Management plan (cabinet draft) for Biscayne Bay aquatic preserve, Card Sound

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

BISCAYNE. BAY.
CARD SOUND

AQUATIC PRESERVE MANAGEMENT PLAN

I.v

QH 1991
9' ..75
T6
M36
DEPARTMENT OF NATURAL RESOURCES

MANAGEMENT PLAN
(cabinet draft)

FOR

BISCAYNE BAY AQUATIC PRESERVE
CARD SOUND

DECEMBER 1991

VIRGINIA WETHERELL

Executive Director

Florida Department of Natural Resources

Division of State Lands

Bureau of Submerged Lands and Preserves

Funds for this project 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.

77iis document was printed on recycled paper.

EXECUTIVE SUMMARY

The Card Sound portion of Biscayne Bay Aquatic Preserve is
recognized as an exceptional water resource of south Florida.
The submerged portions of the preserve encompasses 17,000
acres of seagrass meadows, hard bottom communities and
mangrove wetlands that are part of a larger system. of
protected waters and lands between the south Florida coast and'
the Florida Keys. This estuarine environment provides habitat
for a wide variety of juvenile and adult'marine species. The
preserve encompasses critical habitat for the endangered
Florida manatee and the American crocodile. The terrestrial
and marine environments offer valuable habitat for more than
100 plant and animal species that are rare, threatened,
endangered or species of special concern.

The marine resources of the preserve include expansive
hardbottom communities with varying combinations of sponges,
soft corals, hard coral and algae. The importance of this
community to juvenile lobster prompted the Department to
designate the area as a lobster sanctuary. Protection of
nursery and settlement habitat enhances many of the other
local fisheries.

The marine-grassbeds in the preserve are prime feedingareas
for wading birds and a valuable nursery area for juvenile fish
and invertebrates, including many of commercial interest. In
addition to habitat, the grassbeds perform valuable functions
by trapping suspended sediments from the water column and
stabilizing bottom sediments. Sea grasses, like their
terrestrial counterparts, depend upon sunlight for 'life
functions.- 'Excessive nutrients and/or sediments in the water
column reduce available 'light a .nd can stress grassbed
communities. Reproduction, stability and 'lowered energy
production may result if communities are excessively stressed.

The preserve offers water oriented recreational opportunities
to the metropolitan areas of Miami and south Florida, as well
as 'the Keys. Activities within the preserve include boating,
snorkeling, diving, commercial fishing, marine life
collecting, charter sport fishing and recreational fishing.
Impacts to resources as' a result of these uses include
propeller and grounding damage to grassbeds, extended boat,
anchoring which shades grassbeds, fishing. and marine life
collecting which introduce gear and chemicals that impact
target and non-target species. secondary impacts include
suspension of sediments in the water 'column' as a result of
boat operation in shallow waters, individual personalized
watercraft, ultra-light aircraft and private planes which
disrupt wildlife, and chemicals and wastes introduced into
waters of the preserve as a result of upland development and
boats.

Pollution in the form of stormwater run-off and septic
leachate are primary concerns in the preserve area. The
preserve lies 'downstream' of the urban and agricultural
development on the mainland. Extensive areas of former
wetlands have been altered for drainage'and flood control to
accommodate this development. Diversion, alteration of f low
rates and pollution contamination of the region's water
resources fias been cause f or 'alarm among many . resource
managers, and researchers. High density residential and
commercial development on the north shoreline of Key Largo may
also impact resources of the preserve. Expansive areas of the-
two major developments in this area are devoted to manicured
lawns and golf courses. Pesticides, herbicides and fertilizers
associated with these amenities are introduced into adjacent
areas via run-off and drift. Most of these chemical compounds
are toxic to marine organisms. other pollution sources include
desalinization and septic effluent.

Many of the noted impacts could be prevented or minimized with
improved channe*1 marking, land acquisition, public education,
establishment of restricted boating areas, and an enforcement
presence. This management plan establishes goals and
objectives to address these and other management issues.
Development of the plan and coordination with appropriate
management or regulatory agencies and local government
planning input are viewed as additional avenues to ameliorate
these impacts and ensure that the purposes and intent of the
aquatic preserve designation are fulfilled.

The main objective of the resource management program for the
preserve is to protect natural resources for the benefit of
future generations. On site management will.be directed toward
the maintenance of existing or essentially natural conditions
and restoring damaged or degraded areas. Management activities
will include gathering data on resources and protection of
existing conditions through review of proposed and existing
projects, input into local government planning efforts, and
cooperative efforts with the other agencies and organizations
who have education, research, resource management and
acquisition projects in the Area.

To protect natural resources and allow traditional uses, the
preserve has been divided into several management areas. The
management* area designation is based upon the existing
shoreline use and the quality of the adjacent submerged
resources. Adjacent lands are developed with commercial and
residential uses. Wetlands and currently vacant lands include
many sensitive natural resource features that may degenerate
or be destroyed by development. Acquisition of environmentally
sensitive lands adjacent to the preserve is an additional
management strategy to protect the preserve's resources.

The management plan also outlines the responsibilities of
various agencies and their subdivisions as provided for
through statutory direction and other applicable authorities.
Management of certain aspects of the preserves resources can
be enhanced through application of these programs. Whenever
possible, existing programs and resources,will be integrated
into the management of the preserve. The statutory management
authority for public and private uses of the preserve, as well
as specific criteria for those uses are also provided. These
uses are subject to the approval of the Board of Trustees or
their designee. Approval is normally predicated upon
demonstration that the proposed use is environmentally sound
and in the public interest.

Management and protection of the aquatic preserve can be
enhanced through research and education programs. Research is
critical to determining the status of existing resources and
to provide data for' future reference and comparison. Proposed
environmental education programs will coordinate with and be
complimentary to existing programs whenever possible.

Funding and staffing levels to initiate the identified goals
and objectives.for resource management, protection, education
and research are the minimum practicable for the identified
areas. Continual monitoring of the accomplishments of this
management plan will provide a standard for evaluating whether
pre-sent budgetary and *staffing estimates are adequate to
manage and protect. the preserve's resources for future
generations.

TABLE OF CONTENTS

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

CHAPTER II MANAGEMENT AUTHORITY
A. Statutory Authority ........... ...... 9
B. Administrative Rules ... o ............. 11
C. Relationship to Other Applicable
Plans and Programs ......... o ........ 16

CHAPTER III DESCRIPTION OF AQUATIC PRESERVE
A. Location and Boundaries . ............ 19
B. Geology and Sediments ............. o. 20
C. Physiography and Hydrology ........... 22
D. Climate ........ 24
.11 25
E. Water Quality ........
Fo Bilogical Communities ................ 26
1. Mangrove/saltmarsh .... o ........ o 27
2. Marine grassbeds ... o ...- ....... 42
3. Hardbottom ................ 51
G. Designated Species .................. 58
H. Historic and Cultural Resources ..... 67

CHAPTER IV REGIONAL LAND USE, DEVELOPMENT AND'
ASSOCIATED IMPACTS
A. Regional Land Use and Development ... 71
B. Local Land Use and Development ...... 75
C. Associated Impacts .................. 79

CHAPTER V MANAGEMENT AREAS
A. Introduction ....................... 85
B. Management Area Classifications ..... 86
C. Minimum criteria for Allowable Uses 88
D. Management Areas .................... 97

CHAPTER VI SITE SPECIFIC MANAGEMENT ISSUES AND NEEDS
A. Management Issues and Special Needs . 103
B. Management Initiatives ............... 108

CHAPTER VII' MANAGEMENT ACTION PLAN
A. Resource Management ................. 112
B. Resource Protection ................. 117
C. Research ................ o .... o...... 123
D. Environmental Education .......... o.o. 127

CHAPTER VIII MANAGEMENT COORDINATION NETWORK
A. Federal Agencies .................... 131
B. State Agencies ....................... .134
C. Regional Agencies .................... 139
D. Local Governments/Interest Groups ... 140

CHAPTER IX STAFFING AND FISCAL NEEDS ................ 145

CHAPTER X RESOURCE AND ACTIVITY MONITORING PROGRAM
A. Resource Monitoring ................. 149
B. Activity Monitoring ................. 150
C. Progress Monitoring ................. 150

BIBLIOGRAPHY ............................ 153

LIST OF FIGURES AND TABLES

Figure 1. Aquatic Preserve Boundary Map ............ 5

Figure 2. Florida Aquatic Preservesystem Map ..... 7

Figure 3. Communities Associations Map ............ 29

Figure 4. Existing Land Use Map .................... 77

Figure S. Management Areas Map .................... 101

Table 1. Mangrove/saltmarsh Vegetation ............ 27

Table 2. Non-vascular Flora .............! .......... 33

Table 3. Mangrove/saltmarsh Fauna ................ 36

Table 4. Marine Grassbed Fauna ................... 47

Table 5. Hardbottom Fauna ........................ 54

Table 6. Designated Plant Species ................ 59

Table 7. Designated Animal Species .............. 65

Table S. Regional Population ..................... 72

-Table 9. Dade/Monroe Fish Landings ....I........... 74

Table 10. Dade/Monroe Sponge Landings .......... ... 75

Table 11. Management Coordination Network .......... 142

Table 12. Staffing and Fiscal Needs ............... 147

LIST OF APPENDICES

Appendix A. Chapter 18-20, F.A.C ........................ 165
Appendix B.' Chapter 18-@S, F-'A.C ....................... 175

Copies of the legal description of the Card Sound portion of
Biscayne Bay Aquatic Preserve, as well as copies, of Chapters 253
and 258, F.S., and Chapters 18-18 and 18-21, F.A.C., may be
obtained from: Bureau of Submerged Lands and Preserves
Department of Natural Resources
3900 Commonwealth Blvd.
Mail Station 125
Tallahassee, FL 32399-3000

CHAPTER I

INTRODUCTION

The Card Sound portion of Biscayne 'Bay Aquatic Prbserve is
located between the southeast mainland of Florida and the
northern end of Key Largo, in Dade and Monroe counties. The
aquatic preserve is. part of a larger system of protected
waters, which includes Biscayne Bay Aquatic Preserve, Biscayne
National Park and the off-shore waters of John Pennekamp Coral
Reef State Park and Key Largo National Marine Sanctuary. The
preserve include approximately 17,000 acres of submerged lands
and mangrove islands (Figure 1).

There are currently 42 aquatic preserves throughout the state
(Figure 2). Card Sound is one of three preserves that are
.located 'in the Florida Keys. 'Lignumv'itae Key Aquatic Preserve
is located between Upper and Lower Matecumbe Keys and Coupon
Bight is located south of Big Pine Key. Card Sound is unique
within the state system because it is an estuarine nursery for
commercially important marine species and a refuge for several
endangered and threatened wildlife species. It also has the
distinction of being one of the more pristine areas of south
Florida.

The role of the Aquatic Preserve Program is'to manage and
protect the natural resources within the boundaries of a
preserve through staff programs and coordination with other
state and federal resource management programs. An integrated
management plan encompassing all the legislatively delegated
resource management and protection laws is essential in
preserving the resource values of the preserve. Local
government will be encouraged to incorporate this plan's
management initiatives into the local government comprehensive
plan.

The rich mosaic of resource 'types within the Card Sound
portion of Biscayne Bay Aquatic Preserve contributes to the
biological diversity and productivity of marine systems and
enhances man's enjoyment of the area. The aquatic preserve was
designated by the Florida Legislature in 1969 to conserve and
protect these values. This plan is intended to be used as the
primary tool for management of the preserve to attain these
goals. tt is designed to be site-specific in addressing
resource management issues relative to lands within the
preserve.

The process of developing this management plan involved
compiling an inventory of resource information, coordinating
with other plans that have been developed for the area and
state, and identifying resource and management issues related

to present and future uses of the preserve and adjacent
uplands. Various management areas will be identified or
delineated. Supporting goals, objectives and tasks were
developed to be consistent with statutory authority and the
overall intent of the Aquatic Preserve Program for helping
ensure that the resources of the Card Sound portion of
Biscayne Bay Aquatic Preserve will remain for present and
future generations to enjoy. As additional resource
information becomes available or as laws are implemented or
revised,.the management plan.will be changed to reflect those
events.

The Governor and Cabinet, sitting as the Board of Trustees of
the Internal Improvement Trust Fund has been legislatively
delegated statutory authority (Section 253.03, Florida
Statutes) to exercise proprietary control over state-owned
lands and may assign management responsibilities for@ those
lands to appropriate governmental agencies. Development and
implementation of this management plan will be through the
administrative support and the fieldstaff of the Department
of Natural Resources (DNR) , Division of State Lands, Bureau'of
Submerged Lands and Preserves.

More 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 aquatic preserve and
details the physical, biological and cultural components of
the preserve.

Chapter IV contains an overview of regional and local land use
and associated impacts..

Chapter V -delineates the management areas within the preserve.
These areas are defined by taking into account the quantity
and the quality of the biological resources in conjunction
with the use of the adjacent lands.

Chapter VI presents specific needs and issues that are unique
to the preserve that are not addressed through statute or
code.

Chapter VII outlines the program's goals, objectives, and the
tasks required to fulfill those needs within 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 related
and assist in protection and management of the preserve. It

also identifies non-governmental organizations, interest
groups, and individuals that have interest in or may assist in
management objectives..

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

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

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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
IMPROVEMENT TRUST FUND ARE
MANAGERS OF THESE AREAS.

FOR MORE INFORMATION REGARDING
AGUATIC PRESERVES CONTACT:

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF STATE LANDS

BUREAU OF AQUATIC PRESERVES

3900 COMMONWEALTH BLVD cl
1@cou@
TALLAMASSEE.FLORIDA 32303
emakm " c" & amox
-- Im

FIGURE 2. Florida Aquatic Preserves

CHAPTER II

XANAGEMENT AUTHORITY

The laws supporting aquatic preserve management are the direct
result of the public's -awareness and interest in protecting
Florida's aquatic e 'nvironment. The rampant dredge and fill
activities that occurred in the late 1960's fostered 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 water
bodies from development led to the Board of Trustees'
establishment of a moratorium on the sale of submerged lands
to private interests. That same year, an Interagency Advisory
Committee (IAC) was created to develop strategies for the
protection and management of state-owned submerged lands.

In 1968, the Florida Constitution was revised to declare in
Article II, Section 7, the State's policy of.conserving and
protecting 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. Later that same year, the IAC issued a
report recommending the establishment of twenty-six aquatic
preserves.

On October 21, 1969, the Governor and Cabinet acted upon the
recommendations of the IAC and adopted, by resolution,
eighteen of the water. bodies as aquatic preserves, which
included Biscayne Bay Aquatic Preserve and Card Sound. Other
preserves were individually adopted at subsequent times
through 1989.

A. STATUTORY'AUTHORITY

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

managing all sovereignty submerged lands, including aquati c
preserves.

In particular, Sections 258.35-258.46, F.S., enacted in 1915
by the Florida Legislature, represent 'the Florida. Aquatic
Preserve Act. These statutes set forth a standardized set of
management criteria for all designated aquatic preserves, and
represent the - primary laws governing use of sovereignty
submerged lands within aquatic preserves.

The Legislative intent for establishing aquatic preserves is
stated in Section 258.36, F.S.: "It is the intent of the
Legislature that the state-owned submerged lands in areas
which have exceptional biological, aesthetic, and scientific
value, as hereinafter described, be set aside forever as
aquatic preserves or sanctuaries for the benefit of future
generations." This statement along with the special
provisions of Section 258.397, that establishes the boundaries
and management authorities specifically for Biscayne Bay
Aquatic Preserve, clearly mark the direction for management of
the aquatic preserve. Management will emphasize the
maintenance of essentially natural conditions and will include
submerged lands, publicly owned islands and those lands leased
by the State. Privately held uplands are specifically excluded
from the boundary but may be included upon negotiated
agreement with the Board of Trustees. Lands transferred to
Biscayne National Park are specifically excluded (with certain
reservations of state interests) from the boundary (Section
258. 397 2 (a) (b) (c)

Management responsibilities for aquatic preserves may be
fulfilled directly by the Board of Trustees or by staff of the
Division of State Lands of the Department of.Natural Resources
through delegation, o-f 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 serve as the primary managers
who implement provisions of the management plans and rules
applicable to the aquatic preserves. Staff evaluate proposed
uses or activities in the preserve, and assess the possible
impacts on . the natural resources. Project reviews are
evaluated in accordance with the criteria in sections 258.35-,
42, F.S. (Florida Aquatic Preserves' Act) , Chapter 18-21,.
Florida Administrative Code - (Rules . of . Florida Aquatic
Preserves), Chapter 18-18 Florida Administrative Code (Rules
of Biscayne Bay Aquatic Preserve), and in accordance with the
policies set forth.in this plan.

Staff comments on proposed uses 'are submitted for
consideration in developing recommendations to be presented to
the Board of Trustees. This mechanism provides a basis for
the Board of Trustees to evaluate public interest and the
merits of any Project while also considering potential

environmental impacts upon the aquatic preserves. Any
activity located on submerged lands or state-owned uplands
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.

B. ADMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

.Chapters 18-20 and 18-21, Fl orida Administrative Code
(F.A.C.), are the administrative rules directly applicable to
the uses of aquatic preserves specifically, and submerged
lands in general. The general -rules in Chapter 18-20, F.A.C.,
are supplemental to the rules in Chapter 18-21, F.A.C, in the
regulation of activities in aquatic preserves.

Chapter 18-18, F.A.C. rules apply specifically to those
submerged lands, both public and private, within Biscayne Bay
Aquatic Preserve. - The provisions of the three rules are
intended to be used together in the management of Biscayne Bay
and Card Sound. Where a provision of one rule may be more
stringent than another-rule provision, the intent is that the
more stringent provision for maintenance of the aquatic
preserve'shall prevail (Section 258.39, F.S.).

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

Chapter 18-18, F.A.C., specifically addresses Biscayne Bay
Aquatic Preserve and drives its authority from Sections
258.35, 258.36, 258.37, 258.38, 258.39, and 258.391, F.S. The
intent of this rule is contained in Section 18-18. 001, F.A. C. ,
which states:

"(1) The-Biscayne Bay Aquatic Preserve, the boundaries of
which are fully described in 18-18.002, F.A .C. was
established for the purpose of preserving and
enhancing Biscayne Bay and all natural waterways
tidally connected to the bay in an essentially
natural condition so that. its biological and
aesthetic values may endure for the enjoyment of
future generations.

(2) These rules shall apply to all lands public and
private within the boundaries of the preserve.
However, privately owned uplands shall be excluded-
from these rules except as otherwise provided for
herein.

(3) In promulgating and implementing these rules, it is
the intent of the department to construe the
provisions of Sections 258-.397 and 258.35 through

258.46 F.S. together and to apply the more stringent
statutory provisions for the maintenance of the
preserve.

(4) The preserve shall be administered and managed in
accordance with the following goals:

(a) To preserve, protect, and enhance Biscayne Bay
and all natural waterways tidally connected to
the bay by reasonable regulation of human
activity within the preserve through the
development and implementation of a
comprehensive management program;

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

(C) To coordinate with federal, state, and local
agencies to aid.in carrying out the intent of
the legislature in creating the preserves;

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

(e) To encourage activities that protect or enhance
the biological and aesthetic values of the
preserve, including but not limited to th 'e
modification of existing manmade conditions
towards their natural condition when reviewing
applications or developing and implementing
management plans for the preserve;

(f) To preserve and promote indigenous life forms
and habitats including but not limited to
sponges, soft corals, hard corals, seagrasses,
mangroves, mud flats, marine reptiles, game and
non-game fish species, marine mammals, tropical
marine invertebrates, birds and shellfish;

(g) To acquire additional title interests in land
wherever such acquisitions would serve to
protect or enhance the biological or aesthetic
values of the preserve."

2. dRAPTER 18-20, P.A.C.

Chapter 18-20, F.A.C., 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 18-20.001, 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 Chapter
73-534, Laws of Florida, Sections 258.39, 258.391,
258.392, and 258.3.93, Florida Statutes, future
aquatic preserves established pursuant to general or
special acts of the legislature, and in Rule 18-
20.002, Florida Administrat 'ive Code, were
established for the purpose of being preserved in
essentially natural or existing condition so that
their aesthetic, biological and scientific values
may endure for the enjoyment of future generations.

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

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

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

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

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

(e) to encourage the protection, enhancement, or
restoration of the biological, aesthetic, or
scientific values of the preserves, including

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

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

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

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

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

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

@(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."

Section 18-21.0041, F.A.C. titled, Florida Keys Marina a 'nd
Dock Siting Policies and Criteria, also contains specific
policies and criteria 'for all applications for leases,
easements or consent to use sovereignty submerged lands for
multi-slip docking facilities in Monroe County. Section 18-
21.0041 (1) of the rule further states:

"The following General Policies and specific criteria shall be
used in developing recommendations to approve, approve with
conditions or deny the use of -state owned sovereignty
submerged lands for multi-slip docking facilities.

(a) General Policies - special attention and
consideration.shall.be given to.the following:

1. the proximity to and potential adverse impacts
on any rare, threatened or endangered species,
or species of special concern, or their
habitat, or on any portion ' of the entire
Florida Reef Tract and other corals, including
but not limited to those in the John Pennekamp
Coral Reef State Park, Key Largo National
Marine Sanctuary, Looe. Key National Marine
Sanctuary, and.Everglades National Park;

2. eliminating any adverse impacts on wetland or
submerged vegetation or benthic communities;
and

3. requiring adequate tidal flushing and/or
circulation;

4. maintaining or enhancing water quality at
levels within or above -State water quality
standards;

requiring adequate water depths to Avoid
dredging and other bottom disturbance;

6. requiring consistency and conformity with local
government land use plans, zoning, and other
land use or development regulations; and'

7. requiring consistency and conformity with
Chapters 27F-8, 27F-9, 27F,-10, 27F-11, 27F-12,
27F-13, and 21F-15, Florida Administrative
Code, as amended, "Principles for Guiding
Development in the Florida Keys Area of
Critical State Concern."

Section 18-21-0041 (b),. F.A.C. provides.specific criteria for
location, leasing, design and other requirements for projects
in the Florida Keys.

C. RELATIONSHIP TOOTHER APPLICABLE PLANS AND PRO.GRAMS

The State Comprehensive Plan, established by Chapter J87
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
those in the State Comprehensive Plan that pertain 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 ok Trustees on July 7," 1981
and March 15, 1983, contains specific policies concerning
spoil islands, submerged land leases, "Outstanding Native
Florida,Landscapes," unique natural features! seagrass beds,
archaeological and historical resources, and endangered
species. These policies provide some of the fundamental
direction for formula@ting management plans and policies of the
Aquatic Preserves Program.

The Local Government Comprehensive-Plans (LGCP) for Dade and
Monroe counties are required by the Local Government
Comprehensive Planning and Land Development Regulation Act to
have a comprehensive management plan with elements relating to
different governmental functions (e.g., housing, physical
facilities, conservation, land use@ coastal zone protection,
etc.) Each plan, in effect ' is.intended to guide the future
development of each respective county. Cities and counties
are to adopt land development regulations and conform to the
criteria, policies, and practices of their comprehensive
plans, which must be updated periodically as required by
recent statutory amendments.

The intent of the Aquatic Preserve Program is to guide county
governments during theirplanning process towards developing-
local planning criteria and standards that will be consistent
with the objectives of the program. Dade County has completed
and adopted a comprehensive plan. Pertinent elements of that
plan were found to be consistent with the intent of the LGCP
act. Monroe County has completed a comprehensive plan that is
currently being reviewed by the Department of Community
Affairs.

South Florida Water management District has cQmpleted a
Surface Water Improvement Management (SWIM) Plan for Biscayne
Bay. This plan is directed toward maintaining and restoring
surface water resources. Restoration, monitoring and abatement
are principle objectives currently being implemented. Goals,
objectives and/or projects are compatible with or
complementary to the intent of the state lands rules and this
plan.

The re'cently drafted Everglades SWIM Plan.addresses the much
broader issues of the.region. The Everglades Protection Area
covered under this plan includes five water 'conservation
areas, Everglades National Park, Florida Bay, adjacent basins
and tributaries of these water bodies. Water flow, timing and
quality are paramount to the vitality of the Everglades and
estuarine , ecosystems. Flood protection, water. quality,
groundwater recharge, habitat quality, recreation and other
complex iss 'ues will also be have to be addressed. The draft
plan establishes goals and objectives to establish stormwater
containment sites, abate and monitor nutrients originating
from the agricultural areas, restore historic water flows and
periodicity to the Everglades and to modify water delivery to
estuarine areas. Water quality assessments and monitoring,
resource management and public education are also essential to
the goals of the draft plan.

Many of the resource 'management, protection and monitoring
goals outlined within this aquatic preserve management plan
will be complimented and enhanced by the successful
implementation of a number of other programs and plans for
this region. Those relative to the aquatic preserve are
discussed further in Chapter VII and VIII of this plan.

CHAPTER III

RESOURCE DESCRIPTION

A. LOCATION AND BOUNDARIES

The Card Sound portion of . Biscayne Bay Aquatic Preserve
contains approximately 17, 000 acres of *sovereign submerged
lands located in Monroe and Dade counties and is more
particularlydescribed as follows and on.the boundary map in
Figure 1. The boundary map and this description are ' intended
for informational and'illustrative purposes only. They are not
intended, nor do they represent the legally recorded
boundaries of the preserve. Neither does this description
exclude any natural waterways tidally connected to the
preserve, which are not included in the description*, nor does
it include submerged lands of Biscayne National -Park or
privately held uplands, as provided for in Chapter 258.397,
F.S. and Chapter 18-18.002, F.A.C.

commencing at the southeasterly corner of Biscayne National
Park boundary and the confluence of Broad Creek and the
Monroe/Dade County line, proceeding easterly along the
southern bou ,ndary.of Biscayne National Park,to the junction of
that boundary with the coastal mainland of Dade County.
Proceeding southwesterly along the westerly mean high water
line of Biscayne Bay to the right-of-way of State Road @05A.
Thence proceeding southeasterly along said right-of-way an ,d
crossing the Monroe County line to a point southwest of the
Card Sound Bridge. Then proceeding northeasterly following
the easterly mean high water line of Biscayne Bay along the
westerly shores of the most easterly islands and Keys with
connecting lines drawn across tidal creeks between.the closest
points of adjacent islands to the southeasterly intersection
of Biscayne National Park boundary and the Monroe/Dade County
line at Broad Creek.

The Monroe County portion of the preserve adjoins the western
shorelines of north Key Largo, Broad Key, Linderman Key,
Pumpkin Key, and several unnamed mangrove islands near Broad
and Angelfish Creeks and northeast of the Card Sound Road (SR
905A). Extensive coastal development is primarily limited to
the northern tip of Key Largo and includes Ocean Reef Club and
the Angler's Club, two private residential/commercial and
marina developments. Broad, Linderman and Pumpkin Keys exhibit
modest residential development with attendant facilities.

The Dade County portion of the preserve adjoins a primarily
undeveloped shoreline. Exceptions are the Model Land Company
canal. and the Card Sound cooling canals serving the Turkey
Point, power plant. A modest commercial development and

makeshift dockage is located near the northeast end of Card
Sound Bridge. There are also several small, unnamed and
undeveloped mangrove islands near Card Point, Mud Point and
Little Card Point.

This portion of Biscayne Bay Aquatic Preserve is a part of a
larger area of protected marine environments. As noted,
Bisca'yne National Park is located to the north. John Pennekamp
Coral Reef State Park and Key Largo National Marine Sanctuary
are located,.,to the east of Key,Largo. Protected upland areas
include the Crocodile Lakes National Wildlife Refuge and the
Key.Largo Hammocks State Botanical Site on Key Largo.

Card Sound is a prime settlement and nursery site for a large
variety of marine fauna. The importance of this area to
juvenile spiny lobster (Panulirus argus) prompted the
Department of Natural Resources to designate the area as a
Lobster Sanctuary. The boundary of the ' sanctuary roughly
corresponds to that of this portion of the preserve described
in the 'opening paragraphs., This area is closed to all
harvesting of spiny lobster at all times.

Navigation interests in the area, are served by the
Intercoastal Waterway (ICW) that traverses the center of the
Sound in a northeast/southwest orientation, connecting
Biscayne Bay on the north with Barnes Sound to the south.
Marked channel access to the Atlantic Ocean is. available
through Angelfish and Broad Creeks. The ICW corridor is
excluded from the boundaries and management provisions of the
preserve (Chapter 258.40 (2), F.S.).

B. GEOLOGY AND SEDIMENTS

The geology and sediment history of the Card Sound area is
reflective of the ancient and modern processes of the marine
environment. Formation of the present surficial geology began
100,000 years ago during the Pleistocene era when sea level
was approximately 25 feet above the present level. The Florida
Keys were submerged coral reefs that sheltered a shallow
lagoon occupying most of what is today south Florida. These
tropical marine waters teamed with organisms. Coral colonies
flourished and generations of calcareous remains accumulated
in the form of a highly porous rock formation called Key Largo
.Limestone Hoffmeister, 1974).

In the low energy, shallow waters behind the reefs, bits of
sand or shell, where gently rolled back and forth 'and were
gradually coated with thin films of calcium carbonate. Cross-
sections of these concentric formations look like eggs, or
ooids from the Greek. This formation was named the Oolitic
facies of the Miami Limestone, or Miami oolite. The second
facie8 of the Miami Limestone is the Bryozoan facies which is

composed almost exclusively of the skeletal and shell remains
of marine organisms cemented together in dense layers. Of the
two facies of the Miami Limestones, only the oolite is of
interest in the preserve area.

During the later period of Wisconsin glaciation, large volumes
of the earth's water were bound up in glacial ice fields. Sea
level dropped to 325 feet below present levels, approximately.
10,000 years ago. The once submerged reefs became islands, the
lagoon a low savannah or marsh. During the postglacial period
of the recent Holocene, approximately 7 .500 years ago, the sea
rose and once again invaded the.low area behind the islands to
create the Bays and Sounds that we know today. Unlike other
coastal lagoons in Florida, this system was not formed by
river valleys having large amounts.of alluvial sediments from
upland sources. Both the ancient and modern sediments are
typically produced by organisms that live in the bay (Wanless,
1969; Warzeski, 1976).

Card Sound, underlain by late . Pleistocene bedrock, is 2-6
meters in depth, bordered on the east by Key Largo Limestone,
to the northwest by an oolite ridge of Miami Limestone, and.to
southwest by the Everglades platform. Spencer (1967) and
Hof fmeister (1974) further review evolution of bedrock beneath
the Florida Keys and Everglades.

Modern sediments within Card Sound display a distinct gradient
zonation from north to south. Longshore drift from the barrier
islands,to the north introduce quartzous sand into the south
Portions of Biscayne Bay and the' northern parts of Card Sound.
Calcarenite sands are more prevalent in the southwestern
portions of the Sound (Earley and Goodell, 1968).

Small amounts of quartz may be eroded from exposed portions of
the late Pleistocene Pamlico (sandstone) formation but most
sediments are carbonate sand tidal bars, paralic peats,
freshwater peats and calcitic mud deposits. Most of these
deposits are along protected shorelines that have not been
eroded. In the remainder of the Sound, a veneer (less than 15
centimeters) of quartz and carbonate sands overlies the
bedrock. Depressions in the bedrock accumulate lime muds in
association with seagrass beds (Wanless, 1969).

Irregularities of the basin floor and vagaries of tides and
currents create the tidal bars known as Cutter Bank and Little
Card Bank. Bottom topography and friction slow currents and
heavier particles of sediment drop to the bottom. Sea
grassbeds have a similar affect. Dense grass blades baffle the
water stream and fine-sediments are trapped within the blades
and shoots.

Storm sedimentation plays a major role ' in reworking and
redistributing the sediments within the Sound. Northerly winds

associated with cold fronts transport unstable sands
southward. Muddy sediment is suspended in the water column and
redistributed to seagrass beds, tidal deltas and tidal bars,
or is carried out of the Sound on falling tides. The more
forceful hurricane winds and storm surge are major agents
which modify sediment bodies. Unconsolidated sediments of the
Bay, Sound and reef tract are mixed and -redeposited. Storm
surge and waves may erode exposed shoreline sediments to
bedrock. Mangrove mucks are, thoroughly flushed and
redeposited. As flood waters recede, layers of sediment up.to
10 cm thick may.be deposited -upon land areas and/or carried
offshore by storm discharge and tides (Warzeski, 1976).

C. PHYSIOGRAPHY AND HYDROLOGY

Card Sound is an extension of the shallow Biscayne Bay basin.
Average midbasin water depths are 8-10.feet. Cutter.Bank, on
the north is traversed by a 6-7 feet deep channel and ' Card
.Bank on the south is traversed by a 5,-7 feet deep channel in
the immediate vicinity of the ICW. Card Bank, over much of its
length, is less than 2 feet below the waters surface and
effectively isolates Little Card Sound and represses tidal
flood to the south.

Land areas to the west of the Sound are typically less than 2
feet above sea level up to 2 miles inland. This low profile,
saltmarsh and mangrove forested shoreline contributes little
channelized run-off into the Sound. Most freshwater run-off is
gradually distributed -as sheet flow and subsurface seepage,
with two exceptions.

The Model Land Company canal 'channels direct run-off from
lands to the west and north, often introducing large pulses of
freshwater during the rainy season (July-September) . The
Turkey Point. power plant takes in waters from the Sound for
cooling equipment and after circulation through an extensive
series of canals, the water is returned to the Sound. Salinity
and other chemical constituents of the effluent water are
dependent upon rainfall, evaporation rates, and residence time
in the canals.

Historical freshwater water movement from surface flow and
ground seepage has been considerably altered throughout south
.Florida by'the extensive systems of water management canals.
Pumping for various uses and a loss of ground water recharge
areas has also affected the overall freshwater budget for the
area. The net result of these changes has reduced input of
fresh water into Biscayne Bay and Card 'Sound (SFWMD, 1988).
More detailed reports on the hydrologic features of the major
drainage basins were prepared for the Water Management
District by Cooper and Lane, 1987.

Irrigation and potable water supplies are pumped from the
Biscayne Aquifer at sever Ial wellfields in Dade County. The
U.S. Geological Survey has conducted numerous surveys and can
provide additional references regarding the characteristics
and geology of the aquifer.

Key Largo does not have any permanent sources of freshwater.
Most rainfall quickly percolates through the thin soils and
'porous limestone to be rapidly returned to the surrounding
sea. Large quantities of freshwater are utilized by the two
major developments on the north end of the island and most of
this is returned to the ground as secondary treated sewerage.
Ocean Reef Club operates a private sewerage collection system
with secondary package treatment plants that have a daily-
maximum treatment capacity of 450,000 gallon per day. The
secondary treated effluent is pumped 'into an array of 50
shallow wells (bore holes) that penetrate 10-90 feet below the
surface. Angler"s Club has a secondary plant with a 35,000
gallon per day capacity with, a 9,000 gallon aeriation tank.
.Total combined capacity is 44,000 gallons per day. Ocean Reef
Club also operates a reverse osmosis (r/o) plant ,that has a
maximum daily capacity of 76,000 gallons. Desalinated water is
used for irrigation of three golf courses and other grounds.
Effluent from the r/o plant is discharged to surface waters in
a canal (FDER, 1991). The smaller developments on Pumpkin,
Broad and Lindeman Keys operate individual septic tanks or
cess pools.

Tides are semi-diurnal with two highs and two lows of unequal
amplitude. Tidal range for the north Biscayne Bay area is 2.5
ft. Maximum range in Card Sound is less than one foot (van dd
Kreeke and Wang, 1984; Swakon and Wang, 1977). Tidal flood
(import) to the Bay is provided primarily by the broad shallow
pass between Key Biscayne and the Ragged Keys, known as the
Safety Valve. Minimal tidal import is provided to the south
Bay and Card Sound through Caesers, Broad and Angelfish
Creeks. Tidal flood is.to the south and southwest. Tidal ebb
is typically a simple reversing pattern.

Studies by Lee and Rooth (1972) indicate that tidal mixing and
flow characteristics are generally poor within the Sound due
to the configuration of the Sound and the characteristics of
tides (tidal wave length, amplitude, salinity gradient,
temperature, direction, etc.) . Tidal mixing is most pronounced
in the immediate vicinity of the tidal inlets. Full tidal
exchange in the interior of the Sound may take up to a year
under certain conditions (average winds and tidal cycles).

Wind generated waves and currents are especially influential
on water movement and mixing within Card Sound. During the
summer months,, prevailing easterly winds propel waters
westward and weak eddies circulate to the north and southwest.
The Sound is generally protected from the full force of

prevailing easterly winds by the elongate land mass of Key
Largo.

During the winter months frequent cold fronts pass over the
area. Winds shift gradually to the northeast or north with
increased wind speeds (20-35 miles per hour (m.p.h.)) before
and after the front passes. Surface turbulence and cooler
temperatures enhance thermal and chemical mixing of stratified
layers. This process enhances exchange in the vicinity of the
tidal inlets, thereby reducing the residence time of waters in
the Sound. Full tidal flushing under these conditions is
achieved in a much shorter period of time than previously
noted (I@ee and Rooth, 1972).

D. CLIMATE

Typically labeled as subtropical, the local environment is
greatly influenced by the,,warming influence of the Gulf Stream
and Florida Current. Summers (June -September) are warm and
@humid. Winters (November-March) are dry and balmy with
frequent cold fronts in midwinter. Fall is typified by hot,
humid weather in September that gradually cools and becomes
noticeably drier by November. Spring is dry and warm. Sunlight
is intense during 66% of daylight hours. Skies are sunny 72%
of the daylight hours during the average year (Shermyen,
1989).

The annual average air temperature in Miami is 75.6 degrees
Fahrenheit (F) with and average high of 82.4 degrees F in July
and an average low of 67.1 degrees F in January (Shermyen,
.1989). Temperatures in the vicinity of Card Sound are expected
to be slightly lower than in Miami during the summer months
because of the cooling influence-of prevailing winds.

Water temperatures in Biscayne Bay aiverage 66.2 degrees F.in
winter and 87 degrees F in summer. Cold f rants may cause 18
degree F drops in temperatures within a f ew days (Bader and
Roessler, 1971).

Winds of less than 6 m.p.h. occur about 25% of the time and
less than 11.5 m.p.h. 60% of, the time., Average annual wind
speeds are 9.2 m.,p.h. in Miami and 11.2 mph in Key West
(Shermyen, 1989). Higher winds occur during summer thunder
storms and winter cold f rants. Cyclonic winds associated with
tropical' storms (38-73 m.p.h.), hurricanes (74-123 m.p.h.) and
great hurricanes (>124 m.p.h.) may be expected from June until
October.

Rainfall can vary substantially from month to month and from
place to place throughout south Florida. The annual average
for Miami is 57.55 inches (Shermyen, 1989). The average for
the upper Keys is 42.7 inches (White, 1988.) The largest

proportion (70%) is associated with summer thunder storms and
occasional tropical storms f rom June to October with lesser
amounts occurring during passage of winter cold fronts.

Air pollution associated with the metropolitan area of Miami
is above the average for the state and the Keys. occasional
lulls in prevailing winds during the summer months aggravate
air quality. A brownish haze (primarily automobile exhaust)
can be seen for great distances. The annual geometric mean for
Miami is 73 micrograms (of particulate matter) per square
meter (UG/m2). The Key West average is 41 UG/m2. The Florida
mean standard is 60 UG/m2 (Shermyen, 1989). Air quality in the
upper Keys is expected to be comparable to Key.West because of
easterly prevailing winds.

E. WATER QUALITY

Water quality is generally better in the southern reaches of
Biscayne Bay than in the more highly developed and restricted
areas in the northern Bay. A summary of data from Dade County
Department of Environmental Resources Management (DCDERM)
indicates that conditions and trends are generally much better
in the Bay than had previously been thought. Relevant
.parameters from Dade's DERM sampling include salinity,
dissolved oxygen, turbidity, nutrients, trace metals, and
coliform bacteria.

Salinities in Card Sound would approach sea water values at or
above 34 parts per thousand (ppt) except in the areas of the
two previously mentioned canals. Data are not 'available for
those areas but values for other canal systems to the north
(Mowry and Black Creek) are usually less than 30 ppt,
reflecting the influence of freshwater input (DCDERM, 1987).

Dissolved oxygen (DO) values are similarly affected by
freshwater discharge areas. Canal mouths often had less than
the 6 milligrams per liter (mg/L) -that is considered the.
ambient level of dissolved oxygen. The station in Card Sound
exhibited ambient or better levels of dissolved oxygen
(DCDERM, 1987). Periodic sampling by DER near the Card Sound
bridge during 1990 exhibited similar DO values (FDER, 1990).
Typical nutrient values, including ammonia nitrogen,
nitrate/nitrite nitrogen, and phosphate phosphorus are at or
below background levels in Card Sound. Sampling areas,to the
north of the Sound that frequently have high nutrient levels
(ammonia) are associated with canals (Mowry and Goulds) and/or
the land fill near Black Point (DCDERM, 1987).

In the DCDERM study, trace metals were compared with the
reported maximum 'average values for South Eastern United
States coastal waters (from Windom and Smith, 1984; Windom, et
al., 1983; Windom, 1977; Windom, et al., 1971). Valu es for

cadmium and iron were lower in Card Sound than those reported
as the southeastern maximum average and lower than most of the
sampled stations in the Bay.'Copper was minimally above the
southeastern average but still well below 9 of the 10 other
'Bay.stations, at 0.5 micrograms per liter.

Lead is well above the southeastern average throughout the
Bay. Values in Card Sound are comparable to other areas of the
Bay, with the exception of Miami River, which is double the
median for other stations.

Median zinc values were also higher than the southeastern
average. Zinc values in Card sound.were also amazingly higher
than 8 of the other 10 Bay station s, including the Miami River
station. Values for Card Sound were equal to the remaining two
stations (Dumbfoundling Bay and Little River) with 11
micrograms per liter but still well within the state standards
(1000 micrograms per liter)(DCDERM, 1987).

Turbidity within'Card Sound is a result of both nature and
man's activities. Strong winds associated with winter cold
fronts resuspend sediments for several days after the passage
of the front. This condition is probably representative of
conditions throughout the Bay during the winter months., Higher
levels of turbidity in the vicinity of channels and near the
creeks is often exacerbated by boat traffic. Eroded sediments
from spoil banks also creates localized turbidity problems.
Dredging and upland run-off are additional sources of
turbidity that are usually regulated-to avoid chronic levels.

F. BIOLOGICAL COMMUNITIES.

This section will discuss major plant and animal associations
or communities within the preserve. Individual species are
grouped in representative community types based upon dominance
or absence of certain floral and faunal constituents. General
descriptions and species lists are intended to be reflective
of the community being discussed under each subheading. The
listing of a species in one community does not limit its
occurrence to that community. Each community association is
presented separately, but in reality they display an infinite
variety of mixed and interdependent a ssociations.

Subtle differeInces in geology, topography, and other physical
parameters may determine the initial dominance of a particular
association in an area, or the particular area may be modified
by the existing biota and thus evolve or succeed into an
entirely different association. The natural components of the
environment are never static and usually progress in an
orderly sequence of change from one sere to the next. Each
succeeding sere is generally,more complex and diverse than the
previous association. Those communities that have reached a

climax or balanced condition are usually most productive in
terms of biomass and species diversity.-

Catastrophic events, such as hurricanes and man-made
alteration of natural features disrupt orderly progression and
may set back the sere to an . earlier stage that is less
productive. Many of the man-made disturbances will be
discussed in the text. These change's not only inhibit or
reverse -succession but may replace entire associations with
other less productive environments. The affected environment
or community is not the only one to be diminished. All marine
systems are interrelated and thus changes to one association
will directly or indirectly 'affect a number of other related
and interdependent associations.

major community associations in the preserve are mangrove/
saltmarsh, marine grassbeds, and hardbottom. Figure 3
illustrates the various communities in the preserve.

1. Mangrove/Saltmarsh

The mangrove/saltmarsh community is a major component of the
preserves resources, both in distribution and - ecological
value. This community is the most common interface between
the upland and the marine environment. Shoreline
stabilization, storm protection, filtration and stabilization
of sediments, nutrient cycling and habitat diversity are only
.a few of the many functions that this community performs-. it
is composed of two diverse groups of salt tolerant plants..

The saltmarsh vegetation is represented by a large group of
herbaceous and woody plants that lie landward of the fringing
mangroves. Members of this plant community are often included
in what is referred to as the "buttonwood" or "transition
zone". It is distinguished by an open canopy of buttonwood
(Conocapus erectus) trees and low growing species that are
tolerant of periodic tidal inundation and extreme fluctuations
in salinity. Plants in this community may also be intermixed
with mangroves and beach/berm communities and form a rich
mosaic of vegetative types. A partial list of the
mangrove/saltmarsh vegetation is presented in Table 1.

TABLE 1

A PARTIAL LIST OF THE MANGROVE/SALTKARSH FLORA

Beach orach Atriplex arenaria
Black mangrove Avicinnia germinans
Saltbush Baccharis spp.
Saltwort Batis maritima
sea oxeye daisy Borrichia spp.

Saffron plum Bumelia celestrina
Gray nicker Caesalyinia crista
Seven-year apple Casasia clusifolia
Saltgrass Distichlis spicata
Seagrape Coccoloba uvifera
Buttonwood Conocarpus erectus
Geiger Cordia sebestena.
Clamshell orchid Encyclia cochleata
@Butterfly orchid Encyclia tampensis
Seaside gentian Eustoma exaltatum
Sedge Fimbristylis castanea
Wild cotton Gossypiu hirsutum
Seaside heliotrope HeliotroRium curassavicum
Seaside hibiscus' Hibiscus tillaceus
Manchineel Hippomane mancinella
Keys spider lily Hymenocallis latifolia
White mangrove Languncularia racemosa
Herbaceus sea lavender Limonium carolinianum
Christmas berry Lycium-carolinianum
Sea lavender Mallotonia gnaphalodes
=.Tournefortia gnaphalodes
Wild dilly Manilkara bahamensis
Gutta percha mayten Maytenus iphllanthoides
Poisonwood Metopium toxiferum
Key grass Monanthochloe littoralis
Prickly pear cactus Opuntia stricta
Knot grass Paspalum distichum
Purslanes Portulaca spp.
Red mangrove Rhizophora mangle
Rouge berry Rivina@ humilis
Glasswort Salicornia spp.
Sea purslane Sesuvium portulacastrum
Virginia dropweed Sporobolus virginicus
Sea blight Suaeda linearis
Bay cedar Suriana maritima
Mahoe Thespesia populnea
Air plants Tillandsia spp.

Mangroves are a pan-tropical group, occurring on seventy-five
percent of the worlds tropical coastline (McGill, 1959). Of
the 72 species recognized by Chapman (1976), three species
occur in Florida. Red mangrove (Rhizophora mangle) and white
mangrove (Lancruncularia racemosa) grow along -low 'energy
shorelines from the Florida Keys to near Cedar Key on the west
coast (Rehm, 1976) and north to Ponce de Leon Inlet on the
east coast (Teas, 1977). Black mangrove '(Avi cenn ia. germ inans)
extends farther north on the east coast to near 30 degrees
north latitude and along the Gulf coast to Louisiana and Texas
(McMillan, 1971). These tropical trees are sensitive to
fluctuating *temperatures and prolonged periods of cold or
frost (Davis, 1940). Prolonged temperatures below 66 degrees
F may be.lethal or cause stunted growth forms (Waisel, 1972).

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Accordingly, the largest mangrove forests (90% according to
estimates by the Coastal Coordinating 'Council, 1974) are
located in the more southern areas of the state, primarily in
Lee, Collier, Dade, and Monroe Counties.

of the six mangrove forest types described by Lugo and
Snedaker (1974), only the fringing forest type is well
represented in the preserve. Fringing mangroves are the most
dominant feature of the mainland shoreline. The small islands
along the eastern shoreline and in the tidal creeks are also
dominated by fringing mangroves.,

The larger islands (Key Largo, Broad Key, Linderman Key, and
Palo Alto Key) exhibit a distinct zonation in vegetation.
Tropical hardwood hammocks dominate higher elevations. moving
downslope, one encounters a narrow band of saltmarsh
vegetation landward of the tidal interface. Fringing mangroves
tend to dominate the intertidal zone and are_ especially
abundant on the leeward sides of those islands that are
protected from prevailing easterly winds and waves.

The dwarf mangrove forest (also called scrub mangroves by Lugo
and Snedaker, 1974) are a dominant feature of the semi-
impounded wetlands to the north of the preserve on 'the
mainland. All three species of mangroves are present but the
red mangrove is dominant. Increased soil salinity due to.
restricted tidal flow and high evaporation rates, -increased
water temperatures, shallow marl soils and low seedling
survival may be contributing factors to the stunted growth
forms and sparse distribution in this area (Teas, 1979;
Cinron, et al., 1978; McMillan,, 1971). One or all of these
stress factors may have contributed to the extensive cold
damage witnessed in this area after the freeze in December of
1989.

Local distribution of mangroves is affected by several
physical parameters. Wave energy and substrate are probably
most significant within the preserve. Fringing mangrove
forests reach optimum development on low energy shorelines
.with deeper sediments. Fine sediments deposited in shallow
depressions in the caprock and along the edges of tidal creeks
provide sufficient depth for propagples and seeds to become
rooted. Other shorelines may lack sufficient sediment depths
or are buffeted by waves or swift currents that would bury
seedlings or sweep them away.

Tidal regime in coastal areas also plays an important part in
mangrove dominance of the shoreline. The advance and retreat
of marine waters facilitates import of necessary nutrients
into the community and exports organic carbons and other
compounds to marine systems. Tides are also instrumental in
dispersing the buoyant seeds (or propagule4s) and moderating
salinity.

Ambient marine salinity benefits mangroves in several ways.
Competition from less tolerant terrestrial plants is minimized
and soil salinities are moderated by daily flushing. Unlike
their terrestrial counterparts mangroves have evolved
mechanisms to exclude or excrete salt ifrom plant tissues. The
red mangrove can exclude salt at the root surface (Scholander,
1968). Black and white mangroves secrete salt through
modified glands on the leaf or trunk and by storing salt in
succulent leaves and fruit that fall from the tree. Most
halophytic plants are believed to use these mechanisms or a
combination of them to dispose of excess salt (Teas, 1979).

Carbon and other nutrients f rom terrestrial sources (Carter et
al., 1973), rainfall (Lugo et al., 1980)', and from marine
sources are assimilated and recycled in the form of plant
material that is fed upon by a host of arboreal, epiphytic,
infaunal, and pelagic life forms. Energy, pathways may
originate from several different sources within the community.
Seagrass wrack and drift algae are trapped and broken down
into particulate matter that is used by large numbers of
consumers (Brook, 1975).

Senec .s6d mangrove leaves are attacked by fungi (Fell et al.,
1975) and bacteria (Casagrande and Given, 1975) that colonize
the leaf surface. As'the leaf surface is fragmented, plant
starches and proteins are broken down or converted -to other
compounds that are more easily consumed and assimilated by
other life forms ithat break down-the plant material to even
smaller fragments. As more surface area is actually made
available, the biotic community expands, thus increasing the
nIet available energy. As these smaller, protein rich
particles are consumed, the resulting energy is passed on to
higher order consumers (Odum, 1971; Odum and Heald, 1972; Odum
and Heald, 1975; and Odum et al., 1982).

Epiphytic andbenthic algae that live on and near the mangrove
roots also contribute substantially to the energy transfer to
higher trophic levels. - Rehm (1974) recorded 74 species of
red, brown, green and blue-green algae associated with
mangrove areas. This abundant resource is actively grazed by
numerous faunal species on site or upon dying it becomes part
of the detrital food web. The net primary production of prop
root epiphytes and mud algae may equal emergent 16af
production in-some areas (Lugo et al., 1975).
The contributions of plankton-to local marine energy budgets
are difficult to evaluate. This dynamic group is subject to
abrupt changes in density depending upon seAson,.currents and
nutrient levels. Although quantitive research has not been
done specifically for mangrove estuaries, the importance of
planktonic food chains has been well documented for other
regions and it is- evident that there. are large numbers of
invertebrate grazers that benefit from this community

component. The abundance of phytoplankton and zooplankton
within the immediate area of mangroves would indicate"that
this energy source is important to many larval food webs
(Odum, 1970). Table 2 contains a partial list of non-Vascular
plants and phytoplankton of the mangrove/saltmarsh
association.

TABLE 2

A PARTIAL LIST OF THE NON-VASCULAR MANGROVE/SALTKARSH FLORAC

Genera Location Reference

FUNGI Nigrospora Leaf Fell, et
Phyllostica al., 1975,
Pestalotica 1980
Phytophora
Drechslera.
Gloeosporium.
-Lulworthia

ALGAE Monostroma High water Taylor,
Rhizoclonium. mark on red 1960
and black mangrove
Bostrychia Just below high
Catenella water mark on red
Caloglossa prop roots
Acanthorphora Submerged on Almodovar
Caulerpa red prop roots and Biebl
Hypnea It 1962
Laurencia
Spyrida If
valonia
Wrangelia.
Centroceras
Dasya Taylor,
Dictyota If 1960
Halimeda if it
Murrayella if it
Polysiphonia go it
Wurdemaniia of I
Bood.leopsis Mud near roots*
.Cladophoropsis of
Enteromorpha if
Vaucheria

PHYTOPLANKTOR
Chaetocerus Water column Mattox, 1949
Thalassothrix
Nitzschia Wood, 1965
Skeletonema Walsh, 1965
Rhizosolenis Bacon, 1970

Disploneis Benthic Wood, 1965
Mastogloia sediments it
Pluerosigma to . it
Peridinium Water column Odum dt al.,
1982
Gymnodinium

(From Odum. et al., 1982)

-Faunal components of the mangrove/saltmarsh community are as
diverse as the f loral* counterpart. This community provides
food, cover, spawning, nesting and resting habitat for many
species of mammals, birds, reptiles, amphibians, f ish and
invertebrates. Many species are dependent upon this community
during all of their life cycle, while others may inhabit the
community during specific portions of their life cycle. This
interdependency may be critical f or several -endangered and
threatened species that will be discussed . in subsequent
sections.

Animal life that graze directly 'upon arboreal leaf material
include large numbers of insects including the olethrautid
moth (Ecdvtolor)ha sp.) and beetles (principally,. Poecililps
rhizophorae) (Onuf et al., 1977). Simber'loff and Wilson (1969)
list 200 species of insects that are associated with mangrove,
communities. The mangrove tree crab (Aratus Disohii) is also
a primary consumer of mangrove leaves (Beever et al., 1979).
other invertebrate fauna of the emergent mangrove/ saltmarsh
include large numbers of"gastropods. The snails (Littorina
..sp., Cerithidea sp. and Melamrus@ sp.), isopods (Ligea spp.),
and fiddler crabs (Uca spp.) are especially plentiful (Odum et
al., 1982). These invertebrates,are in turn a staple to many
species of birds.

The striking avifauna is often the most noticeable in the
mangrove/saltmarsh association. Many species depend upon the
community for feeding, nesting and resting sites. Large
wading birds, such as the egrets, ibis, spoonbill, herons and
the open-water piscivorous birds, such as the osprey and
pelican are especially dependent upon mangrove areas. Others
are only occasional or seasonal visitors. Odum et al., (1982)
list 181 species of birds that may be expected to use the
mangrove community.

Other macrofauna that utilize the mangrove/saltmarsh include
a number of terrestrial and aquatic reptiles, amphibians and
mammals. Among the marine turtles, only the Atlantic
loggerhead (Caretta caretta caretta) is relatively common in
the preserve. This species may use mangroves as nursery areas
(Odum et al., 1,982). The Atlantic hawksbill (Eretmochelys
imbricata) and the Atlantic green turtle (Chelonia mydas) are

known to feed upon mangrove roots and leaves (Ernst and
Barbour, 1972) and may occasionally frequent mangrove areas in
the preserve.

Several species of snakes and anoles, and two crocodilians
utilize mangrove/saltmarsh areas. Of the snakes, only one,
the mangrove water snake (Nerodia fasciata compressicauda) is
entirely dependent upon mangrove/saltmarsh areas. The others
are transitory in habit and may -utilize a variety of
enVironments. The American alligator (Alligator
mlsslsslPRiensis) is primarily an inhabitant of freshwater
areas but may venture into mangrove areas especially during
periods of drought (Jacobsen, 1983). The endangered American
crocodile (Crocodylus actus) is commonly associated with the
mangrove fringed shorelines adjoining deeper waters, such as
natural creeks,, canals, barrow pits or basins. It is a
resident species in the preserve.

Amphibians are generally not well represented due to the
scarcity of freshwater- areas that are usually necessary for
reproduction. Those - listed are. suitably adapted to
reproducing during the brief rainy period and may utilize
brackish water pools for this purpose. The giant toad (Bufo
marinus) and the Cuban treefrog (Hyla septentrionalis) are
introduced species that have expanded their range considerably
in the last several decades (King and Krakauer, .1966; King and
Krakauer, 1968; and Krakauer, 1970).

The mammals of the mangrove/ saltmarsh include a number of
species that utilize a broad range of habitat types. The Marsh
rabbit (Sylvilacfus palustris) , Raccoon (Procyon lotor) , and
Virginia opossum (Didelphis virginiana) are most commonly
observed. The Marsh rice rat (Orvzomys Plaustris), Cotton rat
(Sicrmoaon hispidus) and the introduced black rat (Rattus
rattus) are also common but much more secretive in habit. The
bobcat (Felis rufus) and River otter (Lutra canadensis) are
the largest mammalian predators of the mangrove/saltmarsh
areas of the preserve, although the endangered Florida panther
(Felis concolor coryi) is known to frequent other mangrove
areas of south Florida (Layne, 1974). Two marine mammals, the
endangered Florida manatee (Trichechus manatus latirostl:-is)
and the Bottle-nosed dolphin (Tursiops truncatus) frequent
deeper waters of the mangrove fringed creeks in the preserve.

The aquatic life of the mangrove/saltmarsh is by far the * most
diverse group of organisms in this association. Detritus and
plankton are.primary food sources for a large number of marine
invertebrates that attach themselves to prop roots, live in
adjacent muds, or swim in the water. Courtney (1975), Tabb et
al., (1962), and Odum and Heald (1972) reported extensive
lists of invertebrates that are associated with mangroves.

The prop root complex is also important to many species of
fish. Ample food and close proximity to cover that offers
protection from predators is 'essential for large numbers of
juvenile and adult fish. Many complete their life cycle
within the mangrove community. Others are dependent upon
mangroves during juvenile stages and migrate.to grassbeds or
coral reefs when mature. Still others are opportunistic
vagabonds that utilize a variety of habitats and may be only
seasonally or locally abundant. Close proximity to other
habitat types, greatly increases the overlap of species from
the other communities.

Many species of invertebrates and fishes that titilize the
mangrove/ saltmarsh are important to local recreational and
commercial fisheries. Commercially harvested species include;
pink shrimp (Penaeus duorarum), stone crab (Menippe
mercenaria), jacks (family Caranigadae), grunts (family
Pomadasyidae) , grouper (Dpinepelus spp.) , snapper (Lutianus
spp.), mullet (family Mugilidae), red drum (Sciaenops
ocellata), ladyfish (Elons saurus), spotted sea trout
(Cynoscion nebulsus) and large numbers of various bait fish..
T'he spiny lobster - (Panulirus argus) is also a valuable
commercial species associated with mangrove areas'. Those in
the sanctuary are protected from harvest but the adults
eventually migrate to offshore reefs where they may be taken
in traps. Many of -the commercial species are also important to
local recreational fisherman. Additionally, tarpon (Megalops
atlantica), snook (Centronomus undecimalis), barracuda
(Sphyraena barracuda) and bonefish (Albula vulpes) are avidly
pursued by local enthusiast as well as thousands of annual
visitors.

Table 3 includes a particil list of the major invertebrate
groups and the vertebrate fauna of the mangrove/ saltmarsh
association. For additional information on specific species,
the reader is directed to the noted references. Odum et al.,
(1982) provide comprehensive lists of habitat types and diet
preferences for fish and birds from published literature.

TABLE 3
PARTIAL LIST OF THE MANGROVE/SALTMARSHFAUNA

INVERTEBRATES
Zoopla,nkton
This extensive group includes single-celled protozoans and the
larvae and eggs of the invertebrates and fish listed below.

Jellyfish (Scyphozoa)
Upside-down jellyfish Cassiopeia xamachana

Marine worms (Annelida)-
Armandia agilis
Cirratulus sp.
Lumbrineries maculata
molluscs
Blackhorn snail B@Ltillaria minima
Ladderhorn snail Cerithidea scalariformis
Periwinkles Littorina spp.
Saltmarsh snail Melampus coffeus
Bleeding tooth Nerita spp.
Predatory snail Pisania tincta

Crustaceans (may comprise 70% of zooplankton)
Barnacles Chthamalus stellatus
Lithortrya dorsalis
Copepods Acartia spp.
Searoachs Ligia spp.
Wood borer Sphaerom terebans
Pistol shrimps Alpheus spp-
Pink shrimp Penaeus duorarum
Shore shrimps Palaemonetes spp.-
cleaning shrimps Periclimenes spp.
Shrimp Synalpheus fritzmuelleri
Spiny Lobster Panulirus argus
Hermit crabs Pagurus spp.
Hermit crab Clibanarius sp.
Blue crab Callinectes sapidus.
Crab Cyclograpsus sp.
Sho're crabs Pachygrapsus spp.
,Mangrove tree crab Aratus pisonni
Marsh crab Sesarma sp.
Fiddler crabs Uca spp.
Stone crab Menippe mercenaria

Holothurians
sea cucumber Holothuria floridana

(References:. Odum et al., 1982) See Simberloff, 1976; Simberloff
and Wilson, 1969 for comprehensive list of insects.

VERTEBRATES
Fishes
Nurse shark- Ginglymostoma curratum
Blacktip shark Carcharhinus limbatus
Lemon shark Negaprion brevirostris
Bonnethead Sphyrna tiburo
Smalltooth sawfish Pristis pectinata
Guitarfish Rhinobatos letiginosus
Lesser electric ray Narcine brasiliensis
Southern stingray Dasyatis american
Yellow-ray Urolophus.lamaicensis
spotted eagle ray Aetobatus narinari

Ladyfish Elops saurus
Tarpon Megalops atlantica *
Bonefish Albula vulpes *
Scaled sardine Harengula pensacolae
Atlantic thread herring Opisthonmea oglinum
Bigeye anchovy Anchoa lamprotaenia
Bay anchovy Anchoa mitchilli
Inshore lizardfish Synodus foetens
Sea catfish Aruis felis
Gulf toadfish Opsanus bet
Skilletfish Gobiesox strumosus
Shortnose batfish Ogcocephalus nasutus
Key broutla Ogilbia cayourm
Halfbeak Hyporhamphus unifasciatus
Refin needle fish Strongylura notata
Timucu Strongylura timucu
Houndfish Tylosurus crocodulus
Sheepshead minnow Cyprinodon variegatus
Rainwater killifish Lucania parva
Rivulus Rivulus marmoratus
Mosquitofish Gambusia affinis
Mangrove mosquitofish Gambusia rhizophorae
Sailfin molly Poecilia latipinna
Reef silverside Allanetta harringtonensis
Rough silverside Membras marinica
Tidewater siverside Menidia beryllina
Lined seahorse Hippocampus erectus
Dwarf seahorse Hippocampus zoserae
Pipefish Syngnathys spp.
Snook Centorpomus undecimalis *
Black seabass Centropristis striata
Sand perch Diplectrum formosum
Jewfish Epinephelus itajara
Red grouper Epinephelus morio *
Nassua grouper Epinephelus Striatus *
Barred hamlet Hypolectrus puella
Gag Mycteroperca microlepis
Bronze cardinalfish Astrapogon alutus
Conchfish Astrapogon stellatus
Bluefish Pomatomus saltatrix *
Cobia Rachycentron canadum
Whitefin sharksucker Echeneis neucratoides
Blue runner Caranx crysos *
Jack crevalle Caranx hippos *
Bar jack Caranx ruber
Atlantic bumper Chloroscombrus chrysurus
Leather jacket Oligoplites saurus
Florida pompano Trachintous carolinus *
Permit Trachinotus falcatus *
Lookdown Selene yomer
Mutton snapper Lutjanus apodus *
Schoolmaster Lutjanus apodus *
Gray snapper Lutjanus griseus *

Dog snapper Lutjanus jocu
Lane snapper Lutjanus synagris *
Striped mojarra Diapterus plumieri
Mojarras Eucinostomus spp.
Grunst Haemulon spp. *
Pigfish Orthopristis chrysoptera
Sheepshead Archosargus probatocephlus *
Sea bream Archosargus rhomboidalis
Grass porgy Calamus arctifrons
Saucereye porgy Calamus calamus *
Pinfish Lagadon rhomboides *
Blue croaker Bairdiella batabana
Silver perch Bairdiella chrysura
Spotted seatrout Cynoscion nebulosus *
Southern kingfish Menticirrhus americanus *
Gulf kingfish Menticirrhus littoralis *
Atlantic croaker Micropogon undulatus *
Black drum Pogonias cromis
Red drum Sciaenops ocellata *
High hat Eguetus acuminatus
Atlantic spadefish Chaetodipterus faber
Sergeant major Abudefduf saxatillis
Slippery dick Halichoeres bivittatus
Parrotfishes Sparisoma spp.
Mullet Mugil spp. *
Great barracuda Sphyraena barracuda *
Mottled jawfish Opistognathus maxillosus
Bluethroat pikeblenny Chaenopsis ocellata
Marbled blenny Paraclinus marmoratus
Banded blenny Paraclinus fasciatus
Blackbelly blenny Stathmonotus hemphilli
Florida blenny Chasmodes saburrae
Seaweed blenny Blennuis marmoreus
Spotted drgonet Callionymus pauciradiatus
Gobys Gobionellus spp.
Gobiosoma spp.
Lophogogius sp.
Microgobius spp.
Spanish Mackerel Scomberomorus maculatus *
King Mackerel Scomeromorus cavalla *
Barfish Scorpaena brasiliensis
Plumed scorpionfish Scorpaena grandicornis
Searobins Prionotus spp.
Eyed flounder Bothus ocellatus
Spotted whiff Citharichtys macrops
Fringed flounder Etropus crossotus
Gulf flounder Paralichthys albigutta
Southern flounder Paralichtys lethostigma
Dusky flounder Syacium papillosum
Lined sole Achirus lineatus
Scrawled sole Trinectes inscriptus
Hogchoker Trinectes maculatus
Blackcheek tonguefish Symphurus plagiusa

orange filefish Aluterus schoepfi
Fringed filefish Monacanthus ciliatus
Planehead filefish Monacanthus hispidus
Gray triggerfish Balistes capriscus
Queen triggerfish Balistes vetula
Scrawled cowfish Lactophrys guadracornis
Trunkfish Lactophrys triqueter
Puffers Sphoeroides spp.
Burrfish Chilomvcterus �pp.

(List modified from Odum et al., 1982)
Important spe@cies of commercial, sport and bait fisheries.

Amphibians and Reptiles
American alligator Alligator mississippiensis
American crocodile Crocodylus acutus
mangrove terrapin Malaclemys terrepin
rhizophorarum
Atlantic loggerhead turtle Caretta caretta caretta
Atlantic green turtle Chelonia mydas mvdas
Atlantic hawk-sbill turtle Eretmochel,@s imbricata
imbricata
Atlantic ridley turtle Lepidochelys kempii
Green (American) anole Anolis carolinensis
Brown (Cuban) anole Anolis sagrei
-Southern black racer -Columber constrictor haas'ti
Eastern indigo snake Drymarchon corais couperi
Rat snake Elaphe guttata guttata
Mangrove water snake Nerodia fasciata
compressicauda
Florida ribbon snake Thamnophis satritus sackeni
Giant toad Bufo marinus
Southern toad Bufo terrestris
Tree frog Hyla squirella
Cuban tree frog Hyla septentrionalis

(References: Carr and Goin, 1955; Duellman and Schwartz, 1958';
Ernst and Barbour, 1972; Paulson, 1968)

Birds
Magnificent frigatebird Fregata magnificens
Brown pelican Pelecanus occidentalis
Double-crested cormorant Phalacrocorax auritus
Roseate spoonbill Ajaia alala
Great blue heron Ardea herodias
Great white heron Ardea herodias occidentalis
Cattle egret Bubulcus ibis
Green heron Butorides striatus
Great egret Casmerodius albus
Snowy egret Earetta thula
Reddish egret Egretta rufescens
Louisiana heron Egretta tricolor

Little blue heron Egretta caerulea
White ibis Eudocimus albus
Black-crowned night heron Nycticorax nycticorax
Yellow-crowned night heron Nyctanassa violacea
Blue-winged teal Anas crecca carolinensis
Mallard Anas platvrhynchos
Red-breasted merganser Mergus serrator
Turkey vulture Cathartes aura
Red-shouldered hawk Buteo lineatus
American kestrel Falco sparverius
Bald eagle iialiaeetus leucocephal'us
osprey Pandion haliaetus
Black-necked stilt Himantopus mexicanuis
Semiplamated plover Charadrius semipaimatus
Black-bellied plover Pluvialis sguatarola
Spotted sandpiper Actitis macularia
Ruddy turnstone Arenaria interpres
Dunlin Calidris alpina
Least sandpiper Calidris minutilla
Semipalmated sandpiper Calidris pusilla
Western sandpiper calidris mauri
Solitary sandpiper Tringa solitaria
Greater yellowlegs Tringa melanoleucas.
Lesser yellowlegs Tringa flavipes
Short-billed dowitcher Limnodromus griseus
Laughing gull Larus atricilla
Ring-billed gul.1 Larus delawarensis
Least tern Sterna albifrons
Royal tern Thalasseus maxima
White-crbwned pigeon Columba leucocephala
Mangrove cuckoo Coccyzus minor
Red-bellied woodpecker Melanerpes carolinus
Belted kingfisher Megaceryle alcyon
Gray kingbird Tyrannus domincensis
Great crested flycatcher Myriarchus crinitu!@,
Eastern phoebe Sayornis Phoebe
Mockingbird mimus Polyglottos
Catbird Dumetella carolinensis
Brown thrasher Toxostoma rufum
Blue-gray gnatcatcher Polioptila caerulea
White-eyed vireo Vireo griseus
Black-whiskered vireo Vireo altiloquus
Red-eyed vireo Vireo olivaceus
Yellow-throated warbler Dendroica dominica
Yellow warbler Dendroica petechia
Yellow-rumped warbler Dendroica coronata
Prairie warbler Dendroica discolor
Palm warbler Dendroica palmarum
Yellowthroat Geothlypus trichas
Black-and-white-warbler Mniotilta varia
Northern parula Parula americana'
American redstart Setophaga ruticilla
Red-winged blackbird Aqelajus phoeniceus

Boat-tailed grackle Ouiscalus major
Cardinal Cardinalis cardinalis

(References: Robertson and Kushlan, 1974; Sprunt, 1954; Bent,
1932)

Mammals
Virginia opossum Didelphis virainiana
Marsh rabbit Sylvilagus palustris
Gray squirrel Sciurus carolinensis
Marsh rice rat Oryzomys argentatus
Black rat Rattus rattus
Cotton rat Sicrmodon hispidus
Raccoon Procyon lotor
River otter Lutra canadensis
Bobcat Felis rufus
Whitetailed deer Odocoileus virginianus

(References: Layne, 1974; Humphrey and Barbour, 1979; Lazell,
1984)

2. Xarine Grassbeds

Marine grassbeds are an important feature in the aquatic
resources of. the preserve. -Seagrasses stabilize sediments,
baffle wave energy, cycle nutrients, and provide substrate for
a complex floral and faunal community. Abundant food and
cover make this an important resource for invertebrates and a
.nursery area for' many fish species. However, biological
productivity is not limited to the area of distribution.
marine energy cycling is enhanced as detrital material and
nursery species are dispersed to other areas. Species from
geographically and physiologically isolat 'ed habitats, such as,
the hardbottom and the mangrove communities also forage in the
seagrass community. Thus, marine grassbeds function as an
interface between other communities and enrich the ecological
diversity and productivity of all marine systems.

Dominant marine grasses in the preserve are turtle grass
(Thalassia testudium) and Cuban shoalweed (Halodule wrightii) ..
Shoalweed is typically a pioneer species that tolerates more
disturbed sites and areas where other factors are less
favorable for turtle grass. Turtle,grass is a climax species
(Phillips, 1960), and as such is usually considered to be the
primary producer in this community. Turtle grass meadows are
most expansive were sediments are deepest over the bedrock.
Manatee grass (Syringodium filiforme) and several species of
Halophila are also present within the turtle grass and
shoalweed beds. Small patches of exclusively manatee grass are
occasionally encountered. Widgeon grass (Ruppia maritima), a
typically freshwater species, is also present in the canal
systems and marsh creeks that enter the Sound.

Seagrasses are flowering plants that have evolved to a totally
marine existence. They have adapted physiological and
chemical mechanisms that facilitate photosynthesis, growth,
maintenance and reproduction while completely submerged.
Unlike their terrestrial counterparts seagrasses lack stomata
on the leaf surfaces, thus gases are slowly diffused through
the leaf tissue. Oxygen is stored in interstitial cell spaces
and passed to root structures and rhizomes when needed. Stored
gases also make the leaf blade buoyant, keeping it vertical to
the substrate and allowing a much larger surface area to be
exposed to solar radiation (Zieman and Wetzel, 1980). The
release of gaseous bubbles from leaf surfaces is often the
source of the faint popping sounds heard when grass flats are
exposed at low tide.

Certain plant nutrients are derived from the sediments, while
others are taken from the water column. Nitrogen fixation can
occur in the rhizomes, on the leaf surface and in.some cases
may be transferred between the leaf surface and epiphytes on
the leaf (Harlin, 1971). Nitrogen and carbons are also
derived from the' particulate organic matter from dead plant
material and animal excretion. This highly efficient use of
relat,ively limited nutrients and sunlight are the basis for a
level of productivity often compared, to the coral reefs and
mangroves.

.Marine grasses may reproduce both vegetatively and sexually.
The study of seagrass reproduction has evolved primarily as a
means to restore or mitigate those areas that have been
adversely impacted by man's activities. Vegetative
reproduction originates from the root or rhizome of the plant.
Vegetative starts (plug or turion) are usually preferred for
transplanting as they become established more quickly and
survive longer. However, relative cost of this type of
restoration may be prohibitive for large areas. Cost ranged
from $27,000 to $86,500 per hectare (/ha) to revegetate one
area in the Upper Keys (Lewis et al., 1981). This technique
has also caused much controversy, as many scientists and
environmentalists have questioned the possibly negative
impacts to donor (source) areas. Donor areas are slow to
recolonize, and large scale removal may cause a more serious
disturbance than it is intended to remedy.

Sexual reproduction in marine grasses is less clearly
understood. Orpurt and Boral (1964) observed flowering turtle
grass in the Keys during April and fruiting until September.
Seed production and seedling survival, however, may vary
considerably from year to year. Lewis- and Phillips (1980)
while monitoring a revegetation project near Craig Key,
reported a "prodigious" seed 'crop in the intertidal area of
Lower Matecumbe Key during 1979. Previous observations by
Moffler (from Lewis and Phillips, 1980) indicated little
fruiting occurred in 1975 and Phillips reported large numbers

of seedlings in the same area in 1960. Periods of high seed
production of f ers the opportunity to harvest and propagate
seedlings for revegetation of disturbed areas but cost may
again be prohibitive. Thorhaug and Austin (1976) reported
costs of $42,000-$280,000/ha (depending on desired plant
covet) for collection, propagation, planting and overhead for
restoration efforts. Survival rates for transplanted
seedlings are also very low, less than 30% (Zieman, 1982).

Marine grassbed distribution is influenced by physical and
chemical factors similar to those described for mangroves.
Temperatures and salinities are usually well within the
tolerance limits of the species listed. Optimum temperatures
(68-86 degrees F) and salinities (24 ppt to 35 ppt) for turtle
.grass (Phillips, 1960), occur throughout the aquatic preserve
waters. Shallow waters that are often subjected to extreme
fluctuations of salinity during extended periods of drought
and during the rainy season are less favorable sites for
turtle grass. These areas are also subject to more abrupt
temperature changes than normally observed in deeper-waters
and therefore are usually less favorable for sea grasses.

The three most important parameters determining grassbed
distribution in the preserve are light intensity, current
velocity, and sediment depth. Like their emergent
counterparts, marine plants must have access to sunlight to
carry on the photosynthetic process. Unlike terrestrial
plants, the. water column lies between the source and
recipient., Water depth and clarity affect the amount of
sunlight that reaches the leaf surface. In this area water
depth is less important than water clarity.

Shading from docks and turbidity in the water column inhibit
photic zone access. Dredging for access channels or prop
dredging and scouring also produce excessive turbidity. These
impacts are usually localized and not.normally of.a duration
or intensity to cause extensive light reduction but have
other, more severe, consequences that will be discussed later.

Tidal currents in larger channels continually erode and
redeposit sediments at sporadic intervals and may scour
sediments to bedrock in some locations. These dynamic
processes are not conducive to seagrass colonization. High
turbidity in and near channels inhibits sea grass colonization
in the deeper parts of many of the channels that do have
adequate sediment depths. Conversely, turtle grass may be
dense and have longer blades with fewer epiphytes along the
edges of these channels and tidal creeks. Conover (1968)
suggests that more rapid currents enhance leaf sprface
absorption of carbon and other nutrients. Swift currents would
also inhibit epiphyte colonization on the leaf blades allowing
a larger surface area for photosynthesis.

Turtle grass requires sediment depths from 3 inches (Scoffin,
1970) to 20 inches (Zieman, 1972) for optimum growth. These
conditions are exemplified in the sheltered waters leeward of
the islands in Broad and Angelfish Creeks where sediment
'fans' support lush grassbeds or flats. Marine grasses also
parallel the low energy.shoreline on the western side of the
Sound, seaward of the fringing mangroves. Scattered
depressions in the basement rock also accumulate sediment
pockets that are colonized by marine grasses. In profile,
these colonized depressions often.appear as "domes". As the
plants entrap additional sediments, the depression fills and
appears elevated as more sediments are added.

In addition to the previously noted marine grasses, several
species of algae are also commonly found- in this community.
The dominant genera of macrobenthic algae include Halimeda '
Acetabularia, Penicillus, Caulerpa, Cladolphora, Rhipocepha us,
and Udotea. The algae are instrumental in-producing organic
carbons and calcium carbonate,that are incorporated into the
sediments (Zieman, 1982). Benthic algae are also early
colonizers of fine sediments and their rhizoid holdfasts may
stabilize these sediments so that seagrasses may become
established on otherwise unoccupied areas (Williams, 1981).
The fleshy red algae Goniolithon and the drift algae
Laurencia, are also common components of the grassbeds.

Seagrass leaves provide substrate for a wide. range of
epiphytic algae. Some 66 species have been recorded to
utilize seagrasses for attachment (Ballantine and Humm, 1975).
While access to the photic zone is enhanced. by this
arrangement, the encrusting of the leaf surface may
effectively reduce photosynthesis in the host plant (Sand-
Jensen, 1977). The overall loss of photosynthetic production
may be off-set by the increased habitat for epiphytic flora
and fauna with a corresponding increase in animal and plant
protein.

The faunal constituents of the marine grassbeds range from the
microscopic zooplankton that drift with the . currents,
epiphytes that live upon the grasses, the infaunal association
of the root and rhizome complex, and the pelagic
invertebrates, fishes and mammals that utilize these areas.
Trophic structure presents ample food for a variety of
specialized feeders. Herbivores that feed directly upon the
algae or seagrasses include a wide variety of invertebrates.
Most notable are the crabs, queen conch, and sea urchins.

Detrital feeders make up a large percentage of the grassbed
fauna and may well represent the primary.pathway of energy
transfer to higher tropic levels (Zieman, 1982). This group
is composed of 'many small organisms that feed upon the
decomposing plant and animal material,'in the vicinity of the
grassbeds. Corals, sponges, tube worms and shrimp filter

detritus and plankton f ram the water column. others glean
material from the sediments and leaf surfaces. Exported
detritus becomes available to 'an even wider range of consumers
in more remote areas. Carr and Adams (1973) found detrital
feeders to be a major food source for at least one feeding
stage in 15 ' of 21 juvenile marine fishes studied.
Commercially important detrital feeders include the pink
shrimp (Penaeus duorarum), spiny lobster (Panulirus araus),
and mullet (Mugilcurema spp.).

Vertebrate herbivores include the green, loggerhead, and
hawksbill turtles, and a wide variety of fishes. Zieman
(1982) lists 63 species that utilize seagrass in their diet.
Many of these species also consume varying amounts of detritus
and epifauna as they forage.

Marine- grassbeds are also valuable cover for the larval and
juvenile stages of many invertebrates and fishes. Some spend
early development stages in the shelter of the sea grasses * and
move to other habitats when mature. 'Eldred et al., (1961 and
1972) document the importance of this habitat to juvenile
spiny lobster and juvenile and adult shrimp.

Many adult fish, by alternating periods of diurnal and
nocturnal activity, may utilize grassbeds for foraging at
night and seekshelte.r in mangroves or coral reefs during the
day. This partitioning of time and resources serves to
eliminate competition between similar species and affords a
much greater number of niches in the-ecological structure of
the community.

Marine grassbeds are heavily utilized by several bird species.
The abundant marine fauna of this community are the staple
food for most of these birds (Kushlan, 1978). Heron! egrets,
and spoonbills exploit fish, crustaceans and other marine
organisms in shallow water grassbeds and upon exposed grass
flats during low tides. open water piscivorous birds include
the cormorant, osprey, pelican, and gulls.

Mammals that utilize marine grassbeds include the manate 'e and
the bottle-nosed dolphin. The manatee is well known for it-s
predilection for aquatic plants. It is assumed that the
abundant seagrasses would provide a welcome repast for this
nomad. Bottle-nosed dolphin are occasional visitors of the
aquatic preserve and undoubtedly take quantities of schooling
fish as opportunity permits. Consult Table 4 for a list of
animal species commonly associated with the marine grassbed
community.

TABLE 4

A PARTIAL LIST OF MARINE GRASSBED FAUNA

INVERTEBRATES
Corals
Golfball coral Favia fragum
Rose coral Manicinia areolata
Small finger coral Porites furcata
Anemones
Pale anemone Aiptasia annulata
Pink tipped anemone Condy actis gigantea
Annelids
Ammatrypane sp.
Lug worm Arenicola cristata
Eurythoe sp.
Green bristle worm Hermodice caruculata
Sponge worm Eunice denticulata
Lysidice sp.
Nereis-sp.
Phascolion sp.
Tube worm Onuphis magna
Sthenelais sp.
Terebellides stroemi
Gastropods
Anachis sp.
Sea slug Aplysis dactylomela
Astrea sp.
Bittium varium'
Caecum sp.
Cardita floridana
Cerith Cerithium spp.
Slipper Crepidula sp.
Tulips Fasiolaria spp.
Mitrella lunata
Modulus modulus
Horse conch Pluroploca gigantea
Rissoina sp.
Queen conch Strombus gigas
Tegula sp.
Tridachia sp.
Caribbean vase Vasum sp.

Pelecypods
Cockle Americardia sp.
Arks Anadara spp.
Venus Antigona sp.
Atrina sp.
Cardita floridana
Barred venus Chione cancellata
Tiger lucine Codakia orbicularis
Cockle Laevicarduim 1-aevigatum

Lucine Lucina pensylvanica
Radiant tellin @Fellina radiata

Amphipods
Cvmadus-comipta
Gammarus mucronatus
Melita nitida
Grandidierella sp.
Cephalopods
octopus Octopusbriareus

Arthropods
snapping shrimp Alpheus normanni
Hyppolyte pleuracantha
Shore shrimp Palaemonetes spp.
Spiny lobster Penulirus argus
Pink shrimp Penaeus duorarum
Cleaning shrimp Periclimenes spp.
Thor floridanus
Tozeuma sp.
Box crab Calappa sp.
Blue crabs Callinectes spp.
Striped hermit crab Clibanarius sp.
Bareyed hermit crab Dardanus sp.
Spider crab Libinia sp.
Decorator crab 'Macrocoeloma sp.
Spider crab Microphrys sp.
Spider crabs Mithrax spp.
Hermit crabs Pagurus spp.
Giant hermit crab Petrochirus diogenes
Pitho crabs Pithos spp.
False squilla Pseudosquilla ciliata

Echinoderms
Thorny starfish .,Echinaster spp.
Cushion starfish Oreaster reticulatus
Brittle stars Ophicoma spp.
Long-spined urchin Diadema antillarium
Variegated urchin Lvtechinus variegatus
Sea egg Tripneustes ventricosus
Sea bisuit Clypeaster rosaceus

Holothurians
Sea cucumber Actinopyga agassizi
Florida sea cucumber Holothura floridana

Tunicates
Flat tunicate Botryllus Planus
Incrusting tunicate Polycar a obtecta

(From Zieman,, 1982; Voss, 1976; Voss.and -Voss, 1955)
Species of commercial fisheries interest.

VERTEBRATES
Fishes

Nurse shark Ginglymostoma curratum
Lemon shark Negeprion brevirostris
Bonnethead Sphyrna tiburo
Smalltooth sawfish Pristis pectinata
Southern stingray Dasyatis americana
Ladyfish Elops saurus
Tarpon Megalops atlantica *
Bonefish Albula vulpes *
Scaled sardine Harengula pensacolae
Atlantic thread herring Opisthonmea oglinum
Anchovies Anchoa spp.
Inshore lizardfish Synodus foetens
Sea catfish Arius felis
Gulf toadfish Opsanus beta
Skilletfish Gobiesox strumosus
Hardhead halfbreak Chridorus atherinoides
Needlefish Hyporhamphus unfasciatus
Goldspotted killifish Flordichthvs carpio
Rainwater killifish Lucania parva
Sheepshead minnow Cyprinodon variegatus *
Rivulus Rivulus marmoratus
Sailfin molly Poecilia latipinna
Reef silverside Allanetta harringonenesis
Hardhead silverside Atherinomorus stipes
Dwarf seahorse Hippocampus zosterae
Dusky pipefish Syngnathus floridae
Fringed pipefish Micrognathus crinigerus
Snook Centropomus undecimalis *
Gag Myceteroperca microlepis
Jewfish Epinephalus itajara *
Cobia Rachycentrol canadum *
Jacks Caranx spp. *
Permit Trachinotus falcatus *
Florida pompano Trachinotus carolinus *
Leatherjacket Oligoplites zaurus
Lookdown Selene vomer
Snappers Lutjanus spp. *
Silver blenny Eucinostomus gula
Grunts Haemulon spp. *
Pigfish Orthopristis chrysoptera
Porgies Archosargus spp.
Pinfish Lagodon rhomboides *
Red drum Sciaenops ocellata *
Silver perch Bairdiella chrysura
Spotted seatrout Cynoscion nibulosu *
Southern kingfish Menticirrhus americanus *
Atlantic spadefish Chaetodipterus faber
Sergeant major Abudefduf saxatilis
Slippery dick Halichoeres bivittatus
Hogfish Lachnolaimus maximus

Parrotfishes Scarus spp.
Sparisoma spp.
Mullet Mugil spp.
Barracuda Sphyraena barracuda
Blennies Paraclinus spp.
Chaenoysis spp.
BlenniusIsp.
Dragonet Callionymus varciradiatus
Gobies Bathygobius sp.
Gobiosoma spp.
Microgobius spp.
Scorpionfishes Scorpaena spp.
Searobin Prionotus spp.
Lined sole Achirus lineatus
Tonguefish Symphurus Plagiusa
-Filefish Monocanthus ciliatus
Cowfish Lactophrys quadricornis
Trunkfish Lactophrys trigonus
Southern puffer Sphoeroides nephalus
Burfish Chilomvcterus schoenfi

(Adapted from Zieman, 1982)
Sport, commercial and bait species

Reptiles
Green sea turtle Chelonia mvdas mvdas
Loggerhead sea turtle -Caretta carretta carretta
American crocodile Crocodylus acutus

Birds
Roseate spoonbill Ajaja'ajaja
Great blue heron Ardea herrodias
Great white heron Ardea occidentalis
Great egret Casmerodius albus
Little blue heron Florida caerulea
Reddish egret Dichromanassa rufescens
Louisiana heron Hydranassa tricolor
Bald eagle Halieaeetus leucocephalus
Red-breasted merganser Mergis serrator
Osprey Pandion haliaetus
Eastern brown pelican Pelecanus occidentalis
Double-crested cormorant Phalacrocorax auritus

Mammals
Bottle-nosed dolphin Tursiops truncatus
West Indina Manatee Trichechus manatus latirostris

(From Kushlan, 1978)

3. Hardbottom

This community association is referred to as live bottom
(Jaap, 1984) or hard bottom (Voss, 1988; Marzalak et al.,
1977; and others). This community type is generally included
as a subcategory of the coral reef habitats, as described by
these authors, but will be treated as a separate community
association within this plan and in the resource maps. It is
a major constituent of the aquatic preserve's resources.

The term hardbottom collectively describes those flora and
fauna that complete all or a portion of their life cycle on or
in rock or other hard substrates. It includes other associated
organisms that live on or in the host organism. Marine
grassbeds, sand, and mud bars are usually intermixed with the
hard bottom, occupying shallow depressions in the limestone.
Distribution of biota is generally scattered in random
patterns and never appears as compact or diverse as are-.
grassbeds or coral reefs. Never the less, this community
association supports a diverse invertebrate and vertebrate
fauna and is a valuable nursery area for many sport and
commercial fish species.

The flora and fauna of the hardbottom 'association are highly
variable. It may contain many species of the coral reef
association but they are not three dimensional reef building
.communities. Species composition is visually dominated by
algae and invertebrate species such as soft corals, sponges,
and small stony corals. The algal species are well
represented by the calcareous greens, Acetabularia, Batophora,
Penicillus, Halimeda, and Udotea spp. These species are
instrumental in binding sediments and the formation of
calcareous sands that are the byproducts of their skeletal
remains. Common brown algae include Dictyota and Sargassum,
which supports a relatively complex microcommunity within it's
delicate leaves and nodules.

Submerged rafts or windrows of the red algae Laurencia are a
common feature in the Sound. These tangles of grasslike
colonies are especially important to juvenile lobster and the
species upon which it feeds. Recruitment of. juveniles from.
offshore areas occurs throughout the,year and growth is rapid
after the lobster has settled. The importance of this
settlement habitat is not necessarily' based upon density of
individuals but the abundance of habitat. Marx (1986)
estimates that at a density of 0.03 lobsters per square meter,
one hectare of Laurencia habitat can produce 1193 juveniles.
The abundance of this,habitat in the Sound and protection of
the juvenile lobster population is vital to the local
productivity of this fishery.

Invertebrate populations of the hardbottom include a variety
of sponges, hard corals, soft -corals, mollusks, annelids,

crustaceans and echinoderms. Sponges are well represented in
the hardbottom community. Dominance of this group-in certain
areas has prompted some authors to refer to this community as
sponge bottom (Lineback, 1968). The most common species are
the chicken liver sponge (Chondrilla nucula), vase sponge
(Ircinia campana), cake sponge (I. etherea), stinking sponge
(I. felix) , the little blue heavenly sponge (.Dysidea etherea) ,
the large loggerhead sponge (Spheciospongia vesparia),: and the
tube sponges (Aplysina cauliformis and Callispongia spp.). The
Keys grass sponge (Spongia graminea), yellow sponge (Spongia
barbara) and the Sheepswool sponge (Hippiospongia lachne) are
important commercial species. Both sponges and octocorals are
host or prey to a wide variety of organisms that .live on or in
their framework. Both groups obtain sustenence from the
surrounding water and in doing so act as filtering mechanisms
to remove minute particles and nutrients from the water.

Stony corals found in the live bottom communities'. include
finger corals (Porites spp.), starlet coral (Siderastrea
radians)-, rose coral (Manicina areolata) , lobed star coral
(Solenastrea hyades) , and smooth star coral (a. bournoni) .
They are members of the phylum Cnidaria which includes related
organisms such as jellyfish, sea anemones, and hydrozoans.
Two classes of Cnidaria are principal colonial forms
associated with the hardbottom, the Hydrozoa and the Anthozoa.

Hydrozoans are represented by the fire coral (Millepora
alcicornis). As the name implies, this hydroid is often
mistaken for a true coral. It may form a pale yellow crust on
rock and occasionally May be found on soft corals or other
hard substrate. Contact with this species produces painful
inflammation.

Anthozoa contains two subclasses, the Octocorallia, the soft
corals (e.g. whipcorals, sea feathers and sea fans) and the
Zoantharia. Within the Zoantharia subclass is' the order
.Scleractinia, containing the true stony corals (brain coral,
star coral, etc.). The characteristics common to each
subclass are the capability to secrete a calcareous skeleton
and functional autotrophy (self-production) (Barnes, 1974).

Although many coral colonies are only a few inches in
diameter, several species may reach dimensions of up to a foot
or more. Larger specimens are i7eferred to as boulder corals or
coral 'heads'. The living coral tissue inhabits only the
external surface of the head. The individual polyp secretes
a cup or callous that provides shape and protection for the
individual. 'As the colony grows, the calices 'of members of
the same species join and the colony assumes a distinctive
configuration and coloring. The particular species is often
easily identifiable 'by the visual appearance of the colony a 's
a whole. Some appear relatively smooth and spherical, such as
the starlet coral (Siderastrea siderea) and others may be

f lattened (rose coral) or f orm f inger-1 ike proj ections (f inger
corals)

Coral tissues are host to dinoflagellate zooxanthellae
(microscopic algae) that live symbiotically within each coral
polyp. The zooxantheilae, like other plants are capable of
producing their own food. Using solar energy, they. build
protein, carbohydrates and other complex compounds from carbon
dioxide, nitrates, and phosphates obtained from the
surrounding sea water and the host coral polyp. The algae
provide self-sustaining nourishment and contribute to the
oxygen requirements of the coral host. The corals capture
plankton and other mobile fauna"with their tentacles and their
metabolic waste products provide some of the basic structural
compounds for the algae in return. If environmental
influences (heat, cold, disease, pollution, etc.) are adverse,
the coral polyps may expel the zooanthellae and the coral
colony will die. This symbiotic relationship is only one of
many that occur in the hardbottom community.

The soft corals (octocorals or gorgonians) form upright
branched colonies that may attain several feet in height. The
most common species are the sea whips (Pterogorgia spp.), sea
rods (Plexaura spp.) , and the sea plumes (Pseudopterogorgia
spp.).

I-nfaunal organisms that inhabit the hardbottom include boring
and burrowing sponges (Cliona sp.) . gephyr-id worms, urchins
(Centrechinus and Echinometra spp.), and numerous gastropods,
clamst and crabs. The barrenrock or framework of the soft
corals and sponges provide some of these organisms with
substrate for attachment and access to nutrients.

Motile fauna of the hardbottom include many irivertebrates and
fishes of both the mangrove and seagrass communities. This
area provides microhabitats for many juvenile fishes as well
as infaunal organisms that tunnel the shallow sediments.
Marine turtles are also quite frequently observed feeding or
resting in these areas. The hawksbill turtle is especially
fond of sponges which may comprise as much as 95 percent of
it's diet (Meylan, 1988). The most frequently observed larger
predators of the hardbottom include the barracuda (Sphyraena
barracuda) and moray eel (Gymnothorax spp.). The nurse shark
(Ginglymostoma cirratum), primarily a scavenger, is a common
shark of the shallow water areas and is seldom a threat to
man, unless stepped upon or harassed. Table 5 provides a
partial list of the hardbottom fauna. The reader is referred
to previous sections on mangroves and marine grassbeds for
additional information on vertebrate species.

Distribution of the hardbottom communities in the preserve is
predicated primarily by the availability of substrate.
Composition of species in a particular area may be influenced

by other factors. Hard corals generally do not tolerate
extremes in temperature or high turbidity levels.. Those noted
are generally more tolerant of adverse conditions than'those
found in the off-shore reef habitats. Fine sediments may
blanket coral polyps and particles are sloughed of f with a
mucous film. 'However, excessive or chronic sedimentation
reduces sunlight to the zooanthellae and creates physical
stress upon the colony. Hard corals are typically found in
areas closest to the tidal inlets where temperatures are more
stable and where sediment loads are swept away with tidal
currents.

Spohges and soft corals are physiologically adapted to
withstand more turbid water conditions. Large pores in the
sponges are not as easily clogged with sediments. Wave action
and currents cleanse the sponges and the soft corals and carry
the particles of food that these species require. Distribution
of sponges and soft corals in the hardbottom community is
random throughout the preserve.

TABLE 5

A PARTIAL LIST OF THE HARDBOTTOM FAUNA

INVERTEBRATES
Porifera (Sponges)-
Variable sponge Anthosigmella varians
Tube sponge Callyspongia vaginalis
Chickenliver.sponge Chondrilla nucula
Chondrosia,collectrix
Cinachyra cavernosa
Boring sponge cliona SPP-
Heavenly sponge Geodia gibberosa
Finger sponges Haliclona spp.
Vase sponges Ircinia spp.
Neopetrosia 16nqlevi
Loggerhead sponge Spheciosphongia vesparia
spongia graminea
Fire sponge Tedania ignis
Tethya sp.
Candle sponge Verongia longissima

Cnidarians
Hydrozoans
Encrusting stinging coral Millepora alcicornis

Scyphozoans
Comb jellyfish Mnemiopsis spp.
Portugeuse man-of-war Physalia Physalia
By the wind sailor Velella velella

Anthozoans
Octocorallia (soft corals)
Corky seafingers Briareum asbestinum
Eunicea Eunicea spp.
Venus seafan Gorgonia flabellum
Sea rods Plexaura flexuosa
Plexaurella spp.
Pseudoplexaura spp.
Purple sea plume Pseudopterogorgia
acerosa
Slimy sea plume PseudoRterogorgia
americana
Angular sea whip Pterogorgia anceps
Yellow sea whip Pterogorgia citrina

Hexacorallians
Anemones Bartholomea annulata
Bundosoma cavernata
Condylactis gigantea

Madreporarians (Stony corals)
Ivory tube coral Cladocora arbuscula
Flower coral Eusmilia spp.
Golfball coral Favia fragum
Rose coral Manicina areolata
Large flower coral Mussa angulosa
Ivory bush coral Oculina diffusa
Finger coral Porites furcata
Clubbed finger coral Porites porites
Rough starlet coral Siderastrea radians
Smooth starlet coral Siderastrea siderea

Annelids
Arabella sp.
Tube worm Cistenides sp.
Eunice spp.
Green bristle worm Hermodice
carunculata
Loimia sp.
Banded feather dusters Sabella spp.

Molluscs
Arks Barbatia spp.
Scallope Chlamys spp.
Tritons Cymatium spp.
cowries Cypraea spp.
Tulip shell @Fasiolaria tulipa
Spiny lima Lima lima
Burrowing mussels Lithophaga spp.
Miter shells Mitra spp.
Tulip mussel Modiolus amercanus
Murex Murex spp.
Joubin's octopus Octopus loubini

Octopus Octupus Vula ris
Pectin Pectin sp..
Pearl oyster Pinctada radiata
Pin shell Pinna carnea
Reef squid Sepioteuthis sepioidea
Slender chiton Stenoplax floridana
Florida fighting conch Strombus alatus
Milk conch Strombus costatus
Queen conch Strombus gigas
Fighting conch Strombus'pugilis
Hawk wing Strobus raninus
Speckled tellin Tellina.listeri

Arthropods
Snapping shrimp Alpheus spp.
cleaning shrimp Lysmata intermedia
Spiny lobster Panulirus argus
Pink shrimp'. Penaeus sp.
Pederson's cleaning shrimp Periclimenes pedersoni
Slipper lobster Scyllarides nodifer
Squilla Scruilla sp.
Banded coral shrimp Stenopus hisvidus
Snapping shrimp Synalpheus SPP-
Star-eyed hermit crab Dardanus venosus
Sponge crab Dromidia sp.
Blue crab Callinectes sapidus
Stone crab MeniRpe mercenaria
Spider crab Mithrax sp.
Hermit crabs Paguristes spp.
Hermit crabs Pagurus spp.
swimming crabs Portunus spp.
Decorator crab Stenocionops furcata
Arrow crab Stenorhynchusseti cornis

Echinoderms
Agassiz's sea cucumber Actinopyga agassrizi
Furry sea,cucumber Astichopus multifidus
Basket starfish Astrophyton muricatum
Sea star Astropecten spp.
Sea biscuit Clypeaster rosaceus
Long-spined sea urchin Diadema antillarum
Boring urchins Echinometra spp.
Slate-pencil urchin Eucidaris tribuloides
Sea cucumber Holothuria floridana
Brittle star Ophiocoma echinata
Ophioderma sp.
Bahama (cushion) starfish, Oreaster reticulatus

Chordates (Tunicates)
Ascidea sp.
Didemnum, amethysteum
Styela sp.
Symplegma-sp.

VERTEBRATES
Fishes
Doctorfish Achirurqus sp.
Blue tang Achirurg]as coeruleus
Cardinalfishes Apogon spp.
Trumpetfish Aulostomus maculatus
Orangespotted filefish Cantherhines Pullus
Filefishes Monacanthus spp.
Jacks Caranx spp.
Queen angelfish Holacanthus ciliaris
Gray angelfish Pomacanthus arcuatus
Blennies Paraclinus spp.
Gobys Gobiosoma spp.
Microgobius spp.
Herrings Clupeidae SPP-
Bermuda chub KyPhosus sectatrix
Slippery dick Halichoeres bivittatus
Yellowhead wrasse Halichoeres granoti
Hogfish Lachnolaimus maximus
Clown wrasse Halichoeres maculiloinna
Puddingwife Halichoeres radiatus
Bluehead wrasse Thalassoma bifasciatum
Schoolmater snapper Lutianus apodus
Lane snapper Lutianus synagris
Gray snapper Lutlanus, griseus
Yellowtail snapper Ocvurus chrysurus
Spotted goatfish. Pseudupeneus maculatus
Sergeant major Abudefduf saxatilis
Damselfishes Pomacentrus spp.
Porkfish Anisotremus virginicus
Tomtate Haemulon aurolineatum
Smallmouth grunt Haemulon Chrysargyreum.
French grunt Haemulon flavolineatum
Spanish grunt Haemulon macrostomum
White grunt Haemulon plumieri
Bluestriped grunt Haemulon sciurus
Atlantic spadefish Chaetodipterus faber
Parrotfishes Scarus spp.
Sparisoma spp.
Bluelip parrotfish Cryptotomus roseus
Emerald parrotfish Nicholsina usta
Cubby Equetus umbrosus
Reef croaker Odontoscion dentex
.Hamlets Hypoplectrus spp.
Nassau grouper Epinephelus atriatus
Black grouper Mvcteroperca bonaci
Grass porgy Calamus arctifrons
Whitebone porgy Calamus leucosteus
Great barracuda Sphyraena barracuda
Pufferers Canthigaster spp.
Pipefishes Syngnathus spp.
Lined sea horse. Hippocampus erectus

Reptiles
Atlantic ridley turtle Lepidochelys kempi
Atlantic hawksbill turtle Eretmochelys imbricata
Loggerhead turtle Caretta caretta caretta
Green turtle Chelonia mvdas midas

Mammals
Atlantic bottle-nosed dolphin Tursiops truncatus

(Opersko, 1973; Opresko, et al-. , 1916; Schmall and Tilmant',
1980; Zischke IN Multer, 1977; Voss, 1976; Jaap, 1984; Voss,
1988 and Kaplan, 1982)

Q. DESIGNATED SPECIES

one of the more intrinsic values of the Card Sound Aquatic
Preserve area. is the habitat provided to large numbers of
endangered, threatened and species of . special concern. The
land and water areas around the Sound are refuge for a diverse
group of designated plants and animals that have been
extirpated or excluded from the sprawling metropolitan area to
the north and are under intense pressure from loss of habitat
or disruption of feeding, nesting and resting areas.
overharvesting, landclearing, coastal construction, dredging,
ditching, pesticides and the. introduction of exotic plants and
animals have contributed to the decline of many of these
species and will continue to stress recovery capabilities for
most of them. The identification and protection of designated
species and their habitat shall be a major function of this
management plan and future management of the preserve.

1. Designated Plan ts

Many of the plants in south Florida and the Florida Keys are
of West Indies origin. Most are@ at the extreme northern limits
of their distribution and must compete with other subtropical
and temperate vegetation. Natural selection has favored
dominance of the West Indian vegetation in the Keys because of
lower rainfall and warmer temperatures (Tomlinson, 1980). The
tropical hardwood hammocks of Key Largo contain more than 30
species of threatened, endangered or commercially exploited
plants species. Six additional species are associated with
transitional and mangrove wetlands in the Keys and on the
mainland shoreline.

Designated plant species are given minimal protection by state
statutes. Although plants are listed, there are no enforcement
measures to restrict the destruction of species on private
lands. Monroe County provides some protection through
development requirements that reduce density and clearing in

high quality hammocks or by requiring mitigation for the
destruction of designated species through transplantation or
replacement (Monroe County, 1986). Much of the transplantation
is done without regard for the physiological requirements of
the plants or the receiver site conditions (e.g., shade
adapted specimens placed in full sun or those requiring moist,
acidic soils placed in sterile, quarried, fine crushed oolitic
limestone) (Personal observations). Revegetation with nursery
grown plants from the mainland is similarly a less desireable
alternative than preservation of the indigenous genetic stock.

Explosive growth and development have eliminated much of the
tropical hardwood hammocks in the Keys. Proposed development
for north Key Largo would have allowed approximately 3,500
residential units in addition to the existing development
(Monroe County, 1989). Endangered and threatened hardwood
hammock species, or small colonies of these species are
generally dispersed randomly throughout a hammock. This
'clumping' is often overlooked by those who clear land for
development. This practice may eliminate an individual or an
entire colony of an.already limited species.

Preservation of t he West Indian tropical hardwood hammocks on
north Key Largo is a primary objective of the Key Largo
Hammocks State Botanical Site administered by the Florida
Department of Natural Resources through the Division of
Recreation and Parks. Approximately 2000 acres of primarily
undeveloped woodlands have been purchased through the
Conservation and Recreational Lands Program and negotiations
are continuing on additional -parcels (FDNR, 1990 (a)) . Smaller
tracts of hammock are also protected within the Crocodile
Lakes National Wildlife Refuge and on several of the Keys
within Biscayne National Park. Table 6 provides a partial
species list of plants considered to be endangered, threatened
or commercially exploited.

TABLE 6

FLORAL SPECIES OF THE CARD SOUND AQUATIC PRESERVE AREA
THAT ARE DESIGNATED AS ENDANGERED, THREATENED
OR COMMERCIALLY EXPLOITED

Common.Name Scientific Name Status
FDA USFWS

Tamarindillo Acaci a choriophylla E
Golden leather fern Acrostichum aurem E
'Giant leather fern Acrostichmu danaeifolium T
Bird's nest speenwort Asplenium serratum E
Strap fern Campyleneurum phyllitidus T
Prickly apple cactus Cereus gracilis E UR
Dildoe cactus Cereus pentagonus T

Satinleaf Chrysophyllu olivaeforme E
Balsam apple Clusea rosea E
Coconut palm Cocos nucifera T
Geiger tree Cordia sebestena E
Dollar orchid Encyclia boothiana E UR
Clamshell orchid Encyclia cochleata T
Butterfly orchid Encyclia tampensis T
Beach creeper Ernodia littoralis T
Redberry stopper (ironwood) Eucfenia confusa T
Red stopper Eugenia rhombea E
Wild cotton Gossypium hirsutut E
Lignumvitae Guaiacum sanctum E
Manchineel 'Hippomane mancinella T
White ironwood Hypelate trifoliata T
Rockland morning glory Inomoea tenuissima T
Joewood Jaccruinia kevensis T
Sea lavender Mallotonia gnaphalodes E
(= Tournefortia gnaphalodes)
Polypody fern Microgramma heterophylla T
Hand fern ophioglossum palmatum E UR
Prickly pear cactus Opuntia compressa T
Prickyl pear cactus Opuntia stricta T
Golden polypody fern -Phlebodium aureum* T
Mahogany mistletoe Phoradendron rubrum E
Whisk fern Psilotum nudum T
Ladder brake fern Pteris longifolda T
Bay cedar gu'riana maritima E
West Indian mahogany Swietenia mahogani T
Florida thatch palm Thrinax floridana C
Brittle (Keys) thatch palm Thrinax microcarra -C
Relexed wild pine Tillandsia balbisiana T
Twisted air plant Tillandsia circinata T'
T.Daucifolia)
Wild pine or air plant Tillandsia fasciculata C
Banded wild pine Tillandsia flexuosa T
Needle-leaved air pla-nt- Tillandsia setacea T
Wormvine (vanilla) orchid Vanilla barbellata E-
Shoestring fern Vittaria lineata T

Note:
FDA==Florida Department of Agriculture and consumer services
(list published in Preservation of Native Flora of
Florida Act, Se-ction 581.185-187, Florida Statutes).
1990.
E = Endangered
T = Threatened
C = Commercially Exploited

USFWS==United States Fish and Wildlife Service (list published
in List of Endangered -and Threatened Wildlife and Plants,
50 CFR 17.11-12).
E = Endangered
UR,= Under review for federal listing-

2. Designated Animals

Designated wildlife of the Card Sound area includes a diverse
group of terrestrial and aquatic animals. Those of the upland
areas include two rodents, two snakes, a tree snail and a
butterfly. Management of habitat for these species is provided
by other programs and they will not be discussed here.
Published literature. on the Key Largo woodrat and Key Largo
cotton mouse is provided by Sherman, 1955; Hersch, 1981;
Barbour and Humphrey, 1982 and Goodyear, 1985. Distribution of
the various color phases of the Florida tree snail have been
published by several authors, including Young, 1960. Published
distribution and research findings for the Schaus swallowtail
butterfly is provided by Emmel, 1986 (a) . * Like the hammocks
that these animals inhabit, they are threatened by
development, poaching, fires and exotic introductions. The
Schaus swallowtail butterfly.is especially vulnerable to the
aerial application of insecticides for mosquito control. Table
7 includes all endangered, threatened and species of special
concern that may occur in the Card Sound area.

The avifauna of the area represents the largest group -of
listed species. All except two species on Table 7 are
dependent upon wetlands for their survival. The Little blue
heron, Snowy egret, Reddish egret, Tricolored (or Louisiana)
heron, and the Roseate spoonbill are currently listed as
species of special concern. These colonial nesters were easy
prey for the plume hunters of the early part of the century.
Entire rookeries were annihilated as plume hunters killed the
adult birds in breeding plumage and left chicks to die. As the
demand. for plumes declined, the real estate boom began in
south Florida. Thousands of acres of wetlands were drained
for agriculture and residential development. Depleted
breeding stocks and ever vanishing habitat brought these
species and others to the brink of extinction. Loss of
habitat, water management practices on the mainland, and the
introduction of pesticides into the food web may still
compromise the survival of many.

The Southeastern snowy plover is a summer visitor to our
shores and shallow-water wetlands but does not nest here
(Wofenden, 1978). This threatened species has suffered
decimation in many of the Caribbean countries. Excessive
hunting pressures and destruction of habitat are instrumental
in population declines (Arendt et al., 1979; Wiley, 1979).

The White-crowned pigeon, a threatened species., is hunted for
sport and food in many of the Caribbean countries. Excessive
hunting pressures, egg collecting and removal of tropical
hardwood forests have seriously depleted resident populations
in at least two countries. Cooperative agreements, closed
seasons and complete protection in several areas have slowed
the decline of this species. Populations in Florida are

protected from hunting but efforts must continue to stem the
loss of tropical hardwood trees that the pigeon depends on for
food. Poisonwood (Metonium toxiferum) is a favored food
during the fruiting period. As the name implies, this tree
has certain- toxic properties that irritate sensitive human
skin (and may cause more severe complications for
hypersensitive persons) It is frequently eradicated from.
human environs. Other less objectionable hammock trees and
shrubs, such as, Pigeon plum '(Coccoloba diversifolia),
Snowberry (Chiococca alba), stoppers (Eugenia spp.), Wild
coffee (Psychotria nervosa) and wild figs (Ficus spp.) are
also staple foods. However, few of these plant species are
given explicit protection under local landclearing ordinances.
The pigeon feeds in the hammocks and nests in the more remote
mangroves. It is sensitive to human activity or disturbance
in both areas (Robertson and Kushlan, 1974; Sprunt, 1986).

The endangered Peregrin falcon is 'a winter visitor to the
area. -Pesticides in the food chain were instrumental in the
decline of this raptor. Elimination of certain insecticides
and -reintroduction of the falcon are proving successful in
reestablishing this species in the former range. Perched upon
utility wires or hovering over open areas, it can overtake and
capture other birds in midflight. It may be encountered in
variety of habitats from September to May (Snyder, 1978)..
open-water piscivorous birds include the endangered Bald eagle
and the threatened Eastern brown pelican. The eagle population
has suffered a 50% decline over the.last 30 years. Florida
populations have dropped from 1,000 to less that 350 breeding
pairs (Robertson, 1978). Eagles are not known to nest in the
preserve but suitable feeding habitat may attract an
occasional visitor.

The Eastern brown pelican has suffered a similar fate on a
national level. A massive die-off in Texas and Louisiana
during the 1960's prompted the federal government to list the
pelican as an endangered species until 1984. It appears that
local populations have remained fairly stable and the pelican
has been deleted from the endangered category. It is now
considered to be a species of special concern' in Florida.
There are 19 breeding colonies of brown pelicans in the Keys.
This represents 38% of the Florida population (Schreiber,
1978). The pelican prefers more remote mangrove areas for
nesting and will often join other colonial species.

The Osprey, which is now listed as a species of special
concern in the Keys, may well reach threatened status if
populations continue to decline. The locally limiting factors
are th'ought to be availability of suitable nesting habitat and
adequate food during the nesting season. The osprey is
tolerant of human occupation but like the eagle, prefers
large, dead trees that rise above the surrounding canopy for

nesting. Hurricanes and landclearing have removed many of
these suitable trees and the osprey has opted for nesting on
utility poles and elevated platforms. The possible addition
of artificial nesting platforms is being investigated as a
means to encourage more osprey nesting. Continued.protection
of mangrove rookeries and the mangrove/ detr itu s food chain are
vital for the eagle, pelican, osprey, and the many wading
birds that depend upon fish and marine invertebrates for food.

The marine turtles have suffered depredation similar to that
described for the wading birds. Overharvesting, egg. collecting
and entanglement are global problems for all marine turtles.
Nest predation, boat collisions, beach alteration, shoreline
lighting, and illegal harvesting of eggs and adults are
continued impediments to survival for Florida populations.

The Atlantic green turtle was once a mainstay to local
fisherman. Shortly after the turn of the century, most of
these turtles had been eliminated from local waters. It feeds
in marine grassbeds.

The endangered Atlantic hawksbill may be observed occasionally
in-hardbottom areas'and feeds extensively on marine sponges.
The. highly endangered Atlantic ridley turtle's specialized
nesting habits have subjected this turtle to excessive egg
collecting, slaughter and drowning in shrimp nets. The world
population is estimated to be 3,000-5,000 females (Lund,
1978). The ridley is only an occasional transient in the
preserve.

The Atlantic leatherback, a large, typically oceanic turtle is
.occasionally sighted in nearshore waters of the Keys but would
only occasionally or accidentally enter the shallow waters of
the Sound. The threatened Atlantic loggerhead turtle is
observed frequently in the preserve. Loggerheads utilize a
variety of habitats including mangrove creeks and marine
grassbeds (Odum et al., 1982; Zieman, 1982) . The loggerhead is
the most common turtle in nearshore waters and is the most
frequently recorded nesting species in Florida.

The preserve represents critical habitat for the endangered
American crocodile. Populations in the Caribbean and South
America are heavily hunted for hides. Steady declines of
Florida population resulted in the crocodile being placed on
the endangered species list in 1975. Protective status does
not appear to have slowed the decline of this species. The
Florida crocodile population is estimated to be 100-400 adults
with approximately 20 nesting females (Ogden, 1978; Moler,
1991). Loss of habitat, altered drainage patterns, boating
traffic and human habitation of the shoreline are limiting
factors. Low reproductive success from predation or
environmental factors that affect hatching are also suspected

to be instrumental in low recruitment numbers (Ogden, 1978;
Lutz and Dunbar-Cooper, 1982).

Crocodile nesting is primarily limited to Everglades National
Park, Barnes Sound and the canals at Turkey Point power plant.
Both juvenile and adult animals frequent all areas of the
preserve (Moler, 1991).

The endangered West Indian or Florida manatee is a frequent
visitor to the preserve. Individuals and small pods or groups
forage over'large areas. consuming vast quantities of -marine
grasses. Warm water temperatures prompt immigration of larger
numbers of manatees into the area during the winter. Sightings
of manatee are in boat basins and marinas. offerings of food
and. fresh water will often entice the manatee to linger in
these areas for longer periods. This practice should be
strongly discouraged, as it increases the manatee's exposure
to danger from boats. @Although there are no designated
"manatee areas", boaters should be cautious and reduce speed
when manatees are in an area. Heavy penalties are imposed for
harassing or negligently injuring or killing this highly
endangered species.

In 1989, 167 (of the estimated 1,1464) manatees died -in
Florida. Fifty (30%) of those deaths were the result of boat
and barge collisions. Another 3% were killed by, other man-
induced problems, such as entanglement in nets and lines and
being crushed by water control gates. Prolonged cold weather
and other natural causes also contribute to.high mortalities
(FDNR, 1990 (b)).

Qualitative information on marine fishes and invertebrates are
conspicuously absent from the literature. Of those listed,
only the Common snook (Centropomus undecimalis) has been
extensively studied. This species is a prized.sport and food
fish and has suffered serious population declines throughout
Florida in the past decade. overharvesting, degradation of
mangrove and grassbed habitats, and degraded water quality-or
a combination of these factors may have been instrumental in
the decline. Insecticides are also implicated (EPA, 1981).
These fish are extremely sensitive to cold weather. Cold shock
results in large numbers of fish lying lethargically ih
shallow waters where they are subject to predators and
poaching. Snook populations have shown some indications of
increasing in the last three years. Continued protection,
closed seasons and research are needed to ensure this trend.

only a few marine invertebrates have been designated for
protection. State law (F.S. 370.110) prohibits the taking of
hard corals (Millepora spp. and the Scleractinia) and two
species of sea fans (Gorgonia ventalina and G. flabellum) from
state waters. The long term effects of harvesting, degraded
water quality and other disturbances upon marine invertebrates

is at best poorly understood. As research and distribution
studies continue, other species may eventually be'added to the
lists.

The concern for an individual endangered species may prompt a
concerted effort for preservation and has proved successful in
a limited number of cases. The Peregrin falcon and the
Alligator are such examples. Other efforts have proved only
marginally successful. The Florida manatee has benefited from
designated sanctuaries but the steady growth of recreational
power boats still imperils this slow moving siren throughout
it's limited range. Much the same situation exists for the
American crocodile, the Bald eagle and many other species. The
onslaught of human populations, development in the coastal
zone and water use priorities leave little hope for many of
these animals. Designated refuges and preserves, stringent
-laws and a "conservation ethic" are possibly all that separate
them from extinction.

TABLE 7

FAUNAL SPECIES OF THE CARD SOUND AQUATIC PRESERVE
AREA THAT ARE DESIGNATED AS ENDANGERED, THREATENED, OR
SPECIES OF SPECIAL CONCERN

Common Name Scientific Name Status
FGFWFC USFWS

INVERTEBRATES
Schaus swallowtail butterfly Heraclides aristodemus E E
Florida tree snail Liquus fasiatus SSC
Small star coral Montastrea annularis
Large star coral Montastrea cavernosa
Starlet coral Siderastrea siderea

FISH
common snook Centropomus undecimalis SSC
Rivulus Rivulus marmoratus SSC
Key blenny Starksia starcki SSC

REPTILES
Atlantic loggerhead turtle Caretta caretta caretta T T
Atlantic green turtle Chelonia mydas Tnydas E E
American crocodile Crocodylus acutus E E
Leatherback turtle Dermochelys coriacea E E
Eastern indigo snake Drymachon corais couperi T T
Atlantic hawksbill turtle Eretmochelys i. imbricata E E
Atlantic ridley turtle Lipidochelys kempi E E
Miami black-headed snake Tantilla oolitica T UR

BIRDS
Roseate spoonbill Ajaja alaia SSC
Southeastern snowy plover Charadrius alexandrinus T UR
White-crowned pigeon Columba leucocephala T UR
Little blue heron Egretta caerulea SSC
Reddish egret Egretta rufescens SSC UR
Snowy egret Egretta thula SSC
Louisian or Tricolor heron Egretta tricolor SSC
Perefrine falcon Falco peregrinus E T
Southea'stern kestrel Ta-1co sparverius Paulus T UR
Bald eagle ii-aliaeetus leudocephalus T E
Wood stork Mycteria americana E E
Osprey Pandion haliaetus SSC
'Eastern brown pelican Pelecanus occidentalis SSC
Least tern Sterna antillarum T
Roseate tern Sterna dougallii T

MAMMALS
Key Largo wood rat Neotoma floridana smalli E E.
Key Largo cotton mouse Peromyscus gossypinus
allipaticola E E
West Indian manatee Trichechus manatus
latirostris E E

'Notes:
FGFWFC==Florida Game and Fresh Water Fish Commission, 1990.
(list published in Section 39-27.03--05, Florida
Administrative Code)
E = Endangered
T = Threatened
SSC = Species of Special Concern

USFWS==United States Fish and Wildlife Service (list published
in List of Endangered and Threatened Wildlife and,
Plants, 50 CFR 17.11-12).
E = Endangered
T = Threatened
UR = Under review for federal listing

Rare and Endangered Biota of Florida. P.C.H. Prichard,
Series Editor. Vo. 1-6 University Presses of Florida,
Gainesville, FL, 1978. (Species listed are considered as
Threatened.)

H. HISTORIC AND CULTURAL RESOURCES

The maritime environment has played a very important part in
the historic and cultural makeup of this small geographic
area. From the ancient to the modern, most interests in the
,area have been turned toward the hospitable climate and the
commerce of the.seas.

The earliest human residents were the various.tribes or clans
of American' Indians that traversed the nearshore waters and
rivers of the region in dugout canoes. Evidence-suggests that
these tribes settled near the coast to exploit the abundant
fish, turtles and mollusks. Shells and bones provided tools,
vessels and ornament. Large shells were shaped for cutting and
digging. Primitive agriculture and gathering of wild foods and
fibers were facilitated with these tools. Bones were fashioned
into fish hooks and implements. , Clay pottery and stone
implements were also common, indicating established trade
systems with other tribes and nations to- the north, Large
kitchen middens and burial mounds are all that remain to -mark
the passage of these cultures (Tebeau and Carson, 1965).

The Tequesta tribe occupied the area of Biscayne Bay when the
first Europeans explored the *American coast. The Calusa
Indians from the west coast were believed to have interacted,
often violently, with. the Tequestas. other smaller tribes,
principally the Matecumbes, also defended small settlements in
the Keys (Bullen IN Tebeau and Carter, 1965).

The native Indian I s - occupation of the area was short lived
after the Spanish made landfall in the west. bisease, warfare
and capture were believed to have decimated Indian populations
in less than. 200 years. Early explorers included Ponce De Leon
who navigated the peninsula in the early 1500's and was
reported to have sailed into Chequescha Bay (Biscayne Bay) in
1513. Small Spanish missions were later established in St.
Augustine and in the panhandle of Florida. Spanish explorers
are believed to have landed in the area to secure water and
provisions for the long journeys between the Caribbean islands
but Indian hostilities prevented permanent settlements in
south Florida. Spanish domination of the state lasted until
1763 (Bullen IN Tebeau and Carter, 1965).

In 1763, Florida was traded to the English for the city of
Havana which the English had captured the year before. It was
traded back to the Spanish in exchange for the Bahama islands
and was later ceded to the fledgling government of the newly
founded United States in a treaty agreement in 1821 (Chapin,
1914).

The somewhat sketchy but colorful exploits of the pirates who
plundered the treasure laden ships of the Spanish fleets were
also to become an indelible page in the south Florida history.

Fast boats, shallow water and miles of tangled mangrove creeks
gave the pirates ample opportunity to attack the ungainly
galleons, and retreat to comparative safety. Reprisal was
forthcoming when the new U.S. Navy dispatched the West Indies
Squadron (locally referred to as the Mosquito Fleet) under the
direction of Commodore David Porter. This fast fleet of
shallow draft boats pursued the pirates to their hiding places
and eventually ousted.them, from the area. Descriptive.names,,
such as Caesar's Creek, remain to note their passing use of
the area.

By the early 17,00's many of the Spanish missions in north
Florida had been abandoned. Creek, Oconee and Yamasee Indians
from Georgia and the Carolinas raided settlements as far south
as Cape Florida. The newly named Seminoles (meaning renegades
or runaways) were joined by runaway slaves. Attempts to move
the Indians to reservations in the west resulted in bloody
warfare when a ruling chief was taken prisoner. The Seminoles
waged war against the whites from-1832 until '1842. Disbanded
and demoralized, the survivors retreated to the depths of the
Everglades (Morris, 1989; Chapin, 1914). The estimated 3,600
Seminole and Miccosukee descendants now live on four
reservations in south Florida'(Morris, 1989).

Ft. Dallas, the site of modern Miami was established in 1830.
In the 1870 Is -there were regular steam ship routes between New
York. and Key West. Other parts of the Keys and the Miami River
area were reached by small shallow draft ketches and sloops.
By 1880 there was regular mail service to the area (Chapin,.
1914).

The 1900's brought many changes to both the culture.and their
utilization of the areas natural resources. A chain of
lighthouses on the reef edge guided vessels on a safer course.
Blight and. more productive ports in Cuba soon usurped the
agricultural markets and declining numbers of turtles and
sponging grounds severely limited those industries as sources
of subsistence in the Keys. Motorized vessels and improved
fishing methods were to become the basis for an ever expanding
fishery. The warm climate, tropical environment and cheap land
brought hundreds and then thousands of new settlers. to south
Florida.

In .1910 the city of Miami boasted a population of 5,500. By
1913 the local -newspaper reported a resident population of
14,000 and an additional 25,000 people in the winter months.
The Dade County (which included what is today Broward County)
population was estimated to be.11,933 (Chapin, 1914).

The Florida Keys population was an impressive 21,563 in 1910.
All except 2,000 resided in Key West (Chapin, 1914). Key West
was a major port and commerce center by this time, with
sponges, cigars and turtles representing a large proportion of

the export goods. The U.S. navy had established a base there
and the city had been a port of entry for salvage (or
wrecking) operations since 1822.

Settlement* in other parts of the Keys included Bahamian
fisherman and malcontents from the Carolinas after the Civil
War. These settlers harvested the sea and farmed sinall-plots
of limes and pineapples. Welcome windfalls of goods from the
cargos of unfortunate sailing ships that were dashed upon the
treacherous reefs often supplemented basic nedds and more
often produced luxurious oddities. Pewter tableware and fine
linens or silks occasionally adorned the driftwood shanties of
coastal dwellers (Carter, 1976; Eyster, 1987).

Massive efforts were under way to drain and dredge the
Everglades and Lake Okeechobee by 1881.. Proponents of these
projects sighted the availability of rich muck soils on which
to expand agricultural and livest -ock interests. A system of
canals,would link the lake with the Atlantic and the Gulf to
shorten navigation routes from east to west. Opponents to
these projects were concerned about climate changes created by
draining wetlands. They feared that massive drainage would
move the frost line south of established citrus farming areas.
Proposals also did not appear adequate to drain the-land well
enough for agricultural use, and a properly designed system
,would cost much more than the amount budgeted. Others were
concerned that peat muck soils, once dried, were highly
susceptible to fires that would affect large areas (Chapin,
1914). Under increasing demands for new development and
commerce, these projects moved ahead, as did dredging new
channels across upper Biscayne Bay.

Henry Flagler's railroad was the first land route to the south
Florida region. Hotels were established along its route so
that northern visitors would have accommodations and comfort.
By 1912 the Florida East Coast Railroad was opened to Key
West.. The Keys portion of the railroad was replaced with a
-roadway and bridges after it was heavily.damaged by the Labor
Day Hurricane of 1935. The Overseas Highway would accommodate
ever increasing numbers of tourists and fisherman to the area.
Coupled with the tropical climate and year round abundance,
both tourism and fisheries flourished (Martin, 1949; Dean,
1982).

CHAPTER IV

REGIONAL LAND USE, DEVELOPMENT AND ASSOCIATED IMPACTS

In one decade Florida has become the fourth largest state with
a population of more than 12 million people. This represents
a 31% increase since 1980 (Hoffman, 1991). As our population
expands, increasing pressures are placed upon governments,
services, infrastructure, and the natural resources 'that
contribute to the quality of life in the state and region.
This chapter of the management plan will discuss regional land
usef local development and associated impacts to natural
resources of the aquatic preserve.

An important component of the aquatic preserves program and
management functions will be' to balance the needs for
recreation, residential, public works projects and other human
activities with the need to maintain the functional integrity
of natural systems and resources. Cooperation and coordination
with regional and local planning staffs, property owners and
local governments are seen as an avenue to communicate the
preserve's goal to maintain the aesthetic, scientific and
biological resources for the enjoyment of present and future
generations.

A. REGIONAL LAND USE AND DEVELOPMENT

The south Florida region may be interpreted to include a
variety of locations. or *features depending upon: political
subdivision, county lines, geological formations, climate,
watershed or any number of other natural -or artificial
boundaries. For purposes of this discussion, the south
Florida region will include Monroe, Dade, Broward, Palm Beach,'
Hendry, Glades, Charlotte, Lee, and Collier counties. This
delineation is based upon their proximity to, the aquatic
preserve. All counties except Glades and Hendry, which are
principally agricultural lands, are coastal areas with
substantial population densities. The south Florida region
encompasses one-third of the state's total-population. Three
of the 10 fastest growing metropolitan areas in the United
States are within this region (Hoffman, 1991). Table 8
contains current population figures for the noted counties.

From 1970 to 1980 populations increased at rates of 50% or
more in all south Florida counties, except Dade and Monroe.
Charlotte, Collier and Lee counties experienced growth rates
of 112%, 126%, and 95%, respectively during that time period.
The 1980's witnessed more conservative growth in some areas.
However, once again, with/the exception of Dade and Monroe,

counties, all others more than doubled their previous 1970
densities (Sheryen, 1990).

TABLE 8

1989 POPULATION ESTIMATES BY COUNTY FOR SOUTH FLORIDA

COUNTY POPULATION RANK IN STATE

DADE 1,873,078 1
BROWARD 1,242,448 2
PALM BEACH 865,50-7. 3
LEE 324,520 11
COLLIER 144,721 22
CHARLOTTE 99,214 26
MONROE. 78,966 .33
HENDRY 26,138 45
GLADES' 7,765 64

TOTAL POPULATION 4,662,357

(Adapted from Florida Statistical Abstract, Sheryen, 1990)

Land use in south Florida is principally dedicated to
agriculture, tourism, residential, commercial, maritime and
military activities.

The south Florida mainland. is attractive to a variety of
agricultural industries. The warm climate and irrigation water
provide year round crops of sugarcane, fruit and vegetables.
Ornamental foliage plants and flower crops also compete for
national and world markets. Large areas of the Kiss *immee and
Okeechobee Basins and the East Everglades have been drained
for livestock grazing. Beef--and dairy cattle are major
commercial products.

Biscayne and Florida Bay waters have historically provided
recreational respite from the more heavily developed urban
areas along the east coast of Florida and the northeastern
states. Interstate road systems and international airports
connect the metropolitan area with the region and the world.
The area attracts millions of tourists each year, second only
to Orlando in total,visitors to the state (Sheryen, 1990).

Many who visit the area decide to' stay, spurring the
development of new residential and commercial facilities.
During 1988 Dade and Monroe counties issued 2,323 permits for
new single family homes. During the same time period, 3,715
multi-family residences were permitted. In 1989, permits were

issued for 5,013 multi-family units in the two counties
(Sheryan, 1990).

For tourists and residents, the marine environment is the
major attraction in the region. Diving, snorkeling and fishing
are favorite pursuits involving the use of private or
commercial boats. In 1988-89, 136,538 p .leasure boats were
registered in Dade, Monroe, Broward and Palm Beach counties
(Sheryen, 1990).

From earliest recorded history, the area has been important to
maritime interests. European trade routes and Caribbean basin
traffic have linked the Keys and south Florida with the world.
Port Everglades, Miami and Key West continue that tradition.
They are major points of cultural and economic exchange.
Cruise ships and tours provide additional access for the
millions of tourists who visit the area annually. Miami is the
largest cruii.-e ship port in the-world.

Fisheries were one the '.primary enticements to the early
explorers and settlers of the area. Sponges, turtles,
finfish, conch and spiny lobster supported many families and
entire villages in some areas. All but protected turtles and
queen conch are still a mainstay to the local commercial
fisheries. Although this industry employees a relatively small
proportion of the population, it is probably the fourth most
important.industry in the-Keys and contributes a substantial
boost to the Dade County economy. Table 9 provides currently
available landings statistics for selected Dade/Monroe
commercial fisheries. This table reflects the annual landings
for species that are heavily dependent upon estuarine
conditions during part or all of their life cyc@les.

Local commercial sponging has undergone an unprecedented
resurgence following the collapse of the Mediterranean
sponging industry. Products are used in the manufacturing,
medical and cosmetic industries. Most sponges are taken in the
shallow waters of the Bays and Sounds in the area. Sponges are
harvested with hooked poles from small boats. Calm, clear
water conditions aid the harvesters to visually locate and
hook the sponge. Sponge landings in Dade for 1989 were 2.16,281
pounds with an estimated value of $ 1,148,452. Sponge landings
for Monroe were 298,550 pounds with an estimated value of $
1,585,301. Landings for Monroe and Dade represented 66% of the
state landings with Pinellas County contributing 34%. Monroe
landings exceeded those for Pinellas by more than 31,000
pounds (FDNR/MFIS, 1990).

Table 10 provides a comparison of the commercial sponge
fishing landings for the Dade/Monroe area for 1984 and 1989.
During that five year time period there was a 98% increase in
pounds of sponges landed, while average , price per pound
declined by 59% during the same time period. (Average price

per pound in 1984 was $9.19. Average price in 1989 was $5.31
per pound.) (NMFS, 1986; FDNR/MFIS, 1990). The decline in
price may be attributed to glutted markets, inferior quality,
and/or small sizes of sponges harvested.

Economies are also stimulated by the facilities and services
related. to recreational fishing and accommodations for
participants from throughout the region. In 1985, recreational
fisheries accounted for 14,101 pounds of fish landed in Monroe
County with a commercial retail value of $11,677 (Brooks,
1989). Monetary value of goods and services related to the
fuel, provisions, bait, accommodations and other services
rendered to this diverse group of sportsman is more difficult
to extract but is considered to be worth several million
dollars annually to local economies.

Geographically and historically, the region has been a
strategic location for national security interests. The U.S.
Navy, Coast Guard and Air Force maintain several facilities on
the mainland and. in the Keys.. Flight training and aerial
reconnaissance are routine activities that may potentially
affect the aquatic preserve should there be an accident. Local
populations and economies are also influenced by the presence
of these facilities. Goods and services, as well as housing
and other industries are stimulated by the additional
population. Many of the retired staff remain to become
permanent residents after service.

TABLE 9

PRELIMINARY SUMMARY OF COMMERCIAL LANDING DATA FOR SELECTED
SPECIES FOR DADE AND MONROE COUNTIES.
1989

DADE MONROE
SPECIES POUNDS VALUE + POUNDS VALUE +

Bait fish 14,629 $ 1,463 124,926 $ 12,493
Mullet 28,238 10,166 202,713 72,977
Sea trout 2,349 2,537 32,583 35,190
Man. snap.* 10,639 14,788 355,905 494,708
Stone crab 34,814 176,.507 1,617,860 8,202,550
Lobster 310,538 944,036 5,535,309 16,872,339
Bait shrimp 191,283 671,403 45,051 158,129

TOTALS 592,490 $1,820,900 7,914,347 $25,848,386

(+ Based upon average price per pound paid statewide)
(* Mangrove snapper)
(Adapted from FDNR, 1990 unpublished data)

TABLE 10

COMPARISON OF SPONGE LANDINGS IN DADE AND MONROE COUNTIES
1984-1989

YEAR COUNTY POUNDS LANDED ESTIMATED VALUE
1984 DADE 17,334 $ 142,258
1989. DADE 216,281 1,148,452

1984 MONROE 23,017 228,844
1989 MONROE 298,550 1,585,301

(Source: NMFS/SEFC, 1986; FDNR/MFIS, 1990)

B. LOCAL LAND USE AND DEVELOPMENT

A major portion of the land area adjacent to Card Sound
Aquatic Preserve is undeveloped or is developed with low
density commercial and residential use.. A prima 'ry restraint to
development in this area is the lack of dry, fast substrate.
Approximately 98% of the undeveloped shoreline is forested
with mangroves. Most of this land is now in public ownership.
Figure 4 provides an overview of existing land uses adjacent
to the preserve.

For purposes of this management plan, adjoining uplands will
be limited to five categories 'based upon type and intensity of
existing use. Designations do not reflect any particular
zoning or planning area districts as applied by Monroe or Dade
County government.

Low Density Residential: Low density residential will
include properties and facilities intended for private
use and which have a density of less than
4 units per acre. Three small islands in and adjacent to
the preserve fall within this category. Broad Key has a
single residence with two staff cottages, a small dock
and covered boat house. Linderman Key has a single
residence, guest cottage and dock. Pumpkin Key is
developed with a residence, staff housing, multi-slip
dock, and conditional county approval for 15 additional
residential units.

High density residential: High density residential will
include-areas with a majority of'the units at a density
of 4 or more units per acre. Two improved subdivisions
are located on the north end of Key Largo. Ocean Reef
Club and Angler's Club are exclusive residential
facilities with commercial and recreational improvements
for the use of members and guests. Ocean Reef Club

maintains a private air strip, fire department, sewerage
treatment plants, medical facility, security staff and
large commercial marina. Both facilities also provide
private dockage for residents and guests. Angler's Club
is principally multi-family residential with a sewerage
treatment plant, marina and recreational amenities.

Commercial/Utility: Commercial and utility projects are
grouped, as potential for intensity of use is similar.
Utility activity is confined to two small areas ' of
shoreline on the west side of the Sound and is associated
with utilities service and water management activities.

Although not considered an appropriate or approved land
use, a. small portion of the shoreline at the southwestern
boundary of the preserve is used for transientmooring,
residential and commercial fishing purposes. Since
structures and activities involved with this use are not
authorized and are occurring on public right-of-way,.the
use is recognized but the shoreline will. not be mapped
for this activity.

Public Right-of-way: The right-of-way for Card Sound Road
(C-905A) transits the southern boundary of the preserve.
Activities involved would include maintenance and
improvements of the roadway, bridge supports and the
utility pilings within the right-of-way.

Undeveloped: The undeveloped areas category will include
those lands that are mangrove and transitional wetlands
and/or mangrove islands. As noted, much of this'land is
in public ownership. The majority of those lands still in
private ownership on north Key Largo are identified for
purchase though the C.A.R.L. fund for- inclusion in the
Key Largo H 'ammocks State Botanical Site which currently
contains approximately 2,000 acres. Other parcels are
identified for purchase by the USFWS for inclusion in the
Crocodile Lake National Wildlife Refuge which currently
contains approximately 6,522 acres (Holle, 1991).
Undeveloped wetlands on the mainland shoreline are
targeted for purchase as part of the 29,643 acre Save Our
Rivers plan developed by the South Florida Water
Management District.

The purchase, of additional undeveloped lands has been
identified as necessary to: .1) protect sensitive wetlands
that are vital to the 'health and productivity of the
region; 2) protect valuable and very limited habitat for
endangered and threatened species and; 3) maintain the
aesthetic and biological qualities of one of the more
pristine areas in south Florida. To this end, purchased
lands are typically managed to maintain or restore their
natural condition, where feasible.

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C. ASSOCIATED.IMPACTS

As an ecological unit the south Florida region is often
characterized as the Kissimmee-Okeechobee, Everglades-Florida
Bay-Coral Reef system. Water quality, accumulation, aquifer
recharge, retention, dispersal and use are the common elements
that unite this region. Water needs of agricultural and urban
development must be balanced with the need to maintain or
restore quality, quantity and periodicity of water flow to the
larger environmental complex 'and for aquifer recharge.
Pollution, depletion, flooding, drought, salt water intrusion,
alteration or loss of environmentally sensitive wetlands, and
priority of use are ongoing issues that must be addressed by
the public and various management entities within the region.
Because these systems are interconnected, the impacts to one
part of the system will eventually impact all of the system,
depending upon severity and/or duration. The aquatic preserve
lies 'down stream' of this complex system.

Agricultural activities place demands upon the regions three
most precious resources; space, soil and water. The use of
pesticides.and fertilizers pollute soils and degrade water
quality. Peat soils (Everglades muck) are easily eroded and
quickly depleted of nutrients. Nutrient depletion requires
larger amounts of fertilizers to maintain production or the
land is abandoned for new areas for cultivation. Abandoned
lands are typically reclaimed by noxious exotic plants or
developed for more intense use.

Pastures, feed lots and dairy yards accumulate tons of animal
wastes that enter surface waters as raw nutrients. Nutrient
pollution is a mounting problem in Lake Okeechobee and the
east Everglades. Massive algal blooms in the lake are common
during the summer 'months. Depressed dissolved oxygen levels
and fish die-offs usually follow. Natural wetland communities
are being replaced with monotypic stands of cattails (Typha)
and melaleuca (Melaleuca quinquenervia) in areas of the
Everglades. These less productive monocultures have limited
value to wildlife and have displaced hundreds of acres of more
desirable habitats.

As previously noted the extensive drainage and flood control
construction have forever altered much of the natural water
movement and storage capabilities of the once vast wetland
systems of south Florida. During the summer rainy season,
large volumes of water must be pumped through drainage canals
and water control structures to prevent flooding of
agricultural and residential lands to the north. Much of this
water is directed to Biscayne Bay, Card Sound and Barnes
Sound. While farm lands are protected from floods, lowered
water levels in the Everglades threaten vegetation and
wildlife. The large pulses of freshwater that enter the often
hypersaline bays and sounds drastically alters water chemistry

and dissolved oxygen levels. Massive mortality of marine
organisms has resulted from this practice. Implementation of
the Biscayne Bay and Everglades SWIM plans will address many
of these impacts.

Local activities that af f ect resources of the preserve include
increased use by boaters, land development, mosquito control,
and commercial harvesting of marine organisms. Increased use
by boaters for fishing,,diving, snorkeling and transient use
stress certain resources of the preserve and in some cases
will require new or, revised evaluations,of the compatibility
of these activities with the long term conservation of
biological and aesthetic values for which the preserve was
established. Maintenance of water quality, listed species
habitat, viable fisheries, healthy benthic communities and a-
quality recreational experience may be adversely affected by
excessive numbers or types of activities in the relatively
small area of the preserve. At the minimum, a system of
monitoring the types and intensity of use must be established
to analyzethese impacts.

Commercial and residential land development may impact the
quality and utility of the preserve. . Excessive or poorly
planned development can negatively impact water quality,
vegetation, listed species, and the biological and aesthetic
qualities for which the preserve was established. Monitoring
of these activities and active participation in local planning
efforts are seen-as one avenue of addressing these-concerns.
Fish larvae, as well as marine and terrestrial invertebrates
are extremely sensitive to Batex and malathion. These
insecticides are used or have been used for mosquito control
applications on north Key Largo. Malathion use was
discontinued on north Key Largo in 1971 because mosquitos were
exhibiting increased resistance to the insecticide. Baytex is
applied with fogging trucks on north Key Largo and
manufacturer's labeling warns of toxicity to fish and
wildlife. Aerial application is typically confined to the
inhabited areas of Ocean Reek and Angler's Clubs. Careless,
excessive or poorly timed applications may potentially impact
resources of the preserve. The endangered Schaus swallowtail
butterfly is extremely sensitive to most insecticides (Emmel,
1986 (b)).

All species of corals, one millepora (fire coral) and two soft
corals (gorgonians) are protected in state waters. The taking
of other gorgonians, tropical. fish, mollusks, crustaceans,
anemones, and other invertebrates is less stringently
regulated4 Permits are required for these activities but
monitoring and regulating collectors is difficult, if not
impossible, given the broad geographic extent of the state's
marine waters. There are approximately 60 firms in south
Florida that are involved in marine life and live rock

collecting. One f irm. in the Keys estimated that they export
80,00b pounds of live rock per year. The live rock industry is
predicted to expand by 10-15% each year (Young, 1989).

Liverock harvesting from state waters was banned in 1990,
although harvesting is still allowed in federal waters.
collecting is conducted by both professional and amateur
aquarists, often with little regard for established size and
bag limits or consideration for non-target species when
pursuing specimens. Overharve sting is also a potential
problem. Intensive collecting of 'a single species may
eliminate that species from an area. The ecological
repercussions are problematic but each organism fills a
particular biological niche and mass alteration of community
structure would affect other organisms that interact with the
target species (e.g. predator/prey, parasitic, symbiotic, and
.mutualistic relationships) (Wheaton, 1989).

Commercial harvesting of sponges raises similar questions.
Sponges perform an important function in.removing particulate
matter and nutrients from the waters of the bay and sound.
Repeated harvesting of certain species and size ranges (5 inch
or greater) eliminates a portion of this function as well as
other biological relationships, including reduction of habitat
for smaller organisms, such as juvenile lobster and shrimp.
Additional research on the processes - and functional
contribution of marine hardbottom organisms is imperative to
understanding the compatibility of this activity in the
preserve.

Major impacts to the marine grassbed community in Card Sound
Aquatic Preserve are associated with human activities. Direct
removal of grassbeds by prop scouring and channel dredging are
most noticeable. Although the single prop scar may be
comparatively insignificant, the cumulative impact -from
repeated scaring, which is evident neai@ the tidal creeks and
the ICW are of concern. Zieman (1976) estimated recovery for
these areas may take from 2-5 years and the natural recovery
process may be further inhibited by rechanneling and increased
erosion;

Dredging (and the spoiling of material) permanently eliminates
grassbeds in most cases. Continual turbulence from prop wash
and erosion of dredged channels inhibits re-colonization
efforts. Material eroded from spoil banks may blanket nearby
grassbeds and wave agitation resuspends- fine sediments
creating turbidity in the water column.

The cumulative effects of docking facilities must also be
considered. Docks interrupt light penetration and "shade out"
vegetation. As with prop scaring, the individual site may be
insignificant but is compounded when the total area influenced
(by all facilities) is tabulated. The loss in primary

productivity must then be multiplied by the I'dock life" to
comprehend the possible net loss in biological productivity
over several years or decades.

Septic leachate, injection well seepage, agricultural effluent
and upland run-off contribute excessive nutrients (and other
forms of pollution) to marine communities that are adapted to
a low nutrient (oligotropic) existence. A typical scenario for
this type of pollution incident would progress from a dramatic
population-increase in'opportunistic algae and phytoplankton
followed by corresponding increases in zooplankton. . The
oligotrophic community is stressed by the increased turbidity
and chlorophyll in the water column or blanketing of the
organisms with films of aggressive bluegreen algae. Reduced
levels of dissolved oxygen (as a result of decaying material
and microbial respiration) depress photosynthetic rates in
grasses (Hammer, 1968) and may be lethal to the animals that
inhabit this community.

Detection of non-point sources of nutrient pollution is often
difficult given the. highly variable physical and chemical
parameters of both the effluent and the community being
studied. But recent and future technological improvements' and
additional research (and monitoring) may well scientifically
validate the general assumption that all nearshore
environments are subjected to measurable amounts of pollution
from these sources when in close proximity to poorly planned
development.

Manipulation of hydrological cycles may also have dire ef 'fects
upon established grassbeds. Constricted tidal flow or the
abrupt introduction of. large volumes of freshwater alter
preferred salinity and temperature. Turtle grass is most
tolerant of salinities from 24-34 ppt. Abrupt or prolonged
alteration of ambient salinity would unduly stress or destroy
established beds. Water manageinent practices on 'the mainland
are most likely to influence salinity during floodwater
release into the Sound or adjacent water bodies.

Thorhaug et al., (1972) documented the effects of thermal
stress upon turtle grass and associated algae in the Card
Sound and Turkey Point area preceding development of the
cooling, canals for the power plant. Their study found that
naturally higher water temperatures (> 29 degrees C) during
summer may suppress normal production of turtle grass. When
temperatures were elevated 5 degrees C above ambient water
conditions near the effluent canal, blue green algae became
dominant and turtle grass' and associated algae virtually
disappeared.

Although the cooling canals have been redesigned to eliminate
the thermal impacts, caution is warranted in regard to
accidental discharge of.this or other sources of thermally

polluted waters. The effects of global warming trends are also
a potential threat to the survival of marine grassbeds.

Other potential sources of pollution that would affect marine
grassbed communities in the Sound include the effluent
generated by desalinization or reverse osmosis plants. The
salt removed from the sea water is typically returned directly
to the surrounding water by surface discharge or indirectly
through seepage from shallow well injection sites. water
salinity in the zone of influence would greatly exceed the
optimum conditions for turtle grass (24-34 ppt) and associated
organisms.

The value of 'marine grassbeds -cannot be evaluated by any
monetary formula presently available. The comparatively high
cost and relatively low, success of restoring or mitigating
damaged grassbeds has been discussed. Further research and
experimentation are to be encouraged'in hopes of discovering
more successful and cost efficient methods of replanting
damaged areas and encouraging expansion of marine grassbeds.
However, the preferable alternative to costly and often futile
restoration is to protect this dynamic and productive resource
from further-damage. To achieve that goal, preservation and
protection of marine grassbed communities shall be a priority
in the designation of management areas and the management
procedure and policies in Chapters V and VI. of this plan. Many
of the other impacts identified in this section of the
management plan will also be elaborated upon in the following
chapters.

CHAPTER V

MANAGEMENT AREAS

A. INTRODUCTION

This chapter divides the Card Sound Portion of Biscayne Bay
Aquatic Preserve, into separate management areas and delineates
the general or spec 'ial rule criteria for allowable uses (e.g..,
activities and structures) associated with each area. Each
management area is classified by the value of natural and
cultural resources (e.g., types, occurrence) on submerged
lands adjacent to the differing types of upland use (e.g.,
residential, commercial).

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 a preserve, (3) to provide local planners with a
guide for land use decisionst' and (4) to provide both the
staff of the Bureau of Submerged Lands and Preserves and other
agencies a continuity of direction in the management of this
segment of -the preserve. 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 I 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 the state-owned
submerged lands in areas which have exceptional biolog 'ical,
,aesthetic, and scientific value ... be set aside forever as
aquatic preserves or sanctuaries for the benefit of future
generations."11 The program has jurisdiction over the use of.
state-owned submerged lands within the boundaries of a given
preserve. Activities which occur outside the boundaries of an
aquatic preserve or which do not directly affect state-owned
submerged lands are not within the jurisdiction of the Aquatic
Preserve Program (e.g. , adjacent upland uses, regulation of
commercial fishing).

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
principal dif terence is *that uses of the submerged lands
within an aquatic preserve must be shown to be "in the public
interest", before they can be authorized.

Those submerged lands within the Intercoastal Waterway (ICW)
and the associated easement shall be excluded from the
provisions of the established management areas as provided for
in Chapter 258.40(2), F.S. All other submerged lands, whether
state owned or privately owned are included within the
boundaries of the preserve (Chapter 258..397(2)(p), F.S., and
are thus included within the designated management areas.

B. MANAGEMENT AREA CLASSIFICATIONS

A key component of the management program f or any aquatic
preserve is the division of the preserve into management
areas. The classification of management areas in an aquatic
preserve is based upon the resource value of submerged lands
within the preserve associated with existing and future land
uses on the adjacent. uplands as designated. in the local
government comprehensive plan(s). As in the delineation of
upland uses through zoning, the delineation of a preserve into
management areas is two-fold: (1) -to identify areas of public
and private uses, and (2) to provide standards with-which
proposed uses and activities must comply. The intent -of these
management area classifications is to make potential
development activities compatible with resource protection
goals.

Designated or existing land uses are incorporated into the
classification of management areas because use of the adjacent
uplands has a direct bearing on the intensity of demand for
uses of adjacent submerged lands. As mentioned earlier,- the
Aquatic Preserve 'Program has. no jurisdiction over the
designated use of the adjacent uplands. The incorporation of
a designated land use into the management area classification
is simply an acknowledgement of a local government's decision
as to how a specific upland area can be developed. Specific
land uses to be incorporated in the clas.sification of
management areas include:

Single-Family (SF) : This category represents state-owned
submerged lands adjacent to land with existing si 'ngle-
family residential use. It is intended to include areas
using the adjacent portion of the preserve solely for
private recreational activities.

Multi-Family (MF): This category represents state-owned
submerged lands adjacent to land with existing multi-
family residential use. It is intended to include areas
where more than one private residence are using the
adjacent portion of the preserve solely for private
recreational -activities. The associated resid 'ences may
include townhouses, condominiums, apartments, and any
other group of multi-family dwellings. This category may
also include a group of single-family property owners

(i.e. homeowners association) that may propose to use
submerged lands for the mutual benefit of the group.

Commercial-Utility (CU) : This category represents state-
owned submerged lands adjacent to land with existing
commercial utility use. The category is also intended to
incorporate uses associated .with structures that charge
fees or generate revenue. Examples of commercial uses
include: marinas, restaurants, bait shops, or yacht
clubs that charge membership fees. Utilities include
those privately owned utilities and easements adjacent to
or over submerged lands.

Public Land (PL): This category represents state-owned
submerged lands adjacent to land designated on a future
land use map or an existing conditions map as highway
right-of-way, native area, environmental protection,
preservation, or conservation. It'is intended to include
(1) areas where structures may be used by the general
public at no charge and (2) federal, state, and local
-facilities that may charge a minimal fee. certain'
properties, while not always open to the public, are
included in this category since they are .often designated
as public lands and are administered or managed by public
agencies.

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 shall be consistent with the latest
methodology approved by the Bureau of Submerged Lands and
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 111". A PRPA essentially combines Resource-.
,Protection Areas 1 and 2, as defined in Sections is-
20.003(31), and 18-20.003(32), F.A.C.

Submerged areas that are characterized by the absence of the
above resource attributes will be identified as a Secondary
Resource Protection Area (SRPA) and assigned a resource value
of 112". A SRPA is a Resource Protection Area 3 as defined by
Section 18-20.003(33), F.A.C.

As stated previously, resource values are to be incorporated
into the classification of management areas. For instance, if
a subm *erged 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
this segment of the preserve. These minimum criteria,
provided by the noted chapters of the Florida administrative
Code (F.A.C.) apply to the uses and activities designated for
each management area.

criteria more restrictive than those listed in- Chapteics 18-20,
18-21, and 18-18, 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 required more restrictive criteria, then
this special management area would be classified as SP/la.
Rationale and recommendations for management designation' will
be included for those special management areas.

C. MINIMUM CRITERIA FOR ALLOWABLE USES

Chapter 18-20, F.A.C., provides the minimum standards with
regard to the utilization of submerged lands for structures
within an aquatic preserve as authorized by the Board of
Trustees and DNR.

It should be noted that other regulatory agencies rules-and
jurisdictions over activities may also apply within aquatic
preserves. The minimum standards for each allowable use are
detailed below. Where provisions of this chapter may conflict
with those in Chapters 18-18 and 18-21, F.A.C., the more
stringent of the two shall prevail.

All Dock Structures: Section i8-20.004(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 particular 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 all owed
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.

Private Residential Sinctle Docks: Section 18-20.004(5)(b),
F.A.C., states that private residential single docks, ' as
def ined 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.

In the interests of clarification, the term "private
residential single docks" refers to those docks associated
with single-family residences that are used for private
recreational purposes.

Private Residential Multi-slip Docks: Section is-
20.004(5)(c), F.A.C., states that private residential multi-
sl ip docks, as def ined by Section 18 -2 0. 0 0 3 (2 4) , F. A. C. , shal 1
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 pursua 'nt to Section 258.42 (3) (e) 1,
F.S., while dredging in Resource Protection Area 3
SRPA) shall be strongly discouraged;

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

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

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

6. finger piers shall not exceed three 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 Docking 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. 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;

4 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;

5. 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;

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

7. marinas shall not be sited within state designated
manatee sanctuaries;

8. 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
facil *ity may be considered, but 'only upon demonstration'that
such exceptions are necessary to ensure reasonable riparian
ingress and egress.

Section 18-21.0041(l), F.A.C., the Florida Keys marina and
Dock Siting Policies and Criteria establish - specific
conditions applied to all applications for leases, easements
or consent to use sovereignty submerged lands in Monroe County
for multi-slip docks, whether residential or commercial. This
section further states the following General Policies and
Specific Criteria shall be used in developing recommendations
to approve, approve with conditions or deny the use of state-
owned sovereignty submerged lands for multi-slip docking
facilities.

(a) General Policies - special attention and consideration
shall be given@to the following;

1. the proximity to and potential adverse impacts on any
rare, threatened or endangered species, or species of
special concern, or their habitat, or on any portion of
the entire Florida Reef Tract and other corals, including
but not limited to those in the John Pennekamp Coral Reef
State Park, Key Largo National Marine Sanctuary, Looe Key
National Marine Sanctuary, and Everglades National Park;
and

2. eliminating any adverse impacts on wetla*nd or
submerged vegetation or benthic communities; and

3. requiring adequate tidal flushing and/or circulation;
and

4. maintaining or enhancing water quality at levels
within or above State water quality standards; and

5. requiring adequate water depths to avoid dredging and
other bottom disturbance; and

6. requiring consistency and conformity with local
government land use plans, zoning, and other-land use or
.development regulations; and

7. requiring consistency with Chapters 27F-8, 27F-9, 27F-
10, 27F-11, 27F-12, 27F-13, and 27F-15, Florida
Administrative Cod 'e, as amended, "Principles for Guiding
Development in the Florida Keys Area of Critical State
Concern." Should any of these provisions conflict with
the Sovereignty Lands Management Rules, the Board shall
advise staff which provision shall take precedence.

(b) Specific-Criteria

1. There. shall be 'a moratorium on the approval of all
leases of state-owned submerged lands for multi-slip
docking facilities from Tea Table Channel north to the
Monroe County Line. This moratorium shall be maintained
until rules are adopted for the currently proposed
Florida Keys-Monroe County Aquatic Preserve or the
revised Monroe County Comprehensive Plan with marina
siting policies is adopted, whichever occurs first.

2. No-docking facilities shall be approved which require
either dredging or filling to provide Access by canal,
channel, road, or-any other means. This restriction shall
also apply to widening or deepening any existing canal or
channel, but not to regular maintenance dredging of
existing canal, basins, or channels, providing such
maintenance -does not exceed currently acceptable water
depths.

3. Water depth requirements. Docking facilities shall
only be approved in locations having adequate water
depths in the boat mooring, turning basin, access
channels and other such areas to accommodate the proposed
boat use.

a. A minimum water depth of -4 (minus four) feet
mean low water shall be required.

b. Greater depths shall be required for those
facilities designed for, or capable of,
accommodating boats having greater than a 3 (three)
foot draft, so that a minimum of one foot of
clearance is provided bet 'ween the deepest draft of
a vessel and the bottom.

c. These depth requirements shall also apply to the
area between the proposed facility and any natural
or other navigation channel, inlet or deep water.
Where necessary, marking of navigational channels
shall be required. At the Board's discretion, the
conditions of the lease may stipulate the number,
lengths, drafts and types of vessels to be moored in
a facility.

4. Requirements of the size.of the dock.

a. No dock shall be approved if its length exceeds
500 feet, unless the Board determines that it is not
contrary to the public interest.

b. No dock shall be approved if its length preempts
in excess of 20% of the width of - the af f ected
waterbody.

c. No dock for the use.of a private residence, which
is not subject to obtaining a lease, shall exceed
f our (4) feet in width. Such a dock may have a
terminal platform the total area of which shall not
exceed 160 feet, and the width of which shall not
exceed eight (8) feet.

5. A specific lease condition for any new or expanded
docking facility for 10 or more boats will be that the.
leasee shall maintain water quality standards as provided
by Chapter 403, Florida Statutes. To assure 'compliance,
the leasee shall maintain a water quality monitoring
program approved by the Department of ' Environmental
Regulation. Water quality data will be per .iodically
reviewed by the Department of Environmental Regulation..
In the event that water quality violations occur and
water quality standards provided by Chapter 403, Florida
Statutes are not maintained, the leasee will be given
written notice to correct the problem. Such notice shall
require any problems or violations to be corrected within
120 days, or less in the case of severe violations, or
demonstrate to the Board's satisfaction that the
violations are caused by other than the docking facility,
or associated activities on the adjacent riparian
uplands, including stormwater runoff. If the leasee is
the cause of the violations, and does not correct the
problem within the specified.time, then the lease shall
be subject to cancellation by the Board with the
resultant removal of the docking facility and other
structures within the lease area.

6. In the -reviewing applications for new docking
facilities or expansions to existing facilities,
'attention shall be given to identifying ways to improve,

mitigate or restore adverse environmental impacts caused
by previous activities. This may include filling in over
dredged areas in order to make them a depth acceptable
for propagation of benthic biota, restoring wetland or
submerged vegetation, improving circulation,. installing
sewage pump-out facilities, or marking navigational
channels. Such mitigation or restoration may be required
as a condition of approval for new or expanded
facilities. marina development shall be encouraged to
locate in already developed or disturbed areas.

7. In addition to the threshold specified by Section 18-
21.005(1) (b) , Florida Administrative Code, all applicants
proposing docking facilities designed to moor 10 (ten) or
more boats shall be required to obtain a lease.

8. All applicants will be required to provide
documentation to show that there is an economic demand
for- the number of boat slips requested, if the n 'umber
requested is not consistent with the Department's
Projections of.Marina Needs for Monrde County.

9. No applicat 'ion to lease. state-owndd sovereignty
submerged lands for the purpose of providing multi-slip
-docking facilities shall be considered for approval
unless there are no benthic communities present where the
boat mooring area, turning basins, mooring piles or other
structures are to be located, excepting any main access
docks required to cross benthic communities to reach
acceptable areas. This shall not preclude them from
applying for consent to use state owned submerged lands
for the purpose of using the minimum amount necessary to
obtain reasonable ingress and egress.

10. The Board may grant special consideration to the
approval of leases or other consent to use state lands
for projects which are approved by the Department of
Community Affairs which are for the purpose of furthering
the commercial fishing village or commercial fishing
enterprise zone concept.

Lease or Transfer of Lands: Section 18-20.004 (1) (b) , F.A.C.
states that there shall be no further lease or transfer of
sovereignty lands within an aquatic preserve unless such
transaction is in the public interest. Section 18-20.004(2),
F.A.C., specifically defines the public interest test (see
Appendix'A for a copy of Chapter 18-20, F.A.C.).

Section 18-18.006(3)(b), F.A.C., of the Biscayne Bay Aquatic
Preserve rule further states that there shall be no further
use, sale, lease, or transfer of interests in sovereignty
submerged lands unless an applicant affirmatively demonstrates
sufficient facts to support a finding by the Board that an

extreme hardship exists for the applicant at the time ' the
application is filed; that the use, sale, lease or transfer of
interest and the project planned in conjunction with the use,
sale, lease or transfer of interest is in the public interest;
and that the project planned in conjunction with the use,
sale, lease, or transfer of interest is consistent with these
rules and management plans when developed for the preserve.

Section 18-18.004(11), F.A.C., defines extreme hardship as a
significant burden unique to the applicant and not shared by
property owners in the area. Self-imposed circumstances caused
to any degree by actions of any person subsequent to the
enactment of the Act shall not be construed as an extreme
hardship. Extreme hardship under this act shall not be
construed to include any hardship which arises in whole or in
part from the effect of other federal, state or local laws,
ordinances, rules, or regulations. The term may be inherent in
public projects which are shown to be a public necessity.

Section 18-20.004(l)(e), F.A.C., states that a lease,
easement, or consent' of use may be authorized only for 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.

Utilitv Easements: @ection 18-20.004(3)(c), F.A.C., states
that utility cables, pipes, and other such structures shall be
constructed and located in a manner that will cause minimal
disturbance to submerged resources (e.g., I seagrass beds,
oyster bars) and do not interfere with traditional uses. it
.will be the policy to place additional utilities into
designated corridors or existing easements within the Card
Sound Portion of Biscayne Bay Aquatic Preserve..

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 not recommend spoil
disposal onto a PRPA within the Card Sound Portion of Biscayne
Bay segment of the aquatic preserve. Exceptions to this
criteria may be granted where beach quality sand is
transferred and deposited onto shoreline beaches as part of an
.approved beach-restoration management plan.

(The above lease, easement, or. consent of use criteria for
spoil disposal, utility easements and activities are stated in
substantially similar language within Section 18-18.005 and
18-18.006, F.A.C.)

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.

Ramps: 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.

For the purposes of this plan,,the following conditions will
apply: (1) the Intracoastal. Waterway (ICW) is exempt from
aquatic preserve rules and regulations, pursuant to Section
258.42, F.S.; and (2) certain activities are generally
permissible in all management areas. These activities include
shoreline stabilization, maintenance dredging of existing
channels, and maintenance of channel markers. Where
appropriate to protect environmental resources, certain
conditions or restrictions may be placed on these types of
activities. For example, seawalls in some locations may be
discouraged, and riprap may be required to be placed along a
seawall in order to provide additional habitat.

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.

D. MANAGEMENT AREAS

in this section, each management area is delineated with
boundaries, descriptions, and allowable uses. Specific
criteria and supporting rationale for each special management
area are also provided.' Due to changes that may occur from
the rezoning of adjacent uplands and altering biological
conditions on submerged lands, the final decision on
approving, modifying or denying uses of the submerged lands
within the preserve will be made based on field surveys and
assessments of project 'sites. Figure 5 is a map of all
management areas within the Card Sound Portion of Biscayne Bay
Aquatic. Preserve. The purpose of providing this map is to
give some g eneral guidance and an understanding of where the
management areas lie within this area.

Some management areas may have a specific activity occurring
within' that is not reflective of the overall upland.use. As
an example, a parcel consists of a multi-family dock with
single-family homes adjacent to extensive seagrasses. The
multi-slip facility may have preceded the aquatic preserve
designation; therefore, it would be unreasonable. to remove the
facility. Facility expansion and/or commercial-type
activitiesf however, will hot be allowed in this management
area because of the presence of seagrasses and/or the upland
zoning restrictions. In such cases, the specific activity
will be recognized as a "non-conforming use". This term
simply recognizes the specific activity as such and is not to
be interpreted as a termination of vested rights should a
change in ownership occur nor does it.imply that future non-
conforming uses will be-allowed.

MANAGEMENT AREA SF11
(single-family/primary resource protection.area)

Boundaries: This management area will include. all submerged
lands adjacent to existing upland parcels that are now
developed or may be developed with single-family residential
uses. It includes submerged,lands adjacent to privately owned
uplands of ocean Reef Club on north Key Largo, Linderman Key,
Broad Key, Anne Key, Little Anne Key, Black Swan Key, and Palo
Alto Key in Monroe County.

Description: The submerged area Iis characterized by mixed
grassbeds and hardbottom associations. Hard corals are also
present. The shoreline is typically vegetated with mangroves.
The Ocean Reef Club shoreline has been stabilized with rip-rap
or bulkheads. In water structures are limited to single-family
docks.

Linderman Key has a small dock. Broad Key has a small dock and
a covered boat house. The structures on these islands predate
the designation of the preserve. The boathouse will be
considered a non-conforming use.

Allowable Uses: Private residential single docks, piers and
utility easements.

MANAGEMENT AREA MF/2
(multi-family/secondary resource protection area)

Boundary: This management area iincludes those submerged lands
adjacent to the Angler's Club shoreline on north Key Largo and
the. southern shoreline of Pumpkin Key. Existing uses at
Angler's Club include two multi-slip docks, a rip-rap
jetty/breakwater, pilings, navigation aids and concrete
bulkhead. The boat basin to the south is accessed via a
dredged channel and has a non-navigable circulation channel a
few hundred feet to the north. This management area
designation applies to only the existing preempted area.of the
.docking facility, dredged channel, breakwater and a 25 foot
buffer adjoiningthese disturbed areas. The remaining riparian
shoreline is included within the SF11 management area.

The management area boundary on the Pumpkin Key shoreline
includes the leased areas for the multi-slip dock and the rip-
.rap breakwaters.

Description: Submerged lands adjoining* the undisturbed
shorelines exhibit mixed grassbeds and hardbottom
associations. Hard corals are also present. Areeis within the
Angler's Club marina and jetty/ breakwater are significantly
disturbed. Areas within the Pumpkin Key management area are
moderately disturbed.

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

MANAGEMENT AREA CU/1
(commercial-utility/primary resource protection area)

Boundary: This management area includes the existing utility
corridor along the Card Sound Road right-of-way at the
southern boundary of the preserve.

Description: The existing over head power lines are supported
by concrete pilings. The submerged lands-are mixed hardbottom
and marine grassbeds.

Allowable Uses: Utility easements (in designated corri dor).

MANAGEMENT AREA CU/2
(commercial-utility/secondary resource protection area/
special management area)

Boundary: Submerged lands immediately adjacent to the. Land
Company Canal (a.k.a. Sea Dade Canal) and the Turkey Point
Canal (a.k.a. Grand Canal) are included within this management
area.

Description: Shoreline vegetation has been severely impacted
by dredging and spoiling of material in the vicinity of the
two canals. Erosion of spoil sediments is associated with the
Turkey, Point Canal. Submerged resources include degraded mixed
hardbottom and marine grassbeds.. Both are impacted by
siltation, episodic freshwater input, and deep dredged
channels associated with the canals. This area is critical
habitat for the highly endangered American crocodile. . The
endangered Florida manatee also frequents the area.

Allowable Uses: Utility easements.

Rationale: All other uses that would encourage boating traffic
in the vicinity will be discouraged. Protection of critical
habitat for the crocodile and security interests of the
utility are recognized as a priority in this area.

Recommendations: Investigate potential for shoreline
stabilization with grading and mangrove planting. Investigate
potential for back filling canals and channels to -5 water
depth to encourage grassbed coloni z at ion.' These issues will be
further discussed in Chapter VI.

MANAGEMENT AREA PL/I
(public lands/primary resource protection area)

Boundary: All submerged lands adjacent to the Key Largo
shoreline including all tidally connected creeks not otherwise
included in the SF11 and MF/1 management areas. This
management area also includes all of the submerged lands
adjacent to the entire Dade County shoreline with the
exception of the Land Company and Turkey Point Canals, which
will be included in the commercial/utility management area.

Description: Submerged lands are mixed grassbeds and
hardbottom associations. Shorelines are undisturbed' mangroves.
ownership and management of these lands are principally
delegated to federal and state governments. One short section
of the Key Largo shoreline is currently owned by the Audubon
Society. All.lands on the Key Largo shoreline are designated
Native Area by Monroe County. Those on the Da.de shoreline are
designated conservation.

Allowable Uses: Utility easements (in' designated
corridors) public works projects including the Card Sound Road
right-of-way, public docks meeting the single-family
residential dock criteria, and ramps.

MANAGEMENT AREA OW/1
(open water/primary resource protec tion area)

Boundary: All remaining submerged lands within the preserve
with the exclusion of the ICW corridor.

Description: Submerged lands are typically mixed hardbottom
and marine grassbed associ-ations. Extensive areas of the algae
Laurencia and hard and soft corals are also present. The
abundant algae is valuable habitat for juvenile spiny lobster.

Allowable Uses: Utility easements (in designated corridors).

100

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Pumpkin Key
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102

CHAPTER VI

-SITE SPECIFIC-MANAGEMENT ISSUES AND NEEDS

The f irst part of this chapter' deals with management issues
involving sp .ecific activities, as opposed to permitted
structures, that directly affect.the biological integrity of
the Card Sound Portion of Biscayne Bay Aquatic Preserve. The
issues that are specific to this area include, but are not
limited to: increasing watercraft traffic, damage to submerged.
resodrces, damage to *emergent resources, protection of
designated species and their habitat, protection of bird
feeding and resting areas, research needs, acquisition of
environmentally sensitive lands,- boundary extension, and
e.nforcement. Other issues may arise as future use intensifies
and these will be identified as they develop.

The second part of this chapter establishes management
initiatives -for these issues. These management initiatives are
intended to provide additional management direction and
supplement those set forth by Chapter 258, F.S., Chapters 18-
18, 18-20, 18-21, F.A.C., and Chapter IV of this plan.

A. MAINAGEME14T ISSUES AND SPECIAL NEEDS

1. INCREASING WATER TRAFFIC

Logically, the numbers and types of watercraft within any
given b 'ody of water must be compatible with the available
spate and existing, water depths. Two * areas in the preserve
present potential safety problems. Most traffic in the
preserve consists of boaters in transit from north to south in
the ICW or to the Atlantic via Broad and Angelfish Creeks.

Traffic to and from Ocean Reef Club and Angler's Club via
Angelfish and Broad Creeks include a large variety of vessel
sizes, some of which may exceed forty feet in length and four
to six feet in draft. The areas on either side of Broad and
Angelfish Creek channels are extremely shallow and much
favored by small boat fisherman. Fast moving boats have
limited- visibility while traversing certain sections of the
creeks. Anchored boats may obstruct navigation if they are
anchored in the deeper parts of the creek channels.

At the preserve's southern boundary, Steamboat Creek is
utilized by smaller boats as a protected shortcut between Card
Sound and Barnes Sound. The other creeks that are bridged by
the Card Sound Road are also used by smaller boats. Traffic in
the creeks can be heavy as smaller boats bypass the more

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congested ICW. Boats in the creeks are usually not visible
until they are abreast of one anotheri The potential for
serious accidents is evident. (Management Initiative 1)

2. DAMAGE TO SUBMERGED RESOURCES

Damage to submerged resources is directly -and indirectl y
related to water craft use in the preserve. marine grassbeds
in several. areas have been directly impacted by propeller
scouring and dredging (prop dredging) . The ICW can accommodate
larger (25 feet or more) vessels but they must remain in the
channels through Card-, and Cutter Banks to avoid grounding.
Large boats that wander from the marked channels have damaged
areas on either side of the ICW.

Controlling depths on the Atlantic side of Broad and Angelfish
creeks are typically adequate for navigation. However, the
narrow creek channels traverse areas of -4 feet on the Sound
side. The channels and the expansive 'flats.' on either side of
the channels are marred with prop scars.

Prop dredging is also evident northeast of Card. Point. The
narrow berm in this area is used as for unauthorized camping
and is accessible only by boat. Vessels also tend to stray
from the main ICW channel at this point.

Secondary impacts to-submerged resources are also associated
with the ICW. Sedimentation from the spoil banks and prop
scouring in the channel create turbidity in the water column
that reduces sunlight to marine grasses and algae and may
smother sedentary marine organisms. The sediment suspension in
the channel is especially chronic during the winter. 'Larger
draft vessels traverse the area more frequently and winds
associated with cold fronts tend 'to keep the particles
suspended for longer periods of time. Mud trails originate in
the channels but are dispersed over a large area. (Management
Initiatives 2 and 3)

A second source of turbidity is the dredged/filled shoreline
in the vicinity of the Land Company and cooling canal outflow
on the western shoreline. Sediments are continually eroded
into nearshore waters and resuspended by wind and wave action.
(Management Initiative 4)

Long term anchor 'age of boats in the vicinity of Pumpkin Key
and Card Sound Road effectively shade submerged grasses and
algal mats. Shading reduces sunlight to the plants, stressing
or eliminating them from-an area. Several of the vessels are
used as residences. There are no publicly available sewerage
pump out facilities in either area. Preliminary water quality
sampling by Dade County's Department of Environmental
Resources Management indicate that fecal contamination may

104

occur in Card Sound (from Biscayne Bay SWIM Plan, 1989).
(Management Initiative 5)

3.- DAMAGE TO EMERGENT RESOURCES

Mangrove wetlands and beach berms are impacted by a number of
activities from exotic plant invasion to unauthorized
structures and uses. Exotic (introduced by man) plant species,
such as Australian pine (Casuarina sp.) and Brazilian pepper
(S@_-hinus terebinthifolius) , invade disturbed areas and low
beach berms to the exclusion of more desirable native plants,
including endangered and threatened species. Indigenous
wildlife are also impacted by invasive exotic vegetation.
Preferred food, shelter and nesting plants may be excluded.
The pine and pepper are poor substitutes for these
requirements. Card Point and the filled areas at the noted
canals are areas with extensive invasive exotic plants.
(Management Initiative 6).

Emergent resources of the preserve are impacted by other
activities such as camping, fires and poaching.-Unauthorized
camping in sensitive habitats impacts wildlife use of the area
and creates a public nuisance, as well as potential health and
safety hazards. Fires are also associated with camping.
Improper disposal of sewerage and wastes degrades,habitat and
water quality. The taking of indigenous plants and/or animals
(except for fishing within approved seasons and limits) on
public lands in the preserve is seen as detrimental to the
intent of establishing the preserve and Jn most cases is -
illegal. (Management Initiative 7)

4. PROTECTION OFDESIGNATED SPECIES AND THEIR HABITAT

The aquatic preserve is host to a variety of marine life and
other species that have been designated as endangered,
threatened or species of special concern. Designated animal
species are not sedentary but traverse and utilize a wide
variety of habitats. It is not always necessary, nor is it
desirable to attempt to manage for an individual species.
However, certain activities and uses are known to negatively
or positively impact a species. To the greatest degree
possible, management of the preserve will involve eliminating
or reducing negative impacts to designated species.

To some extent implementation of many of the management
initiatives that address other management issues will be
beneficial to designated species. For example, reducing speed
limits in creeks and narrow channels is beneficial to the slow
moving manatee whose numbers are severely reduced each year by
collisions with boats. Prohibition of camping on public lands
and removal of invasive exotic vegetation will enhance

105

additional nesting habitat for the critically endangered
American crocodile while restoring or preserving -suitable
habitat for many rare, endangered and threatened plant
species.

Additional areas of consideration for the protection of
designated species and colonial water birds include
preservation of existing habitat and elimination of adverse
conditions that interrupt feeding, nesting and resting
behavior. Cormorants, pelicans, osprey and bald eagles
utilized waters of the preserve for feeding. Remote islands
.and shoreline -mangroves are preferred resting and nesting
sites for these birds and the threatened white-crowned pigeon.
Some of these islands are in private ownership.

Vessel traffic in shallow waters and near the mangroves
disrupt -these activities. As individual personal watercraft
(power skis, jet boats, water taxis, etc.) become more
popular, impacts to these species may become more pronounced.
These shallow draft vessels can traverse extremely shallow
waters near shore and emit considerable noise and disturbance.
Birds flush from nests and eggs or chicks are left to ravages
of exposure during critical development periods. Adult birds
abandon feeding activities or resting sights when approached
by the vessels. Feeding success is reduced and nonproductive
activity is increased. (Management Initiatives 8 and 9)

5. IDENTIFY MONITORING AND RESEARCH NEEDS

a. Water Quality

Potential sources of water quality degradation include
effluent related to canals, live aboard vessels,. sewerage.
plants or septic tanks, reverse osmosis plants, docking
facilities and the canals - at the power plant. More remote
sources include agricultural lands, land fills and urban
development on the mainland and in the Keys.

Tidal flushing and circulation are extremely limited within
Card and Barnes Sounds. Long residence times, extreme
fluctuations in salinity and sediment deposition are phenomena
that require special consideration when evaluating activities
or projects within these areas. Water quality, sediment
quality and biological monitoring within Card Sound and Barnes
sound is imperative to gain a data base from which to assess
historic and periodic change within the various resource
components and to better understand the relationships between
the components -and the waterbodies themselves. Long term,
consistent and comprehensive data are currently not available
for these areas. Dade County's Del5artment of Environmental
-Resource Management (DERM) 'has initiated monitoring for
Biscayne Bay and portions of Card Sound. Water quality

106

sampling has indicated fecal contamination in the Sound.
Earlier sediment studies by Corcoran et al., (1984) disclosed
levels of phthalate acid esters that were higher than any
other site.in Biscayne Bay.

Coordination with other agencies to establish common sampling
parameters and establishment of a permanent funding mechanism
for similar monitoring in the Card/Barnes Sound basins and
drainage system are considered essential to maintaining the
quality and utility of the preserve and its resources.
(Management Initiatives 10 and 11)

b. Biological Resources
The biological components of. upland, estuarine" and marine
environments within and adjacent to the preserve are subject
to a variety of pressures from human occupation and
interaction with these systems. Understanding past and present
events and how they may alter the natural functions and
processes of the systems requires a complete understanding of
the organisms, their functions, and the various abiotic
processes of the environment. Additional research is needed to
facilitate this understanding and to provide effective
management of the preserve's resources. (Initiative 12)

6. ACQUISITION-OF ENVIRONMENTALLY SENSITIVE LANDS

Several parcels of submerged 1 ands have been deeded to private
interests in the vicinity of Broad and Lindeman Creeks. The
submerged parcels are adjacent to privately held mangrove
islands.-Under current local land development regulations the
Off Shore Island Land Use District may permit self contained
residential use. On.the western shoreline of the Sound there
are several mangrove islands and adjacent wetlands that are in
private ownership. Likewise, there are two parcels of
privately held mangrove wetlands on the shoreline of Steamboat
Creek at the southern boundary of the preserve. Although
development of these parcels would require intensive review by
regulatory agencies, there is potential for loss of valuable
wetlands and additional sources of disturbance to resources of
the preserve..(Management Initiative 9)

7. BOUNDARY EXTENSION

The inclusion of Barnes Sound within the preserve is seen as
a more holistic approach to management of similar
characteristics, resources and problems. This area is
currently excluded from the larger system of protected waters
in the vicinity. Issues such as, water quality, designated
species habitat, development pressures and local
jurisdictional- boundaries mandate that a comprehensive

107

management plan be developed for this area. Water quality
impacts, salinity fluctuations, poor flushing capabilities and
development 'Impacts are primary concerns. Valuable nesting
habitat for the American crocodile would also benefit from the
designation.

The wetlands to the north of Barnes Sound have been
extensively altered by past water management structures and
practices. The C-111 drainage system diverts overland sheet
flow from the wetlands and during the rainy season, pulses of
flood water are released into the Sound. Past releases have
severely shocked marine organisms and caused massive die-offs
of grassesf fish, sponges, crustaceans, and other':
invertebrates. (Management Initiative 13)

8. ENFORCEMENT

Although several federal and state agencies have
jurisdictional authority on lands and waters of the area,
staf f ing and jurisdictional boundaries often limit a
comprehensive approach to protection of the environmental
resources. Agency patrols may concentrate on designated
species or marine fisheries but overlook encroachments or
trespass on habitats that are vital to these species when
those lands are not encompassed in their jurisdictional
authority. communication, coordination and staffing are often
a hindrance to , effective management and enforcement.
(Management Initiative 14)

B. MANAGEMENT INITIATIVES

This section of the chapter contains a number of management
initiatives that address the site specific management issues
identified as being particular to the Card Sound Portion of
Biscayne Bay Aquatic Preserve. Adoption of these management
initiatives will provide specific direction for managing those
issues not addressed directly by legislated statutes or rules.
The major management initiatives for these issues include:

1. Seek appropriate agency action to reduce potential
safety hazards' in the vicinity of tidal creeks. by
posting idle speed zones and/or limiting anchorage
to those areas where the anchored vessel may be seen
from a distance of 1000 feet or more from any
approach.

.2. Reduce the impacts to submerged resources in the
vicinity of the ICW and tidal creeks by seeking
appropriate Coast Guard and Navigation District
action to periodically maintain the ICW and/or

108-

request that the U.S. Department of Commerce
(NOOA/National Ocean Service) revise navigation
chart 11451 to advise mariners of limited depth
accessibility in the ICW and Broad, Angelfish, and
Steamboat Creeks.

3. Promote recognition and appreciation of the
importance of submerged resources in providing
essential habitat and food for a variety of,
organisms essential to the biological integrity of
the preserve. This biological integrity translates
into significant economic value to this region,
especially in terms of recreation, tourism and
fisheries.

4. Reduce impacts to water quality and sediment related
problems by requesting that responsible owners
stabilize filled areas by regrading and replanting
with native wetland vegetation in the vicinity of
the Land Company and the Florida Power and Light
Company canals.

5. Reduce impacts to - water quality and benthic
communities by pursuing prohibition of live aboard
vessels and permanent mooring in the preserve except
in established docking areas with pump out
facilities and establishing time limitations on
transient mooring.

6.. Protect the integrity of habitats for indigenous
plants and animals by controlling or eliminating
invasive exotic plants on public lands. Encourage
removal of invasive exotics on private lands through
coordination with local. governments in enforcing
existing vegetation ordinances. Encourage removal of
exotics on public and private lands in the preserve
as a. mitigative option attendant to permitting,
leasing or other authorization to utilize any state
owned submerged lands in Dade or Monroe counties.

7.. Protect emergent resources by prohibiting camping
and removing unauthorized structures on public
lands. Areas with persistent problems will be
identified, appropriate signs established and
strictly enforced.

8. Protect valuable feeding, nesting and resting areas
for birds and other wildlife by prohibiting
individual personal watercraft and other motorized
vessels from operating in shallow'waters and around
rookeries by supporting appropriate rule changes to
exclude motorized watercraft from certain areas of
the preserve.

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9. Support the acquisition of privately 'held,
environmentally sensitive lands to protect
designated species habitat, tropical hardwood
hammocks, marine, and wetland resources.

10. Establish long term, uniform monitoring of water,
sediment and biological domponents of Card Sound and
Barnes Sound by supporting recommendations of the
Biscayne Bay SWIM Plan and seeking permanent funding
for these programs.

11. Participate in and support constructive efforts by
the South Florida Water Management District's
Everglades and Biscayne Bay SWIM Plans to resolve
water management practices that impact the
biological and hydrological regime within Card
Sound, Barnes Sound and the C-111drainage basin.

12. Identify, solicit and support applied research
'projects directed toward the' comprehensive
- management of water quality, designated species,
marine, and wetland resources of the preserve.

13. Protect marine resources, water quality and
designated species habitat by proposing Barnes Sound
for inclusion as an aquatic preserve and develop a
management plan for the area.

14. Pursue effective enforcement of all federal and
state laws pertaining to environmental resources by
seeking adequate Departmental staffing to provide
routine patrols of State lands and coordinate with
various other law enforcement agencies to bring
about timely and consistent resolution of
violations.

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CHAPTER VII

MANAGEMENT ACTION PLAN

This chapter establishes the guidelines which allow for the
management and protection of the Card Sound portion of
Biscayne Bay Aquatic Preserve's natural and cultural resources
for the benefit of future generations (Sect'lon 258.35, F.S.).

Before an effective program can be desig ned to manage and
protect natural resources, the function, importance, and
location of the resources must be defined. Additional efforts
will 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.

Implementation of this plan will depend upon adequate funding
and staffing to achieve the established goals for management
of the aquatic preserve. The management goals, objectives, ahd
tasks that follow should be implemented in the pXiority given,
based upon available staffing and funding provided. Budgetary
considerations and the anticipated 2 ye'ar budget for the three
aquatic preserve in the Keys is presented in Chapter IX.

In general, , the role of the management program for this
portion of the preserve includes: (1) providing information
on the ecological functions and economic importance of the
natural resources within the Sound, (2) overseeing those
activities that affect the natural resources within the Sound,
(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 Sound's
natural resources are followed and that violations are
enforced by the appropriate authorities, (5) conducting site
surveys for specific activities, (6) coordinating with other
resource management and enforcement agencies, (7) educating
the public on the inherent and economic 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 to reflect the dynamics of natural
systems and the changing needs of man and the resources. To
-achieve those ends this section of the plan establishes goals
and identifies the supportive objectives and tasks to
accomplish those goals.

A. RESOURCE MANAGEMENT

The overall goals of resource management within aquatic
preserves are: (1) conducting and maintaining current,
detail*ed resource inventories, (2) assessing the impact of
human activities on the resources, (3) establishing habitat-
restoration programs, and (4) cooperating with other agencies-
in assessing, improving and/or maintaining conditions that are
conducive, to preserving the preserve's resources and water
quality.

GOAL A.1: CONDUCT AND MAINTAIN RESOURCE INVENTORIES

Objective A. 1.1: To conduct and maintain a resource- inventory
of submerged and emergent vegetation.

Task A.1.1.1: -Conduct an inventory of marine grassbeds,
algal beds, mangroves, saltmarsh, and other shoreline
vegetation by using available satellite imagery (e.g.,
LANDSAT, SPOT, etc.), aerial photography, Loran
coordinates, and groundtruthing efforts.

Task A. 1. 1. 2: This inventory shall be conducted once
every three years.

Task A. 1. 1. 3: The database generated f rom this inventory
will be used to create and maintain biological resource
maps that will assist when assessing a proposed activity
or evaluating potential impacts from manmade or natural
events.

Task A. 1. 1. 4: These inventories will be available to
public agencies involved in resource management and land
use planning.

Obiective A.1.2: To conduct an inventory of designated
species and their habitats.

Task A.1.2.1: Conduct an inventory of, designated species
and their habitats by using data from existing
literature, managing agencies, field observations, and
current research studies, if available.

Task A.1.2.2: This inventory shall be conducted once
every three years or more often, if deemed necessary.

Task A. 1.2.3: Coordinate with appropriate management and
enforcement agencies to ensure that'preserve management
decisions and public actions or activities are compatible
with the viability and management of a species or
habitat.

112

Objective A.1.3: To conduct an inventory of wading, diving,
and migratory birds and their habitats for this portion of the
preserve.

Task A.1.3.1: Conduct an inventory of coastal waterfowl
and migratory bird species that feed, roost, loaf, and
nest in this portion of the preserve by using ekisting
literature, bird counts-, field observations, and.current
research studies.

Task A.1.3.2: This inventory shall be conducted once
every three years.

Task A.1.3.- 3: Coordinate with appropriate management,
enforcemen:E and research interests to ensure that
preserve management decisions and public actions or
activities are compatible with the viability and
management of a species or habitat.

Task A.1.3.4: Coordinate with public agencies or
conservation interests that may be conducting similar
inventorie's of species, populations, life hist ories,
migration patterns and habitat needs where mutual
benefits in knowledge and management objectives are to be
gained.

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

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

.Task A.2.1.1: Conduct a survey of all structures in the
preserve. This survey shall contain at a minimum:

a) types of structures (dock, pier, seawall, rip-rap,
piling,,mooring buoy, utility pole, etc.);
b) design of structure (width, length, height above MHW,
square footage of access pier and terminal platform,
number of pilings, number and size of finger piers,
construction material (wood, boulder or concrete) , deck
spacing, material treatment (pressure and/or chemical)
type of anchorage for buoys or pilings, etc.); .
c) the water depth at the structure's terminus and/or the
relation to the MHW line for shoreline stabilization;
d) the number, size, and drafts of boats using the
structure, if applicable;-
6) the functional condition of the structure;
f) any accessory facilities and ancillary uses associated
with the structure;

113

g) the structure's use category (e.g., single-family,
commercial);
h) an inventory of the biological resources within 25.1 of
the identified structure; I
i) appropriate documentation when adjacent resources
exhibit signs of sedimentation, prop dredging, or other
facility or boating related impacts;
j) historical or traditional use of the area;
1) a survey of all dredged areas including:
1.) the location, length, width, and depth of the
dredged area;
2) depth of profiles of the surrounding area;
3) biological resources in the dredged and surrounding
area;
4) whether the dredged area is a private or public
project;
5) pre-existing resource conditions, if known;
6) potential alternatives to alleviate the need for
maintenance -dredging (shoreline stabilization, wave
baffles, etc.);
.7) whether channel' markers may be needed to direct
traffic away from adjacent submerged resources; and
m)- a survey of all 'shoreline stabilization projects,
including:
1) location and total length of riparian shoreline;
2) length of the shoreline stabilization;
3) design of project;
4) review of existing and pre-existing (if known)
resource conditions on the site;
5) whether the project is effective in stabilizing the
shoreline; and
6) whether toe rip-rap. or mangrove plantings may
improve upon the effectiveness of the structure.
Ta'sk A.2.1.1: Monitor and conduct periodic surveys of uses
of the preserve including.information related to;

a) type of use (commercial, recreational, consumptive,
non-consumptive, active, passive, etc.);

b) incidents of direct or indirect resource stress
related to a type of use; and

c) user group conflicts or safety hazards.

Task A.2.1.2: Use accumulated data from Task A.2.1.1. to
identify existing and potential resource impacts or-safety
problems that may warrant further action by staff or of-her
agencies..

114

.Objective A.2.2: To inventory and assess the cumulative
impacts of activities and structures on thb natural resources.

Task A.2.2.1: A survey of all docks/piers, dredged areas,
shoreline stabilization, and other 'applicable human uses
will be made as outlined in Task A.2.1.1 and Task A.2.1.1.
These surveys shall be conducted every three years to
establish net loss or gain of resources as related to
structures and activities.

Task A.2.2.2: Files shall contain at the minimum:.
a) size, configuration and preempted area of the structure
and related use;
b) a survey of the biological resources within the
preempted area and within 50 feet of the preempted
area;
c) condition and extent of those resources as related to
previous surveys (expansion, modification or decline of
biological communities, prop scouring, etc.); and
d) whether existing use is consistent with the type of use
or activity authorized.

GOAL A.3: HABITAT RESTORATION

Obiective A.3.1: To identify-and restore disturbed habitats
or resources where feasible.

Task A.3.1.1: Using resource inventories generated from
Goal A.I., identify those resourceareas that have been or
are being negatively impac'ted by external influences. These
impacts may include, but are not limited to: prop scars,
spoil banks, dredged areas, boat grounding areas, clearings,
dumping, erosion, abandoned traps or vessels, and invasive
exotic vegetation.

Task A.3.1.2.: Prioritize potential restoration areas
according to severity of impact to the immediate resources
and to the overall functional integrity of the preserve.

Task A.3.1.3: Develop procedures and guidelines for
addressing the priority areas for restoration, such as
exotic plant removal, revegetating grassbed or mangrove
areas, enhancing listed species habitat, removal of derelict
vessels and abandoned traps.

Task A.3.1.4: Contact other agencies, groups, institutions,
and individuals who may be available to provide scientific,
logistic, financial, enforcement, manpower or other support
in accomplishing the habitat 'restoration or-enhancement.

115

Task A. 3. 1. S: Monitor, record and review progress on
restoration or enhancement.prdjects.
a) monitor and record restoration procedures while in
progress and restored areas on at least an annual
basis;
b) records- of the project will include, but are not
limited to:
1) type of project;
2) anticipated results;
3) benefits to the species-and resource;
4) location, date, parties'involved, duration of
project;
5) completion date;
6) monitoring schedule;
7) results or changes observed;
8) additional maintenance or monitoring required;
9) cost of project in time and funding;
10) an assessment of the success of the project or
an explanation of why.anticipated results were
not achieved;
11) recommendations as to how the project could or
should be improved upon; and
12) if the procedure could or should be used for
future or similar projects.

Oblective A.3.2: Coordinate with the Department of
Environmental Regulation (DER) and the South Florida Water
management District (WMD) in restoring habitats in the
preserve.

Task A.3.2.1: Enter into a mutual agreement with the South
Florida Water Management District in order,to accomplish
habitat restoration elements of the Biscayne Bay SWIM Plan.

Task A.3.2.2.: Support acquisition and restoration of
environmentally sensitive wetlands through the Save Our
Rivers Program.

GOAL A.4: RESTORE, ENHANCE OR MAINTAIN WATER QUALITY

Obiective A.4.1: To coordinate with DER, South Florida Water
Management District, and local governments toward improving
water quality in -the preserve.

Task A.4.1.1: Enter into a mutual agreement with DER to
utilize Pollution Recovery Trust* Funds to conduct
demonstration projects that improve water quality.

Task A.4.1.2: Coordinate with the South Florida Water
Management District and local governments toward improving

116

the management of surface water and stormwater discharges
into the aquatic preserve.

Task A.4.1.3: Coordinate with local mosquito control
districts to review arthropod control management plans
submitted in compliance with Section 388.4111, F.S.

Task A.4.1.4: Acquire, maintain and review all water
quality data forthe preserve area.

Task A.4.1.5.- :-Encourage DER to establish permanent water
quality monitoring stations in the preserve.

Task A.4.1.6: Report suspected or identified instances of
water quality violations to appropriate agencies.

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

oblectiv'e 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: Review local government comprehensive plans
and amendments for compatibility of natural resource,
conservation, coastal zone and other element goals that
affect the preserve.

Task-A.5.1.2: Review local ordinances that affect zoning,
planning and permitting of activities adjacent to and within
the preserve.

Task A.S.1.3: Provide input on proposed changes, uses and
other local decisions that affect the preserve, when
appropriate.

Task A.5.1.4: Contact local planners to assist in the
development of policies and ordinances that regulate
activities affecting state-owned lands.

B. RESOURCE PROTECTION_

In order to maintain the biological integrity of the aquatic
preserve, it is imperative t:o protect the resources that
comprise the system. Since it is not feasible to target all
of the organisms adequately, the primary purpose of the
resource protection element is to protect the various habitats
that make up the preserve. The goals of the aquatic preserve
program with regard to resource protection therefore include

117

(1) protection of the existing submerged vegetation (e.,g.,
marine grassbeds, algal beds), (2) protection of emergent
vegetation (e.g., mangroves, saltmarsh, and beach berm
vegetation), and (3) protection of habitat of designated
species.

GOAL B.1: PROTECTION OF SUBMERGED AND EMERGE14T VEGETATION

Obiective.B.1.1: To minimize potential damage to submerged
and emergent vegetation through the review of applications f or
use of state-owned land in the aquatic preserve.

Task B.1.1.1: Field staff will develop a written policy
describing a scientifically based, standardized method to
inventory the submerged and emergent biological resources at
the proposed project site. At a minimum, this policy will
contain the following information:

a) The area to be surveyed:
1) will be described as a polygon, and
will include the proposed location of the
activity/structure and the adjacent area
surrounding the project. The size of this adjacent
area shall be determined by the methods described
in the written policy.
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;
� adjacent and adjoining uses, and
� distance to navigation channels:
ii. the shoreline, including:
* a description of the vegetation,
* a description of the shoreline type,
* a description of any existing structures,
* a description of adjoining and adjacent
uses,
* notation of any nesting birds, and
* notation of the presence/absence of
designated species, their habitat, or
whether known to occur in the area.

C) A definition of a Primary Resource Protection Area
(PRPA). This definition will be used to determine if
significant resources exist within the expected area of
impact. It will consider, but is not limited to:

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1) marine grassbeds and algae,
2) mangroves and saltmarsh/buttonwood vegetation,
3) commercial species present,
4) unvegetated soft-bottom communities,
5) hard-bottom communities, including hard and soft
corals,
6) designated species or their habiitat, -and
7) nesting sites for solitary or colonial birds.

Task B. 1.1.2: Coordinate with the appropriate regional
DNR staff in order to process the field staff comments in
a timely manner..

Task B. 1. 1. 3: Coordinate, when possible, with other
agencies that have regulatory authority for these
projects.

.0biective 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 staff to receive copies of all letters of consent,
easement agreements, lease agreements, and other forms of
authorizations.

Task B. 1. 2. 2: Report variations from the authorized
condit.ions to the appropriate DNR enforcement staff.

Task B.1.*2.3: Coordinate, when possible, with other
agencies that have regulatory authority for these
projects.

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

Task B.I.3.1: Report activities that do not appear to
have been authorized to the appropriate DNR enforcement
staff.

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

Task B.1.3.3: Maintain records of reports and subsequent
actions taken by regulatory and enforcement agencies. At a
minimum, these records will contain:

a) date,.location first observed, observers name;
b) date reported to appropriate agency, agency name, and
reporters name;

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C) action taken by agencies;
d) resolution of report, if known.

objective B.1.4: To ensure that projects and activities
within the preserve do not adversely affect submerged
resources.

TasX B.1.4.1: Seek authorizations to establish no
motorized vessel and personal @Watercraft (jet ski, water
taxi, etc.) zones in areas of shallow water.

Task B.1.4.2: Require that all dredge and fill projects use
effective turbidity control practices.

Task B.1.4.3: Inventory and report all abandoned vessels
and traps to the Florida Marine Patrol and encourage removal
in a timely manner.

Task B.1.4.4: Encourage or -require, the establishment of
channel markers, where appropriate, to protect marine
grassbeds and hardbottom communities from boating damage.

Task B.1.4.5: Seek appropriate legislation and rule changes
to prohibit the harvesting of live rock, tropical fish and
marine invertebrates within the preserve.

Task B.1.4.6: Encourage and support the acquisition of
privately held submerged lands and wetlands within and
adjacent to the preserve.

GOAL B.2: PROTECT EMERGENT VEGETATIO14 AND HABITATS

objective B.2.1: Minimize potential damage to emergent
vegetation through the review of all applications for use of
state owned lands within the preserve.

Task B.2.1.1.: Field staff will.develop a written format
describing a scientifically based, standardized method to
inventory the emergent vegetation and characteristics of a
project site and it shall include, at a minimum, the
following information:

a) description of the area to be surveyed;
1) legal description of the property,
2) as a polygon,
3) with a buffer zone surrounding the project of
sufficient size so as to include a majority of the
potentially affected area, and
4) a description of the vegetation with notations as
to designated plant and animal species within the
project site and buffer zone.

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Task B.1.1.2: Coordinate with other DNR staff in order to
process surveys and related comments in a. timely manner.

Task B.I.1.3: Coordinate with other regulatory agencies.

Task B.1.1.4: Coordinate and cooperate, whenever possible,
with other agencies or conservation organizations that have
specific management objectives, research projects or other
interests in the area of a project, or-that may own lands
adjacent to the project site, including but not limited to:

1) Division of Recreation and Parks (Florida Park
Service),
2) Biscayne National Park,
3) U.S. Fish and Wildlife Service (Crocodile Lakes
National Wildlife Refuge),
4) Florida Game and Fresh Water Fish Commission,
5) National Audubon Society, and
6) The Trust for Public Lands.

Obiective B.2.2: Ensure that structures and activities on
state owned lands have been authorized.

Task B.2.2.1: Report activities or structures that do not
appear to have been authorized to the appropriate DNR
enforcement staff.

Task B.2.2.2: Coordinate and cooperate, whenever feasible
and appropriate, with other agencies that have regulatory or
enforcement authority for the project or activity.

Obiective B.2.3: To ensure that activities that have been
authorized are in 'compliance with the conditions of the
authorization.

Task B.2.3.1: Coordinate with the appropriate DNR staff to
receive copies of all letters of consent, easement
agreements, lease agreements and other authorizations for
the use of state owned lands.

Task B.2.3.2.: Report variations from the authorized
conditions to the appropriate DNR enforcement staff.

Task B.2.3.3: Coordinate and cooperate, when feasible and
appropriate, with other agencies that have regulatory or
enforcement authority for these projects or activities.

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GOAL B.3: PROTECTION OF DESIGNATED SPECIES AND THEIR HABITAT

Obj ective B. 3. 1: Determine which portions of the aquatic
preserve serve as habitat for listed species.

Task B. 3. 1. 1: Assimilate a working library of relevant
literature and information on listed species expected to
occur in the preserve.

Task B.3.1.2: Coordinate with the Division of marine
Resources, Florida Game and Fresh Water Fish Commission,
U.S. Fish and Wildlife Service, the Audubon Society, and
other groups or agencies to determifie which designated
species use what portion of the aquatic preserve for various
aspects of their life cycles.

Task B.3.1.3: Coordinate and cooperate, whenever possible,
with appropriate agencies and groups to conduct monitoring,
inventories, habitat evaluations of other activities that
relate to the status or distribution of designated species
or.their habitats.

Task B.3.1.4: During the course of routine field work and
patrols, preserve staff will observe and record, whenever
practical, sightings, locations, activity and other
information relevant to a designated species.

Task B.3.1.5: Report all manatee sightings to the local
office of the Division of Marine Resources.

objective B.3.2: To protect all designated plant and animal
species.

Task BA.2.1: Be familiar with designated spe'cies,
identification, status and relevant laws pertaining to
designated species.

Task 8.3.2.2: Report, without delay, any incidence of
harassment, poaching, killing, taking or other unlawful
activity, including feral dogs and cats, to the appropriate
enforcement agencies.

Task B.3.2.3: Maintain a current list of agencies and
individuals who enforce relevant laws and those who are
permitted or otherwise authorized to rescue, attend, hold,
rehabilitate or salvage designated species or their remains.

Task B.3.2.4: Ensure that preserve staff and volunteers are
cognizant of designated species laws and procedures for
dealing with or handlin/ distressed or dead animals.
9

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Task B.3.2.5: Coordinate and cooperate with appropriate
management and enforcement agencies in identifying any
activities or- projects that may potentially affect a
designated species.

Obiective B.3.3: To protect designated species habitat.

Task B.3.3.1: Ensure that potential impacts to designated
species habitats are identified in the review of proje'cts or
activities within the preserve. Potential impacts may
include, but are not limited to:.

1) modification or obstruction of nesting areas@-
2) dock or marina siting,
3) disruption of nesting or feeding areas, and
4) removal of vegetation.

Task B.3.3.2: Coordinate and cooperate, whenever possible,
with appropriate management and enforcement agencies to
evaluate potential impacts to designated species as a result
of a proposed project or 'activity.

Task B.3.3.3: Recommend, where appropriate, modifications
to a proposed project or.activity that would eliminate or
minimize encroachment upon the habitat of a designated
.species.

Task B.3.3.4: Seek appropriate state statute and rule
changes and/or local ordinances to exclude
individual/personal watercraft from designated species
habitat, including jet ski, -water taxi, jet boat, and
similar types of shallow draft, motor'powered watercraft.

Task B.3.3.5: Seek appropriate federal statute, state rule
and/or local ordinance changes to regulate Use of ultra-
light, private and commercial aircraft over and in the
preserve.

Task B.3.3.6: Coordinate and cooperate with appropriate DNR
and other enforcement agencies in the investigation of
potential violations of federal, state or local laws that
impact designated species or'their habitats.

C. RESEARCH

Effective management of any biological system relies almost
entirely on information as to how that system functions.
Research is the progenitor of this information. Great strides
have been made in marine grassbed and mangrove ecology, yet
large gaps remain in understanding the functions of the

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various components of these systems and how they interact with
one another. Information on the constituents and functions of'
hardbottbm associations is also poorly documented. The goals
for research will be directed toward primarily applied
research programs, rather that basic or theoretical research,
.to aid in effective management of the preserve's resources.

The goals of the research program are: (1) to gain a better
understanding of those factors that are essential to the
continued biological inte *grity of the major habitats within
the aquatic preserve, and (2) to gain a better understanding
of those factors that govern the continued survival and
propagation of designated species that use the aquatic
preserve for any portion of their li@Ee cycle.

'GOAL C. 1: MAINTAIN OR ENHANCE THE FUNCTIONAL INTEGRITY OF
HABITATS

Obi ective C. 1. 1: To determine the primary f actors that affect
the survival of grassbeds and algal beds.

Task C.1.1.1: Pursue and support research directed
toward identifying physical, chemical and pathogenic
factors that affect marine grassbeds.

Task C.1.1.2: Pursue, at the Department level, funding
to conduct research on the effects of dock/pier shading
on the various species of marine grasses and algae in the
preserve.

Task C.1.1.3: Pursue,- at the Department level, funding to
conduct research an the effects of turbidity on submerged
vegetation.

Task C.1.1 .4: Whenever possible, participate in research on
the biology and ecology of the marine grass and algal
.species present.

Task C. 1. 1. 5: Pursue, review and support, where deemed
practical, research directed toward protecting or restoring
marine grassbeds.

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

Task C. 1. 2. 1:' Promote and support research on the physical,
chemical, and pathogenic factors that influence mangrove
species.

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Task C.1.2.2: Pursue, at a Department level, funding for
and/or support of research directed toward restoration of
artificially altered mangrove systems.

Task C.1.2.3: Whenever possible, participate in research
on the biology and ecology of the mangrove species
present.

Task- C.1.2.4*: Pursue, at the Bureau level, funding to
conduct research on the effects of mangrove trimming.

Obiective C.l.3: To determine* the primary and secondary
factors that affect species of the hirdbottom community.

Task C.1.3.1: Promote and support research that identifies
the physical, chemical and pathogenic factors that influence
invertebrate distribution, growth, recruitment and mortality
in harbottom. communities.

Task C.1.3.2: Seek at a Departmental level, funding for
research on the effects of fish and invertebrate collecting
on the species, size range, distribution, density, and
diversity of populations in hardbottom systems.

Task d.1.3.3: Seek, at a Department level, funding for
research on the effects of turbidity and sedimentation upon
sedentary species of the hardbottom association.

Task C.1.3.4: Seek, at a Departmental level, funding for
research on the effects of-sponge harvesting on hardbottom
communities.

Task C.1.3.5: Whenever possible, participate in research
on the biology and ecology of the hardbottom species.
present.

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

Task C.1.4.1: Whenever possible, participate in.
compiling an inventory of the benthic infauna present in
tidal flats and banks.

Task C.1.4.2: Whenever possible, participate in research
on the changes in conf igurations of tidal f lats and
banks.

Task C.1.4.3: Whenever possible, participate in research
on the colonization, distribution and density of
vegetation and hardbottom organisms on tidal flats and
banks.

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GOAL C. 2: DETERMINE THE FACTORS WHICH AFFECT SURVIVAL AND
,PROPAGATION OF DESIGNATED SPECIES

obiective C.2.1: To determine those factors or habitat
requirements that are critical to designated species. survival.

Task C.2.1.1: Maintain a data-base of designated species
sightings, condition, habitat, life history, and
information on their biology and ecology.

TasX C.2.1.2: If. additional -information is necessary,
establish a system of seasonal monitoring sites to
determine which areas of the preserve are used by
designated species, particularly by birds.

Task C.2.1.3: Encourage research and monitoring of nesting
success and behavior patterns in designated bird species
that may be adversely impacted by human activities in the
preserve (e.g., nest flushing, interrupted feeding activity,
et.).

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

Task C.2.2.1: Whenever possible, 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.research and protection program.

Obiective C.2.3: To determine the species composition,
distribution, abundance, seasonality.. and size classes of
marine turtles that utilize the aquatic preserve.

Task C.2.3.1: Whenever possible, participate in research on
the biology and life history of marine turtles and the
factors affecting their use'of the aquatic preserve.

Task C.2.3.2: Collect data and report marine turtle
standings and activities to the Division of Marine
Resources' marine turtle research and conservation program.

Task C.2.3.3: Ensure that preserve staff and volunteers who
participate in turtle strandings and salvage activities are
properly trained and permitted and that they maintain
accurate records and make timely reports of all.activities
in the preserve.

126

Obiective C.2.4: To determine distribution, abundance, size
class and reproductive success of the American crocodile in
the preserve.

Task C.2.4.1: Coordinate and communicate with U.S. Fish and
Wildlife Service and the Florida Game and Freshwater Fish
Commission monitoring programs-and report all qightings of
crocodiles and/or their nests.

Task C.2.4.2: Coordinate with appropriate agencies when
contemplating resource management projects (invasive exotic
plant or fill removal, etc.) that may potentially affect
crocodile nesting habitat.

Objective C.2.5: To encourage propagation and preservation of
indigenous, designated plant species.

Task C.2.5.1: Encourage the preservation of wild genetic
stocks of indigenous, designated plant specie's as a source
of natural seed production and dispersal.

Task C.2.5.2: Encourage the utilization of indigenous,
designated plant species for revegetation and/or landscaping
within and adjacent to theaquatic preserve.

D. ENVIRONMENTAL EDUCATION

Public awareness and involvement is potentially the most
valuable tool a resource management program may utilize. The
publi:c is often not aware of the resources of the preserve nor
of the various impacts that human activities have upon those
resources. The 'public' may be students, property owners, user
groups (e.g., divers, fishing enthusiasts, boaters, etc.),
special interest groups (realtors, developers and
contractors), conservation or preservation organizations, and
local, regional and state government agencies that are
involved in making planning or regulatory decisions affecting
the preserve.

The many values derived from marine environments, including
water'quality, viable fisheries@, endangered.species habitat,
recreation and open space, attract many visitors and residents
to the preserve area. These same values may be irreparably
harmed or impoverished, if the public is not environmentally
sensitive and informed.

The overall goal of the environmental education element is to
instruct individuals as to the' importance. of preserving
natural and cultural resources so they may consider all issues
-prior to making decisions that affect these resources. One of

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the primary aims of the aquatic preserve program will be to
educate the public as to the importance of the resources and
to enlist public support and participation in the protection
and conservation of those resources for present and future
generations to enjoy.

GOAL D.1: -EDUCATE THE PUBLIC TOWARD WISE RESOURCE USE

Obiective D.1.1: To provide information to existing
environmental education programs at public and private schools
and to coordinate'with other local educational centers.

Task D.1.1.1: 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.1.1.2: Participate in the development and
utilization of the Monroe County Environmental Story and the
Dade County Environmental Story teaching aids for public and
private schools in the counties.

Task D.1.1.3: Encourage teachers to conduct off-site
classroom instruction and field trips in the preserve.

Task D. 1. 1. 4: Conduct or assist in informal seminars,
classes, and field trips to discuss resource management
issues, projects and.goals.for the preserve.

Task D.1.1.5: Encourage development of community college or
university level class projects or field trips that offer
detailed study of the preserve's resources.

Objective D.1.2: To produce educational programs, literature
and materials that inform the adult public of the preserve-is
natural and cultural resources and the importance of
preserving and protecting these resources.

Task D.1.2.1: Seek funding to develop brochures, displays,
pamphlets, and/or booklets that describe to the public; (1)
the purpose of and activities conducted at the aquatic
preserve and (2) general information on the preserve's
ecosystem. If feasible, this task will include viaeo
presentations.

Task D.1.2.2: Upon Department-approval, submit newspaper
articles or radio announcements designed to educate the
general public about the ecological functions and economic
importance of the natural resources within a preserve. This
approach may be the vehicle with which to disseminate the
findings of recent research efforts to the public.

128

Task D.I.2.3: Coordinate with other resource management
agencies and, where appropriate, co-sponsor exhibits,
programs or other public conta-ct activities.

Task D.I.2.4: Conduct and participate in wor kshops f or
public discussion of current resource management issues,
resource utilization, and regulatory activities. Public
forums such as these may involve private and public
interests.
Task D.I.2.5:' Coordinate and communicate with commercial
organizations, associations and user groups to disseminate.
information and educate participants in wise use and
conservation of the preserve's resources.

Oblective D.1.3: To provide informal workshops to instruct
other environmental educators on the preserve's natural
resources.

Task D.1.3.1: Seek funding to schedule instructional
workshops designed to teach other environmental educators.

Task D.1.3.2: Encourage aquatic preserve staff and
volunteers to attend conferences and seminars to further
teaching skills and become familiar,with other environmental
education programs.

objecti e D.1.4: To establish an on-site environmental
education displays for the preserve.

Task D..1.4.1: Purgue, at the bureau level, the necessary
funds to construct an environmental education display
adjacent to the preserve.

(NOTE: Two DNR publications, Environmental Education in
Florida: Needs and Goals, and A Guide for Environmental
Education, are, available references to aid in accomplishing
many of the goals outlined in this section.)

129

130

CHAPTER VIII

MANAGEMENT COORDINATION NETWORK

This chapter presents - a general overview of the* various
federal, state, regional, and local agencies thatregulate or
hold any interest in the management or use of the Card Sound
portion of Biscayne Bay Aquatic Preserve. A reference matrix
of these regulatory programs and - their jurisdictions is
presented in Table 11. One function of the aquatic preserve
program is to coordinate with these agencies to achieve common
goals relevant to aquatic preserve management.

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

A. -FEDERAL AGENCIES

A number o 'f 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.

In accordance with the federal consistency review process, the
Bureau of Submerged Lands and Preserves reviews many of the
federal programs and activities as to their affect on the
management objectives of the aquatic preserve programs. 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. These federal agencies
include: U.S. Department of the Interior, U.S. Army Corps of
Engineers, U.S., Environmental Protection Agency, U.S.
Geological Survey, U.S. Fish and Wildlife Service, and the
National Marine Fisheries Service.

Anong other functions, the U.S. DeRartment of the Interior
(DOI) overseas administration and management of lands and
waters in Biscayne and Everglades National Parks. Biscayne
National Park adjoins the preserve boundary to the north.
@State owned submerged lands were convo-yed to the Natiohal Park
but all rights in oil, gas, other minerals, rights to fish and
rights to impose and collect state excise taxes on the sales
of alcohol or tobacco are retained by the state (Chapter
258.39 (2) (c) 1-4, F.S.) . Fisheries and other regulations apply
to all lands and resources within the park. Proposals and

131

activities that would affect resources or management
objectives of the park should be coordinated through the park
manager.

The U.S. Army Corps of Engineers (COE) hasJurisdiction 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 ot her relevant factors of a project.
The Corps Regulatory Program was expanded in 1972 to include
the Federal Water Pollution Control Act Amendments, now known
as the Clean Water Act (CWA) . . Section 404 of *this act
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.

Card Sound 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 Agency (EPA) has
jurisdiction over surface waters in the state. Enforcement
authority was given under the Clean Water Act of 1968 and
broadened under the 1977 revision. In general, the EPA is
responsible for pollution control and abateffient, including:
air, water, noise, solid waste, toxic waste, and radiation.
Under Section 104 of the Comprehensive Environmental Response,
compensation, and Liability Act of 1980 (CERCLA), as amended
by the superfund Amendments and Reauthorization Act of 1986
(SARA), EPA may initiate studies, clean-up, and pursue
restitution of incurred expenses for pollution violations and
damages. Authority is divided between EPA and USCG regarding
the discharge of oil or hazardous substances into surface
water. The agency also reviews permits issued by the
Department of Environmental Regulation for the treatment,
disposal, and storage of hazardous wastes.

The U.S. Geological Surv@y (USGS) perfor'ms surveys and
research pertaining to topography and water resources of the
United States. USGS also collects and publishes water
resources data.

132

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, USFW8 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 USFWS currently owns 6,522 acres of the Crocodile Lakes
National Wildlife Refuge on Key Largo. Land acquisition is on
going and deemed necessary . to protect the endangered
crocodile. Close coordination with the refuge staff will
enhance opportunities for habitat management in the preserve.;

The National Marine Fisheries service (NMFS), under the
Department of Commerce, is involved with fisheries management,
including recording commercial fish landings, enforcing
national fishery laws and protecting- vital fishery habitat.
Areas north -of the Dade/Monroe county line area included
within the Atlantic Region for species landings quotas, while
those south and west of the line are included in the Gulf
Region. Under the Endangered species Act, this agency may
regulate activities and enforce, marine turtle and mammal
protection legislation.

The National Oceanic and AtmosRheric Administration (NOW,
under the Department of Commerce Office of Coastal Zone
Management, administers two local programs of interest. The
National Marine Sanctuaries (NMS) program oversees the
management of Key 'Largo and Looe Key National Marine
Sanctuaries. The recently designated Florida Keys National
Marine SanctuAry will encompass all federal waters surrounding
the Keys and may include the existing sanctuaries, national
parks, aquatic-preserves, and John Pennekamp Coral Reef State
Park under the larger protection of the federal system.
Scoping and planning meetings are currently underway and will
continue to solicit input in management of the Sanctuary.
Participation and coordination with this process will ensure
that the provisions of this plan are considered while
formulating the long term management plan for the larger
system.

133

B. STATE AGENCIES

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

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

The DeRartment of Natural Resources (DNR) has several
Divisions that perform various functions of administration,
regulation and enforcement of laws and programs relat.ed to
natural resources and/or their use.

The Division of Marine Resources has several programs
beneficial to the management of aquatic preserves. Resource
mapping, fishery habitat utilization studies, state fisheries
statistics, conch reintroduction proqrams and spiny lobster
research are a 'few of the programs administered by this
Division. It is also administers the manatee protection
program and marine turtle-data collection.

The Division of State Lands, under the provisions of Chapters
253 and 258, F.S., performs the staff duties related to the
acquisition, administration and disposition of public lands on
behalf of and with the approval of the Governor and Cabinet,
sitting as the Board of the Internal Improvement Trust Fund.
Staff duties include review and recommendations to the Board
regarding applications for the.use, sale, lease or transfers
of all state owned lands and enforcement of the provisions for
unauthorized use of those lands. Under Chapter 18-21, F.A.C>,
the Division is charged with management of sovereignty
submerged lands and spoil islands.,

Aquatic preserves were established under Chapter 258, F.S..
Originally administered -by the Division of Recreation and
Parks, the administration of aquatic preserves was transferred
to, the Division of State Lands in 1988. Specific management

134

policy, standards and criteria for the aquatic preserves is
contained in Chapters 18-20 and 18-8,, F.A.C.

The Division of Recreation and Parks administers and manages
John Pennekamp Coral Reef State Park and more than 2,000 acres
of tropical hardwoods and wetlands in the North Key Largo
Hammocks State 'Botanical Site. The hammock lands were
purchased under the authority the Conservation and
Recreational Lands program (CARL). The CARL program was
established under Chapter 263, F.S. This program is the
primary vehicle for the acquisition of private lands that are
deemed to be environmentally sensitive or that may serve as
potential lands for future recreational needs of the state.
Recent passage of the Preservation 2000 Trust Fund legislation
will greatly enhance acquisition of targeted purchases.

The Division of Law Enforcement's Florida Marine Patrol, whose
legal authority- is granted under Chapter 370, F.S. enforces
Florida laws related to marine resources, fisheries, boating
safety, vessel titling/registration, contraband interdiction,
and the protection of endangered and threatened species.

The Division of Resource Management, under Chapters 369.20
369.22, F.A.C., authorized the Bureau of Aquatic.Plants to
regulate various aquatic plant control programs, including
permit review for mechanical, biological, and chemical control
of aquatic plants. Permits are also necessary under Chapter
16C-52, F.A.C., "Aquatic Plant Importation, Transportation,
Cultivation, and Possession", for any persons - cultivating,
revegetating, or collecting aquatic plants. This division is
also-responsible for management of mineral resources, oil and
gas exploration, geologic studies, state Navigation Districts
and the Canal Authority.

The Departmdnt of Environmental Regulation (DER) has a broad
range of responsibilities and receives its authority from
State Law and some is delegated from EPA. Generally, the DER
administers programs regulating air, water, noise, watewater,
stormwater, and hazardous waste pollution through a permitting
and certification process. Chapter 376, F.S. directs DER to
cooperate with DNR in offering consultation, enforcement,
prosecution, and technical advise in pollutant -discharge,
control and removal.

These responsibilities are administered through-the following
regulatory mechanisms: (1) establishment of state standards
designed to proiect 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.

135

Chapter 403, F.S. enumerates the DER responsibilities in the
areas of water and air quality, facilities sitingf resource
recovery and management, pollution control and wet 'land
permitting. This chapter serves as the authority for the
initiation of dredge and fill applications in conjunction with
COE and DNR. The authority to regulate activities and protect
water quality granted in Chapter 403 is facilitated by the
Water Quality Standards established in Chapter 17-3, F.A.C.
This chapter of the administrative code sets forth specific
criteria for surface* water classifications and permitting
criteria for those classifications. The Special Protection,
Outstanding Florida Waters (OFW) classification is assigned to
the waters of the aquatic preserve and most waters of the
Florida Keys. The OFW classification affords the highest
protection for state waters when reviewing applications for
structures and activities.

Chapter 17-4, F.A.C., addresses perm-it requirements and
Chapter 17-312, F.A.C., covers dredge and fill ac 'tivities.
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. As a result of this amendment, an
interagency agreement between DNR and DER provides -for
comments from DNR staff, on behalf of the Board of Trustees,
into the DER permitting process for proposed activities in
aquatic preserves..

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

The' Department of Community Affairs (DCA) and the Regional
Planning Councils are authorized under Section 380.06, F.S.f
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). These designations are 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 submit new or existing land development regulations to DCA
for review and approval. According to Section 380.05, F.S.,
the entire land development process will require the state's
supervision until that local government modifies its land

136

development practices to conform to the principles guiding
development within an ACSC.

The 'Florida Keys portion of Monroe County was designated as an
ACSC in 1979.. In 1984, under authority granted in Chapter 380,
F.S. and defined in Administrative Rule 27F-8, the Boundary
and Principles for Guiding Development for the Florida Keys
Area of Critical State Concern were adopted to conserve and
protect the natural, environmental, historic and economic
resources, and other values of the lands and waters of the
Florida Keys. The ACSC' designation and the Principles for
Guiding Development are intended to remain in place until such
time as* Monroe County shall have developed a comprehensive
growth management plan and future development regulations as
required by Chapter 163, F.S. Such plan shall be consistent
with the State Comprehensive Plan, State Statutes, Codes and
rules. Compliance to the. minimum criteria established in
Chapter 9J-5, F.A.C., is also required.

The DCA also oversees the development of Local Government
Comprehensive Plans (LGCP) for all 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 yea:i7 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
most significant to the aquatic preserve program are the
Coastal Zone Management Element and the Conservation Element.

Dade County has completed and adopted an LGCP. Monroe County
is currently involved in this process but does hot have an
adopted plan, as of this writing.

The Department of Health and Rehabilitative Services (HRS) has
responsibilities to protect the public's health by overseeing
functions that involve water supply, onsite sewage.disposal,
septic tank cleaning, solid waste control, and hazardous
wastes. Authority for these responsibilities is found in
Chapters 154, 381, and 386, F.S. , and in the 10D Series of
F.A.C., known as the "Sanitary Code." Within each county, HRS
functions as the county's health department and oversees-these
jurisdictional responsibilities.

HRS administers the permitting and placement of septic tanks
under Chapter 1OD-6, F.A.C. This chapter e-stablishes standards
for onsite sewage disposal systems (OSDS) . Part II of that
chapter establishes specific standards for OSDS installation,

137

operation and monitoring in the Key Largo Limestone or Miami
(0olite) rock formations.

HRS is also responsible for arthropod (mosquito) control
activities under Chapter 388, F.S. and may delegate that
authority to a local mosquito' control district (MSD) . The
Monroe County MSD administers the local program through grouhd
and aerial application of larvicides and adulticides. Chapter
1OD-54, F.A.C. requires that any arthropod control activities
conducted by local MSDs on environmentally sensitive public
lands, such as parks, aquatic preserves and similar properties
be coordinated in advance by the responsible mosquito control
agency with the Executive Director of DNR, GFC, and the
regional director of the'USFWS. This chapter also'establishes
areas, types, rates, timing and equipment standards for
control activities.

The Department of State (DOS), Division of Historical
Resources (DHR) has the responsibility granted under Chapter
267, F.S., regarding the preservation and management of
Florida's archaeological and historical resources. This
responsibility includes those -cultural resources located on
state-owned lands, including aquatic preserves. All activities
that may potentially affect a known or suspected resource must
be coordinated with.and/or approved by the DRH.

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.

The Game and Fresh Water Fish commission (GFC) 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 Florida.

The Marine Fisheries Commission (MFC) was established as a
rule making 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
specificationst (b) prohibited.g*ear, (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

138

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 and changes to existing laws.

C. REGIONAL AGENCIES

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

The South Florida Water Management District (SFWMD) was
created by Chapter 61-69, Laws of Florida, as a public
corporation for carrying out Chapter 378, F.S., and is
governed by provisions. of Chapter 373, F.S. Chapters 40D-4
and 40D-40 were adopted to ensure continued protection of the
water resources of the District including wetlands and other
natural resources. The rules in these chapters are to
implement the surface water management permit system mandated
in Part IV of Chapter 373, F.S. The statutes resulted from
passage of Chapter 84-79, Laws of Florida, the Warren G.
Henderson Wetlands Protection Act of 1984.

SFWMD has jurisdiction over and administers the permitting
program for consumptive water use, well construction,
stormwater discharge, surface water management, groundwater
withdrawals, water level control, regulation of artificial
recharge facilities, and works of the district.

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." The SFWMD had
developed and implemented the Biscayne Bay SWIM plan in 1988.
This document provides comprehensive programs for restoration
of habitats and improving water-quality that will benefit the
preserve. Revisions to the SWIM Plan were approved by the
Governing Board of the District in April 1989.

The SFWMD administers a second resource based program that is
of immediate interest to management of the preserve. The Save
Our Rivers 1991 Five Year'Plan has identified 48',600 acres in
the East Everglades and 29,643 acres'in the C-111 canal and
Model Land canal basins for purchase. Acquiring these lands
will enable restoration and protection of water shed and
recharge areas that influence the environmental integrity of
the east Everglades, Florida Bay, Barnes and Card Sounds.

139

The South Florida Regional Planning Council (SFRPC) 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.

D. LOCAL AGENCIES

The Card sound portion of Biscayne IBay Aquatic Preserve spans
portions of Dade and Monroe counties. Lands- adjoining the
preserve are unincorporated and do not include any municipal
governments. Local governments provide services and regulate
building and zoning on adjacent private lands that may
potentially affect the preserve.

Local governments are required by the Local Government
Comprehensive Planning Act of 1975 (Section 163.3163, F.S.),
as amended by Chapter 85-55, Laws of Florida, to the' Local
Government Comprehensive Planning and Land - Development
Regulation Act (LGCP) , to have a management plan with elements
relating to different governmental functions (i..e., housing,
physical facilities, conservation., land use, coastal zone
protection, etc.). Recent statutory amendments require these
plans to be updated and for counties to adopt land development
regulations and improve coastal management protection. The
coastal management element of the LGCP, along with the land
use And conservation elements, establishes long range plans
for orderly, and balanced development, with particular
attention to the identification and protection of
environmental resources in the planning area. Conformance with
the criteria, policies, and practices of a local government
comprehensive plan is required for all development within the
local government jurisdiction.

140

141

LOCALAGENCIES REGIONAL AGENCIES

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

SWC Soil and Water Conservation Districts

FEDERAL AGENCIES

STATE AGENCIES
CG United States Coast Guard
DCA Florida Department of Community Affairs COE United States Army Corps of
DER Florida Department of Environmental Engineers
Regt@lation EPA United States Environmental
DNR Florida Department of Natural Resources Protection Agency
GFC Florida Game and' Freshwater Fish FWS United States Fish and Wildlife

Commission Service
HRS Florida Department of Health and NMF National Marine Fisheries Service
Rehabilitative Services United States Geological Survey
DOS Florida Department of State
DOT Florida Department of Transportation

FMP Florida Marine Patrol

FSG Florida Sea Grant

MFC Marine Fisheries Commission
DAC tlorida. Department of Rqr@culture and

Consumer Services

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

Local Regional State Federal
LGT jCGT JLDD MCD ICD SWC RPC NMD FIN IDA DCA DER DNR GFC Has IDOS IDOT FMP FSG MFC CG COE EPA FWS NMF GS
..... ......
7777 7= 7=
Dredge and Fill Permitting 0 0 0 0 0
Docks, Fishing Piers, Seawalls 0 0 0
Marinas 0 0 0 0 0
. . ...... ... ... ........
... .......
Submerged Lands Management :::: .....
1 10
Habitat Protection 0 0 0 0 0 0 0 0
. ...... ........
X:
Mangroves/Wetlands Protection 0 01 ;.Iw. w 0 0 0 0
Seagrass Protection 0 0 0 0 0

XXX:
Habitat Restoration 0 1 0 0 0 0 0
Mangroves/Wetlands Restoration 0 0 0 0 0
. .. ........
7777
0 0[0
Seagrass Restoration
....... ....
T
Resource Inventory :0., 0 0 0 0 0 0
Manatees/Porpoises 0 01 X.:....", 0 0 0_':
0 0 0 0 0
Endangered Species 0 0 0 0
....... ..
.. ........
Shellfish/Agunculture 0
. . . . ....... w 0 0 ......X
..... ......
Public Awareness/Education 0 0 0.0 0 0 0,
Research .. . ........
0 0 0
0

....... ........
. . .......
X ....
..............
....... .......
. ..... ........
Fisheries Research 0 0 0 0 ::4,
Fisheries Management 0 0
.... ..... ......
Recreational Fishing 0 0 0 0 0 0
......... ..
....... .....
Commercial Fishing 0 10 0 0
Wildlife Management 0 To d
X X 1
. .. . ....... ..
Mosquito Impoundments 0 0 0
... .. ... ... ........... ... .....
Historical/Archeological Sites 010 0 0 0
........ .. ..
";WT
Water Quality 010 0 0 0 0 0 0
.... ........
Nonpoint Source Pollution 0 0 0 0 0 0
Point Source Pollution 0 0 1010 0 0
. ... ........ ...
... ........
Oil/Chemical Spills 0 0 0
Drainage/Freshwater Control
0 0 0
Emergency Response 0 0 :.w 0 0

........ ......
Upland Development 0 0. 0

.... ........
Land Use Planning 0
.. . ........ ......
... ........
.. ........
Navigational/Boating 0 46 0 0 0 0
:0 b ........ 'W,
Recreational Areas 0 0 0 0.
R

Bridges and Roads 01 1 V. 10 0 0 0 7w

144

CHAPTER IX

STAFFING AND FISCAL NEEDS

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

Currently there is one full-time environmental specialist
position to oversee resource management, protection, education
and field research projects for three spatially separated
aquatic preserves in the Keys. Management plans similar to
this one have been completed for Lignumvitae Key and Coupon
Bight Aquatic Preserves. In order for these aquatic preserves
to be managed in accordance with the goals, objectives and
policies, set forth in these plans, adequate funding, staffing
and equipment is essential..

It is anticipated that the management and administration of.
the three aquatic preserves in the Keys could be accomplished
with one field.office staffed with five full time employees.
An annual review of the accomplishments of the program
relative to the tasks listed in Chapter VII and the program
monitoring in Chapter X will help to determine if the initial
staffing estimate is adequate to meet the legislative intent
of the program.

A budget covering projected staff time, equipment, travel and
other expenses for this area, which would include Lignumvitae
Key and Coupon Bight_Aquatic Preserves is found in Table 12.
The budget is required to fulfill the short range needs of the
preserves, as described in the management plans, and to
accomplish the Department goal of on-site management for all
aquatic preserves by 1991, as expressed in the Agency
Functional Plan.

145

146

TABLE 12

ANTICIPATED TWO-YEAR BUDGET FOR THE FLORIDA KEYS AQUATIC
PRESERVES (THE CARD SOUND PORTION OF BISCAYNE BAY, LIGNUMVITAE
KEY AND COUPON BIGHT AQUATIC PRESERVES)

POSITION SAIARY 1ST YEAR .2ND YEAR
ES III (with benefits) $ 38,424 $ 39,577
ES II (with benefits) 33,836 34,851
ES I (with benefits) 28,224 29,071
Secretary (with benefits) 17,255 17,773
OPS Environmental educator 22,391 23,063
Subtotal $ 140,130 $ 144,335

OPERATING CAPITAL OUTLAY
Vehicles (3 @ $12,000 each) $-36,000
Office equipment .11,000
Computer 5,000
Education materials 2,500
Subtotal 55,000

OPERATING EXPENSES
Office rental/fuel/
supplies/utilities. 28,000 $ 32,000
Education supplies 1,500 1,600
Subtotal 29,500 $ 33,600

TOTAL COST 246,630 177,935

(NOTE: Figures presented are reflective of those calculated
for three aquatic preserves and some figures were based on
1990 estimates.)

147

148

CHAPTER X

RESOURCE AND PROGRESS MONITORING PROGRAM

To eiisure- that this management plan is effectively
implemented, it will be necessary to have a level.of staffing
to institute programs that will: (1) monitor changes in the
biological resources, and (2) record use activities,'and (3)
track progress and accomplishments directed toward retaining
the original integrity and values of the preserve.

A. RESOURCE MONITORING

To monitor changes in the natural resources, a geographic
information system (GIS) will be required. 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 managementf and land use
planning; however, their most important function continues to
be natural resource management.

Future use. of a GIS system would include the periodic
inventory, compilation, and analysis of temporal and spatial
data concerning the present state of the natural resources
within the preserve. Historical aerial photography could. be
computerized of comparison with later data to conduct a
temporal analysis of resource abundance. Detailed monitoring
of revegetation/res 'toration efforts could also be computer
analyzed. The on-line access to these natural resource data
bases will facilitate informed management decisions concerning
the use and protection of lands and their resources.
Cooperation and file sharing is possible with.other agencies
handling such data with identical and similar systems. Similar
environments and relationships between various resources may
be compared and analyzed to gain a more integrated approach to
protection and management.

This technology is widely accepted and,being used by various
resource management agencies and local planning offices.
Utilization of the best available technology will facilitate
a better understanding of the historical and time line
.condition of the resource.

149

B. ACTIVITY MONITORING

As human interaction in and around the preserve increases,
additional pressures are to be expected in the form of
recreational and development activities. Monitoring the types
of use and their compatibility, their frequency of occurrence,
as' well as, proven and expected detrimental effects on the
preserve's natural resource, will provide a foundation for
developing any additional future plan amendments and revisions
required to protect these resources. Periodic boat counts,
creel census, user questionnaires, and structure inventories
are various methods that may be employed to gather relevant
data on activities and user group profiles.

C. PROGRESS MONITORING

For this management plan to be effectively implemented and
evaluated, it is necessary to monitor the accomplishments and
progress-of the plan 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 VII. This
information, to be submitted in a report once every three
years to the Bureau Chief, will include an update of the
biological resources' status within the preserve as well as
identifying current human activities. Monitoring will enable
the aquatic preserve program to evaluate performance and
effectiveness of the plan and identify successful strategies,
as well as, areas that may require a more unified team
approach to management. This report will detail the following:

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

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

b. Identify the current number. of structures/ act iv it i es
either started or completed in the preserve. These
structures/activities will.be categorized as follows:
1) authorized projects
2) unauthorized projects, and
3) projects not in c6mpliance with the original
authorization.

2. A list of accomplishments of thos e tasks outlined in
Chapter VII.

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

150

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 reflec ted in an
update of Chapter VII.

Review of this management plan for consistency with statute
and administrative code changes, local government plans or
amendments, water management and regional planning council
plans, as well as, with various other agency plans and
programs, will be required on at. least an annual basis. *In any
event, field staff will forward written comments to
appropriate DNR staff upon any agency's proposed actions or
changes that will substantially affect the preserve or
implementation of this management plan.

Current 'proposals that will ultimately require reevaluation of
this plan and those for Coupon Bight and Lignumvitae Key
Aquatic Preserves include, but are not limited. to; 1)
revisions and/or adoption of proposed Florida Administrative
Code Chapter 18-25 (combining and revising Chapters 18-20 and
18-21, F.A..C.) ; 2) consistency and integration with the
Florida Keys National Marine Sanctuary (which will tentatively
include all 'waters surrounding the Keys, prohibit certain
vessel traffic and activities, and requires a comprehensive
water quality protection program in -the sanctuary) ; and 3)
reauthorization of the federal Coastal Zone Management Act
(CZMA) , which requires that federal agencies be consistent
with provisions of the act and that coastal states develop a
Coastal Nonpoint-Pollution Control Program.

Various plans and programs may be instrumental in attaining
many of the goals of resource management, resource protection
and the conservation of the biological, scientific and
aesthetic values for which the preserve was established. This
management plan is seen as a mechanism for coordinating with
these plans and programs, and identifying and providing
guidance and management in those areas where additional
direction and focus are needed.

151

152

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164

APPENDIX A

Relevant Legislation

V. 9, p. 692-20

CHAPTER 18-20
FLORIDAY AQUATIC PRESERVES

18-20.001 Intent
18-20.002 Boundaries and Scope of the
Preserves.
18-20.003 Definitions
18-20.004 Management Policies, Standards
and Criteria.
18-20.005 Uses, Sales, Leases, or Transfer of
Interests in Lands, or Materials,
Held by the Board. (Repeated)
18-20.006 Cummulative Impacts.
18-20.007 Protection of Riparian Rights.
18-20.008 Inclusion of Lands, Title to Which
Is Not Vested in the Board, in a
Preserve.
18-20.009 Establishment of Expansion of
Aquatic Preserves.
18-20.010 Exchange of Lands.
18-20.011 Gifts of Lands.
18-20.012 Protection of Indigenous Life
Forms.
18-20.013 Development of Resource
Inventories and Management
Plans for Preserves.
18-20.014 Enforcement.
18-20.015 Application Form. (Repeated)
18-20.016 Coordination with Other
Government Agencies.
18-20.017 Lake Jackson Aquatic Preserve.

Libray References Riparian right to navigable waters.
I. Henry Dean, 55 Fla. Bar J. 247, 250 (Mar.. 1981).

18-20.001 Intent.
(1) All severeignty lands within a preserve shall
be managed primarily for the maintenace of
essentially natural conditions, the propgation 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 an
essentially natural or existing conditionj so that their
aesthetic, biological and scientific values may
endure for the enjoyment of future generations.
(3) The preserves shall be administered and
managed in accordance with the following goals:
(a) To preserve, protect, and enhance these
exceptional areas of sovereignty submerged lands by
reasonabie regulation of human activity within the
preserves through the development and
impiemenuation 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;

(R. 3/87)
18-20.002

(c) To coordinate with federal, state, and local
agencies to aid in carrying out the intent of the
Legislature in creating the preserves;
(d) To use applicable federal, state, and local
management programs, which are compatible with
the intent and provisions of the act and these rules,
and to assist in managing the preserves;
(e) To encourage the protection, enhancement
or restoration of the biological, aesthetic, or
scientific values of the preserves, including but not
limited to the modification of existing manmade
conditions toward their natural condition, and
discourage activities which would degrade the
aesthetic, biological, or scientific values, or the
quality, or utility of a preserve, when reviewing
applications, or when developing and implementing
management plans for the preserves;
(f) To preserve, promote, and utilize indigenous
life forms and habitats, including but not limited to:
sponges, soft coral, hard corais, submerged grasses,
mangroves, salt water marshes, fresh water
marshes, mud flats, 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 preserves;
(h) To maintain those beneficial hydrologic and
biologic functions, the benefits of which accrue to
the public at large.
(4) Nothing in these rules shall serve to
eliminate or alter the requirements or authority of
other governmental agencies, including counties
amdn municipalities, to protect or enhance the
preserves provided that such requirements or
authority are not inconsistent with the act and this
chapter.
Specific Authority 120.53, 258.43(1) FS. Law
Implemented 258.35,258.36,258.37,258.39,258.393 FS,
Chapter 80-280 Laws of Florida. History--New 2-23-81.
Amended 8-7-85. Formerly 16Q-20.01. Transferred from
16Q-20.001.

18-20.002 Boundaries and Scope of the
Preserves.
(1)These rules shall only apply to those
sovereignty lands within a preserve, title to which is
vested in the board, and those other lands for which
the board has an appropriate instrument in writing,
executed by the owner, authorizing the inclusion of
specific lands in an aquatic preserve pursuant to
Section 2(2) of Chapter 73-534, Laws of Florida,
Sections 258.40(1) and 258.41(5), Florida Statutes,
future aquatic preserves established through
general or special acts of the legislature and
pursuant to Rule 18-20.008. Florida
Administrative Code. Any publicly owned and
maintained navigation channel authorized by the
United States Congress, or other public works
project authorized by the United States Congress,
designed to improve or maintain commerce and
navigation shall be deemed to be excluded from the

165

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

provisions of this chapter, pursuant to Subection
258.40(2). Florida Statutes. Futhermore, all lands
lost by avulsion or by artificially induced erosion
shall be deemed excluded from the provisions of this
chapter pursuant to Subsection 258.40(3). Florida
Statutes.
(2) These rules do not appy to Boca Ciega Bay.
Pinellas County or Biscayne Bay Aquatic
Preserves.
(3) These rules are promulgated to clarify the
responsibilities of the board in carrying out its land
management functions as those functions aplly
within the preserves. Implementation and
responsibility for environmental permitting of
activities and wate quality protection within the
preserves are vested in the Department of
Environmental Regulation.
(4)The rules shall not affect previous actions
of the board concerning the issuance of any
easement or lease; or any disclaimer concerning
sovereignty lands.
(5) The intent and specific provisions expressed
in 18-20.001(e) and (f) apply generally to all
existing or future aquatic preserves within the scope
of this chapter. Upon completion of a resource
inventory and approval of a management plan for a
preserve, pursuant to 18-20.013, the type
designation and the resource sought to be preserved
may be readdressed by the Board.
(6) For the purpose of clarification and
interpretation, the legal description set forth as
follows do not include any land which is expressly
recognized as privately owned upland in a
pre-existing recorded mean high water line
settlement agreement between the board and a
private owner and owners. Provided, however, in
those insuances wherein a settlement agreement was
executed subsequent to the passage of the Florida
Coastal Mapping Act, the determination of the
mean high water line shall be in accordance with the
provisions of such act.
(7) Persons interested in obtaining details of
particular preserves should contact the Bureau of
State Lands Management, Department of Natural
Resources, 3900 Commonwealth Blvd.,
Tallahassee, FL 32303 (telephone 904-488-2297).
(a) The preserves are described as follows:
1. Fort Clinch State Park Aquatic Preserve, as
described in the Official Records of Nassau County
in Book 108 pages 343-346, and in Book 111, page
409.
2. Nissau River-St. Johns River Marshes
Aquatic Preserve, as described in the Official
Records of Duval County in Volume 3183, pages
547-552, and in the Official Records of Nassau
County in Book 108, pages 232-237.
3. Pellieer Creek Aquatic Preserve, as described
in the Official Records of St. Johns County in Book
181, pages 363-366, and in the Official Records of
Flagler County in Book 33, pages 131-134.
4. Tomoka Marsh Aquatic Preserve, as
described in the Official Records of Flagler County
in Book 33, pages 135-138, and in the Official
Records of Volusia County in Book 1244, pages
615-618.
5. Wekiva River Aquatic Preserve, as described
in Section 258.39(30). F.S.
6. Mosquino Lagoon Aquatic Preserve, as
described in the Official Records of Volusia County
in Book 1244, pages 619-623, and in the Official
Records of Brevard County in Book 1143, pages
190-194.
7. Banana River Aquatic Preserve, as described
in the Official Records of Brevard County in Book
1143, pages 195-198, less those lands dedicated to
the U.S.A. prior to the enactment of the act, until
such time as the U. S. A. no longer wishes to
maintain such lands for the purpose for which they
were dedicated, at which time such lands would
revert in the board, and be managed as part of the
preserve.
8. Indian River- Malabar to Sebastian
Aquatic Preserve, as described in the Official
Records of Brevard County in Book 1143, pages
199-202, and in the Official Records of Indian
River County in Book 368, pages 5-8.
9. Indian River-Vero Beach to Fort Pierce
Aquatic Preserve, as described in the Official
Records of Indian River County in Book 368, pages
9-12, and in the Official Records of St. Lucie
County in Book 187, pages 1083-1086.
10. Jensen Beach to Jupiter Inlet Aquatic
Preserve, as described in the Official Records of St.
Lucie County in Book 218, pages 2865-2869.
11. North Fork, St. Lucie Aquatic Preserve, as
described in the Official Records of Martin County
in Book 337, pages 2159-2162, and in the Official
Records of St. Lucie County in Book 201, pages
1676-1679.
12. Loxahatchee River-Lake Worth Creek
Aquatic Preserve, as described in the Official
Records of Martin County in Book 320, pages
193-196, and in the Official Records of Palm Beach
County in Volume 1860, pages 806-809.
13. Biscayne Bay-Cape Florida to Monroe
County Line Aquatic Preserve, as described in the
Official Records of Dade County in Book 7055,
pages 852-856, less, however, those lands and
waters as described in Section 258.165, F. S.,
(Biscayne Bay Aquatic Preserve Act of 1974), and
those lands and waters within the Biscayne
National Park.
14. Lignumvitae Key Aquatic Preserve, as
described in the Official Records in Monroe County
in Book 502, pages 139-142.
15. Coupon Bight Aquatic Preserve, as
described in the Official Records of Monroe County
in Book 502, pages 143-146.
16. Cape Romano - Ten Thousand Islands
Aquatic Preserve, as described in the Official
Records of Collier County in Book 381, pages
298-301.

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17. Rookery Bay Aquatic Preserve, as described
in Section 258.39(31), FS.
18. Esnero Bay Aquatic Preserve as described in
Section 258.39(28). Florida Statutes.
19. Pine Island Sound Squatic Preserve, as
described in the Official Records of Lee County in
Book 648, pages 732-736.
20. Matlacha Pass Aquatic Preserve, as
described in the Official Records of Lee County in
Book 800, pages 725-728.
21. Gasparilla Sound - Charlotte Harbor
Aquatic Preserve, as described in Section 258.392,
F.S.
22. Cape Haze Aquatic Preserve, as described in
Section 258.39(29). F.S.
23. Cockroach Bay Aquatic Preserve, as
described in Section 258.391. F.S.
24. St Martins Marsh Aquatic Preserve, as
described in the Official Records of Citrus County
in Book 276, pages 238-241.
25. Alligator Harbor Aquatic Preserve, as
described in the Official Records of Franklin
County in Volume 98, pages 82-85.
26. Apalachicola Bay Aquatic Preserve, as
described in the Official Records of Gulf County in
Book 46, pages 77-81, and in the Official Records of
Franklin County in Volume 98, pages 102-106.
27. St. Joseph Bay Aquatic Preserve, as
described in the Official Records of Gulf County in
Book 46, pages 73-76.
28. St. Andrews State Park Aquatic Preserve, as
described in the Official Records of Bay County in
Book 379, pages 547-550.
29. Rocky Bayou State Park Aquatic Preserve,
as described in the Official Records of Okaioosa
County in Book 593, pages 742-745.
30. Yellow River Marsh Aquatic Preserve, as
described in the Official Records of Santa Rosa
County in Book 206, pages 568-571.
31. Fort Pickens State Park Aquatic Preserve, as
described in the Official Records of Santa Rosa
County in Book 220, pages 60-63, in the Official
Records of Escambia County in Book 518, pages
659-662, less the lands dedicated to the U.S.A. for
the establishment of the Gulf Islands National
Seashore prior to the enactment of the act, until such
time as the U.S.A. no longer wishes to maintain
such lands for the purpose for which they were
dedicated, at which time such lands would revert to
the board and be managed as part of the preserve.
32. For the purpose of this section the
boundaries of the Lake Jackson Aquatic Preserve,
shall be the body of water in Leon County known as
Lake Jackson in Section 1,2,3,5,10,11 and 14,
Township 1 North Range 1 West and Sections 11,
12,131,14,15,21,22,23,26,27,28,29,32,33,34
and 35, Township 2 North Range 1 West lying
below the ordinary high water line. Such lands shall
include the sumberged bottom lands and the water
column upon such lands, as well as all publicly
owned islands, within the boundaries of the
preserve. Any privately held upland within the
boundaries of the preserve shall be deemed to be
excluded therefrom; provided that the Board may
negotiate an agreement with any such private
upland owner by which such land may be included
in the preserve.
33. Terra Ceia Aquatic Preserve, as described in
Section 258.393. Florida Statutes.
34. Furture aquatic preserves established
pursuant to general or special acts of the legislature.
Specific Authority 120.53, 258.43(1). F.S. Law
Implemented 258.39, 258.391, 258.392, 258.393, 258.40,
258.41, 258.42, 258.43, 258.44, 258.45 FS. History-
New 2-23-81. Amended 8-7-85. Formerly 16Q-20.02,
Transferred from 16Q-20.002.

18-20.003 'Definitions. When used in these
rules, the following words shall have the indicated
meaning unless the context clearly indicates
otherwise:
(1) "Act" means the provisions of Section 258.35
through 258.46, F.S., the Florida Aquatic Preserve
Act.
(2) "Activity" means any project and such other
human action within the preserve requiring board
approval for the use, sale, lease or transfer of
interest in sovereignty lands or materials, or which
may require a license from the Department of
Environmental Regulation.
(3) "Aesthetic values" means scenic
characteristics or amentities of the preserve in its
essentially natural state or condition, and the
maintenance thereof.
(4) "Applicant" means any person making
application for a permit, license, conveyance of an
interest in state owned lands or any other necessary
form of governmental approval in order to perfrom
an activity within the preserve.
(5) "Beneficial biological functions" means
interactions between flora, fauna and physical or
chemical attributes of the environment, which
provide benefits that accrue to the public at large,
including, but not limited to nutrient, pesticide and
heavy metal uptake; sediment retention; nutrient
conversion to biomass; nutrient recycling and
oxygenation.
(6) "Beneficial hydrological functions" means
interactions between flora, fauna and physical
geological or geographical attributes of the
environment, which provide benefits that accrue to
the public at large, including, but not limited to:
retardation of storm water flow; storm water
retention; and water storage and periodical release;
(7) "Biological values" means that preservation
and promotion of indigenous life forms and habitats
including, but not limited to: sponges, soft corals,
hard corals, submerged grasses, mangroves,
saltwater marshes, fresh water marshes, mud flats,
marine, estuarine, and aquatic reptiles, games and
non-games fish species, marine, estuarine, and
aquatic mammals, marine, estuarine, and aquatic
invertebrates, birds and shellfish.
(8) "Board" means the Governor and Cabinet
sitting as the Board of Trustees of the Internal
Improvement Trust Fund.
(9) "Channel" means a trench, the bottom of
which is normally covered entirely by water, with
the upper edges of its sied normally below water.

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

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or more parties which does not create an interest in
real property but merely authorizes conduct of
certain management activities on lands held by the
board.
(31) "Resource Protection Area (RPA) 1" -
Areas within the aquatic preserves which have
resources of the highest quality and condition for
that area. The resources may include, but are not
limited to corals; marine grassbeds; mangrove
swamps; salt-walter marsh; oyster bars;
archaeological and historical sites; endangered or
threatened species habitat; and, colonial water bird
nesting sites.
(32) "Resource Protection Area 2" - Areas
within the aquatic preserves which are in transition
with either declining resource protection area 1
resources or new pioneering resources within
resource protection area 3.
(33) "Resource Protection Area 3" - Areas
within the aquatic preserve that are characterized
by the absence of any significant natural resource
attributes.
(34) "Riparian rights" means those rights
incident in lands bordering upon navigable waters,
as recognized by the courts of this state and common
law.
(35) "Sale" means a conveyance of interest in
lands, by the board for consideration.
(36) "Scientific values" means the preservation
and promotion of certain qualities or features which
have scientific significance.
(37) "Shore protection structure" means a type
of coastal construction designed to minimized the rate
of erosion. Coastal construction includes any work
or activity which is likely to have a material physical
effect on existing coastal conditions or natural shore
processes.
(38) "Sovereignty lands" means those lands
including, but not limited to: tidal lands, islands,
sandbars, shallow banks, and lands waterward of
the ordinary or mean highwater line, to which the
State of Florida acquired title on March 3, 1845, by
virtue of statehood and which it has not since
divested its title interest. For the purposes of this
rule sovereignty lands shall include all submerged
lands within the boundaries of the preserve, title to
which is held by the board.
(39) "Spoil" means material dredged from
sovereignty lands which are redeposited or
discarded by any means, onto either sovereignty
lands or uplands.
(40) "Transfer" means the act of the board by
which any interest in lands, including easements,
other than sale or lease, is conveyed.
(41) "Utility of the preserve" means fitness of
the preserve for the presetn and futre enjoyment of
its biological, aesthetic and scientific values, in an
essentially natural condition.
(42) "Water dependent activity" means an
activity which can only be conducted on, in, over, or
adjacent to water areas because of the activity
requires direct access to the water body or
sovereignty lands for transportation, recreation,
energy; production or transmission or source of
water and where the use of the water or sovereignty
lands is an integral part of the activity.
Specific Authority 258.43(1) F.S. Law Implemented
258.37,258.43(1) FS. History-New 2.25-81. Amended
8-7-85. Formerly 16Q-20.03. Transferred from
16Q-20.003.

18-20.004 Management Policies, Standards
and Criteria. The following management policies,
standards and criteria are supplemental in Chapter
18-21. Florida Administrative Code (Sovereignty
Submerged Lands Management) and shall be
utilized in determining whether to approve,
approve with conditions or modifications or deny all
requests for activities or sovereignty lands in
aquatic preserves.
(1) GENERAL PROPRIETARY
(a) In determining whether to approve or deny
any request the Board will evaluate each on a
case-by-case basis and weight any factors relevant
under Chpater 253 and/or 258, Florida Statutes.
The Board, acting as Trustees for all state-owned
lands, reserves the right to approve, modify or reject
any proposal.
(b) There shall be no futher sale, lease or
transfer of sovereignty lands excpet when such sale,
lease or transfer is in the public interest (see Section
18-20.004(2) Public Interest Assessment Criteria).
(c)There shall be no construction of seawalls
waterward of the mean or ordinary high water line,
or filling waterward of the mean or ordinary high
water line except in the case of public road and
bridge projects where no reasonable alternative
exists.
(d) There shall, in no case, be an dredging
waterward of the mean or ordinary high water line
for the sole or primary purpose of providing fill for
any are landward of the mean or ordinary high
water line.
(e) A lease, easement or consent of use may be
authorized only for the following activities:
1. a public navaigation project:
2. maintenance of an existing navigational
channel;
3. installation or maintenace of approved
navigational aids;
4. creation or maintenance of a
commercial/industrial dock, pier or a marina;
5. creation or maintenance of private docks for
reasonable ingress and egress of riparian owners;
6. minimum dredging for navigation channels
attendant to docking facilities;
7. creation or maintenance of a shore protection
structure;
8. installation of 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 public necessity
or which are necessary to enhance the quality or
utility of the preserve and which are consistent with
the act and this chapter.
(1) For activities listed in paragraphs
18-20.004(1)(e)1.-10. above, the activity shall be

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

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structures shall be constructed and located in a
manner that will cause minimal disturbance to
submerged land resources such as oyster bars and
submerged grass beds and do not interfere with
traditional public uses.
(d) Spoil disposal within the preserves shall be
strongly discouraged and may be approved only
where the applicant has demonstrated that there is
no other reasonable alternative and that activity
may be beneficial to, or at a minimum, not harmful
to the quality and utility of the preserve.
(4) RIPARIAN RIGHTS
(a) None of the provisions of this rule shall be
implemented in a manner that would unreasonably
infringe upon the traditional, common law and
statutory riparian rights of upland riparian
property owners adjacent to sovereignty lands.
(b) The evaluation and determination of the
reasonable riparian rights of ingress and egress for
private, residential multi-slip docks shall be based
upon the number of linear feet of riparian shoreline.
(c) For the purpose of this rule, a private,
residential, single docking facility which meets all
the requirements of Rule 18020.004(5) shall be
deemed to meet the public interest requirements of
Rule 18-20.004(1)(b), Florida Administrative
Code. However, the applicants for such docking
facilities must apply for such consent and must meet
all of the requirements and standards of this rule
chapter.
(5) STANDARDS AND CIRITERIA FOR
DOCKING FACILITIES
(a) All docking facilities, whether for a single or
multi-slip residential or commercial, shall be
subject to the following standards and criteria:
1. no dock shall extend waterward or the mean
or ordinary high water line more than 500 feet or 20
percent of the width of the waterbody at that
particular location whichever is less;
2. certain docks may fall within areas of special
or unique importance. These areas may be of
significant biological, scientific, historic and/or
aesthetic value and require special management
considerations. Modifications may be more
restrictive than the normally accepted criteria. Such
modifications shall be determined on a case-by-case
analysis, and may include, but shall not be limited to
changes in location, configuration lenght, width
and height;
3. the number, lenghts, drafts and types of
vessels allowed to utilize the proposed facility may
also be stipulated; and
4. where locan 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.
(b) Private residential single docks shall
conform the following specific design standards
and criteria:
1. any main access dock shall be limited to a
maximum width of four (4) feet;
2. the dock decking design and construction will
insure maximum light penetration, with full
consideration of safety and practicality;
3. the dock will extend out from the shoreline no
further than to a maximum depth of minus four
(-4) feet (mean low water);
4. when the water depth is minus four (-4) feet
(mean low water) 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 when necessary, shall be
designed to allow maximum water circulation
and shall be built in such a manner as to be part of
the dock structure;
6. terminal platform size shall be no more than
160 square feet; and
7. dredging to obtain navigable water depths in
conjunction with private residential, single dock
applications is strongly discouraged.
(c) Private residential multi-slip docks shall
conform to the following specific design standards
and criteria:
1. the area of sovereignty, submerged land
preempted by the docking facility shall not exceed
the square footage amounting to ten times the
riparian waterfront footage of the affected
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 use 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 futher riparian rights of ingress and esgress for
additional docking facilities;
2. docking facilities and access channels shall be
prohibited in Resource Protection Area 1 or 2,
except as allowed pursuant to Section
258.42(3)(e)1., Florida Statutes while dredging in
Resource Protection Area 3 shall be strongly
discouraged;
3. docking facilities shall only be approved in
locations having adequate existing water depths in
the boat mooring, turning basin, access channels,
and other such areas which will accommodate the
proposed boat use in order to insure that a minimum
of one foot clearance is provided between the deepest
drafts of a vessel and the bottom at mean low water;
4. main access docks and connecting or cross
walks shall not exceed six (6) feet in width;
5. terminal platforms shall not exceed eight (8)
feet in width;
6. finger piers shall not exceed three (3) feet in
width and 25 feet in length;
7. pilings may be utilized as required to provide
adequate mooring capabilities; and
8. the following provisions of Rule
18-20.004(5)(d) shall also apply to private
residential multi-slip docks.
(d) Commercial, industrial and other revenue
generating/income related docking facilities shall
conform to the following specific design standards
and criteria:
1. docking facilities shall only be located in or
near areas with good circulation, flushing and
adequate water depths;

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2. docking facilities an access channels shall be
prohibited in Resource Protection Area 1 or 2,
except as allowed pursuant to Sections
258.42(3)(e)1., Florida Statues; while dredging in
Resource Protection Area 3 shall be strongly
discouraged;
3. the docking facilities shall no be located in
Resource Protection Area 1 or 2; however, main
access docks may be allowed to pass through
Resource Protection Area 1 or 2, that are located
along the shoreline, to reach an acceptable Resource
Protection Area 3, provided that such crossing will
generate minimal environmental impact;
4. beginning July 1, 1986 new docking facilities
may obtain a lease on 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 governments comprehensive plan;
5. the siting of the docking facilities shall also
take into account the access of the boat traffic to
avoid marine grassbeds or other aquatic resources in
the surrounding areas;
6. the siting of new facilities within the preserve
shall be secondary to the expansions of existing
facilities within the preserve when such expansion
is consistent with the other standards;
7. the location of new facilities and expansioin of
existing facilities shall consider the use of upland
dry storage as an alternative to multiple wet-slip
docking;
8. marina siting will be coordinated with local
governments to insure consistency with all local
plans and ordinances;
9. marinas shall not be sited within state
designated manatee sanctuaries; and
10. 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.
(e) Exceptions to the standards and criteria
listed in Rule 18-20.004(5). Florida Administrative
Code, may be considered, but only upon
demonstration by the applicant that such exceptions
are necessary to insure reasonable riparian ingress
and egress.
(6) MANAGEMENT AGREEMENTS
The board my enter into management
agreements with local agencies for the
administration and enforcement of standards and
criteria for private residential single docks.
(7) In addition, to the policies, standards and
criteria delineated in subsections (1) through (6),
the provisions of the following management plans
apply to specific aquatic preserves and are
incorporated herein by reference. Where regulatory
criteria in 18-20, F.A.C., may differ with specific
policies in the management plans listed herein, the
general rule criteria shall prevail.

Date Adopted

Alligator Harbor September 23, 1986
Banana River September 17, 1985
Cockroach Bay April 21, 1987
Estero Bay September 6, 1983
Charlotte Harbor
(Cape Haze,
Gasparilla
Sound-Charlotte
Harbor, Matlacha
Pass and Pine Island
Sound) May 18, 1983
Indian River-Malabar
to Vero Beach Janurary 21, 1986
Indian River Lagoon
(Vero Beach to Fort
Pierce and Jensen
Beach to Jupiter
Inlet) January 22, 1985
Loxahatches
River-Lake Worth
Creek June 12, 1984
Nassau River-St.
Johns River Marshes
and Fort Clinch
State Park April 22, 1986
North Fork of the St.
Lucie River May 22, 1984
St. Joseph Bay June 2, 1987
St. Martins Marsh September 9, 1987
Terra Ceia April 21, 1987
Wekiva River August 25, 1987
Specific Authority 258.43(1) FS. Law implemented
258.41, 258.42, 258.43(1), 258.44 FS. History-New
2-25-81. Amended 8-7-85, Formerly 16Q-20.004
Transferred from 16Q-20.004, Amended 9-4-88.

18-20.005 User, Sales, Leases or Transfer of
Interestes in Lands, or Materials, Held by the
Board
Specific Authority 258.43(1) FS. Law Implemented
253.02, 253.12, 258.42 FS. History-New 2.-25-81,
Repeated 8-7-85. Formerly 16Q-20.05. Transferred from
16Q-20.005.
18-20.006 Cumulative Impacts. In evaluating
applications for activities within the preserves or
which may impact the preserves, the department
recognizes that while a particular alteration of the
preserve may constitute a minor change, the
cumulative effect of numerous such changes often
results in major impairments to the resources of the
preserve. Therefore, the department shall evaluate
a particular site for which the activity is proposed
with the recognition that the activity may, in
conjunction with other activities adversely affect the
preserve which is part of a complete and interrelated
system. The impact of a proposed activity shall be considered
in light of its cumulative impact on the
preserve's natural system. The department shall
include as a part of its evaluation of an activity;
(1) The number and extent of similar human
actions within the preserve which have previously
affected or are likely to affect the preserve, whether
considered by the department under it current
authority or which existed prior to or since the
enactment of the Act; and
(2) The similar activities within the preserve

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

which are currently under consideration by the
department; and
(3) Direct and indirect effects upon the preserve
and adjacent preserves, if applicalbe, which may
reasonably be expected to result from the activity;
and
(4) the extent to which the activity is consistent
with management plans for the preserve, when
developed; and
(5) The extent to which the activity is
permissible within the preserve in accordance with
comprehensive plans adopted by affected local
governments, pursuant to section 163.3161, F.S.,
and other applicable plans adopted by local, state,
and federal governmental agencies;
(6) The extent to which the loss of beneficial
hydrologic and biologic functions would aversely
impact the quality of utility of the preserve; and
(7) The extent to which mitigation measures
may compenstate for adverse impacts.
Specific Authority 258.43(1) FS. Law Implemented
258.36, 258.43, 258.44 FS. History- New 2-25-81.
Formerly 16Q-20.006. Transferred from 16Q20.006

18-20.007 Protection of Riparian Rights.
Specific Authority 258.43(1) FS. Law Implemented
258.123, 258.124(8),258.44 FS. History-New 2-25-81.
Repeated 8-7-85. Formerly 16Q-20.07. Transferred from
16Q-20.007.

18-20.008 Inclusion of Lands, Title to Which
is Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which are within
designated aquatic preserve boundaries, or adjacent
thereto and which are owned by other governmental
agencies, may be included in an aquatic preserve
upon specific authorization for inclustion by an
appropriate instrument in writing executed by the
agency.
(2) Lands and water bottoms which are within
designated aquatic preserve boundaries or adjacent
thereto, and which are in private ownership, may be
included in an aquatic preserve upon specific
authorization for inclusion by an appropriate
instrument in writing executed by the owner.
(3) The appropriate instrument shall be either a
dedication in perpetuity, or a lease. Such lease shall
contain the following conditions:
(a) The term of the lease shall be for a minimum
period of ten years.
(b) The board shall have the power and duty to
enforce the provisions of each lease agreement, and
shall additionally have the power to terminate any
lease if the termination is in the best interest of the
aquatic preserve system, and shall have the power to
include such lands in any agreement for
management of such lands.
(c) The board shall pay no more than $1 per year
for any such lease.
Specific Authority 258.43(1) FS. Law Implemented
258.40, 258.41 FS. History-New 2-25-81. Formerly
16Q-20.08. Transferred from 16Q-20.008.

18-20.009 Establishment or Expansion of
Aquatic Preserves.
(1) The board may expand existing preserves of
establish additional areas to be included in the
aquatic preserve system, subject to confirmation by
the legislature.
(2) The board may, after public notice and
public hearing in the county or counties in which the
proposed expanded or new preserve is to be located,
adopt a resolution formally setting aside such areas
to be included in the system.
(3) The resolution setting aside an aquatic
preserve area shall include:
(a) A legal description of the area to be included.
A map depicting the legal description shall also be
attached.
(b) The designation of the type of aquatic
preserve.
(c) A general statement of what is sought to be
preserved.
(d) A statement that the area established as a
preserve shall be subject to the management criteria
and directives of this chapter.
(e)A directive to develop a natural resource
inventory and a management plan for the area being
established as an aquatic preserve.
(4) Within 30 days of the designation and
establishment of an aquatic preserve, the board
shall record in the public records of the county or
counties in which the preserve is located a legal
description of the preserve.
Specific Authority 258.43(1) FS. Law Implemented
258.41 FS. History-New 2-25-81, Formerly 16Q-20-09,
Transferred from 16Q-20.009.

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

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

173

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18-20.017 INTERNAL IMPROVEMENT TRUST FUND V. 9, p. 692-2X

18-20.013 Development of Resource
Inventories and Management Plans for
Preserves.
(1) The board authorizes and directs division
to develop a resource inventory and management
plan for each preserve.
(2) The division may perform the work to
develop the inventories and plans, or may enter into
agreements with other persons to perform the work.
In either case, all work performed shall be subject to
board approval.
Specific Authority 258.43(1) FS. Law Implemented
253.03(7), 253.03(8) FS. History-New 2-25-81.
Ammended 8-7-85, Formerly 16Q-20.13, Transferred from
16Q-20.013.
18-20.014 Enforcement. The rules shall be
enforced as provided in Section 258.46.
Specific Authority 258.43.(1), FS. Law Implemented
258.46 FS. History-New 2.25-81. Formerly 16Q-20.14,
Transferred from 16Q-20.014.

18-20.015 Application Form.
Specic Authority 253.43(1) FS. Law Implemented
258.43 FS. History-New 2-25-81. Repeated 8-7-85.
Formerly 16Q-20.15, Transferred from 16Q-20.015.

18-20.016 Coordination with Other
Governmental Agencies. Where a Department of
Environmental Regulation permit is required for
activities on sovereignty lands the department will
coordinate with the Department of Environmental
Regulation to obtain a copy of the joint Department
of Army/Florida Department of Environmental
Regulation permit application and the biological
survey. The information contained in the joint
permit application and biological assessment shall
be considered by the department in preparing its
staff recommendations to the board. The board may
also consider the reports of other governmental
agencies that have related management or
permitting responsibilities regarding the proposed
activity.
Specific Authority 253.43(1) FS. Law Implemented
258.43 FS. History-New 2-25-81, Formerly 16Q-20.16,
Transferred from 16Q-20.016.

18-20.017 Lake Jackson Aquatic Preserve. In
addition to the provisions of Rules 18-20.001
through 18-20.016, the following requirements
shall also apply to all proposed activities within the
Lake Jackson Aquatic Preserve. If any provisions of this
Rule are in conflict with any provisions of Rules
18-20.001 through 18-20.016 or Chapter 73-534,
Laws of Florida, the stronger provision for the
protection or enhancement of the aquatice preserve
shall prevail.
(1) No further sale, transfer or lease of
sovereignty lands in the preserve shall be approved
or consummated by the Board, except upon a
showing of extreme hardship on the part of the
applicant or when the board shall determine such
sale, transfer or lease to be in the public interest.
(2) No further dredging or filling of sovereignty
lands of the preserve shall be approved or tolerated
by the Board of Trustees except:
(a) Such minimum dredging and spoiling as may
be authorized for public navigation projects or for
preservation of the lake according to the expressed
intent of Chapter 73-534, Laws of Florida; and
(b) Such other alteration of physical conditions
as may be necessary to enhance the quality of utility
of the preserve.
(3) There shall be no drilling of wells,
excavation for shell or minerals, and no erection of
structures (other than docks), within the preserve,
unless such activity is associated with activity
authorized by Chapter 73-534, Laws of Florida.
(4) The Board shall not approve the relocations
of bulkhead lines within the preserve.
(5) Not withstanding other provisions of this act,
the board may, respecting lands lying within the
Lake Jackson basin:
(a) Enter into agreements for and establish lines
delincating sovereignty and privately owned lands;
(b) Enter into agreements for the exchange and
exchange sovereignty lands for privately owned
lands;
(c) Accept gifts of land within or contiguous to
the preserve.
Specific Authority 258.39(26) FS. Law Implemented
258.39(26), 258.43 FS. History-New 8-7-85, Formerly
16Q-20.017, Transferred from 16Q-20.017.

174

BISCAYNE BAY AQUATIC PRESERVE CHAPTER 18-18

RULES

OF THE

BOARD OF TRUSTEES OF THE INTERNAL

IMPROVEMENT TRUST FUND

CHAPTER 18-18

BISCAYNE BAY AQUATIC PRESERVE

18-18.001 Intent
18-18.002 Boundaries and Scope of the Preserve
18-18.003 Scope of This Chapter
18-18.004 Definitions
18-18.005 General Management Criteria
18-18.006 Uses, Sales, Leases or Transfers of Interest
in Lands or Materials Held by the Board
18-18.007 Activities Involing Lands and Materials
Not Held by the Board
18-18.008 Cumulative Impacts
18-18.009 Exchange of Lands
18-18.010 Gifts of Lands
18-18.011 Agreements
18-18.012 Fishing
18-18.013 Additional Provisions
18-18.014 Procedures
18-18.015 Public Hearings
18-18.016 Enforcement
18-18.017 Application Form

18-18.001 Intent.
(1) The Biscayne Bay Aquatic Preserve, the
boundaries of which are fully described in 18-18.002. F.A.C.,
was established for the purpose of perserving and enhancing
Biscayne Bay and all natural waterways tidally connected
to the bay in an essentially natural condition so that its
biological and aethetic values may endure for the enjoyment
of future generations.
(2) These rules shall apply to all lands public and
private within the boundaries of the preserve. However,
privately owned uplands shall be excluded from these rules
except as otherwide provided for herein.
(3) In promulgating and implementing the rules, it
is the intent of the department to construe the provisions
of Sections 258.165 and 258.35 through 258.46, F.S.,
together and to apply the more stringent statutory
provisions for the maintenance of the preserve.
(4) The preserve shall be adminstered and managed
in accordance with the following goals:
(a) To preserve, protect and enhance Biscayne Bay
and all natural waterways tidally connected to the bay by
reasonable regulation of human activity within the preserve
through the development and implementation of a
comprehensive management program:
(b) To protect and enhance the waters of the preserve
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 to preserve:
(d) To use applicable federal, state, and local
management programs, which are compatible with the intent
and provisions of the Act and these rules, to assist in
managing the preserve;
(e) to encourage activities that protect or enhance the
biological and aesthetic values of the preserve, including but
not limited to the modification of existing manmade
conditions towards their natural condition when reviewing
applications or developing and implementing management
plans for the preserve:
(f) To preserve and promote indigenous life forms and
habitats including but not limited to sponges, soft corals,
hard corals, seagrasses, mangroves, mud flats, marine
reptiles, game and non-game fish species, marine mammals,
tropical marine invertebrates, birds and shellfish:
(g) To acquire additional title interests in land
wherever such acquistions would serve to protect or enhance
the biological or aesthetic values of the preserve.
Specific Authority 370.021(1), 258.165(4) FS. Law Implemented
258.165(1), 258.36, 258.165(2), 258.165(4), FS. History-New 3-20-50.
Formerly 16Q-18.01, Transferred from 16Q-18.001.

18-18.002 Boundaries and Scope of the Preserve.
(1) Biscayne Bay Aquatic Preserve shall be comprised
of all publicly and privately owned submerged lands the
water column over such lands and publicly owned islands
within the following described boundary. The preserve
boundary extends across the mouths of all artificial
waterways, but includes all natural waterways tidally
connected to Biscayne Bay.
(a) The preserve is described as follows: Biscayne
Bay, the northern limit of which is N.E. 163 Street; the Gietz
River north to its headwaters in the center of Section 32.
Township 31 South Range 42 East; Arch Creek to salinity
control structure at N.E. 135 Street, 175 fee; east of the
Florida East Coast Railroad tracks; Little Arch Creek to
salinity control structure LA-02 approximately 71 feet eas;
of the center line of N.E. 128 Street; Little River to salinity
control structure S-27 located at approximately N.E. 82
Terrace, 200 feet east of the Florida East Coast Railroad
tracks: Miami River to salinity control structure S-26,
located approximately 500 feet south of N.W. 36 Street;
South Fork of the Miami River, also known as Comioro
Canal, to salinity control structure S-25 located at N.W. 29
Avenue; Indian Creek south to and including Lake Pancoast,
but excluding Collins Canal: Coral Gables Waterway to the
intersection of Ingram Highway, Old Cutler Road, Sunset
and S.W. 42 Avenue, also known as Lejeune: Black Creek
to the most easterly salinity control structure located 0.5
miles upstream from the mouth in the eastern 1/2 of Section
21. near the boundary of Section 22. Township 56 South.
Range 40 East: and other tidally flushed natural waterways
in south Biscayne Bay which have no known name. Begin
at the southwest intersection of the right-of-way of State
Road 826 and the mean high water line of Biscayne Bay
(Township 52 South, Range 40 East, Dade County), thence
southerly along the westerly mean high water line of
Biscayne Bay to its intersection with the righ-of-way of
State Road 905A. (Township 59 South, Range 40 East,
Monroe County): thence easterly alon such right-of-way to
the easterly mean high water line of Biscayne Bay: thence
northerly along the easterly mean high water lin of
Biscayne Bay following the westerly shores of the most
easterly islands and Keys with connecting lines drawn

175

CHAPTER 18-18 BISCAYNE BAY ACQUATIC PRESERVE

between the closet points of adjancent islands to
the southeasterly intersection of the right-of-way of State
Road 826 and the mean high water line of Biscayne Bay, thence
westerly to the point of beginning.
(b) This description is not intended to exclude from
the preserve any natural waterways tidally connected to the
preserve, whether or not artificially altered, which are not
indentified in the above description.
(c) Excluded from the preserve are those submerged
lands of the Biscayne National Monument.
(d) For the purpose of clarification and interpretation,
the legal description set forth above does not include any
land which is expreslly recognized as privately owned upland
in a pre-existing recorded mean high water line settlemtn
agreement between the board and a private owner or owners.
Provided however in those instances whereain a settlement
Provided, however, in those instances wherein a settlement
agreement was executed subsequent to the passage of the
Florida Coastal Mapping Act, the determination of the mean
high water line shall be in accordance with the provisions
of such act.
(2) The attached map shows the general location of
the preserve. It is included for informational purposes only
and is not intended to be nor is it, an accurate depiction
of the legal boundaries of the preserve.
Specific Authority 370.021(1). 258.165(4), 258.43 FS. Law Implemented
258.163(2) FS. History-New 3-20-80. Formerly 16Q-18.02. Transferred from
16Q-18.002.

18-18.003 Scope of This Chapter.
(1) These rules are promulgated to clarify the
responsibilities of the department in carrying out its land
management functions as those functions apply within the
preserve. Implementation and responsibility for
environmental permitting of activities in the preserve are
vested in the Department of Environmental Regulation.
Since these rules are considered cumulative with other rules
a person planning or conducting an activity within the
preserve should also consult the other applicable department
rules as well as applicable rules of the Deparment of
Environmental Regulation.
(2) The rules are prospective in their application and
shall not apply to the Trustees or the Department of
Environmental Regulation prior to February 22, 1980; and
shall not affect previous actions to the Trustees concerning
the issuance of any easement or lease, or any disclaimer
concerning sovereign lands.
Specific Authority 256.165(4), 258.43 FS. Law Implemented 258.165(4), 258.43
FS. History-New 3-20-80. Amended 1-4-61. Formerly 16Q-18.03, Transferred
from 16Q-18.003.
18-18.004 Definitions.
(1) "Act" means the provisions of Section 258-156 and
258.35 through 258.46. F.S. Pursuant to the provisions of
Section 258-39(27). F.S., where Section 258.165 and 258.35
through 258.46. F.S., conflict the stronger provision for the
maintenance of the preserve shall prevail.
(2) "Activity" means any project and such other
human action within the preserve which may require a
license from the Department of Environmental Regulation.
(3) "Aesthetic values" means scenic characteristics
or amenities of the preserve in its essentially natural state
or condition and the maintenace thereof.
(4) "Applicant" means any person making application
for a permit license, conveyance of an interest in state owned
lands or any other necessary form of governmental approval
in order to perform an activity within the preserve.
(5) "Biological values" means the preservation and
promotion of indigenous life forms and habitats, including
but not limited to sponges, soft corals, hard corals,
seagrasses, mangroves, mud flats, marine reptiles, game and
non-game fish species, marine mammals, tropical marine
invertebrates, birds and shellfish.
(6) "Board" means the Governor and Cabinet sitting
as the Board of Trustees of the internal Improvement Trust
Fund.
(7) "Commercial/industrial dock" means a dock which
is located on or over submerged lands and which is used to
produce income or which serves as an inducement to renting,
purchasing, or using accompanying facilities including
without limitation multi-family residential facilities. This
term shall be constructed to include any dock not a private
dock.
(8) "Department" means the State of Florida
Department of Natural Resources, as administrator for the
board.
(9) "Dock" means a fixed or floating structure,
including moorings, used for the purpose of berthing
buoyant vessels either temporarily or indefinitely.
(10) "Essentially natural condition" means those
conditions which support the contiued existence or
encourage the restoration of the diverse population of
indigenous life forms and habitats to the extent the existed
prior to the significant development adjacent to and within
the preserve.
(11) "Extreme hardship" means a significant burden,
unique to the applicant and not shared by property owners
in the area. Self-imposed circumstances caused to any degree
by actions of any person subsequent to the enactment of
the Act sahll not be construed as an extreme hardship.
Extreme hardship under this axt shall not be construed to
include any hardship which arises in whole or in part from
the effect of other federal, state or local laws, ordinances,
rules, or regulations. The term may be inherent in public
projects which are shown to be a public necessity.
(12) "Fill" means materials deposited by any means
onto submerged lands or transitional zones or submerged
lands below mean high water within the preserve.
(13) "Lease" means a conveyance of interest in lands,
title to which is vested in the board, granted in accordance
with specific terms set forth in writing.
(14) "Marine" means a small craft harbor complex
used primarily for recreation.
(15) "Person" means individuals, minors,
partnerships, corporations, join ventures, estates, trusts,
syndicates, fiduciaries, firms, and all other associations and
combinations, whether public or private, including
governmental entities.
(16) "Pier" means a structure on or over the
submerged lands which is used by the public primarily for
fishing, swmming, sunbathing, or viewing the bay. A pier
shall not include a dock.
(17) "Preserve" means the Biscayne Bay Aquatic
Preserve which is an exceptional area of submerged bay
lands and natural waterways tidally connected to the bay
including all privately and publicly owned submerged lands,
the water column over such other lands, all publicly owned
islands, and such other lands as the board my purchase
or approve for inciusion.
(18) "Private dock" means a dock located on or over
submerged lands, which is used for private leisure purposes
for a single family dwelling unit and does not produce
income.
(19) "Project" means any human action within the
preserve requiring the use, sale, lease or transfer of interest
in sovereignty lands or severance of materials from
sovereignty lands.
(20) "Public interest" means demonstrable
environmental social and economic benefits which would

176

BISCAYNE BAY AQUATIC PRESERVE CHAPTER 18-18

accrue to the public at large as a result of a proposed action,
and which would clearly exceed all demonstrable
environmental social, and econimic costs of the proposed
action. In determining the public interest in a request for
use, sale, lease, or transfer of interest in sovereignty lands
of severance of materials from sovereignty lands, the board
shall consider the ultimate project and purpose to be served
by said use, sale, lease, or transfer or severance of materials.
(21) "Public navigation project" means a project
primarily for the purpose of navigation which is authorized
and funded by the United States Congress or by port
authorities as defined by Section 315.02(2). F.S.
(22) "Public necessity" means works or
improvements required for the protection of the health and
safety of the public consistent with the Act and these rules,
for which no other reasonable alternative exists.
(23) "Quality of the preserve" means the degree of
the biological and aesthetic values of the preserve necessary
for present and future enjoyment of it in an essentially
natural condition.
(24) "Resource managementj agreement" means a
contractual agreement between the board and one or more
parties which does not create an interest in real property
but merely authorizes conduct of certain management
activities on lands held by the board.
(25) "Riparian rights" means those rights incident to
lands bordering upon navigable waters as recognized by the
courts of this state and common law.
(26) "Sale" means a conveyance of interests in lands,
by the board for consideration.
(27) "Spoil" means materials dredged from
submerged lands which are redeposited or disdcarded by any
means onto either submerged lands or uplands not for the
purpose of creating new uplands.
(28) "Transfer" means the act of the board by which
any interest in lands, including easements, other than sale
or lease is conveyed.
(29) "Upland canal" means an artifical waterway.
irrespective of its purpose which is constructed above the
mean high water line and which is connected or intended
to be connected to the waters of the preserve.
(30) "Utility of the preserve" means fitness of the
preserve for the present and future enjoyment of its
biological and aesthetic values in an essentially natural
condition.
Specific Authority 370.021(1), 258.165(4), 258.43 FS. Law Implemented
258.165(4), 258.43 FS. History-New 3-20-80, Formerly 16Q-18.04, Transferred
from 16Q-18.004.

18-18.005 General Management Criteria. Before the
board approves the sale, lease of transfer of interest in state
lands or severance of materials therefrom, or the Executive
Director comments favorably concerning activites on
private lands within the preserve an applicant must
affirmatively demonstrate where applicalbe that:
(1) Proposed dredging is the minimum necessary to
accomplish the stated purpose and that the activity is
designed to minimize the need for maintenance dredging;
(2) No new lands will be created by filling or spoiling
unless no other alternative exists to accomplish the stated
purposes and project is designed to require the minimum
filing to accomplish the stated purpose of the activity
consisten with the protection of the preserve:
(3) Marian facilities over water are restricted to those
water dependent activities necessary to service boats and
allow for fishing or fish cleaning activities and are designed
to allow the unimpeded flow of water and minimize bottom
shading:
(4) Docks and piers are designed to allow the
unimpeded flow of water and minimize bottom shading:
(5) Utility cables are placed within the bottom or laid
on the bottom and located along a route in a manner which
will cause minimum disturbance to the marine habitats:
(6) Dredged spoil materials are disposed of outside
of the preserve unless the applicant affirmatively
demonstrates that the spoil will not be harmful to or will
benefit the quality of utility of the preserve.
Specific Authority 370.021(1), 258.165(4), 258.43, FS. Law Implemented
258.165(3),(4), 258.42 FS. History-New 3-20-80. Formerly 16-15.05,
Transferred from 16Q-18.005

18-18.006 Uses, Sales, Leases of Transfers of Interests
in Lands or Materials Held by the Board.
(1) A use, sale, lease or transfer of sovereign lands or
materials shall be subject to such terms, conditions or deed
restrictions as the board deems necessary to protect the
quality or utility of the preserve and futher the intent or
the Act and these rules. A condition of a sale, lease or
transfer of sovereign land materials shall be the applicant's
reimbursement for the department's cost of advertising and
notification of adjacent property owners.
(2) The document which manifests a use, sale, lease
or transfer of lands or materials shall state with
particularity, the projects to be conducted. Additional
projects not expressly included in the document are
prohibited and may be conducted only after further approval
by the board.
(3) Uses, Sales, Leases, or Transfers of Interest in
Lands.
(a) All projects to be conducted or lands held by the
board shall require prior approval of the board in the form
of a sale, lease, or transfer agreement or a resource
management agreement for the proposed use of such land.
(b) There shall be no futher use, sale, lease, or
transfer of interests in sovereignty submerged lands unless
an applicant affirmativley demonstrates sufficient facts to
support a finding by the board that:
(i) An extreme hardship exists for the applicant at the
time the application is filed: and
(ii) The use, sale, lease or transfer of interest and the
project planned in conjunction with the use, sale, lease or
transfer of interest is in the public interest: and
(iii) The project planned in conjunction with the use,
sale, lease, or transfer of interest is consistent with these
rules and management plans when developed for the
preserve:
(iv) If there are to be structures constructed or
dredging and filling undertaken on the sovereignty
submerged land, the project for wich use, sale, lease or
transfer of interest of severeignty submerged lands is sought
shall be one of the following:
1. a public navigation project;
2. creation or maintenance of a commercial/industrial
dock:
3. creation or maintenance of a marina:
4. creation or maintenance of a pie:
5. creation or maintenance of a shore protection
structure:
6. installation or maintenance of approved
navigational aids:
7. creation of replacement of sturctures required for
the installation or expansion of public utilities: and
8. other projects which are public necessity or which
are necessary to enhance the quality of utility of the preserve
and which are consistent with the Act and this chapter.
(v) In the case of the projects enumerated in
18-18.006(3)(v)1.,2.,3.,4.,5., and 6., F.A.C. the project
is designed so that the sturcture or structures to be built
in, on, or over submerged lands are limited to structures
necessary to conduct water dependent activities; and no

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CHAPTER 18-18 BISCAYNE BAY AQUATIC PRESERVE

other reasonable alternative exists which would allow the
proposed project to be constructed or undertaken outside
the preserve.
(c) A commercial/industrail dock on sovereignty lands
shall require a lease. Private docks to be constructed and
operated on sovereignty lands shall not require a lease of
those lands.
(d) The failure of the board to affirmativley find that
a project complies with the provisions of 18-18.006(3)Hbi.
F.A.C., shall preclude a finding of consistency with these
rules and management plans whenj developed for the
preserve.
(4) Sales or Transfers of Materials to Be Severed.
(a) There shall be no severance of bottom sediment
or rock unless an applicant affirmatively demonstrates
sufficient faces to support a finding by the board that:
(i) Sales or transfer of materials to be served and the
project planned in conjunction with that sale or transfer is
in the public interest: and
(ii) The sale or transfer of materials to be served and
the project planned in conjunction with the sale of transfer
of those severed materials is consistent with these rules and
the management plans when developed for the preserve.
(b) There shall be no excavation of shell or minerals.
(c) There shall be no sales or transfer of materials to
be severed for the sole or primary purpose of providing fill
or creating new lands.
(d) There shall be no drilling of wells within the
preserve.
(e) Spoil disposal within the preserve is discouraged
by the board. Spoil disposal will be approved within the
preserve only where:
(i) the placement of spoil is on a self-contained upalnd
site: or
(ii) the placement of spoil will enhance the quality or
utility of the preserve.
(5) The failure of the board to affirmatively find dthat
a project compiles with the provisions of Section
18-18.006(3)(b). F.A.C. shall preclude approval of the project
by the board.
Specific Authority 370.021 (1)/ 258.165(4). FS. Law Implemented
258.165(3), 258.42 FS. History-New 3-20-80. Formerly 16Q-18.06. Transferred
from 16Q-18.006.

18-18-.007 Activities Involing Lands and Materials
Not Held by the Board.
(1) The applicant for activities on lands not owned by
the board must be the owner or record or his authorized
agent. The applicant shall submit to the department
evidence of ownership or other forms or legal entitlement
as part of the application for activities on lands not owned
by the board.
(2) Applications for activities on lands not owned by
the board shall be reviewed by the department for
consistency with these rules and managemtn plans when
developed for the preserve. The findings shall be forwarded
in writing to the Department of Environmnetla Regualtion
by the Executive Director.
(3) Nothing in these rules shall be construed to impose
any of the requirements set forth in (1) and (2) above upon
development undertaken on upland portions of islands not
owned by the board in the preserve that does not require
a liscense pursuant to the water quality, dredge and fill and
solid waste provisions of Chapter 253 or 403, F.S.
Specific Authority 370.021(2), 258.165(4) FS. Law Implemented
258.165(2),(3),(4),(5), FS. History-New 3-20-80. Formerly 16Q-18.07. Transferred
from 16Q-18.007.

18-18.008 Cumulative Impacts. In evaluating
applications for activities within the preserve the
department recognizes, that while a particular alteration of
the preserve may constitute a minor change, the cumulative
effect of numerous such changes often results in major
impairments to the resources of the preserve. Therefore, the
deparment shall evaluate a particular site for which the
acticity is proposed with the recognition that the activity
is part of a complete and interrelated system. The impact
of a proposed activity shall be considered in light of its
cumulative impacts on the preserve's natural systems. The
department shall include as a part of its evaluation or an
activity:
(1) The number and extent of similiar human actions
within the preserve which have previously affected or are
likely to affect the preserve, whether considered by the
department under its current authority or which existed
prior to or since the enactment of the Act: and
(2) The similar activities within the preserve which
are currently under consideration by the department: and
(3) Direct and indirect effects upon the preserve which
may be reasonably expected to result from the activity: and
(4) The extent to which the activity is consistent with
management plans for the preserve when developed: and
(5) The extent to which the activity is permissible
within the preserve in accordance with comprehensive plans
adopted by affected local governments.
Specific Authority 370.02(1), 256.165(4), 258.43 FS. Law Implemented
258.165(1),(4), 258.36 FS. History-New 3-20-80. Formerly 16Q-16.06
Transferred from 16Q-18.006.

18-18.009 Exchange of Lands. The board in its
discretion may exchange lands for the benefit of the preserve.
provided that:
(1) In no case shall an exchange result in any land or
water area being withdrawn from the preserve: and
(2) Exchange shall be in the public interest and shall
maintain or enhance the quality or utility of the preserve.
Specific Authority 370.021(2), 258.165,(4), 258.43 FS. Law Implemented
258.165(3or2), 258.41(6) FS. History-New 3-20-80. Formerly 16Q-18.09,
Transferred from 16Q-18.009.

18-18.010 Gifts of Land. The board in its discrection
may accept any gift of lands or interests in lands within
or contiguous to the preserve to maintain or enhance the
quality and utility of the preserve.
Specific Authority 370.021(1), 258.165(4), 258.43 FS. Law Implemented
258.165(3) FS. History-New 3-20-80. Formerly 16Q-18.10. Transferred
from 16Q-18.010.

18-18.011 Agreements. The board may enter into
written agreements with owners of lands lying within or
contiguous to the boundaries of the preserve for any private
or public use of such lands and for their management as part
of the preserve.
Specific Authority 370.021(1), 258.165(4), 258.43 FS. Law Implemented
258.165(3or4) FS. History-New 3-20-80. Formerly 16Q-18.11. Transferred
from 16Q-18.011.

18-18-.12 Fishing.
(1) Fishing involving the use of series of nets is
prohibited in the preserve, except when the fishing is for
shrimp or mulier.
(2) Taking of fin fish by fish traps, setting of fish
traps, or causing such fish traps to be used within the
preserve is prohibited, except that fish traps no larger than
two (2) cubic feet with a maximum opening size of one (1)
inch by four (4) inches may be used for obtaining bait,
provided that such traps must be equiped with 4
biodegradable door or panel.
(3) Fishing activities form boats using seines or nets
shall not be conducted within 1,000 feet of a bridge or fishing
pier.
(4) Taking of indigenous life forms for sale or
commercial use is prohibited, except that this prohibtion

178

BISCAYNE BAY AQUATIC PRESERVE CHAPTER 18-18

shall not extend to the taking of fin fish or crustacea which
may be taken commercially under applicable laws, rules or
regulations.
(5) Members of the public may exercise their right
to fish, subject to statutory and regulator provisions
controlling such activities.
Specific Authority 380.021(1), 258.165(4), 258.43, FS. Law Implemented
258.165(4), 258.43(1) FS. History-New 3-20-80. Formerly 16Q-18-12.
Transferred from 16Q-18.012.

18-18-.013 Additional Provisions.
(1) Neither the establishment nor the management of
the preserve shall operate to unreasonably infringe upon the
riparian rights of upland property owners adjancent to or
within the preserve.
(2) The board encourages the creation of further
management criteria or plans to enhance or protect the
preserve. A management plan, which includes an inventory
of resources and a management scheme to futher aid in the
maintenance and enhancement of the biological and aesthetic
qualities of the preserve, shall be developed for the preserve.
This management plan shall be prepared by the department
or by other public or private entities in cooperation with the
department. Such criteria and plans, when developed may
be submitted to the board for consideration and inclusion
in the board's management plan for the preserve.
(3) Nothing in these rules shall serve to eliminate or
alter the requirements or authority of other governmental
agencies, including the preserve provided that such requirements
or authority are not inconsistent with the Act and these
rules.
Specific Authority 370.021(1), 258.165(4), 258.43 FS. Law Implemented
258.165(4), 258.43, 258.44 FS. History-New 3-20-80. Formerly 16Q-18.13.
Transferred from 16Q-18.013.

18-18.014 Procedures.
(1) Applications for activities within te preseve shall
be made to the Department of Environmental Regulation
upon the application form specified in Chapter 17 and
Section 18-18.016. F.A.C. These forms shalls be available
at the department and the Department of Environmental
Regulation.
(2) The department shall review all information
provided by the applicant to determine if the application
supplies the information necessary to evaluate the applicant
for matters within the purview of the department. Within
30 days of receipt of the application, the department shall
notify the applicant in writing of any additonal information
it requires.
(3) No application shall be considered complete until
the department receives the following:
(a) All information requested by the department in
accordance with 18-18.014(2). F.A.C.
(b) The hydrographic and/or biological survey if
required or performed by the Deparment of Environmental
Regulation including the Department of Environmental
Regulation evaluation thereof, if any.
(4) To be considered complete applications for uses,
sales, leases, or transfers of land held by the board shall
include evidence of all necessary local government approvals.
This provision shall not be contrued to include local
approvals which by local ordinance or resolution, cannot
be granted until state permits are issued or which are
contingent upon approval of the board of the use, sale, lease,
or transfer of interest in lands held by the board.
(5) Within 30 days of receipt of a completed
application for sale, lease, or transfer of lands held by the
board or a request to dredge, fill or spoil in the preserve,
or perform an activity specified in Section 258.165(5). F.S.,
the department shall publish notice of the pending
application and the public hearing thereon as specified below.
(6) All notices will be sent to the applicant and
published in a newspaper of general circulation in the county
in which the activity is located and in the Florida
Administrative Weekly. Those individuals who requested
in writing notices concerning ther particular activity or all
activity within the preserve shall also be notified.
(7) Notices shall include the name of the applicant,
general location of the activity, type of activity, action
requested of the board and the date, time and plajce of the
proposed public hearing.
(8) Notices of requests for sale, lease or transfer of
lands shall be published in accordance with Section 253.115,
F.S. All other notices shall be published by a single
newspaper publication at least 14 days prior to the hearing.
(9) Hearings on applications for dredge, fill, or spoil
projects in the preserve or activities specified in Section
258.165(5). F.S., shall be held as specified in the notice.
Hearings on applications for sale, lease or transfers of land
shall only be held if the department is notified in writing
that a hearing is requested. The request must be received
by the department at least 7 days prior to the date for the
hearing specified in the notice.
(10) All public hearings shall be held jointly with the
Department of Environmental Regulation to the greatest
extent possible.
Specific Authority 370.021(1), 258.165(4), 258.43 FS. Law Implemented
258.165(3)or(4), 258.43, 253.03, 253.113 FS. History-New 3-20-80. Formerly
15Q-18.14. Transferred from 16Q-16.014.

18-18.015 Public Hearings.
(1) The provisions of this section shally apply to public
hearings conducted pursuant to Section 253.115 and Section
258.165(3)(b), F.S. for activities within the preserve.
(2) The public hearings shall be conducted in
accordance with the following:
(a) The hearing shall be conducted in the county in
which the activity would occur by a hearing officer who is
a deparment staff member or a hearing officer assigned by
the Division of Administrative Hearings. The hearing officer
may not participate in any other department consideration
of the application apart from duties as a hearing officer.
(b) The public hearing shall be mechanically recorded
and be transcribed by an person at his cost.
(c) The order of presentation of testimony shall be as
follows:
(i) The applicant shall proceed first, presenting as a
minimum the description of the project and surrounding land
uses, its benefits or detriments to the preserve, the extreme
hardship resulting from a failure to grant the relief sought
and the public interest, if applicable.
(ii) The department staff shall proceed second and
may present whatever information it wishes to present on
matters concerning the application.
(iii) Representatives of other federal, stae, or local
agencies shall proceed third and may present whatever
information they wish to present on matters concerning the
application.
(iv) Any other interested persons or members of the
public may make their presentation at the conclusion of the
agencies presentation.
(v) The hearing office may permit any person to
present testimony at times other than those specified above
for the convenience of the applicant, agencies, or members
of the public if the presentation would not disrupt the orderly
flow of information.
(d) Written documents may be submitted to the
hearing officer as long as the hearing record is held open.

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CHAPTER 18-18 BISCAYNE BAY AQUATIC PRESERVE

(e) The hearing officer may allow limited questions of
witnesses presenting factual or expert testimony, of in the
opinion of the hearing officer, the questions would add
substantivley to the information upon which the decision
will be based. Questions may be allowed at the conclusion
of the witnesses testimony or at some later time during the
hearing.
(f) Objections to testimony shall not be available to
any person participating in the hearing, however, the hearing
officer shall limit testimony to those matters which are
relevant to the proceeding.
(3) The hearing offiver shall prepare and submit a
report to department within 14 days from the completion
of the hearing or preparation of the hearing transcript, if
any, which ever later occurs.
(4) The Executive Director shall submit a
recommendation concerning a project to the board for its
consideration or comments to the Deparment of
Environmental Regulation in accordance with Section
18-18.007. F.A.C.
(5) A copy of the agenda item shall be sent to each
individaul requesting a copy in writing. The agenda item
with the department recommendation, and the consistency
review shall contain a statement which allows substantially
affecte persons to request a hearing, pursuant to Section
120.57. F.S. within 14 days from receipt. The agenda item
shall also contain amy response to the request for comments
on the activity from the Game and Fresh Water Fish
Commission as well as from the county municiapl
governments in which the activity would occur. Failure to
request a hearing during the time period shall bar such relief.
Specific Authority 370.021(1), 258.165(4), 258.43 FS. Law Implemented
258.165)4), 253.03, 253.115, FS. History-New 3-20-80. Formerly
16Q-18.15. Transferred from 16Q-18.015.

18-18.016 Enforcement These rulses shall be enforced
as provided in Sections 258.165(7), 258.46, 370.021, and
775.082 or 775.083. F.S.
Specific Authority 370.021(1), 258.165(4), 258.43 FS. Law Implemented
258.165(7), 258.46, 370.021(1) FS. History-New 3-20-80. Formerly 16Q-18.16.
Transferred from 16Q-18.016.

18-18.017 Application Form.
(1) The application form is comprised of the joint
Department of Army/Floriday Department of Environmental
Regulation forms for activities in waters of the State of
Florida (SAJ Form 983. eff 7/77 available from Department
of Environmental Regulation) and the department's
application for activities within the Biscayne Bay Aquatic
Preserve (eff. 3/80 available from Division of State
Lands). It is the intent of these rules to adopt a single form
which shall be filed with the Department of Environmental
Regulation to include all activities within the preserve. It
is the further intent of the deparment to adopty any new
Department of Environmental Regulation forms for
activities within the preserve, as rules, when normally
adopted by the Department of Environmental Regulation.
(2) Deparment of Natural Resources Board of
Trustees of the Internal Improvement Trust Fund
Application for Activities in Biscayne Bay Aquatic Preserve
(eff. 3/80. available from Division of State Lands).
Specific Authority 256.163(4), 258.43, 370.021, FS. Law Implemented 258.145,
256.35m 256.46, FS. History-New 3-20-80. Formerly 16Q-18.17. Transferred from
16Q-18.017.

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