traditional uses. It
will be the policy to place additional utilities into

designated corridors or existing easements within the Mosquito
Lagoon Aquatic Preserve if no other reasonable alternative
exists.

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

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

RamRs: Boat ramps will be reviewed on a case-by-case basis.
Determining factors to be reviewed include: - (1) the
elimination or alteration of natural resources or habitat
(e.g., seagrasses, shoreline vegetation, nesting areas), (2)
the amount. of dredging and/or filling of submerged lands, and
(3) accessibility to the ramp from water and land routes.

Additional criteria for the repair, replacement, and expansion
of existing structures are provided for in Chapter 18-21,
F.A.C. Replacement and expansion of structures must comply
with the minimum criteria provided for in Chapter 18-20,
F.A.C.

Criteria more restrictive than those listed in Chapter 18-20,
F.A.C. , will be used if the biological and physical conditions
of an area warrant it. As an example, docks may be limited in
size to protect seagrasses. Areas requiring more stringent
criteria will be referred to as special management areas and
such areas will be labeled with the additional letter "all.
Again, as an example, if management area SF/l requires more
restrictive criteria, then this special management area would
be classified as Sr/la.

D. MANAGEMENT AREAS

In this section, management areas have been delineated for the
Mosquito Lagoon Aquatic Preserve. Boundarie-s, descriptions,
and allowable uses are listed for each area, however, the

final determination of allowable uses will be made by the
Bureau or Submerged Lands and Preserve's staff on a case-by-
case basis. Figure 8 is a map of all management areas within
the preserve. The purpose of providing this map is to give
some general guidance and an understanding of where the
management areas lie within the preserve.

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

For the purposes of this plan, the following conditions will
apply: (1) the Atlantic Intracoastal Waterway (AIW) is exempt
from aquatic preserve rules and regulations, pursuant to
Section 258.42, F. S. , and functions only as a boundary between
management areas; and (2) certain activities are generally
permissible in all management areas. These activities include
shoreline stabilization, maintenance dredging, and maintenance
of channel markers.

The trimming, cutting or removal of live and/or dead mangroves
or other native wetland plant species within the aquatic
preserve, except when necessitated by the pursuit of legally
authorized projects, shall be prohibited in all the management
areas.

Some management areas may have a specific activity occurring
within that is not reflective of the overall upland use. As.
an example, an upland parcel consists of a fishcamp surrounded
by single-family homes. The fishcamp may have preceded
residential development and the aquatic preserve designation;
therefore, it would be unreasonable to remove the facility.
Conversely, marina expansion and new commercial-type
activities may not be allowed in this management area,because
of the presence of seagrasses (or other resources) and/or the
upland zoning restrictions. In such cases, the specific
activity will be recognized as a "non-conforming use".

f
rna
8eyach

..............
............

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......................

....................
........ S F/I MANAGEMENT AREA MAP
...........
.................... ....
................ .
..............
............
....... .. .........
. .......... ........
. ......... .. :::.:, -
.. ............... ...........

.............
.... ...................

. . .. .......... .4 ...... .

........... . ...

...........

. .... .....
MF/la

V. j

ATLANTIC OCEAN

V
S F/I
Okati V.".

Xl@

.1 . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . .
-s . . . . . . . . . . .-----
P/I
. . . . . . . . .. . . . ............
Figure 8
55

MANAGEN'ENT AREA P/1
(Preservation/primary Resource Protection Area)

Boundaries: All the submerged 'lands deeded over to the
federal government. This area covers all the land (submerged
and upland) under the jurisdiction of the Canaveral National
Seashore, the Merritt Island National Wildlife Refuge, NASA,
and the Kennedy Space Center.

Description: This area is characterized by large shallow open
water areas as well as areas inundated with tidal creeks. The
tidal islands are generally composed of a red mangrove fringe
with occasional Spartina marsh, and black mangrove interior
with various wetland plant species. The submerged bottom
varies from a bare sand/mud/muck to dense coverage of
seagrasses. Hard clams (Merceniara spp.) and oysters
(Crassostria virginica) are harvested both commercially and
recreationally.

Allowable uses: This deed "is for the express purpose of
inclusion in the Canaveral National Seashore to manage the
lands for wilderness/preservat ion purposes... In the event that
any development proposals are contemplated which may be
contrary to these objectives, concurrence of th& said Board of
Trustees- shall be required" (Board, 1986). Additionally,
arthropod control is an allowable use.

MANAGEMENT AREA SF11
(Single Family/Primary Resource Protection Area)

There ate two designated areas in this category.

(1)
Boundaries: On the barrier island from the northern boundary
of the federally-owned land north to .47 miles south of Bottle
Island Drive. Because of the,nature of the lagoon in this
area the Management Area extends west (waterward) until an
island (upland) is encountered.

Description: The upland in this management area is zoned for
single-family units. Non-conforming use features include an
area of commercial development consisting of a fishcamp with
a ramp, boat dock, and a restaurant. The submerged bottom is
generally comprised of beds of Cuban shoal grass (Halodule
wrightii), oyster bars, and attached algae. Water depths are
generally less than 2.5 feet. The shoreline is A mixture of
varying conditions (e.g., r@atural, rip rap, seawalls,
turfgrass).

Allowable uses: Private residential. single docks; piers;
ramps; uti lity easements

(2)
Boundaries: On the barrier Island f rom the southern city
limits of New Smyrna Beach south to Bottle Island Drive.
Because of the nature 'of the lagoon in this area the
Management Area extends west (waterward) until an island
(upland) is encountered.

Description: There is a man-made channel that runs parallel
to the shoreline along most of this area. Access to the main
part of the lagoon is via several man-made channels running
west and perpendicular to this shoreline channel. These
channels are generally 20 - 30 feet wide and 2 - 4 feet deep.

Allowable uses: Private residential single docks; piers;
ramps.

MANAGEMENT AREA MF/1a
(Multi-Family/Primary Resource Protection Area)
special management area

Boundaries: on the barrier island from Bottle Island Drive
south .47 miles.

Description: The uplands are removed from the open areas of
Mosquito Lagoon by mosquito impoundments, except for a small
embayment on the north end of this Management Area. This
embayment does not provide for boat/canoe access to the open
waters of the lagoon. The mosquito impoundments consist of.
red and black mangrove, Spartina, and various other wetland
vegetation. Water depths range from a few inches to less than
2 feet.

Allowable uses: Since the uplands have no access to the open
waters of the lagoon it is irrelevant to allow uses on or over
state-owned lands; therefore, no uses are allowed.

MANAGEMENT AREA P/1
(Preservation/Primary Resource Protection Area)

Boundaries: South of the southern city limits of the city of
New Smyrna Beach to the northern boarder of the federal-owned
land and east of the AIW to the westernmost boarders of the
SF/l and MF/la Management Areas.

Description: This area is characterized by numerous tidal
islands and tidal creeks. The wetlands consist of red and
back mangroves and various other wetland vegetation. The
*submerged bottom varies from a bare sand/mud/muck to dense
coverage of seagrasses and attached algae. Hard clams

(Merceniara spp.) and oysters (Crassostria virginida) are
harvested both commercially and recreationally. Large areas
serve as mosquito impoundments and are activity managed by the
East Volusia Mosquito Control District.

Allowable uses: Private residential single docks; piers;
arthropod control.

CHAPTER VI

SITE-SPECIFIC MANAGEMENT ISSUES

The fiFst part of this chapter deals with mAnagement issues
involving specific activities, as opposed to permitted
structures, that directly affect the biological integrity of
the Mosquito Lagoon Aquatic Preserve. The issues that are
specific to this area includel but are not limited to, the
protection of designated species and their habitat, and
dredging. Other issues may arise as future use intensifies,
and these will be identified as they develop.

The second part of the chapter establishes management
initiatives for these issues, providing additional management
direction not set forth by Chapter 258, F.S., Chapter 18-20,
F.A.C., or Chapter V of this plan. These management
initiatives are intended to be used as a tool by the
Department of Natural Resources in managing the preserve, and
in encouraging the local governments And/or other agencies to
provide the necessary restrictions for resloving those issues
and/or needs.

A. MANAGEMENT ISSUES AND SPECIAL NEEDS

1. PROTECTION OF DESIGNATED SPECIES

Species whose existence is threatened are currently
designated by four agencies: the Florida Game and Fresh
Water Fish Commission (GFWFC) , the Florida Department of
Agriculture and Consumer Services (DACS), the U.S. Fish and
Wildlife Service (FWS), and the Convention of Trade in
Endangered Species of Wild Fauna and Floras (CITES). Each
agency has its own focus, and the regulations regarding what
level of protection is given-to which species reflects this
orientation. For example, the GFWFC does not designate
plant specie s, whereas the DACS addresses plants only.

Designated species are afforded some protection by other
agencies as well. ..These measures do overlap and, thus,
reinforce each other. The DNR is actively involved in
protecting manatees and sea turtles, both of which are
designated by the GFWFC and the FWS. The Marine Fisheries
Commission (MFC) regulates the taking of certain salt water
species which includes snapper, seatrout, grouper, and
redfish. All of these species are present in this preserve.
Some of the protected species are detailed in the following:

Manatees: The most recognizable, and perhaps the best
known, of the designated animal species found in Mosquito

Lagoon is the West Indian manatee. According to Chapter
16N-22, F.A.C., DNR affords the manatee some level of
protection by imposing boat speed restrictions in certain
areas of the coastal waters of Florida.

There are two "Slow*Speed/No Wake Zones" in Mosquito Lagoon
proper: 1) the AIW adjacent to the city of Edgewater in
association with the municipal waterwater treatment
facility, a known manatee congregating area; and 2) the AIW
extending north from the city of Oak, Hill approximately 5
miles. All of Haulover Canal is also a "Slow No Wake Zone".
The zones in Edgewater and Haulover Canal were designated
for the protection of the manatee, while the zone in Oak
Hill was designated for the protection of the shoreline from
the wake of large vessels. None of these zones are within
the Mosquito Lagoon Aquatic Preserve.

Additional manatee protection will be forthcoming through
the state and local levels. On October 24, 1989, the
Governor and Cabinet approved a number of recommendations
from DNR designed to improve manatee protection and boating
safety. It is DNR's goal to coordinate with local
governments toward effectively implementing these
recommendations. one recommendation dealt with the
development of rules to implement speed zones in 13 counties
identified- as having significant manatee activity. Both
Volusia and Brevard counties are designated as "key" manatee
protection counties. The Department of Natural Resources
has requested that each of these "key" counties either
select one of DNR's speed zone options or develop 'their own
site-specific manatee protection speed zones. Both counties
have elected to develop their own manatee protection plans.
Volusia and Brevard counties have submitted their proposed
plans to DNR for review. If accepted, these plans will be
recommended for rulemaking; however, no additional speed
zone areas are proposed for the preserve.

2. DREDGING

Dredging is an activity that is briefly discussed in Chapter
V and is directly related to the increase in development
activity on the barrier island. Since the lagoon supports
tidal marshes, mangroves, and large beds of seagrass there
are few sites suitable for new dredging; however, it is
possible that the increase development activity in this area
will result in an increase in dredging applications in order
to obtain water deep enough'to accommodate boats.

B. MANAGEMENT INITIATIVES

This section of the plan contains a number of management
initiatives that address the issues -identified as being

particular to the "Mosquito Lagoon Aquatic Preserve. The major
management initiatives for these issues include:

1. Promote recognition of the fact that seagrasses provide
valuable habitat and a food source for manatees as well as
for other organisms essential to the.Jbiological integrity
of the lagoon. This biological integrity translates into
a significant economic fisheries value to this region.

2. Protect all biological resources and water quality by
prohibiting fueling facilities in the lagoon.

3. Promote the revegetation of shorelines by stipulating in
the permit review process that native wetland vegetation
be used for shoreline stabilization either alone or in
conjunction with riprap.

4. Reduce the impact of turbidity on seagrasses by
prohibiting new dredging for the sole purpose of
accommodating boats with drafts greater than the mooring
or access capabilities of a given site.

CHAPTER VII

MANAGEMENT ACTION PLAN

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

Before an effective program can be designed to manage and
protect natural resources, one must know what the resources
are, what their functions are, if these functions are
important to the maintenance of the system, and where these
resources are located. Additional efforts consist of
identifying those activities or parameters that affect these
resources, either positively or negatively. This information
will form the foundation from which action will be initiated
to manage and protect these resources. The management'
strategies for an aquatic preserve program must consist of a
variety of components such as resource management, resource
protection, research, and environmental education.

In general, the role of the program in management of the
aquatic preserve includes: (1) providing information on the
ecological functions and economic importance within the
lagoon, (2) overseeing those activities that affect the
natural resources within the lagoon, (3) ensuring that
accurate biological and physical information is considered in
permit-related issues and planning decisions, (4) ensuring
that all statutes and rules regarding the lagoon's, natural
resources are complied with and that violations are enforced
by the appropriate authorities, (5) conducting on-site surveys
for specific activities, (6) coordinating with other resource
management and enforcement agencies, (7) educating the public
on the inherent values associated with natural resources, (8)
conducting or cooperating with other entities to conduct
pertinent research projects, and (9) developing a
comprehensive management program that can be periodically
updated.

A. RESOURCE MANAGEMENT

-The overall goals of resource management within aquatic
preserves are: (1) conducting and maintaining resource
inventories, (2) assessing the impact of human activities on
the resources, (3) establishing habitat restoration programs,
@nd (4) cooperating with other agencies in water quality
improvement.

GOAL A.1: CONDUCT AND MAINTAIN RESOURCE INVENTORIES

Ob! ective A. 1. 1: To conduct and maintain a resource inventory
of submerged vegetation for this section of the lagoon.

Task A.1.1.1: Conduct an inventory of seagrasses and
attached algae by using LANDSAT imagery, aerial photography,
and groundtruthing -efforts. This inventory shall be
conducted o nce every four years.

Tasks A.1.1.2: The database generated from this inventory
will be used to create biological resource maps through the
use of pcARC/INFO.

Task A.1.1.3: Staff will coordinate this inventory effort
with NASA and/or Canaveral National Seashore.staff.

Objective A. 1.2: To conduct and maintain a resource inventory
of emergent vegetation for this section of the lagoon.

Task A. 1. 2. 1: Conduct an -inventory of mangroves, marsh
grassesl and other shoreline vegetation by using LANDSAT
imagery, aerial photography, and groundtruthing efforts.
This inventory shall be conducted once every four years.

Tasks A.1.2.2: The database generated from this inventory
will be used to create biological resource maps through the
use of pcARC/INFO.

Task A.1.1.3: Staff will coordinate this inventory effort
with NASA and/or Canaveral National Seashore staff.

Obiective A.1.3: To conduct an inventory of designated
species and their habitats for this section-of the lagoon.

Task A.1.3.1: Conduct an inventory of designated species
and their habitats by using data from existing literature
and, if any, current research studies. This inventory shall
be conducted once every two years.

Task A.1.3.2: Staff will coordinate this.inventory effort
with NASA and/or Canaveral National Seashore staff.

Oblective A.1.4: To conduct an inventory of wading birds and
their habitats for this section of the lagoon.

Task A.1.4.1: Conduct an inventory of coastal birds that
feed, roost, loaf, and nest throughout this section of the
lagoon by using existing literature and, if any, current
research studies.

Task A.1.4.2: This inventory shall be conducted once every
three years.

Task A.1.4.3: Staff will coordinate this inventory effort
with NASA and/or Canaveral National Seashore staff and the
Florida Game and Fresh Water Fish Commission.

GOAL A.2: ASSESS THE EFFECT OF HUMAN ACTIVITIES/ CUMULATIVE
IMPACTS

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

Task A.2.1.1: Conduct a survey of all dock/pier structures
to determine if there is a direct relationship between the
presence of structures and the elimination of natural
resources. This survey shall contain at a minimum:

a) the length of the structure waterward of the MHWL or
the OWL;
b) the size of the terminal platform, if applicable;
c) the height (elevation) of the structure above the MHWL
or the OWL;
d) the water depth at the structure's terminus;
6) the number of boats using the structure;
f) the functional condition of the structure;
g) and accessory facilities and ancillary uses associated
with the structure;
h) the structure's use category (e.g., single-family,
commercial); and
i) an inventory of the biological resources as outlined
in the Department of Natural Resources' IlMethods Manual
for Field Inspections within Aquatic Preserves."

Obiective A.2.2: To inventory and assess cumulative impacts
on the natu ral resources.

Task A. 2. 2. . 1: Conduct a survey of all docks/piers, dredged
areas, shoreline stabilization, and other applicable human
uses. This survey shall be conducted as follows:

a) the docks/piers inventory will be conducted in
accordance with Task A.2.1.1;
b) a survey of all dredged areas will be made and include
at a minimum:
1) the length, width, and depth of the dredged area;
2) depth profiles of the surrounding area;
3) traditional use of the area;
4) biological resources in the dredged and surrounding
area; and
5) review of information on pre-existing resource
conditions;
c) a survey of all shoreline stabilization projects will
be done and include at a minimum:
1) the total length of riparian shoreline,

2) the length of shoreline stabilization,
3) the technique and materials used in stabilizing the
shoreline, and
4) review of existing and pre-existing biological
resources.

GOAL A.3: HABITAT RESTORATION

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

Task A.3.1.1: All suitable shoreline ares will be
revegetated with mangrove and/or Spartina spp. plantings.

GOAL A.4: WATER QUALITY

Oblective A.4.1: To coordinate with the federal government,
DER, and the St. Johns River Water Management District
(SJRWMD) toward improving water quality in the lagoon.

Task A.4.1.1: Enter into a mutual agreement with the SJRWMD
in order to accomplish certain elements of the Indian River
Lagoon SWIM Plan.

Task A.4.1.2: Coordinate with DER on review of
projects/proposals that could effect water quality in the
lagoon.

Task A. 4. 1. 3: Coordinate with NASA and the Canaveral
National Seashore on review of projects/proposals that could
effect water quality in the lagoon.

Task A. 4. 1. 4: Coordinate with local mosquito control
districts to review arthropod control management plans
submitted in compliance with Section 388.4111, F.S.

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

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

Task A.5.1.1: Establish role as field representative for
.DNR Aquatic Preserves with local governments.

Task A. 5.1.2: Contact local planners to assist in the
development. of policies and ordinances that regulate
activities affecting state-owned submerged lands.

B. RESOURCE PROTECTION

In order to maintain the biological integrity of the aquatic
preserve, it is imperative to protect the resources that
comprise the system. Since it is not feasible to target all
of the organisms adequately, the primary thrust of the
resource protection element is the protection of the various
habitats that make upthe preserve. The goals of the aquatic
preserve program with regard to resource protection therefore
include: (1) protection of the existing submerged vegetation
(e.g., seagrass beds, attached algae) ; (2) protection of
emergent vegetation (e.g., mangroves, Spartina spp.); and.(3)
protection of habitat of.designated species.

GOAL B.l: PROTECTIO N OF SUBMERGED VEGETATION

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

Task B. 1. 1. 1: The field staff will develop a written
policy describing a scientifically based, standardized
method to inventory the *submerged biological resources at
the project site. At a minimum, this policy will contain
the following information:

a) The area to be surveyed will be described:
1) as a polygon, and
2) it will include a buffer zone surrounding' the
project of sufficient size so as to include a
majority of the potentially affected area.

b) How the survey is to be performed:
1) Two areas within the survey area will be assessed:
i. the submerged-bottom, including:
a description of all communities/habitats,
a description of the bottom type,
depth profiles,
tidal amplitude and stage (where
appropriate), and
a physical description of the surrounding
waterbody;

ii. the shoreline where appropriate), including:
a description of the vegetation,
a description of any existing structures,
notation of any nesting birds, and
notation of any designated species.

c) a definition of a Resource Protection Area. This
def,inition will be used to determine if significant
resources exist within the expected area of impact.
It will consider, but is not limited to:

1) seagrasses and algae,-
2) mangroves and marsh grass,
3) harvestable bivalves,
4) unvegetated soft-bottom communities,
5) hard-bottom communities,
6) designated species, and
7) nesting sites for solitary or colonial birds.

Task B.1.1.2: If at the time of adoption of this plan the
Department's "Xethods Manual for Field Inspections within
Aquatic Preserves$' has been adopted, it will be used to
assess resources within the preserve.

Task B.1.1.3: Coordinate with the appropriate regional DNR
planner in order to process the field staff comments in a
timely manner.

Task B.1.1.4: Coordinate when possible with other
appropriate agencies that have regulatory authority for
these projects.

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

Task B.1.2.1: Coordinate with the appropriate regional DNR
planner to receive copies of all letters of consent,
easements agreements, lease agreements, and other forms of
authorizations.

Task B.1.2.2: Report variations from the authorized
conditions to the appropriate DNR enforcement agent.

Task B.1.2.3: Coordinate when possible with other
appropriate agencies that have regulatory authority for
these projects.

Objective B.1.3: To ensure that structures and projects that
have been built or are occurring have been authorized.

Task B.1.3.1: Report activities that do not appear to have
been authorized to the appropriate DNR enforcement agent.

Task B.1.3.2: Coordinate, when possible with other
appropriate agencies that have regulatory authority for
these proJects.

Objective B. 1. 4: To ensure that human use of* the preserve
does not degrade the submerged vegetation through turbidity.

Task B .1.4.1: Require that all projects that are of a
dredge and fill nature use -current turbidity control
practices.

GOAL B.2: PROTECTION OF EMERGENT VEGETATION

Ob! ective B. 2. 1: To minimize potential -damage to emergent
vegetation through the review of all-applications for use of
state-owned land in the aquatic preserve.

Task B.2.1.1: The field staff will develop-a written policy
describing a scientifically based, standardized method-to
inventory the emergent vegetation below the MHWL or the OWL
at the project site and shall include at a minimum the
following:
a) describing the area to be surveyed:
1) as a polygon;
2) with a buffer zone surrounding the project of
sufficient size so as .to include a majority of the
affected area.
b) Detailing how the survey is to be performed including:
1) a description of the vegetation;
2) any existing structures;
3) any nesting birds; and
4) any designated species;

Task B.2.1.2: If at the time of adoption of this plan the
Department's "Methods Manual for Field Inspections within
Aquatic Preserves'l has been adopted it will be used to
assess resources within the preserve.

Task B.2.1.3: Coordinate with the appropriate regional DNR
planner in order to process the field staff comments in-a
timely manner.

Task B.2.1.4: Coordinate when possibl e with other
appropriate agencies that have regulatory authority for
these projects.

Obiective B.2.2@ To ensure that structures and projects that
have been authorized are in compliance with the authorized
conditions.

Task B.2.2.1: Coordinate with the appropriate regional DNR
planner to receive copies of all letters of consent,
easement agreements, and lease agreements.

Task B.2.2.2: Report variations from the authorized
conditions to the appropriate DNR enforcement agent.

Task B.2.2.3: Coordinate when possible with other
appropriate agencies that have regulatory authority for
these proj ects.

Objective B.2.3: To ensure that structures and projects that
have been built or are occurring have been authorized.

Task B.2.3.1: Report activities that do not appear to have
been authorized to the appropriate DNR enforcement agent.

Task B.2.3.2: Coordinate when possible with other
appropriate agencies that have regulatory authority f or
these projects.

GOAL B.3: PROTECT HABITAT OF DESIGNATED SPECIES

Obiective B.3.1: To comply with Objective C.2.1 through the
implementation of Tasks C.2.1.1 and C.2.1.2.

Objective B.3.2: To ensure that these habitats are given
maximum protection through the permit-review process.

Task B.3.2.1: Recommend modifications to proposed projects
in order to take into account known habitat of designated
species, whether that habitat is on the adjacent upland or
over state-owned submerged land.

C. RESEARCH

Effective management of any biological system relies almost
entirely on information as to how that system functions, and
research is the foundation upon which this information is
based. Estuarine/ lagoonal systems are imperfectly understood,
and it is essential that. some of the gaps in this
understanding be filled. The goals of the research program
within the - Bureau of Submerged Lands and Preserves are
therefore primarily toward 'applied research, rather than
toward basic, or theoretical, research.

The goals of the research program are (1) to gain a be tter
understanding of what factors are essential to the continued
biological integrity of the major habitats (beds of submerged
aquatic vegetation, mangrove fringes, marshes, oyster bars,
and tidal flats) within the aquatic preserve and (2) to gain
'a better understanding of what factors govern the continued
survival and propagation of designated species that use the
aquatic preserve for any portion o-f their life cycle.

GOAL C.1: INTEGRITY OF MAJOR HABITATS

Obiective C.1.1: To determine the primary factors that affect
the survival of seagrass and algal beds.

Task C.1.1.1: - Pursue, at the bureau level, funding to
conduct research on the life cycles of the seagrass and
algal species present in this preserve.-

Task C. 1. 1. 2: Pursue, at the bureau level, funding to
conduct research on the effects of dock/pier shading on the
various species of seagrass present in this preserve.

Obi ective C. 1. 2: To determine the primary f actors that af f ect
the survival of.mangrove species.

Task C.1.2.1: Promote and, whenever feasible,
participate in research on the life cycles of the
mangrove species present.

Task C.1.2.2: Pursue, at the bureau level, funding to
conduct research on the effects of mangrove trimming.

Obi ective C. 1. 3: To determine the primary f actors that af f ect
the survival of marsh species.

Task C.1.3.1: Pursue, at the bureau level, funding to
conduct research on the colonization rates of smooth
cordgrass (Spartina alterniflora) and mangroves.

Obj ective C. 1. 4: To determine the primary f actors that af f ect
the functioning of tidal flats.

Task C.1.4.1: Promote and, whenever feasible,
participate in compiling an inventory of the benthic
infauna present in tidal flats.

Task C.1.4.2: Promote and, whenever feasible,
participate in research on the changes in tidal flat
configurations.

Task C.1.4.3: Promote and, whenever feasible,
participate in research on the rates of colonization by
submerged and emergent vegetation on tidal flats.

Oblective C.1.5: To determine the primary factors that affect
the survival and functioning of oyster bars.

Task C.1.5.1: Promote and, whenever feasible, participate
in compiling an inventory of oyster density and populations,
and the benthic infauna present in the oyster bars.

Task C.1.5.2: Promote and, whenever feasible,.participate
in research on the changes in oyster density and
populations.

Task C.1.5.3: Promote and, whenever feasible, participate'
in water quality studies designed for the classification of
the shellfish growing waters.

GOAL C.2: SURVIVAL AND PROPAGATION OF DESIGNATED SPECIES

Obiective 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 agency/group to determine which
designated species use what portion of the aquatic
preserve for various aspects of their life cycle.

Task C.2.1.2: If additional information is necessary,
establish a system of seasonal monitoring sites to
determine this segment of the preserve's use by
designated species, particularly by birds.

Objective C.2.2: To determine the patterns and trends in
manatee use of the aquatic preserve.

Task C.2.2.1: Promote and, whenever feasible,
participate in research on the factors that affect the
continued survival of manatees.

Task C.2.2.2: Coordinate with and, if necessary, lend
assistance on a local level to the Division of Marine
Resources' manatee-related research program.

D. ENVIRONMENTAL EDUCATION

The integrity of the biological system within this segment of
the Indian River Lagoon can be affected, both directly and
indirectly, by the public's enjoyment of the preserve.
Without a biologically "healthy" lagoon, 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. This public is composed
of a number of segments: (1) elementary students; (2)
waterfront property owners; (3) user groups (e.g., developers
and marine contractors) ; (4) special interest groups (e.g.,
Audubon Society, boating clubs); and (5)'local, regional, and
.state government agencies that are involved in making
decisions regarding the lagoon.

The overall goal of the environmental education element is to
instruct individuals as to the importance of preserving our
natural-and cultural.resources so that they may consider all
issues prior to making decisions that affect these resources.
In general, the purpose of this element is to educate the
public and make them responsible users of the preserve. Two

DNR publications, Environmental Education in Florida: Needs
and Goals, and A Guide for Environmental Education, are
available references to aid in accoml@lishing this goal.,
GOAL D.l: PUBLIC EDUCATION TOWARD WISE RESOURCE USE

Obiective D.l: To provide information to existing
environmental education programs at public and private schools
and to coordinate with other local educational centers.

Task D.1.1: Notify the county School Boards of the aquatic
preserve's environmental education efforts and the
availability of its staff to assist or provide guidance for
their existing educational programs.

Task D.1.2: Coordinate with the Canaveral National Seashore
on their scheduled interpretive talks.

Obiective D.2: To establish and conduct educational programs
where such programs do not currently exist.

Task D.2.1: Notify the county School Boards of the field
staff Is intent to establish environmental education programs.
in their jurisdictional area.

Task D. 2. 2: Conduct off-site classroom instruction and
field trips in the lagoon.

Task D.2.3: Conduct or as 'sist in informal seminars,
classes, workshops for public discussion of current resource
management issues, resource utilization, and regulatory
activities. Public forums such as these should involve
private and public interests.

Obiective D.3:- To produce educational literature and
materials that inform the public of the lagoon's natural and
cultural resources and the importance of preserving and
protecting these resources.

Task D.3.1: Develop brochures, pamphlets, and/or booklets
that describes to the public: (1) the purpose of and
activities conducted at the local aquatic preserve office
and (2) general information of the preserve's ecosystem.

Task D.3.2: Submit newspaper articles or radio
announcements designed to educate the general public about
the ecological functions and economic importance o 'f the
natural resources within a preserve. This approach,may be
the vehicle with which to disseminate the findings of recent
research eff orts to the public.

Obiective DA: To provide informal workshops to instruct'
other environmental educators of the lagoon's natural
resources.

Task D.4.1: Schedule biannual instructional workshops
designed to teach other environmental educators.
Obiective D.'5: To establish an on-site environmental
education center.

Task D. 5. 1: Pursue, at the bureau level, the necessary
funds to construct an environmental learning center adjacent
to the preserve.

CHAPTER VIII'

MANAGEMENT COORDINATION NETWORK

This chapter presents a, general overview of the various
federal, state, regional, and local agencies that regulate or
hold any interest in the management or use of the Mosquito
Lagoon Aquatic Preserve. A reference matrix of these
regulatory programs and their jurisdictions is presented in-
Table 2. One function of the aquatic preserve program is to..
coordinate with these agencies to achieve common goals
relevant to aquatic preserve management.

A. FEDERAL AGENCIES

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

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

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

The U.S. Environmental Protection Acfency (EPAJ has
jurisdiction over surface waters in the state. Enforcement
authority was given under the Clean Water Act- of 1968 and

broaden under the 1977 revision. In general, the EPA is,
responsible for pollution control and abatement, including:
air, water, noise, solid waste, toxic waste, and radiation.
The agency reviews permits issued by the Department of
Environmental Regulation for the treatment, disposal, and
storage of hazardous wastes. Authority is divided between EPA
and USCG regarding the discharge of oil or hazardous
substances into surface water.

The U.S. Geological Survey (USGS) performs surveys and
research pertaining to topography and geology as 'well as
monitoring the mineral and water resources of the" Mosquito
Lagoon region.

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

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

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

B. STATE AGENCIES

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

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

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

The Department of Environmental Regulation (DER) has a broad
range of responsibilities and receives its authority from
State Law and some delegated from EPA. Generally, the DER
responsibilities include water management, water quality,
potable water, air quality, coastal management, wetland
protection, power plant siting, . and hazardous and solid
wastes.

These responsibilities are accomplished through the following
regulatory mechanisms: (1) establishment of state standards
designed to protect natural systems and prevent harmful
pollutants from entering these systems; (2) application of
these standards through the permitting of potential, sources
of pollution and monitoring discharges for compliance; and (3)
initiation of enforcement action for non-compliance with these
standards.

The DER's rules significant to the aquatic preserve management
program are Chapters 17-301, 17.-302, 17-4, and 17-312, F.A.C.
Authority for these rules is based in Chapter 403, F.S.
Chapter 17-301 and 17-302, F.A.C., addresses water quality
standards with the most stringent category being "Outstanding
Florida Waters" (OFW),. As an OFW, ambient conditions of the
waterbody become the water quality standards, not a*set of

prescribed values.. The Mosquito Lagoon Aquatic Preserve
became an OFW u pon its designation as an aquatic preserve in
1970. 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 the use of state-owned lands shall have prior
approval of the 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 Department of Health and Rehabilitative Services MRS) has
responsibilities to protect the public's health by overseeing
functions that involve water supply, on-site sewage disposal,
septic tank cleaning, and solid waste control. Authority for
these responsibilities are found in Chapters 154, 381, and
386, F.S., and in the 10D Series of F.A.C., known as the
"Sanitary Code. The local county health unit has
jurisdiction overseeing these responsibili ties.

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

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

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

Additionally, the DCA designates Areas of Critical State
Concern (ACSC) which is intended'to *protect the areas of the
state where development has endangered or may endanger
resources of regional or statewide significance. Under an
ACSC designation, the local governments are required to notify
the DCA of any application for a development permit. The
entire land development process will require the state's
supervision -until that local government modifies its land
development practices to conform to the ACSC requirements.

The" DCA also oversees the development of Local Government
Comprehensive Plans (LGCP) for both, counties and
municipalities, as required by the Local Government
Comprehensive Planning and Land Development Regulation Act,
Chapter 163, Part II, F.S. Subsection 163.3203(5), F.S.,
provides that DCA shall adopt rules for the review of local
government land development regulations. Within one year of
submission for review by DCA, local governments are required
to adopt land development regulations which are consistent
with their comprehensive plans, pursuant to Subsection
163.3167(2), F.S. The two elements within these plans that
bear most directly on the aquatic preserve program are the
Coastal Zone Management Element and the Conservation Element.

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

The Department of State (DOS), Division of Historical
Resources (DHR) has the responsibility granted under Chapter
2670, F.S., regarding the preservation and management of
Florida's archaeological and historical resources. This
responsibility includes those cultural resources located on
state-owned lands including aquatic preserves.

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

C. REGIONAL AGENCIES

At the regional level, the management coordination network
includes the St. Johns River Water Management, the East Coast
Regional Planning Council, and the Florida Inland Navigation
District. These organizations conduct activities that are on
a broader scale than those of local governments.

The St. Johns River Water Management District (SJRWMD) was
created by* Chapter 61-69, Laws of Florida, as a public

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

SJRWMD has jurisdiction over and administers the permitting
program for wAter use, well construction, stormwater
discharge, surface water management, groundwater withdrawalsf
water level control and provides control of exotic plants
(primarily hydrilla and water hyacinths) in cooperation with
the COE.

It is the intent of the Florida Legislature (Chapter 87-97,
Section 1-6, Laws of Florida) through the Surface Water
Improvement Management (SWIM) Act,., that the water management
districts "design and implement plans and programs, for the
improvement and management of surface water." Since the
Indian River Lagoon spans the SJRWMD and the South Florida
Water Management District (SFWMD), both Districts were
directed to develop a management plan which mandates
restoration and protection for this priority water body. The
Indian River Lagoon SWIM Plan was approved by the Governing
Board's of both Districts in September 1989. It should be
noted that the Mosquito Lagoon Aquatic Preserve is part of the.
larger Indian River Lagoon.

The East Coast Regional Planning Council (ECRPC) serves as a
regional planning body for county and municipal governments.
Its many functions include: (1) providing assistance to local
governments with planning expertise, (2) serving as the
regional 'representative for the DRI review process, (3)
serving as a regional clearinghouse for state and federal
projects and programs, (4) assisting local governments- in
securing grants,, (5) conveying information from the local
governments to the state and federal levels, and (6) preparing
and administering the Regional Comprehensive Policy Plan.

The Florida Inland Navicfation District (FINDI is a multi-
county district created by the Legislature to provide spoil
sites for maintenance of the Atlantic Intracoastal Waterway.
Presently, FIND holds spoil easements over 137 spoil islands
within the Indian River Lagoon.

D. LOCAL AGENCIES

The Mosquito Lagoon Aquatic Preserve spans two counties
(Brevard and Volusia) and two municipalities, all of which

have areas of jurisdiction within Mosquito Lagoon and zoning
regulations over the adjacent uplands. The municipalities
are: The city of Oak Hill and the city of New Smyrna Beach.
Appendix B lists those ordinances, both proposed and passed
by these local governments, that relate to the management and
protection of resources within the aquatic preserve.

TABLE 2: MANAGEMENT COORDINATION NETWORK.

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

00 STATE AGENCIES FEDERAL AGENCIES
4@-

DCA Florida Department of Community Affairs CG United States Coast Guard
DER Florida Department of Environmental Regulation COE United States Army Corps of Engineers
DNR Florida Department of Natural Resources EPA United States Environmental Protection Agency
GFC Florida Game and Freshwater Fish Commission FWS United States Fish and Wildlife Service
DOS Florida Department o 'f State NMF National Marine Fisheries
DOT :Florida Department of Transportation GS United States Geological Survey
FMP Florida Marine Patrol
FSG Florida Sea Grant
MFC Marine Fisheries Commission
DAC Florida Department of Consumer and Agricultural
Services
HRS Florida Department of Health and Rehabilitative
Services

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

Local Regional State Federal
LGI- JCUI- ILDI) NICD IC swc RPC VNID FIN DAC DCA DER DNR GFC IIRS DOS myr FMP PSG MFC CG COE EPA FWS Nmk GS
0 -0
Dredge and Fill Permitting 0 0 0
....... ........
INN i .......
...... ....
..... .... ..
Docks, Fishing Piers, Seawalls 0 0 0 0
....... ........
....... ........ ........
....... ...
... ........ ....
.... . .. .
. ... . ... ..
Marinas 0 0 0 0 0
........ ....... ....
. ........ ... .... ........ ....
Submerged Lands Management
....... ....... ......
... ... . .....
. ..... . .......

. .. . .. ........
Habitat Protection 0.0. 0 0 0 0 01 10 .. ........
. ....... .... ... .......
.... ........
Mangroves/Wetiands Protection 0 0 0 0 0 0,
Seagrass Protection 0 0 0 0 0
Habitat Restoration 0 0, 0 0 0
Mangroves/Wetlands Restoration 0 1*:,.:,.,.",.@@:@@:@l@@@@O@@@l:::::::...:::::::0010
. .. ........
Seagrass Restoration 0 0101

........ .... .
Resource Inven(ory 0 0 010 0 .... ..
. ... . ......
..........
....... ........
01
Nianalees/Porpolses 0 0
... . ........ ...... .... ....... ........ .
Endangered Species
0 0 0 0
... .. ..... . ..... ....
. ........ ....... ........ ....

.... ........ ..
0,
. ........ ....... .......
@S-Vtljfl s h/-A q *&It U Itu Va 1(, 1 irl!" ....... ....... .......
d:,
n
Public Aivare'ness/Educatio 0: *i
Research 0 0 0 0
.. ....... ...... ... .......
... .... ........ ....... ........ ....
00
... ....... ......
Fisheries Research 0 0 0
....... ....... ........ .... .. .......
Fisheries Management . . .......
Recreational Fishing
0 0 0
0 0
........ ....... ....... ........ . ......
Commercial Fishing Ol

..... . . . ........
. . ........
Wildlife Management 61 1
..........
. .. ....... ........
Mosquito Impoundments .. .....
. ........ .......
Ilistorical/Archeological Sites 0 0 0
.. ........
Water Quality 0 0
................
..... .. .... ..
Nonpoint Source Pollution 0 0 0

...... ......
Point Source Pollution 0
Oil/Chernical Spills
0 0
Drainage/Freshwater Control 0 0 0
........ ........ ........ ........
........ ..
.... ........
Finergency Response
....... .... - ...... ....
Upland Development
...... ........
.. ..... ... .. ....
Land Use Planning ........
. . ... ....... .
N aviga tion al/Boating 0 0 0
...... ....... .......
Recreational Areas 0
... ........
4

... . ...... . . .. ......
[Bridges and Roads

CHAPTER IX

STAFFING AND FISCAL NEEDS

This chapter addresses the staffing and fiscal needs required
to provide effective management and protection of the Mosquito
Lagoon Aquatic Preserve.

At the present time, management of this preserve is handled
out of the Melbourne field office, 90 miles to the south.
Since developmental pressures on the state-owned lands are
currently low, it is not necessary to allot additional staff
on this preserve; however, due to the distance involved, it
will be necessary to take into account additional travel
expenses (e.g., per diem, gas) in the budget for the Melbourne
field office.

CHAPTER X

RESOURCE AND PROGRESS MONITORING PROGRAM

To ensure that Phase I of the 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
Mosquito Lagoon Aquatic Preserve program. These monitoring
programs will consist of the following:

A. RESOURCE MONITORING

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

The Aquatic Preserve program first became involved with GIS
technology in 1987 while submitting a grant to the Florida
Inland Navigation District (FIND). The purpose of this grant
was to conduct a resource inventory of all of the spoil
islands within the Indian River Lagoon and, with this
information, create a management plan that would provide some
direction as to the utility of these islands by the general
public.

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 analyzed by
computer. The on-line access to -these natural -resource
databases will facilitate informed management decisions
concerning the use and protection of submerged lands and their
resources. Cooperation and file sharing are possible with
other agencies handling such data with identical and similar
systems.

B. PROGRESS MONITORING

For this phase -of the management plan to be effectively
implemented, it is necessary to monitor the accomplishments
and progress of the Mosquito Lagoon Aquatic Preserve program
on a regular basis. The purpose of this element is to detail
the program's accomplishments in its pursuit of the objectives
outlined in Chapter VIII. This information, to be submitted
in an annual report each fiscal year to the Bureau Chief, will
include an update of the biological resources' status within
the preserve as well as an identification of current human
activities. This report will detail the following:

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

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

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

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

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

3.. Any new goals and/or objectives will be reflected in an
update of Chapter VIII.

BIBLIOGRAPHY

Barnett, , B.S., R.T. Fernald, A. Goetzfried, and S.R. Lau.
1980. The fish and wildlife resources of the Charlotte
Harbor area. Office of Environmental Services, Florida Game
.and Fresh Water Fish Commission,.Vero Beach, Florida.

Benz, M.C., N.J. Eiseman, and E.E. Gallaher. 1979. Seasonal
occurrence and variation in standing crop of the drift algal
community in the Indian River, Florida. Botanica Marina
22:413-420.

Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida. 13 January 1986. Deed to the United
States of America. No. 26106.

Board of Trustees of the Internal Improvement Trust Fund of
the State of Florida. 13 January 1986. Dedication to the
United States of America. No. 26106-A.

Brevard County (1981) Brevard County Comprehensive Plan,
Conservation, Coastal Zone Protection 365 pages.
City -of Edgewater. 1989. Local Government Comprehensive
Plan, Draft.

Eiseman, N.J., and M.C. Benz. 1975. Marine algae of the
Indian River. I. Species of the algal drift community
collected from April 1974 to April 1975. Tech. Rep. 1,
Harbor Branch Foundation, Fort Pierce, Florida.

Gore, R.H., E.E. Gallaher, L.E. Scotto, and K.A. Wilson.
1981. Studies of decapod Crustacea from the Indian River
region of Florida: XI. Community composition, structure,
biomass, and species-areal relationships of -seagrass and
drift algae-associated macrocrustaceans. Estuarine, Coastal
and Shelf Science, 12:485-508.

Haddad, K., and B. Harris. 1985. Assessment and trends of
Florida's marine fisheries habitat: An integration of
aerial photography and thematic mapper imagery, In:
Proceedings of the Machine Processing of Remotely Sensed
Data Symposium, June 25-27, 1985, Purdue University.

Heald, E.J., and W.E. Odum. 1980. The contributions of
mangrove swamps to Florida estuaries. In: Proceedings of
the Gulf Caribbean Fish Institute, Vol. 22.

Kulczycki, G.R., R.W. Virnstein, and W.G. Nelson. 1981. The
relationship between fish abundance and algal biomass in a
seagrass-drift algae community. Estuarine, Coastal and
Shelf Science, 12:341-347.

Lewis, R.R., R.G. Gilmore, Jr., D.W. Crewz, and W.E. Odum.
1985. Mangrove habitat and fishery resources of Florida.
In: Proceedings of the Florida Fishery Habitat Symposium.
Florida Chapter of the American Fisheries Society,
Gainesville, Florida.

Nelson, W.G., R.W. Virnstein, and M.J. Kehl, A
comparison of the habitat value of the alga, Caulerpa
grolifera, with the seagrass, Halodule wricrhtii. Florida
Sea Grant Report, Gainesville, Florida.

NOAA. 1989. Tide Tables 1989, High and Low Water
Predictions, East Coast of North and South America including
Greenland.

Odum, H.T. 1974. Tropical marine meadows. In: Coastal
ecological systems of the United States. Vol. 1. Odum,
H.T., D.I. Copeland, and E. McMahan, eds. Conservation
Foundation, Washington, D.C.

Odum, W.E., C.C. McIvor, and T.J. Smith, 111. 1982. The
ecology of the mangroves of South Florida: A Community
Profile. FWS/OBS-81/24, U.S. Fish and Wildlife Service,
Office of Biological Services, Washington, D.C.

Poole, Brian. 1990. Personal observations during the years
1978 - 1986.

St. Johns River Water Management District (SJRWMD), and South
Florida Water Management District (SFWMD). November 1987.
Indian River Lagoon Joint Reconnaissance Report.

Savage, T. 1972. Florida mangroves as shoreline stabilizers.
Professional Paper No. 19, Florida Department of Natural
Resources, Tallahassee, Florida.

Trustees of the Internal Improvement Fund of the State of
Florida. 31 July 1962. Dedication to the Untied States of
America for Governmental Purposes by the Trustees of the
internal Improvement Fund of the State of Florida. No.
23151.

Trustees of the Internal Improvement Fund of the State of
Florida. 8 March 1967. Dedication to the United States of
America for Governmental Purposes by the Trustees of the
Internal Improvement Fund of the State of Florida. No.
23151 (Modification).

Trustees of the Internal Improvement Fund of the State of
Florida. 2 March 1965. Dedication to the United States of
America for Governmental Purposes by the Trustees of the
Internal Improvement Fund of the State of Florida. No.
23151-A.

Trustees of the Internal Improvement Fund of the State of
Florida. 24 March 1969. Dedication to the United States
of America for Governmental Purposes by the Trustees of the
Internal Improvement Fund of the State of Florida. No.
23151 and 23151-A (Modification).

Virnstein, R.W., and R.K. Howard. 1987. The mobile epifauna
of marine macrophytes in the Indian River Lagoon, Florida.
II. Comparisons between drift algae and three species of
seagrasses. Bull.Mar.Sci. 41(l):13-26.

White, William A. (1970) The Geomorphology of the Florida
Peninsula, Florida Bureau of Geology Geological Bulletin No.
51 164 pages.

Wood, E.J.F., W.E. Odum, and J.C. Zieman. 1969. Influence of
seagrasses on the productivity of coastal lagoons. Mem.
Simp. Inter. Lagunas Consteras, UNAM-UNESCO. .

Zieman, J.C. 1982. The ecology of the seagrasses of South
Florida: A Community Profile. FWS/OBS-82/25, U.S. Fish and
Wildlife Service, Office of Biological Services, Washington,
D.C.

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 in aid in carrying out the intent of the
18-20.001 Intent. Legislature in crating 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
19-20.003 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
scientific values of the preserves, including but not
Interests in Lands, or Materials, limited to the modification of existing manmade
Held by the Board. (Repealed) conditions toward their natural condition, and
19-20.006 Cumulative Impacts. discourage activities which would degrade the
18-20.007 Protection of Riparian Rights. aesthetic, biological, or scientific values, or the
(Repealed)
18-20.008 Inclusion of Lands, Title to Which quality, or utility of a preserve, when reviewing
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
19-20.009 Establishment or Expansion of life forms and habitats. including but not limited to:
Aquatic Preserves. I
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
19-20.012 Protection or Indigenous Life marshes, mud flats, estuarine. aquatic, and marine
reptiles, game and non-gamc fish species. estuarine,
Forms.
18-20.013 Development of Resource aquatic and marine invertebrate 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
enhance the biological, aesthetic, or scientific values
18-20.016 Coordination with Other of the preserves
G�vernmental Agencies. (h) To maintain those beneficial hydrologic and
18-20.017 Lake-Jackson Aquatic Preserve. biologic functions, the benefits of which accrue to
Library References Riprarian rights on navigable waters, 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 lntent. eliminate or alter the requirements or authority or
(1) All sovereignty lands within 2 preserve shall other governmental agencies, including counties
be managed primarily for the maintenance or and municipalities, to protect or enhance the
essentially natural conditions, the propagation or 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(1) F.S. Law
(2) The aquatic preserves which are described in lmplemented 258.35. 258.36. 258.37.258.38.258.393 FS.
Chapter 8O-280 Laws of Florida. History-New 2.23-81.
73-534, Laws or Florida, Sections 258.39, 258.391, Ammended 8-7-85, Formeriy 16Q-20.01, Transferred from
258.392 and 258.393, Florida Statutes, future 16Q-20.001.
aquatic preserves established pursuant to general or
special acts of the legislature, and in Rule 18-20.002 Boundaries and Scope of the
18-20.OO2, Florida Administrative Code, were Preserves.
established for the purpose or being preserved in an (1) These rules shall only apply in 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 Me board, and those other lands for which
endure for the enjoyment or future generations. the board has an appropriate instrument in writing,
(3) The preserves shall be administered and executed by the owner, authorizinz the inclusion of
managed in accordance with the following goals: specific lands in an aquatic preseve pursuant to
(a) To preserve, protect, and enhance these section.2(2) of Chapter 73-534, Laws of Florida,
exceptional areas of sovereignty submerged lands by Sections 258.40(1) and 258.41 (5), Florida Statutes,
reasonable regulation of human activity within the future aquatic preserves established through
preserves through the development and general or special acts of the legislature, and
implementation or a comprehensive management pursuant to Rule 18-20.008. Florida
program; Administrative Code. Any publily owned and
(b) To protect and enhance the waters or the maintained navigation channel authorized by the
preserves so that the public may continue to enjoy United States Congress, or other public works
the traditional recreational uses of those waters such projet authorized by the United States Congress,
as swimming, boating, and fishing; designed to improve or maintain commerce and
navigation shall be deemed to be excluded from the

(R. 3/87)
18-20.002
INTERNAL IMPROVEMENT TRUST FUND V. 9. P. 697-2p

provisions of this chapter, pursuant in Subsection 181. pages 363-366 and in the Official Records of
258.40(2). Florida Statutes. Furthermore. all lands Flagier County in Book 33. pages 131-134.
lost by avulsion or by artificially induced erosion 4. Tomoka Marsh Aquatic Preserve. as
shall be deemed excluded from the provisions of this described in the Official Records of Flagler County
chapter pursuant to Subsection 258.40(3), Florida in Book 33, pates 135-138, and in the Official
statues. Records of volusia County in Book 1244, pages
(2) These rules do not apply to Boca Coma Say. 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 0fficial 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 or 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 0fficial 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 acts, 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 a. Indian River - Malabar 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 368, pages 5-8.
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(c) and (f) apply generally to 211 9. Indian River - Vern 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 or a management plan for a 9-12, and in the 0fficial 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 0fficial Records of St.
(6) For the purpose of clarification and Lucie County in Book 218, pages 2865-2869.
interpretation, the legal description set forth as 11. North Fork. St. Lucie Aquatic Preserve, as
follows do not include any land which is exppressly 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
preexisting recorded mean high water line Records Of SL 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 0fficial
executed subsequent to the passage of the. Florida Records of Martin County in Book 320, pages
Coastal Mapping Act, the determination of the 193-196, and in the Official Records or Palm Beach
mean high water line shall be in accordance with the County in Volume 1860, pages 806-809.
provisions of such act. 13. Biscayne Bay - Cape Florida to Monroe
(7) Persons interested in obtaining details or County Line Aquatic Preserve, as described in the
particular preserves should contact the Bureau of Official Records or Dade County in Book 7055,
State Lands Management.. Department or Natural pages 852-856, less, however. those lands and
Resources, 3900 Commonwealth Blvd., waters as described in Section 258.165, F.S..
Tallahassee, FL 32303 (telephone 904-489-2197). (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.
Fort Clinch State Park Aquatic Preserve, as
described in the Official Records of Nassau County 14. Liqenumvitae Key Aquatic Preserve, as
in Book 108, pages 343-346, and in Book 111, page described in the Official Records of Monroe County
409. in Book 502, pages 139-142.
2. Nassau River - SL Johns River Marshes 15. Coupon Bight Aquatic Preserve, as
Aquatic Preserve, as described in the Official described in the Official Records
Records or Duval County in Volume 3183. pages in Book 502, paqes 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 Or Collier County in Book 381, pages
in the 0fficial Records of St. Johns County in Book 298-301.

V. 9, p. 692-2Q FLORIDA AQUATIC PRESERVES 18-20.003

17. Rookery 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
I8. Esiero 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. Mailacha Pass Aquatic Preserve, as Specific Authority 12O.53, 258.43(1) F.5. Low
described in the Official Records of Lee County in Implement 258.39, 258.391,258.392, 258.393, 25B.4,
Book 800, pages 725-728. 258.41, 258.42 258.43. 258.44. 258.45 F.S. Hissory
21. Gasparilla Sound - Charlotte Harbor New 2-Z3-81, Ammended 8-7-85, Formerly 16Q-20.02.
Aquatic Preserve, as described in Section 258.392, Transferred from 16Q-20.OO2.
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(Section 258.35
24. St. Martins Marsh Aquatic Preserve, as through 258.46, F.S., the Florida Aquatic Preserve
.described in the Official Records of Citrus County Act.
,in Book 276, pages 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 0fficial Records of Franklin approval for the use, sale, lease or transfer of
County in Volume 98, pages 82-85. interest in sovereiqnty lands or materials, or which
26. Apalachicola Bay Aquatic Preserve, as may require a license from the Department of
described in the Official Records or Gulf County in Environmental Regulation.
Book 46, pages 77-81 and in the Official Records or (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 or Gulf County in maintenance thereof.
Book 46, pages 73-76. (4) "Applicant" means any person making
28. St. Andrews State Park Aquatic Preserve application for a permit., license, conveyance of an
described in the Official Records or 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 0fficial Records or Okaioosa (5) -Beneficial biological functions- means
County in Book 593, pages 742-745. interactions between fiora, fauna and physical or
30. Yellow River Marsh Aquatic Preserve, as chemical auributes of the environment, which
described in the 0fficial Records of Santa Rau 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 0fficial Records or Santa Rosa conversion to biomass; nutrient recycling and
County in Book 220, pages 60-63, in the Official oxygeneration.
Records or Escambla 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 Wands National geological or geographical attributes of the
Seashore prior to the enactment or the act, until such environment., which provide benefits that accrue to
Lime 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 retardation: 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, salt -water marshes, fresh water marshes, mud nats,
Township I North. Range 1 West and Sections 11, marine, estuarine, and aquatic reptiles, games and
12, 13, 14, 15, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34, non-games fish species, marine, estuarine, and
and 35, Township 2 North, Range I West lying aquatic mammals, marine, estuarine, and aquatic
below the ordinary high water line. Such lands shall invertebrates, birds and shellfish.
include the submerged bottom lands and the water (S) "Board" means the Governor and Cabinet
column upon such lands, as well as all publicly sitting as the Board of Trustees or the Internal
owned islands, within the boundaries or the Improvement Trust Fund.
preserve. Any privately held upland within the (9) "Channel" means a trench, the bottom or
boundaries or the preserve shall be deemed to be which is normally covered entirely by water, with
excluded therefrom; provided that the Board may the upper edges of its sides normally below water.

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

(10) -Commercial. industrial and other revenue (22) "Preseve" means any and all of these 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. or which serves Section 258.39, 258.391. and 258.392. F.S.
as an accessory facility to other rental, commercial including all sovereignty lands, title to which is
or industrial operations. It shall include. but not he 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 io be maintained in an essentially natural or
1) "Department" means the State of Florida existing condition of Indigenous flora and fauna and
Department of Natural Resources, as administrator their supporting habitat and the natural scenic
for the board. qualities and amenities thereof.
(12) "Division" meant the Division of State (23) "Private residential single dock" means a
Lands, which performs all staff duties and functions dock which is used for private, recreational or
related to the administration or 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.OOZ, F.S. is designed to moor no more than two boats.
(13) "Dock" means a fixed or floating structure. (24) "Private residential multi-slip dock" means
including moorings. used for the purpose of a docking facility which is used for private,
berthing buoyant vessels either temporarily fir. recreational or leisure purposes for mult-unit
indefinitely. residential dwellings which shall include but is not
(14) "Essentially natural condition means limited tip condominiums, townhouse, subdivisions
those functions which support the continued and other 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 III Yacht clubs associated with residential
the extent they existed prior to the significant developments, whose memberships or utilization of
development adjacent to and within the preserve. the docking facility requires some real property
(15) "Extreme hardship" means a significant interest in the residential area, shall also be
burden, unique to the applicant and not shared by included.
property owners in the area Self-imposed (25) "Public interest" means demonstrable
circumstances caused to any degree by actions of any environmental, social, and economic benefits which
person subsequent to the enactment or the Act shall would accrue III 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 demonstrable environmental, social, and economic
include any hardship which arises in whole or in exists of the proposed action. In determining the
part from the effects or other federal, state or local public interest in a request for use, sale, lease, or
laws, ordinances, rules or regulations. The term transfer or interest in sovereignty lands or severance
may be inherent in public projects which are shown of materials from sovereignty lands. the board shall
to be a public necessity. consider the ultimate project, and purpose to be
(16) "Fill" means materials from any source, served by said use, sale, lease, or transfer of lands or
deposited by any means onto. sovereignty lands, materials.
either for the purpose of creating new uplands or for (26) .-Public navigation project" means a project
any other purpose, including sportfishing 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 or interest in (27) "Public necessity" means the works or
Lands, title to which is invested 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
(18) "Marina" means a small craft harbor Act and these rules, for which no other reasonable
complex used primarily for recreation. alternative exists.
(19) "Oil" and gas transportation facilities" (28) "Public utilities" means those services,
means those structures necessary for the movement provided by persons regulated by the Public Service
of oil and gas from the production Site to the Commission, or which are provided by rural
consumer. cooperatives, municipalities, or other governmental
(20) "Person" means individuals. minors, agencies, including electricity, telephone, public
partnerships, corporations, joint ventures, estates, water anti wastewater services, and structures
trusts, syndicates, fiduciaries, and all other necessary for the provision or these Services.
associations and combinations, whether public or (29) "Quality or 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 for present and future enjoyment
sovereignty lands, which is used by the public (if it In an essentially natural condition.
primarily for fishing. swimming, or viewing the (30) "Resource management agreement" means
preserve. A pier shall not include a dock. a contractual agreement between the boards, and one

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

or more parties which does not create an interest water and where the use of the water or sovereignty
real property but merely authorizes conduct or lands is an integral pan of the activity.
certain management activities on lands held by the Specific Authority 258.43(1) F.S. Law Implemented
board. 258.37. 258.43(1) F.S. History-New 2-25.81. Amended
(31) "Resource Protection Area (RPA) I" - 8-7-85. Formerly 16q-20.03. Transferred 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
archeological and historical sties; 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 to approve,
(32) "Resource Protection Area " - Areas requests for activities fin sovereignty lands* in
within the aquatic Preserves which are In transition aquatic Preserves.
with either declining resource protection area 1 (1) GENERAL PROPRIETARY
resources for new pioneering resources within (a) In determining whether to approve 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) Them shall be no further sale, lease,or
as recognized by the courts of this state and common transfer of sovereignty lands except when such such sale,
law. lease or transfer is in the public interest (see Section
(35) "Sale" means a conveyance of interest in 18-20.004(2) Public Interest Assessment Criteria).
lands by the board for consideration. (c) There shall be no construction of seawalls
(36) .Scientific values" means the preservation waterward of the mean or ordinary high water line.
and promotion of certain qualities or features which or filling waterward of the mean or ordinary high
have scientific significance. water line except in the case of public road and
(37) "Shore protection structure" means a type bridge projects where no reasonable alternative
of coastal construction designed to minimize the rate exists.
or erosion. Coastal construction includes any work (d) There shall, in no case, he any dredging
or activity which is likely to have a material physical waterward of the mean or ordinary high water line
effect on existing coastal conditions or natural shore for the sole or primary purpose of providing fill for
Processes. any area Landward of the mean or ordinary high
(38) -Sovereignty lands" means those lands water line.
including, but not limited to tidal Lands, islands, (c) A lease easement or consent of use may be
sandbars, shallow banks, and lands waterward or authorized only for the following activities:
the ordinary or mean highwater line, to which the 1. a public navigation project;
State of Florida acquired title on March 3. 1845, by 2. maintenance of an existing navigational
divested its title interest. For the purposes or this channel;
3. installation or maintenance of approved
ruic 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 or the board by 7. creation or maintenance of a shore protection
which any interest in lands, including eassements structure;
other than sale or least, is conveyed. 8. installation or maintenance of oil and gas
(41) "Utility of the preserve" means fitness or transportation facilities;
the preserve for the present and future enjoyment or 9. creation, maintenance, replacement or
its biological aesthetic and scientific values, in an expansion of facilities required for the provision (if
essentially natural condition. public Utilities; and
(42) "Water dependent activity" means an 10. other activities which are a public necessity
activity which can only be conducted on, in, over, or or which are neccessary to enhance the quality or
adjacent to, water areas because the activity utility of the preserve and which are consistent 'with
requires direct access to the water body or the act and this chapter.
sovereignty lands for transportation, recreation, (r) For activities listed in paragraphs
energy production or transmission, or source of 18-20.004(1)(e)l.-l0. above, the activity shall be

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

designed so that the structure or structures to be 2. provide boating and marina services (repair.
built in, on or Over sovereignty lands are limited to pumpout, etc.);
structures necessary to conduct water dependent 3 improve and enhance public health. safety,
activities. welfare, and law enforcement;
(g) For activities listed in paragraphs 4. improved public land management;
18-20.004(1)(e)7., 8., 9. and 10. above it must be 5. improve and enhance public navigation;
demonstrated that no other reasonable alternative 6. improve and enhance water quality;
exists which would allow the proposed activity 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 Or 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 acecss shall be incorporated into the congestion;
preempted area of any required lease nr be subject it) 6. reduced /degraded aesthetics, and
the payment of. a negotiated private casement fee. 7. adverse cumulative impacts.
(j) Private residential multi-slip docking (d) EXAMPLES OF SPECIFIC BENEFITS:
facilities shall require a lease. 1. donation- Or land, conservation casements,
(k) Aquaculture and beach renourishment restrictive covenants or other title interests in or
activities which comply with the standards of this contiguous it) 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 or management activities;
compatibility with the purposes or Chapter 258. 3. providing public access easements and/or
Florida Statuess, and this rule chapter. facilities, such as beach access, boat ramps, etc.;
(1) Other uses of the preserve. or human activity 4. restoration/enhancement or 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 formal finding of compatibility stabilization or re-establishmenm of shoreline or
with the purposes or Chapter 258, Florida Statues, 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
costs 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 of shallow water habitats.
request, specific consideration and weight shall be (3) RESOURCE MANAGEMENT
given to the quality and nature of the specific (a) All proposed activities in aquatic preserves
aquatic preserve. Projects in the less developed, having management plans adopted by the Board
more pristine aquatic preserves such as must demonstrate that such activities are consistent
Apalachicola Bay shall be subject to a higher with the management plan.
standard than the more developed urban aquatic (b) No drilling or 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
submerged land resources such as oyster bars and
interest. submerged grass beds and do not interfere with
(b) BENEFIT CATEGORIES: traditional public uses.
1. public access (public boat ramps, boatslips, (d) Spoil disposal within the preserves shall be
etc); strongly discouraged and may be approved only

100

(R. 9/88)
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 grass beds and do not interfere with 4. when the water depth is minus four 4) feet
traditional public uses. (mean low water) at an existing bulkhead the
(d) Spoil disposal within the preserves shall be maximum dock 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 neccessary, shall be
may be beneficial so, or at a minimum. not harmful designed to allow for maximum water circulation
to the quality and utility of the Preserve-. and shall be built in such a manner as to be part of
(4) RIPARIAN RIGHTS the dock structure;
(a) None of the provisions or this rule shall be 6. terminal platform size shall be no more than
implemented in a manner that would unreasonably 160 square feet; and
infringe upon the traditional, common law and 7. dredging in obtain navigable water depths in
statutory riparian rights or upland riparian conjunction with private residential, single dock
property owners adjacent it, sovereignty lands. applications is strongly discouraged.
(b) The evaluation and determination of the (c) Private residential multi-slip docks shall
reasonable riparian rights or ingress and egress for conform in the following specific design standards
private, residential multi-slip docks shall be based and criteria:
upon the number or linear feet of riparian shoreline. 1. the area of 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 of 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(l)(b), Florida Administrative attendant to providing a single dock in accordance
Code. However, the applicants for such docking with the criteria for private residential single docks,
facilities must apply for such consent and must meet whichever is greater. A conservation casement or
all of the requirements and standards of this rule other such use restriction acceptable to the Board
chapter. must be placed on the riparian shoreline, used for
(5) STANDARDS AND CRITERIA FOR the calculation of the 10:1 threshold, to conserve and
DOCKING FACILITIES protect shoreline resources and subordinate/waive
(a) All docking facilities, whether for a single or any further riparian rights 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 I Or 2,
or ordinary high water line more than 500 feet or 20 except as allowed pursuant to Section
percent or the width of the waterbody at that 258.42(3)(e)l. Florida Statutes, while dredging in
particular location whichever is less; Resource Protection Area 3 shall be strongly
2. certain docks may fall within arras or 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 or-der to insure that a minimum
modifications shall be determined on a case-by-case of one foot clearance is provided between the deepest
analysis. and may Include, but shall not be limited to draft or a vessel and the bottom at mean low water;
changes in location, configuration, length, width A. main access docks and connecting or cross
and height; walks shall not exceed six (6) feet in width;
3. the number, lengths, drafts and types or 5. terminal platforms shall not exceed eight (8)
vessels allowed to utilize the proposed facility may feet in width;
also be stipulated; and 6. Finger piers shall not exceed three (3) feet in
A. 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 or 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;

101

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

2. docking facilities and access channels shall be Cockroach bay April 21, 1987
prohibited in Resource Protection Area I or 2. Estero Bay September 6, 1983
except as allowed pursuant to Sections Charlotte Harbor
258.42(3)(c)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, Matischa
Resource Protection Area I or 2; however. main Pass and Pint Island
access docks may be allowed in pass through Sound) May 18, 1993
Resource Protection Area I or 2, that are located Indian River.Malabar
along the shoreline. to reach an acceptable Resource to vera beach January 21, 1986
Protection Area 3, provided that such crossing will Indian River Lagoon
generate minimal environmental impact; (Vero Beach to Fort
A. beginning July 1, 1986 new docking facilities Pierre 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 arc-as; 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 a( 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-, SL Martins Marsh September 9, 1987
7. the location of new facilities and expansion or Terra Ccia April 21, 1987
existing facilities shall consider the use of upland Wekiva River August 25, 1987
dry storage as an alternative to multiple wet-slip Specific Authority 258.43(1) FS Law Implemented
docking; 258.41, 258.42, 258.43(1), 258.44 FS. History-New
8. marina siting will be coordinated with local 2-25-81. Amended 8-7-85, Formerly 16Q-20.004,
governments to insure consistency with all local Transferred from 16Q-20.004, Amended 9-4-88.
plans and ordinances; 18-20.005 Uses, Sales, Leases, or Transfer of
9. marinas shall not be sited within state Interests in Lands or Materials, Held by the
designated manatee sanctuaries; and Board.
10. in any areas with known manatee Specific Authority 258.43(1) FS. Law Implemented
concentrations, manatee warning/notice and/or 253.O2. 253.12. 258.42 FS. History-New 2-25-81.
speed limit signs shall be erected at the marina Repealed 8-7-85, Formerly 16Q-20.05, Transferred from
and/or ingress and egress channels, according to 16Q-20.005.
Florida, Marine Patrol specifications. 18-20.006 Cumulative Impact.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 recognized 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 resonable riparian ingress cumulative effect of numerous such changes often
and egress. results in major impairments to the resources of the
(6) MANAGEMENT AGREEMENTS preserve. Therefore, the department shall evaluate
The board may enter into management a particular site for which the activity is proposed
agreements with local agencies for the with the recognition that the activity may in Iy, in
administration and enforcement of standards and
conjunction with other activities adversely affect the
criteria for private residential single docks.
(7) In addition to the policies, standards and preserve which is part of a complete and interrelated
system. The impact of a proposed activity shall be
criteria delineated in subsections (1) through (6), Considered in light or its cumulative impact on the
the provisions of the following management plans
preserves natural system. The department shall
apply to specific aquatic preserves and art include as a part of its evaluation of an activity:
incorporated herein by reference. Where regulatory
(1) The number and extent or similar human
criteria in 18-20, F. A. C., may differ with specific
actions within the preserve which have previously
policies in the management plans listed herein, the affected or are likely to affect the preserve, whether
general rule criteria shall prevail. considered by the department under its current
Date Adopted authority or which existed prior to or since the
Alligator Harbor September 23, 1986 enactment of the Act; and
Banana River September 17, 1985 (2) The simiilar activities within the preserve

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V. 9, p. 692-2W FLORIDA AQUQUATIC PRESERVES 18-20.012

which arc currently under consideration by the aquatic preserve system, subject to confirmation by
department; and the legislature.
(3) Direct and indirect effects upon the preserve (2) The board may, after public notice and
and adjacent preserves, if applicable. which may public hearing in the county or counties in which the
reasonably be expected to result from the activity; proposed expanded or new preserve is to be located.
and adopt a resolution formally setting aside such areas
(4) The extent to which the activity is consistent it) be included in the system.
with management plans for the preserve. when (3) The resolution &citing aside an aquatic
developed; and preserve area shall include:
(5) The extent in which the activity is (a) A legal description of the area to be included.
permissible within the preserve in accordance with A map depicting the legal description shall also be
comprehensive plans adopted by affected local attached.
governments, pursuant to section 163.3161. F.S., (b) The designation of the type or aquatic
and other applicable plans adopted by local, state. preserve.
and federal governmental agencies; (c) A general statement or what is sought in be
(6) The extent to which the loss of beneficial preserved. I
hydrologic and biologic functions would adversely (d) A statement that the area established as a
impact the quality or utility of the preserve; and preserve shall be subject to the management criteria
(7) The extent to which mitigation measures and directives of this chapter.
mail compensate for adverse impacts. (e) A directive to develop a natural resource
Specific Authority 258.43(1) FS. Law Implemented inventory and a management plan for the area being
258.36. 258.43. 258.44 FS. History-New established as an aquatic preserve.
Formerly 16Q-20.06. Transferred from 16Q-20.006 (4) Within 30 days or the designation and
18-20.007 Protection of Riparian Rights. establishment of an aquatic preserve, the board
Specific Authority 258.43.(1) FS. Law Implemented shall record in the public records of the county or
258.123. 258.124(8).258.44 FS. History- New 2-25-81 counties in which the preserve is located a legal
Repealed 8-7-85. Formerly 16Q-20.07,Transferred from description of the preserve.
16Q.20.007. Specific Authority 258.43(1) FS. Law Implemented
258.41 FS. History-New 2-25-81. Formerly 16Q-20.09.
18-20.008 Inclusion or Lands, Title to Which Transferred from 16Q-.20.009.
is Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which are within 18-20.010 Exchange of Lands. The board in its
designated aquatic preserve boundaries, or adjacent dicretion may exchange lands for the benefit of the
thereto and which arc owned by other governmental Preserve, provided that:
agencies, may be included in an aquatic preserve (1) In no case shall an exchange result in any
upon specific authorization for inclusion by an land or water area being withdrawn from the
appropriate instrument in writing executed by the Preserve; and
agency. (2) Exchanges shall be in the public interest and
(2) Lands and water bottoms which are within shall maintain or enhance the quality or utility of
designated aquatic preserve boundaries or adjacent the preserve.
therein. and which are in private ownership, may be Specific Authority 258.43(l) FS. Lw Implemented
included in an aquatic preserve upon specific 258.41(5). 258.42(1) FS. History-New 2-25-81,
authorization for Iinclusion by an appropriate Formerly 16A-20.10, Transferred from 16Q-20.010.
instrument in writing executed by the owner. 18-20.011 Gifts or Lands. The board in its
(3) The appropriate instrument shall be either a discretion may accept any gifts or lands or interests
dedication in perpetuity, or a lease. Such lease shall in lands within or contiguous to the preserve to
contain the following conditions: maintain or enhance the quality and utility of the
(a) The term of the lease shall be for a minimum preserve.
period of ten years. Specific Authority 258.43(l) 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, Transferred from 16Q-20.011.
shall additionally have the power to terminate any
lease if the termination is in the best interest of the 18-20.012 Protection of Indigenous Life
aquatic preserve system, and shall have the power to Forms. The taking or indigenous life forms for sale
or commercial use is prohibited except that this
include such lands in any agreement for prohibition shall not extend to the commercial
manaqemnt of such lands. taking of fin fish. crustacca or mollusks, except as
(c) The board shall pay no more than $1 per year prohibited under applicable laws, rules or
for any such lease. regulations. Members or the public may exercise
Specific Authority 258.43(l) FS. Law Implemented
258.40. 258.41 FS. Law Implemented their rights to Fish, so long as not contrary to other
16Q-20.009, Transferred from 16Q-20.08. 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(l) FS. History-New 2-26-81. 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

103

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18-20.017

18-20.013 Development of Resource 18-20.017 Lake Jackson Aquatic Preserve. In
Inventories and Management Plans for addition to the provisions or Rules 16-20.001
Preserves. through 18-20.016, the following requirements
(1) The board authorizes and directs the division shall also apply to all proposed activities within the
to develop a resource inventory and management Lake Jackson Aquatic Preserve. If any provisions of
plan for each preserve. this Rule are in conflict with any provisions or Rules
(2) The division may Perform the work it) 18-20.001 through 16-20.016 or Chapter 73-534.
develop the inventories and plans, or may enter into Laws or Florida, the stronger provision for the
agreements with other persons to perform the work. protection or enhancement of the aquatic preserve
In either case, all work performed shall be suject to shall prevail.
board approval. (1) No further Laic, transfer or lease or
Specific Authority 258.43(l) FS. Law Implemented sovereignty lands in the preserve shall be approved
258.43(1) FS. History-New 2-25-81. or consummated by the Board. except upon a
Amended 8-7-85, Formerly 16Q-20.13. Transferred from showing of extreme hardship on the part of the
16Q-20.013. applicant or when the board shall determine such
18-20.014 Enforcement. The rules shall be sale, transfer or lease to be in the public interest.
enforced as provided in Section 258.46. (2) No further dredging or filling of sovereignty
Specific Authority 258.43(1) FS. Law Implemented lands of the preserve shall be approved or tolerated
258.46 FS. History- New 2-25-81. Formerly 16Q-20.14. by, the Board or Trustees except: I
Transferred from 16Q-.20.014. (a) Such minimum dredging and spoiling as may
be authorized for public navigation projects or [or
18-20.015 Application Form. preservation of the lake according in the expressed
Authority 253.43(l) FS. Law Implemented . intent of chapter 73-534 Laws of Florida; and
258.43 FS. History-New 2-25-81 Relaced 8-7-85.
Formerly 16Q-20.15. Transferred from 16Q-20.015. (b) Such other alteration of physical conditions
as may be necessary to enhance the quality or utility
18-20.016 Coordination with Other of the preserve. I
Governmental Agencies. Where a Department of (3) There shall be no drilling or wells,
Environmental Regulation permit is required or excavation for shell or minerals and no erection of
activities on sovereignty Lands the department will structures (other than docks), within the preserve
coordinate with the Department or Environmental unless such activity is associated with activity
Regulation to obtain a mpy of the joint Department authorized by Chapter 73-534. Laws of Florida.
of Army/Florida Department or Environmental (4) The board shall not approve the relocations
Regulation permit application and the biological of bulkhead lines within the preserve.
survey. The information contained in the joint
(5) Notwithstanding other provisions of this a
permit application and biological assessment shall the board may. respecting lands lying within the
be considered by the department in preparing its Lake Jackson basin:
staff recommendations to the board. The board may (a) Enter into agreements for and establish lines
also consider the reports or other governmental delineating sovereignty and privately owned lands;
agencies that have related management or (b). Enter into agreements for the exchange and
permitting responsibilities regarding the proposed exchange sovereignty lands for privately owned
activity. lands;
Specific Authority 253.43(l) FS. Law implemented (c) Accept gifts or land within or contiguous to
258.43 FS. History-New 2-25-81. Formerly 16Q-20.16. the preserve. -
Transferred from 16Q-20.016. Specific Authority 258.39(26) FS. Law Implememted
258.39(26). 258.43 FS. History-New 8-7-85. Formerly
16Q-20.017, Transferred from 16Q-20.017.

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