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






                       MOSQUITO LAGOON


                 AQUATIC PRESERVE MANAGEMENT PLAN











                                            7





                                           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

     r-  ca



   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.




                                              1








             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.






                                           2









            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.































































                                          3




















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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













                                                                                          5










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                                                                                            USIA CO.
                                                                                                                                       ...........
                                                                                       BREVARD CO.
                                            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)



                                                                                        7













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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)


                                                                               9









                                                             OT












                                          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.







                                               12










             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;




                                             13








                          (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;




                                                14








                   (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

                                                                              r
                                             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.



















                                           16











                                          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


                                            17








             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).




                                            18






                                                           NEW SkfyRNA\
                                                                                                                                              .1 LAND
                                     3-0                                                                                                     1970
                                                                                                  SCALE I$ MILES


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                                  34




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                          32             45                                                            33      34
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                                                                                                     SIA    CO
                                                                                              BREVARO       CO.
                                               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)
                                                                                                                                    1: Ai@





                                                                                              19


























































































                                                                 20















                                         VOLUSIA                     COUNTY                                          T 19 S
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                                                                            COUNTY BOUNDARY LWK
                                                       @
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                                                                                                                                                                                   MAPOF
                                                                                                                                                       MOSQUITO LAGOON AQUATIC                          PRESERVE
                                                                                                                                                               ( AQUATIC PRESERVE A-6)
                                                                      SCALE IN MILES
                                                                                                                                                          VOLUSIA AND 13REVARD COUNTIES, FLORIDA.
                                                                                                                                                                     PART N ( S/2) BREVARD COUNTY
                                                                                                                                                                                CREATED BY

                                                                                                                                                                     STATE OF    FLORIDA BOARD OF
                                  PREPAIIIED IT F a MANSCO                                                                                          TRUSTEES Of      THE INTERNAL IMPROVEMENT TRUST FUND
                                  DIVISION OF LAND MAN"CAICIST                                                                                                              OCTOBER 21,1969
                                  MUSIC", 19TO                                                                                                                    RESOLUTION ADOPTED OCTOBER Zi,ltft
                                                                                                                                                              e-i



































                               Figure           3                           Mosquito Lagoon                         Aquatic Preserve (South.Half)


                                                                                                                              21


























































































                                                               22






                         State-Owned Land within Mosquito Lagoon Aquatic Preserve

                                       flew
                                         .yrn
                                         Beach
                                                             -LE  Wif




                             dg"ale,














                                                                            10
                                                                              0








                                                       Oak   a-
                                                        Hill
















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                                                           "AID



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                                                                                                         JOHN     F      KENNEDY


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                                                                                                                CENTER
                          Figure 4                                               23







                      Federally-Owned Land within Mosquito Lagoon Aquatic Preserve


                                            each
                                                               V.Lfi &FS
                                                71


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                                                                                              C--.0
                                                              VOLUSIA      C UN
                                                                  BREVARD     OU   Y


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                                                                                                             JOHN      F.     KENNEDY


                                                                                                                   SPACE

                                                                                                                     CENTER


                           Figure 5

                                                                                    25































































































                                                               26









             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.


                                             27











             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

                                             28









             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).




                                             29








            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


                                           30









             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.


                                            31











            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.





                                           32






                                                                  DER/DNR Water Classifications






                                   dg"atOr











                                                                                          011,




                                                                 Nil







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








                                                                     V@LUSIA       COUN
                                                                         BREVARD     COU   Y







                                                                  C"y
                                                                                                          'Ile
                                                                                  "@ICLAZ










                                                                                                                                                     cz@ 0







                                                                                                                       JOHN       F.     KENNEDY


                                                                                                                              SPACE

                                                                                                                               CENTER

                               Figure 6


                                                                                          33








                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


                                             35









                 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



                                              36









                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,


                                            37








                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.



                                           38












                                      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.




                                            40







                                                           Volusia County Zoning Map


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                                                    _VO@LUSIA       COUN
                                                           BREVARD   COU











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





















                                                                                                  JOHN     F.    KENNEDY


                                                                                                        SPACE

                                                                                                         CENTER
                         Figure 7                                           41


























































































                                                               42












            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.















                                          43
































































































                                                               44












                                        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


                                             45









            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,


                                          46










                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.


                                            47








            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).




                                          48









             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;


                                            49









             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;




                                                                             t

                                            50









              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


                                               51








             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


                                            52









            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".















                                           53


























































































                                                               54





 f
        rna
     8eyach



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


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


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

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




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

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



        ...........

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






                                                V. j


                                                                                                                  ATLANTIC OCEAN






                                                              V
                                                                                                                 S F/I
                                       Okati                                                   V.".



                      X.







                                    X*




                           Xl@









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


























































































                                                               56








                                       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


                                               57









             (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


                                           58









            (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.
















































                                          59































































































                                                               60











                                       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


                                           61








               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


                                            62







            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.

































                                          63
































































































                                                               64











                                      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


                                            65









            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.




                                           66








                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,


                                             67








                       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.


                                                 68











             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:


                                            69









                     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.


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            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.



                                          71








               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.-



                                          72









                  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.





                                                  73











             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


                                           74








              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.





                                                75









            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.











































                                            76





                                            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


                                                 77









            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.




                                          78








            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


                                           79









            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.


                                           80








            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


                                            81








            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


                                          82









           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.















































                                         83







                                 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.













































                                          87











                                       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.






                                           89











             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.














                                             90











                                        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.


                                              91









             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.



                                             92









             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.













































                                             93





                                                                                    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
                                                       Gï¿½vernmental 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


                                                                                       95
 




                               (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.




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                               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.




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                                (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




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                                        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



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                                      (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




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                                                                                                                                    (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;




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                                      (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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                                                                                                                                                (R. 9/88)
                                      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






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                                     (R. 9-88)                                   INTERNAL IMPROVEMENT TRUST FUND                                      V. 9, p. 692-2X
                                     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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