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






                     BISCAYNE. BAY.
                        CARD SOUND


            AQUATIC PRESERVE MANAGEMENT PLAN












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        QH                      1991
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                   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











                                    OF






       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



                                      iv











                                     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


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          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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                                                                         34              35                                                            CHAPTER 74-171, FLORIDA STATUTES
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                                AQUATIC
                               PRESERVES

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          AQUATIC PRESERVES ARE ESTABLISHED
            BY THE FLORIDA LEGISLATURE AND
              INCLUDE ONLY STATE OWNED
             SOVEREIGNTY SUBMERGED LANDS.
          THE GOVERNOR AND CABINET SITTING
             AS TRUSTEES OF THE INTERNAL
             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
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   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


                                            9









              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


                                            10








           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."







                                            12









           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


                                            13









                               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


                                              14








                    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;





                                        15








                         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.




                                             16









          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.













                                         17
























































































                                                                18











                                    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


                                         19








              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


                                            20









          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


                                        21








             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.



                                            22








          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


                                        23








              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


                                            24









          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


                                         25









              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


                                            26








           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.


                                          27









               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).


                                               28




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                                                                 30








          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.


                                        31








              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


                                              32








           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


                                            33








                    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




                                            34








          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.




                                         35








               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



                                               36









        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


                                         37




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          *



                             38




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


                      39











                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 ï¿½pp.

           (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


                                             40









             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


                                            41









                 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.


                                             42








          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


                                        43








               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.



                                               44









          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


                                          45









               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.






                                               46











                                      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


                                          47










                     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.


                                                 48





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



                   49










                   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)







                                            50











          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,


                                          51









              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


                                              52








          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


                                          53









              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



                                             54











            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


                                         55








                     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.


                                                 56











          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



                                          57









               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


                                              58








          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


                                          59










              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-


                                               60









          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


                                          61








               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


                                                62








          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



                                          63









              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


                                            64









          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


                                         65












            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.)








                                              66











          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.


                                        67








              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


                                             68








          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).













                                        69



























































































                                                                70











                                    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,



                                         71








                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



                                                72








          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


                                         73








               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)



                                              74











                                         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


                                            75








                   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.


                                             76





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                                                                 78










           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


                                            79








               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


                                              80









          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


                                             82









          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.



























                                        83
























































































                                                                 84











                                       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.



                                           85








              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


                                            86









                (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.




                                         87








             '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;



                                             88








          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


                                          89









                   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;


                                              90









          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




                                         91








                   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.



                                            92








                     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,


                                         93









                    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


                                             94








           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


                                           95








               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.







                                              96











          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.





                                         97









              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.















                                            98










                                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.







                                          99










                                   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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              010
              ce) Iq






                                                                                          Broad K









                   T58S
                                                                         Pumpkin Key
                   T59S                               /Ow I



                                                                                 .........
                                               CARD SOUND


                                                                                     LU LU
       905A                                                                          C)
                      LITTLE CARD
                        SOUND                                                                    F


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                             00,
                                                                                905










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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


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          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


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              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


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          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.




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          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


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               (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:
                               ï¿½  a description of all communities/habitats,
                               ï¿½  a description of the bottom type.,
                               ï¿½  depth profiles,
                               ï¿½  tidal    amplitude     and    stage      (where
                                  appropriate), and
                               ï¿½  a physical description of     the surrounding
                                  waterbody;
                               ï¿½  adjacent and adjoining uses, and
                               ï¿½  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





                                            122








             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.



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             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.)













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                                     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


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               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








                                                                                                                                                                                         0























                                    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.



















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                                                                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.)








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                                                                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












                                      REFERENCES



        Almodovar, L.R. and R. Biebl. 1962. Osmotic resistance of mangrove
              algae around La Parguera, P.R. Rev. Algol. (N.S.) 6(3): 203-
              208.

        Arendt, W.J., T.A. Vargas Mora, and J.W. Wiley. 1979. White-
              crowned pigeon: status rangewide and in the Dominican
              Republic. Proc. Ann. -Conf. S.E. Assoc. Fish and Wildlife
              Agencies. 33: 111-122.

        Bacon, P.R. 197'0. The ecology of Caroni Swamp. Special Publication,
              Central Statistical Office, Trinidad. 68 pp.

        Ballentine, D. and H.J. Humm. 1975. Benthic algae of the Anclote
              estuary I. Epiphytes of seagrass leaves. Fla. Sci. 38(3):150-
              162.


        Barbour, D.B.. and S.R. Humphrey. 1982. Status and habitat of the
              Key Largo woodrat and cotton mouse (Neotoma floridana
              smalliand Peromyscus gossypinus allanaticola). -J. Mamm.
              63:144-148.


        Barnes, R.D. 1974. Invertebrate Zoology. Third Ed. W.B. Saunder
              Co., New York. 870 pp.

        Beever, J.W., D. S   imberloff, and L.L.,King. 1979. Herbivory and
              predation by the mangrove tree crab, Aratus lpisonii..
              Oecologia 43: 317-328.

        Bent, A.C. 1932. Life histories of North American birds. U.S. Natl.
              Mus. Bul. 162 pp.

        Brook, -1. 1975. Some aspects of the trophic relationships among
              the higher consumers in a seagrass community (Thalassia
              testudinum) in Card Sound, Florida. Dissertation. University
              of Miami, Coral Gables, Florida. 133 pp.

        Bullen, A.K. 1965. Tequestas. Pp. 317-349 IN C.W. Tebeau and R.L.
              Carson,-Eds. Florida from Indian Trail to Space Age. Vol. I-
              III. Southern Publ. Co., Delray Beach, Florida.

        Cairns, S.D. 1976. Guide to the*commoner shallow-water gorgonians
              (sea whips, sea feathers and sea fans) of Florida, the Gulf
              of Mexico, and the Caribbean region. University of Miami sea
              Grant Program (NOAA Sea Grant No.' 04-5-158-14), Miami,
              Florida..74pp.

        Carr, A.W. and C.J. Goin. 1955. Reptiles, Amphibians and Freshwater
              Fishes of Florida. University of Florida, Gainesville. 341 pp.



                                          153









           Carr, W.E.S. and C.A. Adams. 1973. Food habits of juvenile marine
                 f ishes occupying seagrass beds in the estuarine zone near
                 Crystal River, Florida. Trans. Am. Fish. Soc. 102(3): 511-
                 540.

           Carter, K.E. 1976. TheRumskudgeo  n: Housman, Wrecker of Indian Key.
                 BPK Press, Hialeah, Florida. 125 pp.,

           Carter, M.R.., L.A. Burus, T.R. Cavinder, K.R. Dugger, P.L. Fore,
                 D.B. Hicks, H.L. Revells, and T.W. Schmidt. 1973. Ecosystem
                 analysis of the. Big Cypress Swamp and estuaries. U.S.
                 Environmental Protection Agency Region IV, Atlanta.

           Casagrande, D.J. and P.H. Given. 1975. Geochemistry of amino acids
                 in some Florida peat accumulations. I. Analytical approach and
                 total amino acid concentration. Geochim. Cosmochim. Acta
                 38:419-434.

           Chapin, G.M. 1914. Florida 1513-1913, Past Present and Future. S.T.
                 Clarke Pub. Co., Chicago. 628 pp.

           Chapman, V.J. 1976. Coastal Vegetation. Pergamon Press, New York.
                 292 pp.

           Cintron, G., A.E. Lugo, D.J. Pool, and G. Morris. 1978. Mangroves
                 of arid environments in Puerto Rico and adjacent islands..
                 Biotropica 10:110-121.

           Coastal Coordinating Council. 1974. Florida Keys Coastal Zone
                 Management Study. Florida Department of Natural Resources. 138
                 PP.

           Conover, J.T. 1968.  .Importance of natural diffusion gradients and
                 transport of substances related to benthic marine plant
                 metabolism. Bot. Mar. 11(1-4): 1-9.

           Corcoran, E.F., M.S. Brown, and A.D. Freay. 1984.      The study of
                 trace   metals,   chlorinated   pesticides,     polychlorinated
                 biphenyles and phthalic acid esters in sediments of Biscayne
                 Bay. University of Miami, Rosenstiel School of Marine and
               .Atmospheric Science, Miami, Florida. 58 pp.

           .Courtney, C.M. 1975. Mangrove and seawall oyster communities at
                 Marco Island, Florida. Bull. Am. Malacol Union Inc. 41:-29-32.

           Dade  County/Department of Environmental Resources Management.
                 1987. Biscayne Bay and Miami River: A water quality summary.
                 Metropolitan Dade County, Florida. DERM Tech. Rep. '1987. 38
                 PP.








                                            154








        Davis, J.H., Jr. 1940. The ecology and geologic role of mangroves
              in Florida. Carnegie Institute, Washington, D. C. Publ. 517.
              Tortugas Lab Pap. 32:303-412.

        Dean, L. 1982. Reef Lights. J.B. Klay and Sons, Tampa, Florida.
              134 pp.

        Duellman,  W.E. and A. Schwartz. 1958. Amphibians and reptiles of
              southern Florida. Bull. Fla. State Mus. 3: 181-324.

        Douglas,,M.S. 1990. Dedication speech at Everglades National Park.

        Earley, C.F. and H.G. Goodell. 1968. The sediments of Card Sound,
              Florida. Jour. Sed. Pet. 38:(4) 985-999.

        Eldred, B., R.M. Ingle, K.D. Woodburn, R..F. Hutton, and J. Jones.
              1961. Biological observations . on the commercial shrimp,
              Penaeus duorarum Burkenwaldf in Florida waters. Fla. State
              Board Conserve. Mar. Prof. Pap.-Ser. 3: 1-139.

        Eldred, B., C.R. Futch, and R.M. Ingle. 1972. Studies.of juvenile
              spiny- lobsters, - Panulirus 51rgus, in Biscayne Bay, Florida.
              Fla. Dept. Nat. Resour. Mar. Res. Lab. Spec. Sci. Rep. 35. 15
              pp-

        Emmel, T.C. 1986 (a) . Status survey and habitat requirements of
              Florida's endemic Schaus swallowtail butterfly. Florida
              Gameand    Fresh      'Water    Fish    Commission,     GFC-84-028.
              .Tallahassee,FL. 122. pp.

        Emmel, T. C. 198 6 (b) . Pesticide ef f ects on the survival of the
              Schaus    swallowtail    butterfly.     Elizabeth. Ordway       Dunn
              Foundation, Inc., Miami. 56 pp.

        Environmental Protection Agency. 1981. Effects of Baytex and
             .malathion on early life stages of snook,                Centropomus
              undecimalis. Surveillance and Analysis Division, Ecology
              Branch, Athens, Georgia. 7 pp.

        Ernst, C.H. and R.W. Barbour. 1972. Turtles of-the United States.
              University of Kentucky Press, Lexington. 299 pp.

        Eyster, I.R. 1987. History and historic sites in the Florida Keys.
              Personal communication.


        Fell, J.W., R.D. Cefalu, I.M. Master, and S.S. Tallman. 1975.
              Microbial activities in the mangrove (Rhizophora mangle) leaf
              detrital system. Pp. 661-679 IN G..Walsh, S. Snedaker and H.
              Teas, Eds. Proceedings of the International Symposium on the
              Biology and Management of Mangroves. University of Florida,
              Gainesville.





                                           155









           Fell, J.W., I.M. Master, and S.Y. Newell. 1980. Laboratory model
                of the potential role of fungi (Phytoiohthora spp.) in the
                decomposition of red mangrove (Rhizophora mangle) leaf litter.
                IN K.R. Tenore and B.C. Coull, Eds. Marine Benthic Dynamics.
                University of South Carolina Press, Columbia.

           Florida Department of Environmental Regualtion. 1990. Unpublished
                water quality data for Card Sound Bridge Station 1989-90.

           Florida Department of Environmental Regulation. 1991. Permit data
                for on-site sewerage disposal systems at Angler's Club and
                Ocean Reef Club on Key Largo and permit authorizations for
                reverse osmosis plant at Ocean Reef Club. Florida Keys Field
                Office Files, Marathon.

           Florida Department of Natural Resources. 1990(a). Conservation and
                Recreation Lands (CARL) project updates provided by Jean
                Parks-Straub for the North Key Largo Hammocks State Botanical
                Site.

           Florida Department of Natural Resources.      1990(b). Division of
                Marine Resources unpublished data on     mortality of Florida
                manatees for 1989.

           Florida Department of Natural Resources.      1990 (c) . Division of
                Marine Resources,     marine   Fiseries  Information     Service
                unpublished preliminary landings statistics for selected
                species of fish and sponges for 1989%

           Florida Game and Fresh Water Fish Commission. 1984. Endangered and
                Threatened  Species Management and Conservation Plan, 1984
                Update and Progress Report. Tallahassee, Florida. 33 pp.

           Florida Game and Fresh Water Fish Commission. 1990. Endangered and
                Potentially Endangered Fauna and Flora in Florida, Official
                List. Tallahassee, Florida. 19 pp.

           Goodyear, N.C. 198. Results of a study   of Key Largo woodrats and
                cotton mice: Phase I, spring and    summer, 1985. Pp. 1-76 IN
                North Key Largo Habitat Conservation Plan, 1989. Monroe County
                Growth Management Division, Key West, Florida.

           Hammer, L. 1968. Anaerobiosis       in marine algae and marine
                phanerogams. Pp. 414-419 IN    K.Nisizawa, Ed. Proceedings of
                the 7th International Seaweed  Symposium. University of Tokyo
                Press, Tokyo.

           Harlin, M.M. 1971.- Translocation between marine   hosts and their
                epiphytic algae. Plant Physiol. 47: 41.

           Hersch, S.L. 1981. Ecology of the Key Largo woodrat (Neotoma
                floridana smalli). J. Mamm. 62:201-206.



                                           156








       Hess, S.C. 1978. Guide to the commoner shallow-water        asteroids
             (Starfish) of Florida, the Gulf of Mexico, and the    Caribbean
             region. University of Miami Sea Grant Program (NOAA   Sea Grant
             Program No. 04-5-158-14). Miami. 37pp.

       Hoffman, M.S. (Editor) 1991. The World Almanac and Book     of Facts.
             Pharos Books, Scripps Howard Co., New York. 960 pp.

       Hoffmeister, J.E. 1974. Land from the Sea. Univ. of Miami Press.
             143 pp.

       Holle, D. 1991. Crocodile   Lake National Wildlife Refuge. Current
             acreage purchased in  Key Largo. Personnal communication..

       Humphrey, $.R. and D.B. Barbour. 1979. Status and habitat.of eight
             kinds of endangered and threatened rodents in Florida. Special
             Scientific Report No.2. Office of Ecological Services, Fla.
             State Mus. 17 pp.

       Jacobsen, T. 1983. Crocodilians and  'islands: status of the American
             alligator and the American crocodile in the Lower Keys.
             Florida Field Naturalist 11: 1-24.

       Japp,, W.C. 1984. The ecology of the south Florida coral reefs: a
             community profile. U.S. Fish Wildl. Serv. FWS/OBS-82/08. 138
             pp-

       Kaplin,  E.H. 1982. A Field Guide to Coral Reefs of the Caribbean
             and Florida. Peterson Field Guide Series. Houghton, Mifflin
             Co. Boston Mass. 289 pp.

       King, W. and T. Krakauer. 1966. The exotic herpetofauna of
             southeastern Florida. Quart. J. Florida Acad. Sci..29: 149-
             154.

       King, W. and T. Krakauer. 1968.--The ecology of the neotropical
             toad, Bufo marinus, in south Florida. Herptolo'gical 24: 214-
             221.   1


       Krakauer, T. 1970. The invasion of the toads. Fla. Nat. 44: 12-14.

       Kushlan, J.A. 1978. Feeding ecology of wading birds. Pp. 249-297.
             IN A. Sprunt IV, J. Ogden, and S. Wicker, Eds. National
            'Audubon Society Res. Rep. 7'. New York.

       Layne, J.N. 1974. The land mammals of. south Florida. Miami Geol.
             Soc. Mem. 2: 386-413.


       Lazell, J.D. 1989. Wildlife of the Florida Keys: A Natural History.
             Island Press, Washington, D.C. 250 pp.





                                        157









            Lee, T.N. and C. Rooth. 1972. Exchange processes in shallow
                  estuaries. University of Miami: Sea Grant Bulletin No. 4. 33
                  pp-

            Lewis, R.R. and R.C. Phillips. 1980. Occurrence of seeds and
                  seedlings of Thalassia testudinum Banks EX Konic in the
                  Florida Keys (USA). Aquatic Bot. 9: 377-380.

            Lewis, R.R., R.C. Phillips, D.J. Adamek, and J.C. Cato. 1981. Draft
                  final report on seagrass revegatation studies in M o n r o e
                  County'. Report by Continential Shelf Associates to the Florida
                  Department of Transportation. 65 pp-

            Lineback, J.A. 1968. Macrofaunal and floral distributions and
                  controls in Coupon Bight, Lower Florida. Ohio Acad. Sci.
                  Meeting. Toledo, Ohio. (Abst;)

            Lugo, A.E. and S,.C. Snedaker. 1974. The ecology of mangroves. Annu.
                  Rev. Ecol. Syst. 5:39-64.
            Lugo, A.E., G. EVink, M-M". Brinson, A. Broce, and S.C. Snedaker.
                  1975. Diurnal rates of photosynthesis, respiration and
                  transpiration in mangrove forests in South Florida. Pp. 335-
                  350 IN F. Golley and G. Medina, Eds. Tropical Ecological
                  Systems. Academic Press, New York.

            Lugo, A.E., R.R. Twilley, and C. Patterson- Zucca. 1980. The role
                  of black mangrove forests in the productivity of coastal
                  ecosystems in South Florida. Report to E.P.A. Corvallis
                  Environmental Research Laboratory. Carvallis, Oregon.,
                  281 pp.

            Lund, F. 1978. Atlantic ridley turtle. Pp. 25-26 IN Rare and
                  Endangered Biota of Florida, Vol. 3, Amphibians and Reptiles.
                  E.W.   McDiarmid,    Ed.   University    Presses    of    Florida,
                  Gainesville.

            Lutz, P.L. and Dunbar-Cooper, A. 1982. The     nest environment of the
                  American crocodile (Crocodylus acutus). Everglades National
                  Park, South Florida Research Center Report T-671. 39 pp.

            Marszalek, D., G. Babashoff, M. Noel, and P. Worley. 1977. Reef
                  distribution in south Florida. Pp. 223-230 IN Proceedings:
                  Third International Coral Reef Symposium, V:o__1. 2. University
                  of Miami, Florida.

            Martin, S.W. 1949. Florida's Flagler. University of Georgia Press,
                  Athens, Georgia.'280 pp.

            Marx, J.M. Settlement of spiny lobster, Panulirus argus, Pueruli
                  in south Florida: an evaluation from two perspectives.
                  Canadian Jour. of Fisheries and Aquatic Sciences 43 (11)     2221-
                  2227.



                                              158









       Mattox, N.T. 1949. Studies on the biology of the edible        oyster,
             Ostrea rhizophorae, Guildinq, in Puerto Rico. Ecol.      Monogr.
             19: 339-356.

       McGill, J.T. 1959. Coastal Classification Maps. Pp. 1-22       IN R. J.
             Russel, Ed. Second Coastal Geography Conference.         Coastal
             Studies Instit. Louisiana State University, Baton Rouge,
             Louisiana.

       McMillan, C. .1971. Environmental factors affecting seedling
             establishment of the black mangrove on the Central Texas
             Coast. Ecology. 52:927-930.

       Meylan, A. 1988. Spongivory in hawksbill turtles: a diet of glass.
             Sci. News. 133(5): 70.

       Moler, P. 1991. Current nesting   activity of the American crocodile
             in Florida. Personal*communication.

       Monroe County. 1.986. Florida Keys Comprehensive Plan,. Vol. I"III.
             Planning Department, Key West.'

       Monroe County., 1989. North Key Largo Habitat Conservation Plan.
             Growth Management Division, Key West. 97 pp.

       Morris, A.M. (Ed..) 1989. The Florida Handbook 1989-1990. Peninsular
             Publ. Co. Tallahassee, Florida. 728 pp.

       Multer, H.G. 1977. Field Guide to Some Carbonate Rock Environments-
             Florida Keys and Western Bahamas. Kendall/Hunt -Publ. Co.
             Dubuque, Iowa. 425 pp.

       National Marine Fisheries Service. 1986. Unpublished data Florida
             fish landings (Monroe and Dade counties) . National Marine
             Fisheries Service, Southeast Fisheries Center. Virginia Key,
             Florida. 6 pp.

       Odum, W.E. 1970. Pathways of energy flow in a South Florida
             estuary. University of Miami Sea Grant Bull. 7. 162 pp.

       Odumf W.E. 1971. Fundamentals , of Ecology. Saunders Publ. Co.
             Philadelphia, Pa. 574 pp.

       Odum, W.E. and E.J. Heald. 1972. Trophic analysis of an estuarine
             mangrove community. Bull. Mar. Sci. 22: 671-738.

       Odum, W.E. and E.J. Heald. 1975. The detritus-based foo    d web of an
             estuarine mangrove community. PP. 265"268 IN Estuarine
             Research. Academic Press, New York.






                                         159








            Odum,.W.E., C.G. McIvor, and     T.J. Smith, 111. 1982. The mangroves
                  of South Florida: A community profile. U.S. Fish and Wildlife
                  Service, office of Biological Services. Washington, D.C.
                  'FWS/OBS-8/24. 144 pp.

            Ogden, F.C. 1978. Status and nesting biology of the American
                  crocodile, Crocodylus acutus (Reptilia, Crocodilidae) in
                  Floridai J. Herp. 12(2):183-196.

            Onuf, -C..P., J.M. Teal, and I. Valiela. 1977. Interactions of
                  nutrients, plant growth and herbivory in a mangrove ecosystem.
                  Ecology 58: 514-526.

            Opresko, D. 1973      Abundance and distribution of shallow-water
                  gorgonians in the area of Miami, Florida. Bull. Mar. Sci.
                  23(3): 535-558.

            Opresko, L.K., R. Thomas, and F.M.Bayer. 1976. Guide to the larger
                  marine gastropods of Florida, the Gulf of Mexico, and the
                  Caribbean region. Univ. of Miami Sea Grant'Program, NOAA Sea
                  Grant No. 04-6-158-44005. Miami. 54pp.

            Orpurt, P.A. and L.L. Boral. 1964. The flowers, fruits, and seeds
                  of Thalassia testudinum Konig. Bull. Mar. Sci. Gulf Carib. 14:
                  296-302.


            Paulson,  D. R. 1968. Variation in some snakes from. the Florida Keys.
                  Quart. Jour. Florida Acad. Sci..29(4); 294-308.

            Phillips, R.C. 1960. Observations on the ecology And distribution
                  of the Florida sea grasses. Prof. Pap. Ser. Fla. Board' of
                  Conservation (2): 1-72.

            Rehm, A.E. 1974. A study of the marine algae epiphytic on the prop
                  roots of Rhizophora mangle L. from Tampa to Key Largo,
                  Florida. Dissertation. University of South.Florida, Tampa.
                  183 pp.

            Rehm,  A.E. 1976. The effects of the wood-boring Isopod, Sphaeroma
                  terebans, on the mangrove communities of Florida. Environ.
                  Conserv. 3:47-57.


            Robertson, W.B. 1978. Southern bald eagle.       Pp. 27-30 IN H.W Kale,
                  II, Ed. Rare and Endangered Biota of Florida, VoY. 2, Birds.
                  University Presses of Florida, Gainesville,

            Robertson, W.B., Jr. and J.A. Kushlan. 1974. The       southern    Florida
                  avifauna. Miami Geol.'Soc. Mem. 2: 414-452.

            Sand-Jensen,     K.   1977.    Effect   of    epiphytes    on    eelgrass
                  photosynthesis. Aquat. Bot. 3: 55-63.




                                               160









       Schmahl, G.P. and J.T. Tilmant. 1980. An initial characterization
             of macroinvertebrate populations associated with patch reefs
             of Biscayne National Monument. Fla. Sci. Vol. 43 suppl. I.
             (Abstr).

       Scoffin, T.P. 1970. The trapping and binding of subtidal carbonate
             sediments by marine vegetation in Bimini Lagoon, Bahamas.J.
             Sediment Petrol. 40(l): 249-273.

       Schreiber, R.W. 1978. E  'astern brown pelican. Pp. 23-25 IN H.W.
             Kale, II, Ed. Rare and Endangered Biota of Florida, Vol. 2,
             Birds. University Presses of Florida, Gainesville.

       Sherman, H.G. 1955. Description of a new race of woodrat from Key
             Largo, Florida. J. Mamm. 36:113-120.

       Sheryen, A.H. (Editor). 1989. Florida Statistical-Abstract. Bureau
             of Economic and Business Research. University of Florida.
             University Presses of Florida. Gainsville. 718 pp.

       Sholander, P.F. 1.968. How mangroves desalinate seawater. Physiol.
             Plant. 21:258-268.


       Simberloff, D. 1976. Experimental zoogeography of islands: effects
             of island size. Ecology 57: 629-648.

       Simberloff, D. and E.O. Wilson. 1969. Experimental zoogeography of
             islands: the colonization of empty islands. Ecology 50: 278-
             296.


       Snyder, H. 1978. Peregrine falcon,   Pp. 7-9 IN H.W. Kale, II, Ed.
             Rare and Endangered Biota of Florida, Vol. 2, Birds.
             University Presses of Florida, Gainesville.

       South Fl orida Water Management District. 1988. Surface. Water
             Management Plan, Interim Plan for Biscayne Bay, Florida. South
             Florida Water Management District for Florida Department of
             Environmental Regulation. 118 pp-

       South Florida Water Management District. 1989. Surface Water
             Improvement and Management Plan (SWIM).for Biscayne Bay. 118
             pp-

       Spencer, M. 1967. Bahama Deep Test. Bul Amer. Assoc. Pet. Geol.
             51:(2)263-268.

       Sprunt, A., Jr. 1954. Florida Bird   Life. Coward-McCann, Inc. New
             York. 527.pp.

       Sprunt, A. , Jr. 1986. Habits and    habitat of the white-crowned
             pigeon. Personal communication.




                                       161








           Stevely, J.Mi, J.C. Thompson, and R.E. Warner. 1978. The biology
                and. utilization of Florida I s commercial sponges. Technical
                Paper No. 8. University System of Florida Sea Grant Program.
                Univ. of Florida, Gainesville. 45 pp.

           Swakon, E.A. and J.D. Wang. 1977. Modeling of tide and wind induced
                flow in South Biscayne Bay and Card Sound. University of Miami
                Sea Grant Bulletin No. 37.

           Tabb, D.C., D.L. Dubrow, and R.B. Manning. '1962. The ecology of
                northern Florida Bay and adjacent estuar.ies. Florida Board of
                Conservation. Tech. Serv. 39. 79 pp.

           Taylor, W.R. 1960. Marine Algae of the Eastern Tropical and
                Subtropical Coasts of the Americas. University of Michigan
                Press, Ann Arbor. 879 pp.

           Teas, H. 1977. Ecology and restoration of mangrove shorelines in
                Florida. Environ. Conserv. 4:51-57.

           Teas, H. 1979. Silviculture with saline water. Pp. 117-161 IN A.
                Holiaender, Ed. The Biosaline Concept. Plunum Publ. Corp.
           Tebeau, C.W. and R.L. Carson. 1965. Florida From Indian Trail to
                Space Age. Vol I. Southern Publ. Co. Delray Beach, Florida.
                350 pp.

           ThorhAug'* A. and B. Austin. 1976. Restoration of seagrasses with
                economic analysis. Enviro. Conserve. 3: 259-267.

           Thorhaug, A., R.D. Stearns, and S. Pepper. 1972. Effect of heat on
                Thalassis testudinum in Biscayne Bay. Pp. VIII-1 - VIII-35. IN
                R.G. Bader and M.A. Roessler, Eds. An ecological study        of
                South Biscayne Bay and Card Sound, Florida. Rosenstiel School
                of Marine and Atmospheric Science, Univ. of Miami.

           Tomlinson,  P.B. 1980. The Biology of Trees Native to Tropical
                Florida. Harvard University Printing Office4 Allston, Mass.
                480 pp.

           United States Fish and Wildlife Service. 1984. Endangered and
                Threatened Wildlife and Plants. Department of the Interior. 24
                PP.

           van de Kreeke, J. and J.D. Wang. 1584. Hydrography of North
                Biscayne Bay. Part I: Results of field measurements. Miami:
                University of Miami Rosenstiel School of Marine and
                Atmospheric-Science.

           Voss, G.L. 1.976. Seashore Life of Florida and the Caribbean. E.A.
                Seemann Publ. Co. Inc. Miami, Florida. 168 pp.




                                            162








        Vossr G.L. and N.A. Voss. 1955. An ecological survey of Soilder
             Key, Biscayne Bay, Florida. Bull. Mar. Sci. Gulf Caribb. 5(3):
             203-229.


        Voss, G.L. 1988. Coral Reefs of Florida. Pineapple Press, Sarasota,
             Florida. 168 pp.

        Voss, G.L., L. Opresko,  iand R. Thomas. 1973. University of Miami
             Sea Grant Program (NOAA Sea Grant No. 04-3-158-27). Miami. 33
             pp-

        Waisel, Y. 1972. Biology of Halophytes. Academic Press, New York.
             395 pp.

        Walsh, G.E. 19.67. An ecological study of a Hawaiian mangrove swamp.
             Pp. 420-431 IN G.H. Lauff, Ed. Estuaries. American Association
             for the Advancement of Science Publ. 83. Washington, D.C.

        Wanless, H.R. 1969. Sediments of Biscayne Bay-DistributiQn and
             depositional history. Tech. Rep. 69-2. Institute of Marine
             Science, Miami, Florida. 260 PP.

        Warzeski, E.R. 1976. Storm sedimentation in the Biscayne Bay
             region. Pp 33-38 IN Biscayne Bay Symposium I. Univ. of Miami
             Sea Grant Special Rep. No. 5.

        Wheaton, J.L. 1989. The marine life fishery for "live-rock":
             biological and   ecological assessment of the product and
             implications for  harvest. Florida Marine Research Institute,
             St. Petersburg.- Florida. Unpublished report. 18 pp.

        White, B.   (Editor) . 1988. Monroe County, Florida Statistical
             Abstract. Monroe County Industrial Development Authority.
             Marathon, Florida. 205 pp.

        Wiley, J.W. 1979. The white-crowned pigeon in Puerto Rico: status,
             distribution and movements. J. Wildl. Manage. 3(2): 402-413.

        Williams, S.L. 1981. Caulerpa cupressoides: the relationship of
             the uptake of sediment ammonium and of algal decomposition for
             seagrass bed development. Ph. D. Dissertation. University of
             Maryland.

        Windom, H.L. 1977. Trace elements in the continental shelf waters
             of the southeastern United States. Pp. 148-158 IN Proceedings
             of First American-Soviet Symposium on Chemical Pollution in
             the Marine Environment. U.S. Energy Resources and Development
             Administration. Odessa, USSR.

        Windom, H.L. and R.G. Smith, Jr. 1984. Factors influencing the
             concentrations and distribution of trace metals in the South
             Atlantic Bight. J. Geophys. Res.



                                        163








           Windom, H.L., K. Beck, and R. Smith. 1971. Transport of trace
                metals to the Atlantic ocean by southeastern rivers. Southeast
                Geolog. 12: 169-181.

           Windom, H.L., G. Wallace, R. Smith, N. Dudeck, M. Maeda, R. Dulmage
                and F.. Storti.-1983. Behavior of copper in the Southeastern
                United States estuaries. J. Marine Chem. 12: 183.

           Wofenden, S.L. 1978. Snowy plover. Pp. 8-10 IN H.W. Kale, II, Ed.
                Rare and Endangered Biota of Florida, Vol.. 2, Birds.
                University Presses of Florida, Gainesville.'

           Wood, E.J.F. 1965. Marine Microbial Ecology. Reinhold Publ. Corp.
                New York. 243 pp.

           Young, F.A. 1989. Communication to P. McVety of Florida Department
                of Natural Resources regarding live-rock industry in south
                Florida.

           Young, F.N. 1960. Color pattern variations amoung snails of the
                genus Liguus on the Florida Keys. Bull. Fla. St. Mus. 5:259-
                266.


           Zieman, J.C. 1976. The ecological effects of physical damage from
                motorboats on turtle grass beds in southern Florida, Aquat.
                Bot. 2: 127-139.

           Zieman, J.C. 1982. The ecology of the seagrass6s of south Florida:
                a community profile. U.S. Fish and Wildlife Service, Office of
                Biological Servies, Washington, D.C. FWS/O.BS-82/25. 158 pp.

           Zieman, J.C. and R.G. Wetzel. 1980. Methods and rates of                  oh
                productivity in seagrasses. Pp. -87-116 IN R.C. Phillips and
                C.P. McRoy, Eds. Handbook of Seagrass B7iology. Garland STMP
                Press@ New York.

           Zischke, J.A. 1977. Checklist of macroflora, invertebrates and
                fishes of Pigeon Key. Pp. 27-30 IN H.G. Multer, Ed. Field
                Guide to Some Carbonate Rock Environments. Kendall/Hunt Publ.
                Co.. Dubuque, Iowa.















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


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

	(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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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.


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(R. 9/88)
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.



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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

               1

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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



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                  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


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                       	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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