Rookery Bay and Cape Romano-Ten Thousand Islands aquatic preserve management plan

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

et,

ROOKERY BAY

AND

CAPE ROMANO-TEN THOUSAND ISLANDS

AWATIC PRESERVES

MANAGEMENTPLAN

JUNE 285 1988

QH
91.75
16
R66
1988 THE DEPARTMENT OF NATURAL RESOURCES

A66

ROOKERY BAY AND CAPE ROMANO-TEN THOUSAND ISLANDS AQUATIC PRESERVES

MANAGEMENT PLAN

June 28, 1988

Tom Gardner

Executive Director

Department of Natural Resources

This plan was prepared by
The 7ureau of Aquatic Preserves
Division of State Lands

Preparation of this management plan was partially funded by a grant from the
U.S. Office of Ocean and Coastal Resource Management, National Oceanic and
Atmospheric Administration, and the Florida Department of Environmental
Regulation, the Office of Coastal Management, through the Coastal Zone
Management Act of 197? as amended.

E)(ecutive Summary

The Rookery Pay and Cape Romano-Ten Thousand Tslands Aquatic Preserves,
located in Collier County, comprise nearly 60,000 acres of the most pristine
submerged lands in Florida.

Cape Romano-Ten Thousand Tslands was one of the originally designated aquatic
preserves established by the Florida Legislature in October 1969. Rookery Pay
was established later in August 1977. These areas were established for the
primary purpose of preserving the biological resources of this unique
estuarine ecosystem. These preserves consist predominately of fringing
mangroves and mangrove islands with some oyster bars, seagrasses, salt marsh
and other habitats. The preserves are important in protecting critical
habitat to an extensive array of fish, birds and other wildlife. Maintaining
the continued health of the preserves will involve minimizing water pollution
and losses of wetlands resulting from urban, residential and industrial
development in the region.

The major objective of the aquatic preserve management program is @16-o Ensure
the maintenance of essentially natural conditions. Management will also be
directed to ensure public recreational opportunities while assuring the
continued propagation of fish., birds and other wildlife resources. This goal
will b 'e guided by the identification and mapping of natural resources and
habitats necessary to meet these objectives. An additional management
objective is to review and comment of applications for the use of state-owned
submerged lands. Meeting these objectives will require a fully implemented-
management program with the continuation of a field staff presence for these
aquatic preserves.

STATE OF FLORIDA

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

R E S 0 L U T 1 0 N

WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund is

charged with the acquisition, administration, management, controi, super-

vision, conservation, protection, and disposition of all lands title to which

is vested in the Trustees under Chapter 2_53, Florida Statutes; and

WHEREAS, Chapter 258, Florida Statutes, directs that state-owned

submerged lands within aquatic preserves be set aside forever in their

essentially natural or existing conditi on for the benefit of future

generations; and

WHEREAS, the Trustees are charged with the adoption and enforcement of

reasonable rules and regulations to carry out the prov.isions of Sections

258.35 through 258.46, Florida Statutes, regarding the regulation of human

activity within the aquatic preserves so as not to unreasonably interfere with

lawful and traditional public uses of the preserves; arid

WHEREAS; Section 18-20.13, Florida Administrative Code, mandates the

development of management plans for aquatic preserves; and

WHEREAS, the Trustees desire to serve the public by effectively planning,

managing and protecting aquatic preserves; and

WHEREAS, the Trustees have recognized the Rookery Bay and Cape

Romano-10,000 Islands Aquatic Preserve as a biological/scientific preserve in

formal action on June 28, 1988; and

WHEREAS, the Trustees recognize the importance and benefits of protecting the

natural resources and preserving the natural ecosystem and aesthetics in the

Rookery Bay and Cape Romano-10,000 Islands Aquatic Preserve area; and

NOW THEREFORE BE IT RESOLVED that the Board of Trustees of the Internal

Improvement Trust Fund hereby adopts the Rookery Ba y and Cape Romano-10,000

Islands Aquatic Preserve Management Plan; and

BE IT FURTHER RESOLVED that the Rookery Bay and Cape Romano-10,000

Islands Aquatic Preserve Management Plan shall serve as a fundamental policy

guideline for the Trustees and other state and local agencies having

jurisdiction rel'ative to maintaining the natural resources and environmental

quality of this aquatic preserve, and shall provide the overall policy

direction for the development and implementa- tion of all administrative rules

and programs related to the management of state-owned submerged lands within

the Rookery Bay and Cape Romano-10,000 Islands Aquatic Preserve; and

BE 1T FURTHER RESOLVED THAT the Department of Natural Resources, Division

of State Lands, is hereby designated as agent for the Trustees for purposes of

aquatic preserve planning and management.

IN TESTIMONY WHEREOF The Board of Trustees of the Internal Improvement

Trust Fund have hereunto subscribed their names and have caused the Official

Seal of the Board of Trustees of the Internal Improvement Trust Fund to be

hereunto affixed in the City of Tallahassee, The Capitol, on this the twenty-

eighth day of June, A.D., 1988.

Governor

(Seal)
5e/e"tary of State

'Co ssioner of Education Attorney General-

Commw-sioner of Agriculture Comptroller

As and Constituting the State of

Florida Board of Trustees of the Treasurer

Internal Improvement Trust Fund

Approved as to form and legality
@Ssio

DNR Attorney
v

TABLE OF CONTENTS

Chapter Page

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

II. MANAGEMENT AUTHORITY ..... o .......... o.......I..- .......... 13

III. MAJOR PROGRAM POLICY DIRECTIVES .. ... o.................... o23

TV. RESOURCE DESCRIPTION ......... o ............................ 27

A. Regional Context ...... o .......... o................ o .... 27

B. Geology, Physiography and Soils ....................... 32

C. Surface Water Hydrology ................. _ .......... 17

D. Archaeological.and Cultural Sites ........ o ............ 41

E. Plant Associations ................................ 0 ... 43

F. Fauna ................................................. 53

V. RESOURCE.MANAGEMENT .... ......................... 73

A. Introductibn ........................................... 73

B. On-site Management Activities ......... o o 73

1., Plant Communities 74

Animal Life ................. o ................. PO

3. Geological Features .................. o ............ 84

4. Archaeological and Historical Sites .... o .......... 85

5. Water Resources ................... o ............... 88

6. Cumulative.impact Analysis ........................ 9@

7. Management of Encroachments ....................... 9.1,

C. Resource Mapping and Resource Protection Areas ........ g),

0. Administrative Management ObJectives .................. 94

Chapter Page

VI. MANAGEMENT iMPLEMENTATION NETWORK ......................... 09

A. Federal ............................................... 90

B. State ................................................. 101)

C. Regiona 1 ..@ ........................................... 110

D. Local Governments and Special Districts ............... 111

E. Other Organizations ................ ................... 114

VII. USES .................................................... 117

A. Mitigation Policy .................................... 117

B. Public Uses .......................................... 118

C. Private Non-commercial Uses ........................... 119

D. Commercial,Uses ...................................... 121

VIII. RESEARCH ............ t .................................... 125
A. Introduction .......................................... 125
B. Existing Research Programs ............................ 126

C. Identified Research Needs ............................ 127

Ix. ENVIRONM.ENTAL EDUCATION .................................. 129

A. Introduction ......................................... 1.-)o

B., Coordination ......................................... 1,119

C. Objectives ........................................... 130

D. Existing Education Programs .......................... 130

X. IDENTIFIED PROGRAM NEEDS ................................. 133

A. Property Acquisition ................................. 135

B. Boundary Considerations .............................. 136

C. Legislation .......................................... 137

D. Administrative Rule Changing ......................... 138

E. Data ................................................. 138

vii

Chapter Page

F. Resource Protection and Enforcement Capabilities ..... 1.38

G. Funding and Staffing Needs ........................... 139

LITERATURE CITED ................................................ 140

CONTENTS OF APPENDICES .......................................... 143

viii

Chapter I

INTRODUCTION

GOAL

Roo-kery Pay and Cape Romano-Ten Thousand islands Aquatic Preserves, located in

Collier County, are two of 40 officially designated preserves in the statewide
system (Figure 1)'. The goal of the Aquatic Preserve Program ils to preserve

designated marine, estuarine and freshwater areas in an essentially natural or

existing condition so their aesthetic, biologic and scientific values may

endure for the enjoyment of future generations.

This plan outlines four management strategies designed to attain this goal:

resource management, environmental impact review, education, and research.
The resource management program identifies areas with exceptional* natural or

cultural resources and determines strateqies for their protection. The

environmental impact review program develops and implements procedures to
assess proposed activities that may threaten the natural and cultu*ral

resources of the preserves. The re.search program is intended to provide
insight to estuarine systems and to generate scientific'information which can

be utilized by coastal zone managers to further enhance resource protection.

The education program emphasizes community awareness of estuarine systems by

informing the public of the need for protection and preservation of natural

areas.

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AQUATIC PRESERVES ARE ESTABLISHED #1 In
BY THE FLORIDA LEGISLATURE AND
INCLUDE ONLY STATE OWNED
SOVEREIGNTY SUBMERGED LAND&
THE GOVERNOR AND CABINET SITTING -7
AS TRUSTEES OF THE INTERNAL F
cAnw.
IMPROVEMENT TRUST FUND ARE .. ....
MANAGERS OF THESE AREAS.

FOR MORE INFORMATION REGARDING
AaUATIC MSERVES CONTACT:

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF RECREATION AND PARKS

BUREAU OF LAND AND AGUATIC
RESOURCE MANAGEMENT
419 m COMMONWEALTH BLVD cz.
TALLAKASUE,FLOPIDA 32303
conAm ME cAxaL A.1114m
I- NEE

Figure 1. Map of Florida's Aquatic Preserves.

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The aquatic preserves will be managed to emphasize maintenance and enhancement

of essentially natural conditions. As more-information is learned about these

areas, existing conditions will be identified and, where appropriate, areas

will be restored to natural conditions.

The nearly pristine resources of the Rookery Bay Aquatic Preserve and the Cape

Romano-Ten Thousand islands Aquatic Preserve warrant the maximum protection

allowable under the rules and guidelines of the Aquatic Preserves Program.

Subsection 18-20.004(2)(a)2, F.A.C., states that proposed projects in less

developed aquatic preserves, such as Rookery Bay and Cape Romano-Ten Thousand

Islands Aquatic Preserves, shall be subject to a higher standard than the more

developed urban aquatic preserves. Stringent resource protection practices in

the aquatic preserves will benefit adjacent water and land areas of Collier

County, Everglades National Park, Col lier-Seminole Stat e Park, Fakahatchee

Strand State'-Preserve, Big Cypress Swamp National Preserve and Rookery Bay

National Estuarine Research Reserve.

SETTING

Rookery Bay and Cape Romano-Ten Thousand Islands Aquatic Preserves are

contiguous coastal estuarine and marine areas located on the southwest Gulf

coast of Florida (Figures 2-3). Rookery Bay Aquatic Preserve and Cape

Romano-Ten Thousand islands Aquatic Preserve comprise 32,035 and 27,6421 acres

of sovereignty submerged lands, respectively. The boundaries of each presprve

include all tidal lands and islands, sandbars, shallow banks, submerged bottom

and lands waterward of mean high water (MHW) to which the State holds title.

Said boundaries extend across the mouths of all artificial waterways, but

include all natural waterways tidally connected to these aquatic preserves.

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.Figure 3

Rookery Bay Aquatic Preserve is bounded to the north by the City of Naples and

to the southeast by Cape Romano-Ten Thousand Islands Aquatic Preserve.

Located entirely outside of the Rooker Say Aquatic Preserve boundarv,.but
y

encompassed by the preserve on three sides, lies the residential community of

Marco island.

Located within the boundaries of the Rookery Pay Aquatic Preserve is the

Rookery Bay National Estuarine Research Reserve, a State and Federally funded

program designed to preserve the environment in a natural state and thus

provide a natural laboratory for research activities and educa.tional

opportunities. For the common areas of the aquatic preserve and the estuarine

research reserve, staff of both programs are working together in research,

education, and resource management.

Also, located within the boundaries of the Rookery Ray Aquatic Preserve, but

not included in the aquatic preserve, are 13,@30 acres of mangrove forested

lands acquired by the State in a land exchange with the Deltona Corporation.

The planning process to designate this area a state reserve is underway.

Cape Romano-Ten Thousand Islands Aquatic Preserve borders Rookery Pay Aquatic

Preserve to the west, Collier-Seminole State Park And Fakahatchee Strand State

Preserve to the north, and Everglades National Park to the east.

All of Rookery Bay and Cape Romano-Ten Thousand islands Aquatic Preserves are

now designated Outstanding Florida Waters (OFV0 by the Florida Department of
Environmental Regulation. The new submerged lands added to the Rookery Bay

Aquatic Preserve received designation as an OFW by a unanimous

vote of-the Environmental Regulation Commission on September 22, 1987 and

became effective on November ?4, 1987. The regulatory significance of the OFW

designation is that the DER cannot issue permits for either direct discharges

which would lower ambient water quality or for indi rect discharges which would

significantly degrade water quality. Permits for new dredging and filling

projects must clearly be in the public interest.

Recognized as nearly pristine areas, these aquatic preserves support a diverse

flora and fauna. Most notable is the extensive mangrove community which is

part of the largest mangrove forested area in the New World. Red mangroves

are common on the islands and along the mainland shoreline. Black and white

mangroves form dense forests landward of the red mangroves. A variety of

submerged and intertidal habitats, including soft bottoms, oyster bars,

seagrasses, brackish marsh, and vermetid mollusc reefs are associated wit-h the

ma ngrove forest.

The ecological significance of estuaries like Rookery Bay and the Ten Thousand

Islands have only recently begun to be extensively studied and appreciated.

Estuaries provide shelter and food for a wide range of animals. Phytoplankton

and zooplankton are suspended in the water column. Feeding on these organisms

are numerous small crustaceans, polychaetes, and molluscs. Larval and

juvenile fish feed on these and other food items in shallow mangrove and

seagrass biotopes. Open waters and submerged bay bottoms of estuaries support

numerous species of commercially and recreationally important finfish and

shellfish such as snook, mullet, whiting, flounder, sheepshead, spotted

seatrout, oyster, stonecrab, and shrimp. Manatees feed on seagrasses and

algae growing on estuarine bottoms. At the top of the food chain, porpoise,

osprey, bald eagle, and man (through recreational and commercial fishing) feed

on finfish and shellfish from the open waters.

HISTORY

Unlike most of South Florida, Collier County's estuarine areas remained

virtually unaltered until the 1960's when severe pressures for residential and

agricultural development arose. Extensive construction of canals to drain

upland watersheds and the dredging and filling of mangrove areas to create

residential sites hit a feverish pace. Without the intervention of private

groups and governmental agencies this kind of development would have decfmated

the estuarine resources of.Collier County (Clark, 1974).

in October 1969, the Governor and Cabinet of the State of Florida, recoqnizing

the need to protect the State's vulnerable aquatic resources, adopted by

resolution 18 waterbodies as aquatic preserves including Cape Romano-Ten

Thousand Islands Aquatic Preserve. The Rookery Bay Aquatic Preserve was

established by resolution of the Governor and Cabinet in August 1977.

Additions to the original Rookery Bay Aquatic Preserve were adopted in 1985.

As early as 196A, the need to protect the relatively unspoiled estuaries of

south Collier County was apparent. At that time, mangrove vegetated areas

surrounding Rookery Bay were targeted for residential development.

Environmental groups, including The Conservancy, Inc. (formerly the Collier

County Conservancy), the National Audubon Society, and the Nature Conservancy,

began efforts to rally public concern. Retween 1966 and 1974, the National

Audubon Society, and The Conservancy, Inc. purchased 4,000 acres of wetlands

around Rookery Bay and designated the area an Audubon Wildlife Sanctuary. in

1976, the Audubon Sanctuary was designated the Rookery Pay National Estuarine

Sanctuary which, in 1986, was renamed the Rookery Bay National Estuarine

Research Reserve (Department of @Iatural Resources, 1.986).

Efforts to acquire additional lands adjacent to the aquatic preserves and the
research reserve have continued. In 1982, the Florida Department of Matu'ral

Resources operating under the Conservation and Recreation Land (CARL)

acquisition program began negotiations with the Deltona Corporation to acquire

mangrove forested wetlands surrounding Marco Island. By 1984, 13,230 acres of

wetlands had been transferred to State of Florida Trustees of the Internal
-Improvement Trust Fund (Charles Hardee, DNR, personal communication).

Due primarily to its inaccessibility, the Cape Romano-Ten Thousand islands

Aquatic Preserve has remained relatively unaltered. Title to a portion of the

islands and uplands within the aquatic preserve boundaries is held by the

State of Florida Trustees of the Internal Improvement Trust Fund. Other

portions of the islands and uplands are owned by the private sector. Efforts

are in progress by the United States Fish and Wildlife Service to acquire the

private uplands for designation as a National Wildlife Refuge.

Public ownership of critical shoreline and upland areas is vital to the

long-term protection of Rookery Bay and Cape Romano-Ten Thousand Islands

Aquatic Preserves. Additional land acquisition by governmental agencies and

private conservation groups will benefit adjacent water and land areas of

Collier County, Everglades National Park, Collier-Seminole State Park, Big

Cypress Swamp National Preserve, and Rookery Bay National Estuarine Research

Reserve.

This plan was written by the Department of Natural Resources (DNR), Division

of Recreation and Parks, Bureau of Aquatic Preserves staff. Partial funding

for the plan was provided by a coastal management grant (CM-158) throUqh the

U.S. Department of Commerce, National Oceanic and Atmospheric Administration,

Office of Ocean and Coastal Pesource Management, and the Florida Department of

Environmental Regulation (DER), Office of Coastal Management. Coastal

management grant funding for the plan applies only to those areas within the

aquatic preserves which are outside the Rookery Bay @Iational Estuarine

Research Reserve.

Chapter TI

MANAGEMENT AUTHORITY

The primary laws providing management directives for aquatic preserves are

Chapters 258 and 253, Florida Statutes (F.S.). These authorities establish

the proprietary management overview role of the Governor and Cabinet, sitting

as the Board of Trustees of the Internal Improvement Trust Fund and are

variously referred to as the "Trustees" or the "Board". Management

responsibilities assigned to the Trustees by this plan may be fulfilled

directly by the Governor and Cabinet or indirectly by staff acting as "agents"

of the Trustees, pursuant to delegations of authority, management agreements,

or other legal mechanisms. All subsequent references to the Board of Trustees

will include staff as designated agents in addition to the-Governor and

Cabinet.

The staff of the Division of State Lands, Bureau of Aquatic Preserves, in

addition, serv6 as site managers for the "Trustees", and review requests for

uses affecting state-owned sovereignty submerged land within the aquatic

preserves. The staff conduct project site reviews to evaluate the

environmental consequences of proposed uses. Project assessments and reviews

are evaluated in accordance with the criteria in Sections 258.35-42, F.S.,

(Florida Aquatic Preserves Act) and 18-20, F.A.C., (Rules of Florida Aquatic

Preserves).

Review comments are prepared by the Bureau of Aquatic Preserves for

consideration in staff recommendations for agenda items presented to the

Trustees. This mechanism allows the Trustees, owners of the land, to evaluate

public interest and project merits within the context of potential

environmental impacts upon the aquatic preserves. Any activity located on

sovereignty submerged lands will require consent from the Board of Trustees.

This consent may be in the form of written consent from the Division of State

Lands in accordance with the authority delegated by the Board.

BACKGROUND

The laws supporting aquatic preserve management are the result of the public's

awareness of the importance of preserving Florida's coastal environment caused

by the extensive dredge and fill activities of the late 1960's.

in 1967 the Florida Legislature passed the Randall Act (Chapter 67-393, Laws

of Florida), which established procedure's regulating previously unrestri'cted

dredge and fill activities on state-owned submeraed lands. That same year the

Legislature also provided statutory authority (Section 253.03, F.S.) for the

Trustees to exercise proprietary control over state-owned lands. Also in

1967, governmental focus on protecting Florida's productive estuaries from

development led to the Trustees' establishment of a moratorium on the sale of

submerged lands to private interests. In the same year, an interagency

advisory committee on submerged land management was created. In late 196P,

that committee issued a report recommending the establishment of twenty-six

aquatic preserves. Also in 1968, the Florida Constitution was revised,

declaring in Article II, Section 7, the State's policy of conserving and

protecting the natural resources and scenic beauty. That constitutional

provision also established the authority for the Legislature to enact measures

for abatement of air and water pollution.

Or, October 21, 1.969 the Governor and Cabinet acted upon the recommendations of

the Tnteragency Advisory Committee and adopted by resolution 18 of the

waterbodies, including Cape Romano-Ten Thousand Islands Aquatic Preserve, as

aquatic preserves. Other preserves were similarly adopted at various times

through 1971. Prior to the October 1969 action by the Governor and.Cabinet,

the Legislature had created the Boca Ciega Bay Aquatic Preserve. Subsequent

legislation in 197?, 1973, and 1974 created the Pinellas County, Lake Jackson,

and Biscayne Bay Aquatic Preserves, respectively.

In 1975, the Legislature establ ished the Florida Aquatic Preserve Act (Chapter

258, F.S.), bringing all existing preserves under a standardized set of

maintenance criteria.

Subseque nt acts added the Cockroach Bay Aquatic Preserve in 1976, the Rookery
P*ay -Aquatic Preserve in 1977, and the Gasparilla Sound-Charlotte Ha"or Aquatic

Preserve in 1978.

The Charlotte Harbor Aquatic Preserve Management Plan, approved by the

Trustees on May 1-8, 1983, was the first management plan for an aquatic
preserve. The following Aquatic Pre*serves have approved plans: Estero

Bay--September 6, 1.083; North Fork-St. Lucie--May 22, 19?4; Loxahatchee

River-Lake Uforth Creek--,Iune 1?, 1924; Indian River Lagoon--January 22, 1985;

Banana River--September 17, 1985; Indian River-Malabar to Vero Beach-4anuary

21, 19ff; Nassau River-St. Johns River Marshes and Fort Clinch State

Park--April 7?, 1926; Alligator Parbor--September 23, 1986; Terra Ceia and

Cockroach Bay Plans--April 91, 1987; St. Joseph Bay-4une 2, 1987; Wekiva

River--August ?5, 1987 and St. Martins Marsh--September 9, 1987.

In June 1985, the Legislature passed Senate Bill 762 which expanded the

boundaries of the Rookery Bay, Banana River, Malabar to Vero Beach,

Loxahatchee River-Lake Worth Creek, Wekiva River Aquatic Preserves, and

created Guana River Marsh and Big Bend Seagrasses Aquatic Preserves. Lemon

Bay and Rainbow Springs were ad ded as aquatic preserves by SB 607 in 1986.

The Conceptual State Lands Management Plan, adopted on March 17, 1981 and

amended by the Trustees on Jul 7, 1981 and March 15, 1983, established
y

policies for the management of spoil islands, submerged lands leases,

"Outstanding Native Florida Landscapes", unique natural features, submerged

grassbeds, archaeological and historical resources, and endangered species.

The policies provide management criteria for the Aquatic Preserve Program.

Administrative Rules

Chapters 18-20 and 18-21, Florida Administrative Code (F.A.C.), are rules
adopted by the Trustees d@signating the allowable uses of aquatic preserves

and other submerged lands. Chapter 18-20, F.A.C. addresses the aquatic

preserves specifically and derives its authority from Sections 258.35, 258.36,

258.37 and 158.38, F.S. The intent of this Chapter is contained in Section

18-20.001, F.A.C., which states:

"(1) All sovereignty lands within a preserve shall be managed primarily

for the maintenance of essentially natural conditions, the

propagation of fish and wildlife, and public recreation, including

hunting and fishing where deemed appropriate by the Board and the

managing agency.

The aquatic preserves which are described in 73-534, Laws of

Florida, Sections 258.39, 258.391, 25.8.392, and 258.393, F.S.,

future aquatic preserves established pursuant to general or special

acts of the legislature, and in Rule 18-20.002, F.A.C., were

established for the purpose of being preserved in an essentially

natural or existing condition so that their aest hetic, biological

and scientific values may endure for the enjoyment of future

gene rations.

(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,en.Joy the traditional recreational uses

of those waters such as swimming.' boating, and fishing;

carrying but 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

preserves;
17

(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, in.cluding but not limited to sponges, soft coral,

hard coral, submerged grasses, mangroves, salt water marshes,

fresh water marshes, mud flats, estuarine, aquatic and marine

reptiles, game and nongame 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, and

(h) to maintain those beneficial hydrologic arid biologic functions,

the benefits of which accrue to the public at large."

Chapter 18-21, F.A.C., controls activities conducted on sovereignty submerged

lands in general and is predicated upon the.provi sions of Sections 253.03 and

253.12, Florida Statutes (F.S.). These rules are supplemental to Chapter

18-20, F.A.C., in the regulation of activities in aquatic preserves. The

stated intent of this administrative rule is:

"(1) to aid in fulfilling the trust and fiduciary responsibilities of

the Roard of Trustees of the Internal Improvement Trust Fund for

the administration, management and disposition of sovereignty

lands;

(2), to insure maximum benefits and use of sovereignty lands for all the

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 for the supply of potable water, .

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; and,

.(C,) to aid in the-implementation of the State Lands Management Plan."

OTHER DEPARTMENT OF NATURAL RESOURCES MANAGEMENT AUTHORITY

Other Department oil Natural Resources management authority applicable to

aquatic preserve management includes fisheries and marine mammal management

and protection, and beach and shore preservation programs outlined in Chapters
370 and 161, Florida Statues (F.S.), respectively. Land acquisition programs

conducted under the Environmentally Endangered Lands authority of Chapter ?159,

F.S. or the Conservation and Recreation Lands Program autho rized by Chapter

253, F.S., will enhance the protection of the natural resources within the

aquatic preserves.

OTHER MANAGE14ENT AUTHORITY

The Marine Fisheries Commission (MFC) was establ-ished as a rulemaking
autho rity pursu ant to Section .370.027, F.S. Seven members are appointed bY

the Governor and are delegated full rulemaking authority over marine life

(subJect to approval by the Governor and Cabinet), except for endangered

species.

DER's admini.strative rules signi*ficant to the aquatic preserve management

program are Chapters 17-3, 17-4, and 17-12, Florida Administrative Code
(F.A.C.), which are based upon the authority of Chapter 403, F.S. Chapter

17-3, F A.C. addresses water quality standards and establishes a category with

stringent use criteria called "Outstanding Florida Waters" (OFW). The

inclusion of aquatic preserve waters within this classification greatly

enhances the management of the aquatic preserves. Chapter 17-4 outlines

permit requirements and Chapter 17-12 addresses dredge and fill activities.

Chapter 17-27, F.A.C. specifically addresses mangrove trimming under DER's

@egulatory criteria.

Section 253.77, F.S., as amended by the Warren S. Henderson Wetlands

Protection Act of 1984, requires that any person requesting use of state-owned

land shall have prior approval of the Trustees. An interagency agreement

between DNR and DER provides for DNR staff comments regarding the

environmental impacts of projects in aquatic preserves in the DER permitting

process.

Chapter 403, F.S. governs the State's regulatory programs affecting water

quality and biological resources. The Department of Environmental Regulation

administers these programs through a permitting and certification process.

Authori2ed by Section 380.06, F.S., the Department of Community Affairs (DCA)

and the Southwest Florida Regional Planning Council (SFRPC) are responsible

for administering the Development of'Regional Impact (DRI) process. The DRI

process was established to provide a review and monitoring procedure for

development projects potentially affecting more than one county.

Chapter 267, F.S. esiablishes the State policy regarding the preservation and

management of Florida's archaeological and historical resources. This

responsibility is assigned to the Department of State, Division of Historical

Resources (DHR), which holds title to those cultural resources located on

state-owned lands including aquatic preserves and other sovereignty submerged

lands.

Each of the above referenced programs assist in protecting the aquatic

preserves and their ecologically sensitive resources.

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Chapter III

MAJOR PROGRAM POLICY DIRECTIVES

This plan contains a number of management policy issues. This section

highlights those major policy areas that comprise the basic impetus of this

management effort. Adoption of these policies will provide specific staff

direction for implementing the day-to-day aquatic preserve management program.

Major program policy directives are-
(A) Manage all submerged -lands within the aquatic preserve to ensure the

maintenance of essentially natural conditions to ensure the propagation of

fish and wildlife, and public recreation opportunities.

(B) Prohibit the disturbance of archaeological and historical sites within

the aquatic preserve, unless prior authorization has been obtained from the

Trustees and DHR, and such disturbance is part of an approved research design

or authorized project.

aquatic preserve, with an emphasis on those habitat types utilized by

threatened, endangered, or species of special concern.

(D) Protect and where possible, e nhance threatened, endangered and species of
special 6ncern habitats within the aquatic preserve.

(E) Limit development activities within the aquatic preserve that adversely

impact saltmarshes and other valuable intertidal, submerged, and emergent

habitats unless a prior determination has been made by the Board of overridirg

public importance and that no reasonable alternatives exist.

(F) Limit the trimming and/or removal of saltmarsh vegetation and other

natural shoreline vegetation within the aquatic preserve, except for

legally authorized projects.

(G) Provide and actively encourage research and educational opportunities for

scientists and other interested researchers within the framework of a planned

research program in the aquatic preserve.

(H) Acquire, where feasible, privately owned submerged lands and adjacent
lands and islands located within'the boundaries of the aquatic preserve

pursuant to the authorities contained in Section 253.02(4), F.S.

(1) Discourage storage of toxic, radioactive, or other hazardous materials
within the aquatic preserve. Any hazardous waste dumps now .located within t@,e

aquatic preserve should be closed and eliminated.

W) Discourage arthropod control practices in the aquatic preserves that'
require habitat modification or manipulation (i.e., ditching and diking) or
aerial spraying of pesticides and biocides, except when there is a declared

public health hazard pursuant to Section 388.45, F.S.

(K) Disco urage the construction of new deep water ports within the aquatic

preserve boundaries.

(L) Insure that artificial reef construction does not adversely impact

environmentdlly fragile areas within the aquatic preserve and that the

construction will maintain the essentially natural condition while enhancing

the quality and utility of the preserve.

(M) Manage existing spoil islands within the aquatic preserve as bird
roo'keries and wildlife habitat areas, and for public recreational use where

compatible.

(N) Encourage public utilization of the aquatic preserve, consistent with

continued maintenance of its natural values and functions.

(0) Develop a well coordinated aquatic preserve management mechanism that

recognizes and utilizes local government programs and authorities.

(P) Encourage, through the efforts of DER and the Water Management District,

the maintenance and upgrading of the water quality of the estuary, and ensure

the natural seasonal flow fluctuations of freshwater into the estuary.

(Q)- Apply the management cri teria contained in the adopted Rookery Bay/Cape

Romano-Ten Thousand island Aquatic Preserve Management Plan to all subsequent

legislative additions of land to the aquatic preserve.

(R) Encourage the assistance of federal, state, and local government agencies

in implementing the aquatic preserve management plans, especially in areas of

protection of natural and cultural resources and the enforcement of applicable

resource laws and ordinances.

(S) Prohibit Marinas and associated construction activities in Resource

Protection Areas 1 and 2, except as provided for under Section IR-20.004(51(d)

3, F.A.C.

(T) Identify and document any problems caused by fishing, shellfishing, and

collecting activities and report them to the Marine Fisheries Commission.

(U) Insure consistency with the intent of the aquatic preserve designation in

the resolution of inconsistencies between the adopted aquatic preserve

management plan and any state or local planning processes or plans that may

affect the aquatic preserves.

(V') Recognize that successful shellfish culture and harvestinq efforts in the

aquatic preserve are dependent upon pollution prevention and abatement and

careful comprehensive planning.

Chapter IV

RESOURCE DESCRIPTION

Natural and cultural resources warrant careful consideration in the

development of' successful management strategies for the aquatic preserves. To

introduce the Management Plan, an overview of the aquatic preserves'

environment is presen ted.

A. Regional Context

1. Resource Setting

The aquatic preserves are located in south Collier-County, the Second largest

county in Florida with a land and water expanse of 2,119 square miles

(1,305,400 acres). The Rookery Bay Aquatic Preserve (Figure 2) and Cape

Romano-Ten Thousand Islands Aquatic Preserve (Figure 3) extend 35 linear miles

from Gordon Pass in the north to the Everglades National Park in the south and

comprise 93 square miles of sovereignty submerged lands.

Over 49 percent of the total land and water area in Collier County has been

set aside as public or private preserves dedicated to natural resource

conservation. Other areas in proximity to the aquatic preserves, include the

Rookery Bay National Estuarine Research Reserve, the National Audubon

Society's Corkscrew Swamp Sanctuary, Big Cypress Swamp National Preserve,

Everglades National Park, Fakahatchee Strand State Preserve, Delnor-Wiggins

State Recreation Area, and Collier-Seminole State Park (DNR, 1987).

The aquatic preserves are composed of marine and estuarine waters, inlets,

bays, tidal creeks and rivers, intertidal oyster reefs, mudflats, sand bars,

beaches, salt flats, soft bottom communities, grassbeds and countless mangrove

islands. With the exception of some small isolated areas, the majority of the

estuarine shoreline within the Preserves' boundaries and adjacent wetlands

remain undeveloped.

Rookery Bay is the northern most part of the Ten Thousand Islands Region which

is unique in being the largest continuous mangrove forested area in the New

World. Located adjacent to the City of Naples' southern limits and

surrounding Marco Island, Rookery Bay Aquatic Preserve is subjected to high

public use.

The majority of the shoreline is in public domain. The Rookery Bay National

Estuarine Research-Re.serve encompasses 8,400 acres of tidal creeks, mangrove

forests, islands, and uplands within and adjacent to the Rookery Bay Aquatic

Preserve. An additional 13,230 acres of mangrove forested lands contiguous

with the aquatic preserve were acquired by the State from the Deltona

Corporation.

The digging of canals to drain agricul tural and residential areas and the

construction of major highways have altered the quantity, quality, and timing

of freshwater entering the Rookery Bay system (Thoerrke, 1985). Effective

watershed management is fundamental to the continued health of the estuarine

system.

Due to.inaccessibility and public ownership of a portion of the islands, the

Ten Thousand Islands Aquatic Preserve has minimal development within its

boundaries. Alteration of the Preserve's watershed is the overriding

environmental concern. The creation of South Golden Gate Estates, the Faka

Union-Remuda Ranch Canal system and the construction of U.S. Highway 41 have

altered the quality, quantity, and timing of freshwater entering the system.

2. Access

Major highways into the area are Interstate 75 from the north and State Roa d

(S.R.) 84 (Alligator Alley) and U.S. 41 (Tamiami Trail) from the east (Figures

2 and 3).

Road access to Rookery Bay Aquatic Preserve is available by S.R. 951 from the

west and S.R. 92 from the east. Access by water may be obtained from the

intracoastal waterway running south from Na.ples or north from Coon Key Pass,

or via Henderson Creek from the east. Entry from the Gulf of flexico on the

west is via Gordon, Hurricane, Big Marco, Caxambas, and Coon Key Passes.

There are a n'Umber of marinas and boat launching ramps in Naples, Marco

Island, Isles of Capri, and Goodland to facilitate boat access into the

preserve.

1here is no direct access to the Cape Romano-Ten Thousands Islands Aquatic

Preserve by land. Access to the preserve's waters occurs via the intracoastal

waterway through Coon Key Pass from the west. Access from the north is via

Blackwater River through Collier-Seminole State Park and via the Faka Union

Canal. Entry from the Gulf of Mexico and Gullivan Bay on the south is via

Dismal Pass, Fakahatchee Pass, and numerous inlets. There is a boat ramp at

Collier-Seminole State Park, a marina at Porti@-of-the-lslands on the Faka Union

Canal and boat ramps and marinas at Everglades City and Chokoloskee to

facilitate boat access to the preserve.

3. Demography, Land Use, and Coastal Infrastructure

Collier County is the fastest growing metropolitan area in the United States

fMiami Herald, July 30, 1986). The population increased 180% from 1970 to

1982 and is expected to exceed 180,000 by the year 1995 (Naples Area Chamber
of Commerce, 1986). Seasonal visitors and tourists total approximately
750,000 people ea ch year. Rap id growth and the influx of seasonal visitors

has resulted in high density development along portions of the Collier County

coastline. From the northern boundary of the Rookery Bay Aquatic Preserve

northward to Lee County, there is extensive residential and commercial

development including the City of Naples. South of the City of Naples, the

major population center is on Marco Island. The majority of the coastal areas
south of Mlarco Island remain undeveloped.

The shoreline of the Rookery Bay Aquatic Preserve is sparsely developed.

There are only two areas with significant Waterfront development within the

preserve's boundaries: 'isles of Capri and Goodland. There are small isolated

areas with minimal development on Cape Romano Island and Key (Keewadin)

Island, Little Marco Island, Cannon Island and at the mouth of Henderson

Creek.

The watershed of the Rookery Bay Aquatic Preserve has considerable

development. In 1980, 11,712 people lived in Wa-ter Management District 6 and

Belle Meade drainage areas, the two main drainage basins of the preserve

(Gore, 1984). The Collier County Planning and Zoning Department projects high

future growth especially in Water Management District 6. Lely Resort

Community, a 10,000 residenti al unit development, has been proposed in the

Rookery Say watershed.

Part of the watershed of the Rookery Bay Aquatic P@eserve is used for

-agriculture, particularly in the Belle Meade area. Consequently, there is the

potential for agricultural pollutants (pesticides, herbicides, and nutrients

from fertilizers) to enter the aquatic preserves.

Cape Romano-Ten Thousand Islands Aquatic Preserve is.essentially uninhabited..

There are only a few isolated fish camps and hermit houses located in the Ten

,Thousand Islands.

Annual rainfall in Collier County may range from 76 cm (30 inches) to over 178

cm (70 inches) per year with a generally accepted average of 140 cm (55

inches) (Gore, 1984). There is a distinct wet-dry precipitation regime

annually with approximately 66% of the total yearly rainfall occurring betwe@n

the months of June and October. An average of @10-23 cm (8-9 inches) per month

of precipitation occurs between June and September and an averace of '2-5 cm

(14 inches) per month is recorded from November through March.

Southwest Florida is situated in a seasonal tropical weather belt that

produces or channels hurricanes toward the coast. Few devastating hurricanes

have reached land in this area. The most recent catastrophic storm was

Hurricane Donna which made landfall in 1960 causing massive flooding,

devastation of vegetation and wide-spread damage to homes and buildings in

Collier County. An earlier storm in 1918 produced severe damage to natural

and man-made features and is considered responsible for destroying or severely

damaging many of the mangroves in Collier County. Although a major storm can

strike Collier County at any time, projktions based on storm-track averaging

suggest that the probability for a storm in any given year is 5 in 10, and for

two such storms 1.5 in 10 (Jordan, 1973). The probability that any of these

storms.will be hurricanes or great hurricanes is 5% and 1%, respectively

(Gentry, 1974). Such catastrophic events may have long-term ramifications on

the aquatic preserves and could change the ecology permanently (Alexander and

Crook, 1974).

B. Geology, Physiography and Soils

Collier County is located in the South Florida Basin, a subunit of the Florida
Plateau, a geologic region originally named by Vaughan (1910). The Florida

Plateau consists of the State of Florida, and an equal area of subinerged ocean

shelf west to a depth of 50 fathoms (91m or 300 ft) (Drew and Schomer, 198A),.

The core of the plateau is formed of igneous and metamorphic rocks.
Sedimentary rocks greater than 365 meters (1200 feet) thick overlie the core.

The geologic structure of the area is a result of a highly sedimented marine
environment which alternately emerged and submerged during glacial and

interglacial periods, respectively. All of Collier County is underlaid by the

Tamiami Formation which is a nearshore shallow water rock deposited in marine

littoral or shallow sublittoral zones during the Miocene Age (Gore, 1984).

The Tamiami Formation is composed of tan to light grey sandy and silty clays

and shell marl (McCoy, 1962). The limestonelof the Tamiami formation forms

the principal shallow water aquifer of Collier County. Its permeability and

widespread occurrence is critical to the county's water supplies.

In the Cape Romano-Ten Thousand Islands Aquatic Preserve and its watershed,

the Tamiami Formation is exposed near the surface or.is covered by a thin

layer of more recent sandy marine deposits. In-the Rookery Bay Aquatic

Preserve, portions of the Tamiami Formation are covered unconformably by the

Pleistocene Anastasia Formation, a combination of subaerial lithified sands

and shell hash (McCoy, 19642).

The physiography of a natural area determines surface water drainage,
groundwater resources, and hydroperiod. Davi-s (1943) divided Collier County

into three physiographic regions: 1) Flatlands; 2) Big Cypress; and, 3)

Southwest Coast and Ten Thousand Islands (Figure 4). The physiographic

regions were formed by deposition and erosion associated.'with sea-level rise

during periods of interglaciation.

The Flatlands region is an elevated, relatively level area with predominantly

sand soils and elevations upwards to 10 m (33 ft.) The Flatlands region does

.not have the characteristic relic shoreline features found in other areas

F L A T L A N D Mil"

Ns%: 400
SS
44o,
O(J W A M
.44-lo CO

Figure 4. Three Physiographic Regions of Collier County (Davis, 1943).

formed during the same geologic time. White (1970) hypothesized that the

region was formed during the Pamlico time as a submarine shoal extending south

from a cape at the south end of the Desoto Plain. As the sea level dropped,

the Flatlands region emerged as a slightly elevated sandy area interspersed

with marsh, swamps, and open water depressions such as Okaloacoochee Slough,

Corkscrew Swamp, and Lake Trafford. Soils of the FlatIands Region, mainly

derived from marine deposits, are sandy and lie directly over marls,

limestone, and calcareous limestone (Davis, 1943).

The Big Cypress region is oriented northwest to southeast and characterized by

elevations of 15 feetlor less. The region is tilted toward the Gulf of

Mexico. Swamps with large cypress, islands of pine forest, and wet mar!

prairies are interspersed throughout the region (McCoy, 1972). The Big

Cypress is characterized by thin sand or thin marl soils or the absence of

soils in rockland areas (Davis, 1943).

The Southwest Coast and Ten Thousand Islands Region contains tidal streams,

bays, lagoons, and thousands of washover islands. Elevations are generally

0-10 feet with a few exceptions such as Hoor's Island and Sand Hill. The

geomorphology of the Collier County coast consists of two major components:
1) a coastal re-entrant zone from Gullivan Bay southward and 2) a coastal

protuberant zone from Cape Romano northward (Drew and Schomer 1984).

The two distinct zones are a result of contrasting offshore bat hymetry and

sediment sources responding to the rising sea level. The offshore slope

becomes more gradual south of Cape Romano. North of the Cape, the 5-fathom

isobath is rarely greater that 9 km (6 mi) from shore, but south of the Cape,

the 5-fathom isobath is 24 to 32 km (15-20 mi) offshore. The gradual slope in

the south zone reduces wave energy to a level that is insufficient to

transport sand necessary for the formation of barrier islands.

The type of nearshore materials is another factor contributing to the

re-entrant shoreline configuration. The nearshore sediments in the south zone

are high in limestone which it not a suitable material for the formation of

barrier islands. The nearshore materials north of the Cape are high in quartz

sand, an excellent material for barrier island formation.

The outer islands in the Ten Thousand Islands have small quartz. rich sand

beaches on their seaward shores, but the sand is not available in sufficient

quantity to enable the beaches to coalesce into continuous barrier islands.

Recent sediments in the Ten Thousand Tslands have been deposited during the

past 5000 years (Shier, 1969). Inundation of the area after the most recent

glacial period produced a broad expanse of shallow water in the region. Along

the seaward edge of the shallow area, conditions were favorable for the growth

of the vermetid gastropod, Petaloconchus sp. A series of elongated vermetid

reefs formed parallel to the shoreline and a distinctive sediment was

deposited around these reefs. Presently, the seaward islands of Ten Thousand

Islands are underlaid with these reef barrier sediments.
.0 . I

The formation of the inner islands is closely linked to the production and

binding of sediments by oysters and mangroves. Sediments, transported from

the Cape Romano Shoals by tidal currents and waves from strong storms,

accumulated in the islands region and was stabilized by the growth of vermetid

reefs, oysters, and mangroves. The inner islands are overlying a complex of
si4ity sands, mangrove peat, and'oyster shell hash..

Tn the area north of Cape Romano, the combination of a greater offshore slope,

moderate to high energy waves, and a constant source of sand transported by

littoral currents has formed high energy barrier islands with a series of

sheltered,lagoons leeward of the islands.

C. Surface Water Hydrol ogy

The Rookery Bay-Ten Thousand Islands estuarine systems are a series of small

interconnected tidal embayments. The estuaries of the Rookery Bay and Cape

Romano-Ten Thousand Islands Aquatic Preserves have surface areas of 28,094 and

27,006 acres, respectively. Surface water hydrology is influenced by the

interaction of freshwater inputs from major man-made canals, numerous tidal
creeks and rivers, and overland sheetflow with tidal exchange via severil

major inlets with the Gulf of Mexico. The interaction of the discharged

freshwater with the tides in-Fluences the circulation patterns, sedimentation,

nutrient levels, and pollution amounts.

The region-exhibits two high and two low tides of unequal magnitude each lunar

day (11-4 hours and 50 minutes). Tidal range averages 0.6 m (1.9 feet) with

higher and lower extremes during spring tides. Meteorological events can

modify the tidal range. Low pressure systems such as hurricanes and frontal

storms have historically increased tidal amplitude, while strong north winds

and high barometric pressure can suppress it.

The water circulation of the estuarine systems is complex and not well

understood. There appears to be a net flow from north to south in both of the

aquatic preserves. Tidal exchange with the Gulf takes place through numerous

inlets such as Gordon Pass, Hurricane Pass, Big Marco Pass, Caxambas Pass, and

Coon Key Pass in the Rookery Bay Aquatic Preserve. The Cape Romano-Ten

Thousand Islands Aquatic Preserve consists of a labyrinth of tidal inlets and

scoured tidal channels such as Whitney Channel, Dismal Key Pass, Panther Key

-Pass, Fakahatchee Pass, and West Pass.

Although the system receives seasonal influxes of freshwater from canals,

extensive tidal exchange through the numerous inlets allows for flushing. The

major hydrologic management concern in the preserves is the timing, quantity

and quality of the freshwater en tering the system.

The combination of physiography and a series of man-made canals determine

surface water drainage and hydroperiod in Collier County. Both aquatic
preserves are located in the Southwest Coast and Ten Thousand' Islands

physiographic region and receive drainage from the Big Cypress Swamp and

Flatlands regions.

Due to the flat topography and slow natural drainage, no well-defined stream

system is present in the Flatlands and Big Cypress regions. Drainaae is

through sloughs, strands, and canals or by overland sheet flow. In the

Southwest Coast and Ten Thousand Islands regions, a series of tidal channels

and small drainage creeks, oriented perpendicular to the coast, dissect

mangrove forest and saltmarshes and empty into the estuaries.

The natural drainage patterns have been dramatically altered by the

construction of canal systems: the Golden Cate Canal, the Faka Union Canal,
and borrow canals for the construction of U.S., 41 (Tamiami Trail), S.R. 84
(Alligator Alley), S.R. 951, and S.R. 92 (Figure 5) (Collier County Board of

County Cormissioners, 1983). The purpose of the Golden Cate and Faka Union

Canals are to lower annual peak water levels to prevent flooding during the

rainy season.

The Golden Gate Canal system is IP3 miles long and is interconnected with
several secondary canals.' The canal system provides control'Ied drainage which

enabled development of Golden Gate Estates. The Canal is 100 feet wide and.

less than 8 feet deep and has several fixed weirs throughout its reach. The

functions of the weirs are to control canal flow, prevent excessive drainage,

and deter saltwater encroachment from the estuaries.

The maJority of the flow from the Golden Gate Canal enters the estuarine

system at Gordon River, north of the Rookery @ay Aquatic Preserve. However,

the Henderson Creek Canal receives flow from the Golden Gate Canal during the

rainy season. The Henderson Creek Canal discharges directly into the' Rookery

Bay Aouatic Preserve and is the major source of freshwater for the estuarv.

Henderson Creek, with an average depth of 0.8 m.(2.6 ft), has a mean flow rate

of 2,073,600 cubic feet/day (USGS, 19821).

Another important source of fr@shwater in the Rookery Pay Aquatic Preserve is

the Lely Canal. This waterway drains the upland areas of Water Management

District No. 6 and produces a mean daily flow of IJ.44,000 cubic feet/day.

Additional freshwater enters the Rookery Say Aquatic Preserve through numerous

MILES

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LEE COUNTY

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EXPLANATION

Canal and Weir 0 LLIER
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Weir numberand date ofcompletion

A 10ARCO
Discharge station
ISLAND 0

a
rl'6@7'0!r

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Figure 5. Canal System in Collier County (f -rom Comprehensive Plan).
40

tidal creeks and minor tributaries through the mangrove forests, saltmarshes,

and coastal uplands. A substantial, but immeasurable, amount of overland

sheetflow enters the Rookery Bay Aquatic Preserve.

The Faka Union Canal is a combination of four parallel canals which coalesce

into one and discharge though the channalized Faka Union River into Faka Union

Pay. The Faka Union Canal is the major source of freshwater for the Cape

Romano-Ten Thousand Islands Aquatic Preserve. The Faka Union Canal is 100

feet in width and less that 8 feet in depth. Water levels are controlled in a
similar fashion' as the Golden Gate Canal by a series of weirs.

Numerous small rivers, such as the Blackwater, Whitney, Pumkin, Little Wood,

Wood, Fakahatchee, and East Rivers drain the immediate coastal areas of the

Cape Romano-Ten Thousand Islands Aquatic Preserve. Additional. freshwater

enters as overland-flow and via numerous tidal creeks.

D. Archaeological and Cultural Sites

The earliest cultural period in South Florida is known as the Paleo-Tndian

period dating from 12,000 to 6500 B.C. No Paleo-Indian sites have been
located in the Rookery Bay Aquatic Preserve or the Cape ftomano-Ten Thousand

Islands Aquatic Preserve. Because sea level was much lower during this

period, there may be sites that are now submerged or buried in the soils.

Shards of pottery are known to wash ashore along the outer islands in the Ten

Thousand Islands archipelago, however, the.origin and age of-the pottery has

yet to be determined.

The subsequent cultural period, the Archaic, dates from 6500 to 1000 B.C. As

large game animals became extinct, subsi�tence shifted from hunting to

intensive gathering of localized resources, such as oysters a,nd clams. During

this period, the extensive shell middens, common in the aquatic preserves,

were created.

V!hen the Spanish explorers arrived, the Calusa (a.k.a. Caloosa, Calos, or
Carlos) Indians were the dominant aborigines, in both numbers and range, in

southwest Florida. The Caloosa were linguistically distinct from the Timucuan

group who inhabited north Florida. Along the coast, Calusas consumed large

quantities of abundant shellfish, mainly oysters and hard shell clams, and

built domiciles and burial mounds from refus e shells. Secondary food sources

were small and medium sized mammals, reptiles, birds, and wild plants.

The Calu@a Indians traveled inland waterways by canoes and left mounds

containing artifacts and human remains in the interior along their waterways.

There are numerous Calusa shell mounds located in both the Rookery Bay Aquatic

Preserve and Cape Romano-Ten Thousand Islands Aquatic Preserve.

There are no descendants of the Calusas left in South Florida. Most'of the

Calusa Indians died from epidemic diseases introduced by the Europeans in the

early 1600's, or migrated to Cuba. The Seminoles and Miccosukees, who were

forced into south Florida much later, are th e only Native Americans remaining

in the region.

According to DHR records., there are 27 known Indian middens in the Rookery Bay

Aquatic Preserve and 16 Indian middens in the Cape Romano-Ten Thousand Islands

Aquatic Preserve. The sites are located primarily along the shoreline and

occasionally in the upland areas. Several of the sites have been excavated

with skeletal remains of humans and animals, fiber-tempered pottery, and

Busycon (shell) tools being common artifacts. Spanish pottery has been found

on two sites in the Rookery Bay Aquatic Preserve, indicating that at one time

the Spanish occupied an abandoned Indian midden. It is probable that

additional shell middens and mounds from early Archaic and Paleo periods, as

well as historic Spanish sites, are present in both aquatic preserves.

E. Plant Associations

The southwest Florida coast is a prime example of a subtropical coastal

estuary and forest system. The aquatic preserves are characteri zed by coastal

margin saltwater marshes, extensive mainland mangrove forest, thousands of

reticulated mangrove islands, coastal strands, seagrass beds, and drift and

benthic algae.

1. Benthic, Drift, and Epiphytic Algae.

Afgae are important components of the marine and estuarine environment. Algae

may be drift, benthic, or epiphytic, depending on the species. A firm

substrate is required to begin algal growth, but once growth has been

initiated, attachment for certain species is unnecessary. Drift algae become

detached from substrate by wave action or grazing by organisms and are found

in large quantities in the preserves' open waters during winter and spring.

Benthic algae.are found attached to oyster bars, rocks, and other firm

substrates or may have rhizoidal holdfasts which enable them to use sediments

as a substrate. Ephiphytic algae grow attached to other plants such as

seagrasses, mangroves, and other algae. There are four major taxa of algae

common in the aquatic preserves: 1) Cyanophyta (blue-green algae, 2)

Chlorophyta (green algae), 3) Rhodophyta (red algae), and 4) Phaeophyta (brown

algae).

Blue-green algae are small plants most commonly found in littoral zones.

Blue-green algae are ubiquitous in the estuary and coat mangrove roots,

saltmarsh plants, rock jetties, and pilings. Plant morphology varies
from sma 11 colonies of cells to elaborate filaments which may remain clumped

together in macroscopically visible colonies. The ecologic value of the

blue-green algae in the estuarine environment has not been fully assessed.

Regardless of their ecologic value, they are the most abundant microscopic

oro.anisms in the littoral zone of southwest Florida estuaries with 34 species

present (Dawes, 1974).

The green algae are well represented in southwest Florida estuaries ranging

from small epiphytes to large bladed macroalgae. The.green algae are

important producers of organic carbon and members of the order Siphonales

produce calcium carbonate for their skeleton, which is later incorporated into

4
Che sediments. Epiphytic forms are founds on seagrasses, mangrove prop roots,

and drift algae. Several benthic species are common in waters of the

preserves. Caulerpa spp., is common among seagrass beds and is found on

mangrove roots$ muddy bottoms, and firm substrates. Williams (1981)

speculated that the attached green algae (Caulerpa, Halimeda, Penicillus,

Rhipocephalus, and Udotea) buffer currents allowing for subsequent sediment

stabilization by seagrasses.

Red algae are predominantly marine and are most abundant in tropical and

subtropical waters. M orphologically the red algae can be epiphytic, benthic

or drift. Gracilaria and Laurencia are common genera of detached drift algae.

These plants provide shelter and food sources for many small invertebrates and

fish. Mud-sand substrates in the Ten Thousand Islands Region support growth

of red algae. Seasonal variation in the standing crop of red algae occurs in

the region With the peak concentration occurring from July to September.

(Carter et al., 1973).

The majority of the brown algae are found in cold temperat e to arctic marine

waters. On the west coast of Florida, brown algae are most abundant during

the winter months when the shallow waters are cool (Dawes, 1974). Some

tropical genera of brown algae are present year round, such as Sargassum,

Dictyota, and Padina.

Sargassum spp. are bouyed by small air bladders and are transported great

distances in the Gulf by currents. Occasionally, Sargassum washes up in great

quantities on the beaches of the aquatic preserve and brings with it a

community of highly specialized organisms. Flatworms, polychaetes, shrimps,

and crabs are camouflaged to blend in with the algae.

2. Seagrasses

Seagrasses thrive only in the least disturbed bays and lagoons which have the

most transparent water. These qualities are found in the Cape Romano Shoals

area and on the seaward toes of the Ten Thousand Islands. Relatively high

turbidity and color and periodically reduced salinities in the bay system of

the Ten Thousand Islands limit their distribution. Coastal dredge a.nd fill

activities , shoreline development, canalization, and drainage of the watershed

may also limit their distribution.

In the upper reaches of the estuaries, widgeon-grass-(Ruppia maritima) is most

prominent. Grassbeds in the open-water estuaries are composed of a mixture of

grasses with shoal grass (Halodule wrightii) and turtle grass (Thalassia

.testudinum) being most common. Manatee crass (Syringodium filiforme)-and

snook grass (Halophila balonis) are present to a lesser extent. These marine

flowering plants occur on both sandy and organic sediments in shallow depths.

Information on species composition of seagrass beds is available from Yokel

(1975) for Rookery Bay and Carter et al. (1973) for Faka Union and Fakahatchee

Bays.

Despite their local limited aerial coverage, seagrass beds are among the most

productive estuarine communities and are vital habitat for adult and juvenile

fish, mollusks, and crustaceans. Many organisms that are characterized by

their presence and abundance in mangrove prop roots, over oyster bars, or in

open estuarine waters use the seagrass meadows as nursery grounds. Some of

these organisms may feed in the seagrasses throughout their life, but as

adults they are too large to utilize the meadows for cover. Consequently,

they seek shelter in the prop roots of mangroves or in the complex structure

of oyster bars during the day and disperse over the seagrasses to feed at

night.

Seagrass communities play an integral part in the cycling of nutrients in the

estuarine environment. They are consumed directly by urchins, coochs, fishes,

and the endangered West Indian Manatee (Trichechus rrianatus) (Zieman, 1982).

Decomposition of seagrasses contributes to a food source for detrital feeders,

which in turn are consumed by fish and other marine life. Seagrasses are used

as an attachment site for many forms of epiphytic algae and foraminifera which

may be a more utilized food source for fish and juvenile shrimp than direct

seagrass herbivory (Zieman and Wetzel, 1980; Dawes, 1981).

Seagrass blades provide a baffling effect that slows the water currents thus

trapping particulate matter. The roots and rhizomes of the seaqrasses bind

the sediments allowing organic material to accumulate which results in a

diverse meiofauna (Zieman and Wetzel, 1980).

When a loss of seagrasses occurs, reductions in such factors as water quality,
survival of many 1arval an@ juvenile fish and invertebrates, and the

availability of food throughout the food chain take place. The ultimate

consequence is lower availabilitV of commercial and recreational fish and

shellfish which directly affects the general public. Most losses of

seagrasses are caused by dredge and fill activities. In Florida 60,000 acres

of estuarine habitat have been filled (Durako et al. 19PS). Even if the fill

is not placed directly on top of seagrass beds, mortality may result from
increased water turbidity. Unconsolidated particles of fill may be

continually resuspended into the water column, inhibiting recolonization by
seagrasses. Excessive nutrient@ from point and non-point pollutants can cause

phytoplankton blooms or dramatic epiphytic algae growth, which may shade

seagrasses causing a reduction of productivity. Propeller cuts directly

reduce aerial coverage of seagrass beds. Since primaryreproduction by

seagrasses is via rhizomes, recolonization of disturbed areas is relatively

slow or nonexistent.

3. Salt marsh

Salt marshes are grass dominated communities that grow landward of or are

interpersed among the mangrove fringing forests. Although they often do not

have a direct tidal connection, they invariably contain brackish or saline

waters and are periodically inundated during high spring tides. in th-e

aquatic preserves, salt marshes occupy a transitional zone between mangroves

and freshwater marshes. Lewis (1.982) and Egler (195?) suggest that
salt'marshes may be a pioneer community in subtropical regions, eventually

being replaced by mangroves due to shading.

in salt marshes, the importance of plant biomass as a food source is not as

significant as the production of vegetation fragments which are decomposed

into detritus. This organic matter is exported into the estuary where it

serves as the base of the marine and estuarine food web. Detrital matter is

consumed by b@cteria, insect larvae, amphipods, polychaetes, fiddler crabs,

clams, mussels, oysters and other organisms which are in turn consumed by

larger organisms.

High primary productivity and the shelter of dense marsh grass provide habitat

for juvenile and adult fish, birds, and invertebrates; protect shorelines from

erosion; and, remove nutrients and sediments from the water column.

Zonation of the saltmarsh vegetation is typified by having smooth cordgrass
(Spartina alterniflora) as the first emergent vegetation-behind the mangrove

fringe. Landward of the cordgrass, black needle rush (Juncus roemerianus)

occurs in large bands and comprises the bulk of biomass in mos t of the marshes

in the aquatic preserves.

Upland of the needle' rush zone, areas with hypersaline soils call-ed salt flats

are present. This zone is rarely inundated with tidal water, and when

inundated, water rapidly percolates through the sandy substrate. Long periods

of exposure and high evap oration result in extremely high interstitial water

salinities. Consequently, halophytic plants such as seashore saltgrass

(Distichlis spicata , glasswort (Salicornia perennias), and saltwort (Ba tis

maritima) are dominant.

An associated habitat found interspersed in the saltmarshes and mangroves are

coastal ponds. These small, clearly delineated areas hold semi-permanent or

permanent water which can be hypersaline, saline, of brackish. Particularly

during periods of drought when the water levels are down, these areas form

important feeding sites for numerous wading birds and small mammals.

4. Mangrove Forest

Three species of mangroves occur in the aquatic preserves: red (Rhizophora
mangle); black (Avicennia germinans); and, white (Laguncularia racemosa). The
buttonwood (Conocarpus erecta) is not a true mangrove (no tendency to vivipary
or root modification), but is often grouped with the mangroves because of its

ecological occurrence in the higher, less tidally inundated areas.

Conditions that limit the distribution of mangroves include climate, salinity,

tidal fluctuation, substrate, and available nutrients. nptimal ccrditions in

the Ten Thousand Islands region have resulted in the development of lush,

often monospecific forests. Red mangroves comprise the dominant vegetation on

most of the islands and along the immediate shoreline of the bays and creeks.

Black mangroves form extensive forests and are found chiefly in the tidal
flushed ba'sins located landward of the shoreline. White mangroves are

generally found in the upland extreme of the mangrove assemblage, but are

often intermixed with black mangrove. Buttonwood trees occur in the higher

areas of the mangrove forests, along berms and high island margins, as well as

along the mangrove-marsh fringe. Hydrologic and topographic features alter

the zonation patterns and the three mangrove zones are occasionally

indistinct, where intermi xing of mangrove species occurs.

Most of the mangrove forests in the Rookery Bay and Cape Romano-Ten Thousand

Islands Aquatic Preserves are secondary growth, ranging from 30 to 70-100

years old (WIR, 1986). Hurricanes in 1918 and 1960 caused extensive

deforestation in the Ten Thousand Islands Area. Isolated forest remnants

greater than 100 years old are located along the north shore of Rookery Bay
and in Henderson Creek (The Conservation Foundation, 1968).

The mangrove forests of the aquatic preserves are of critical value to the

marine and estuarine ecosystems. Complex branching prop roots of the red

mangrove and black mangrove pneumatophores trap sediments, providing a rich

food source for benthic,.planktonic, and fish communities. The leaves of the

mangroves are constantly being shed. These rapidly decay to form small

particulate material called detritus which is transported by the tides into

the estuaries where it is consumed by many invertebrates that inhabit soft

bottom sediments.

Large numbers of invertebrates and fishes seek shelter and food in the maze of

trunks and roots. The tree crabs and snails graze in the mangrove canopy.

Symbiotic insects such as ants, beetles, cockroaches, and aphids live in the

trunks and on the leaves.

Numerous species of wading birds use the trees as roosting and nesting a reas.

Raptors feed on fishes, small birds, and mammals associated with the

mangroves.

Tn addition to their importance in nutrient production and as habitat,
mangrove forests also reduce the physical effects of storms and wave overwas*h

because their extensive root systems stabilize sediments. These same root

systems slow freshwater runoff and act as filters for nutrients and sediments.

Within the aquatic preserves, changes in the distribution and composition of

mangrove communities are the result of the alteration of drainage patterns in

the uplands, erosion induced by increased wave action associated with

increased boating activity, and direct destruction by uprooting trees for

building or water access.

Since mangroves stabilize bottom sediment, disturbances to mangrove forests

increase turbidity in adjacent waters, which in turn may affect seagrass and

other benthic communities.

5. Coastal Strand

In the area north of Cape Romano, the combination of a greater offshore slope,
mod'erate to high energy waves, and a constant source of sand transported by

littoral currents has formed high energy barrier islands vegetated by highly

adapted plants. South of Cape Romano, coastal strand vegetation is present to

a lesser extent and is found alo ng small narrow beaches of the outer Ten

Thousand Islands.

High temperature extremes, very porous coastal sands, salt spray, and abrasive

aeolian sand contribute to the harsh environment of the coastal strand. The

vegetation of the beaches and foredunes of the aquatic preserves is

characterized by pioneer plants which are adapted to the harsh environment.

Typical species include sea oat (Uni ola paniculata), sea rocket (Cakile sp.)

and railroad vine (Ipomea pes-caprae).

A collection of associated fauna ha-, adapted to the harsh environment of the

coastal strand. Numerous shorebirds and aerial searching birds feed and nest

along the Gulf beaches in the preserves. Sea turtles are known to lay egos

along Key (Keewadin), Kice, and Cape Romano 'Islands during the summer months.

F. Fauna

A combination of subtropical climate, diverse vegetation and a variety of

habitats provides ideal conditions for the occurrence of a variety of fauna in

the aquatic preserves. Mangroves, seagrass beds, oyster beds, live bottcm

communities and saltmarshes provide habitat for numerous species which

includes marine invertebrates, mollusks, reptiles, amphibians, finfish,

colonial water birds, migratory waterfowl, raptors, and marine mammals.

1. Invertebrates

Tnvertebrates are found in every habitat of the preserves including mudflats,

seagrass beds, oyster bars, sandy bottom, live bottom communities and mangrove

prop roots.. Indigenous invertebrates include-members of the following phyla:

Porifera, Cnidaria, Ctenophora, Nemertea, Annelida, Rryozoa, Hollusci,

Arthropoda, and Enchinodermata. A species list of invertebrates expected to.

inhabit the preserves is located in Appendix E.

Porifera

The Porifera, meaning "pore bearers", are commonly called sponges and have no

true physiologic systems. They feed by filtering water through their body

cavities, extracting bacteria, detritus, and planktonic algae in the process.

Many members of this phylum are thin and encrusting including the two species

currently identified in the preserves. Haliclona permollis is purple in color

and has a world-wide estuarine distribution. Cliona celata,, a yellow species,

has a similar distribution but is restricted to calcium carbonate substrata.

By secreting acid, this species bores into oysters eventually killing them.

It is unknown whether this species is a significant problem in these

preserves.

Cnidaria

The Cnidaria are radially symmetrical animals that have a simple internal

cavity. Nematocysts are characteristic of all Coelenterates. Portugese

man-of-war (Physalia physalia) , sea ne ttle (Chryasora quinguecirrha), lion's

mane (Cyanea capillata), moon jellyfish (Aurelia aurita) and by-the-wind

sailor (Velella velella) are pelagic but are occasionally carried into the

aquatic preserves by onshore currents or winds in the Gulf. Anemones are
found attached to the live bottom communities such as verm*etid mo-llusc*reefs

and rock Jetties. All Cnidarians are predators that feed b using.long barbed
I y

nematocysts that remain coiled inside tentacles until they come in contact

with a potential food source such as fish. The warty sea anemone (Bunodosoma

cavernata), tricolor anemone (Calliactis tricolor), and pale anemone (Aiptasia

pallida), are the predominant anemones in the region.

Ctenophora

The Ctenophores, nearly all of which lack hematocysts, have transparent,

geletinous bodies bearing eight rows of comblike cilia used for locomotion.

Seasonal in abundance, ctenophores can occur in large numbers in the bays and

are voracious predators of zooplankton, larval fish and fish eggs, often

wreaking havoc with a year's spawning (Voss 1976). Although gooseberry

tPleurobrachia pileus , ovate comb jelly, (Beroe ovata), and phosphorus jelly

(Nnemiopsis mccradyi) occur along the Gulf of Mexico, only the latter is

common in estuaries.

Nermertea

The members of Nemertea are long, slender, somewhat flattened worms that range

in size'from less than an inch to several feet lonc. Nermertea are found

locally burrowed in sandy mud bottoms near and below the low tide line.

Numerous Nemertea were collected in core samples by staff of the Rookery Bay

National Estuarine Research Reserve during.monthly benthic sampling between

December 1984 and November 1985 (Thoemke and Gyorkos 10,87). The most common

Nemertea is the ribbon worm (Cerebratulus lacteus) which preys upon other

worms and small crustaceans.

Annel-ida

Annelida includes about 9,000 known species belonging to three classes: the
Hirundinea, Oligochaeta, and Polyc'haeta (Meinkoth 1981). In the sediments of-

Roo@ery Bay, 75 species of polychaetes have been identified (Appendix E)

(Thoemke and Gyorkos, 1987).

Bryozoa

Bryozoans are sedentary creatures that form branching, erect or encrusting

colonies on a variety of substrates. Oyster bars, jetties, vermetid reefs,

marine plant stems, pilings, and seawalls are suitable substrates for

colonization by bryozoans. Single-horn bryozoan (Schizoporella unicornis), a

branching colony, has been observed washed up on the beaches in the Ten

Thousand Islands. The hooded bryozoan (Watersipora cucullata), an encrusting

form, is common on rocks, pilings, and oyster shells in-south Florida (Voss,

1976).

Mollusca

Mollusks are a large, well known group of animals most of which have one or

two external shells. Mollusks have historically been a highly exploited food

source for humans. The Calusa Indians harvested the American oyster

(Crassostrea virginica) and the southern hardshell clam (Mercenaria

campechiensis) prior to the arrival of Europeans. In the Rookery Say Aquatic

Preserve, a tremendous fishery based on the southern ha @rdshell clam existed in

the early 1900's. The cause of the collapse of the clam fishery off Cape

Romano is unknown.

In the Rookery Bay Aquatic Preserve, 32 species of mollusks have been

identified (Thoemke and Gyorkos, 1987). Of the mollusks present, the oysters

and vermetids possess reef building capabilities. Oysters are found in soft
and hard bottoms consisting of sand or firm mud or attached to mangrove prop

roots.

In the Rookery Bay and Ten Thousand Islands regions, oysters are limited to

the mid-intertidal zone where minimum inundation and heat,determine the upper

limit and predation determines the lower extent. Oyster beds support a

variety of macrofauna and benthic algae. Sponges, Bryozoans, mussels,

barnacles, and slipper shells use oysters as substrate. The oyster drill
(Urosalpinx cinerea), stone crab (Menippe mercenaria.), blue crab (Callinectes
sapidus), mud crab (Panopeus herbstii), and the oystercatcher (Haematopus

palliatus) prey on adult oysters.

Since oysters and clams, commonly called shellfish, filter-feed directly on

suspended particulate matter in the water column, they concentrate pollutants

present in the water in their tissues. Shellfish have great economic value,

however if contaminated, they present a potential public health hazard to the

consumer. For this reason, shellfish harvesting is only allowed in areas

which meet stringent water quality standards. Large portions of Cape
Romano-Ten Thousand Islands Aquati c Preserve are presently approved for

shellfish harvesting. The Rookery Bay Aquatic Preserve is presently

prohibited for shellfish harvesting, but efforts are underwav to reevaluate

the classification.

The filter-feeding vermetid gastropod Petaloconchus sp. has formed reef

structures in the intertidal zone of the outer Ten Thousand Islands. Mo
living reef-bu'ilding animals have been found recently, but it is possible that
reef growth may be episodic (Jones et al*., 1-085). Regardless of the absence

of living vermetids, these reefs support a diverse live bottom community

composed of bryozoans, hydroids, ascidians, sponges, and occasionally hard

corals. Despite their limited distribution, the vermetid ree-Fs are an

integral part of the estuarine system, providing habitat and food to a variety

of vertebrates and invertebrates.

Organisms living on the reefs are exposed to severe physical stresses from

breaking waves and temperature extremes. Mobile animals seek refuge in the

crevices or on the leeward side of the rocks. Most of the animals on the

reefs either filter plankton from the water, graze on epiphytic algae, or

scavenge scraps of food left by the ebbing tide.

Arthropoda

Art@ropods include a large and varied collection of animals that range from

minute amphipods and sessile barnacles to large crabs. Most arthropods have a

.hard external shell and jointed legs.. Barnacles are common. arthropods found

on rocks, oyster shells, vermetid reefs, and other hard substrates. Barnacles

filter plankton from the water with featherlike.appendages. When the tide

recedes, the appendages are withdrawn behind tightly closed opercular valves.

Fragile barnacle (Chthamalus fragili ), starred barnacle (Chthamalus
stellatus.) and ivory barnacle (Balanus eburne us) are common in the region.

Amphipods are small arthropods that occupy an important niche in the estuarine

food chain. Thoemke and Gyorkos (1987) identified 21 species of amphipods in

Rookery Bay.

Isopods are another group of small arthropods that are often wood boring

animals. The mangrove gribble (Sphaeroma tenebrans) bores into mangrove prop

roots causing extensive damage. Rehm and Humm (1973) attributed the loss of

trees during storms to isopod damage.

.58

The most well-known arthropods belong to the Order Decapoda which consists of

shrimp, lobster, and crabs. Gore (1987.) listed 121 species of shallow-water

decapods that are known or are expected to occur in Collier County. Stone

crab, a Decapod, is of high economic value to the local economy. In 1980,

1,483,910 pounds of stone crab claws valued at 2,167,736 dollars were landed

in Collier County (DNR, 1980). Many of these crabs are harvested from the

Cape Romano-Ten Thousand Islands Aquatic-Preserve.

Pink shrimp (Penaeus duorarum) utilize the mangrove, salt marsh and seagrass

areas of the aquatic preserves as nursery grounds and are harvested in large

quantities offshore. In 1980, 4,206,464 pounds of shrimp valued at 8,520,804

dollars were landed in Lee County (DNR, 1980).

Arboreal decapods such as the mangrove tree crab (Aratus pisonii), and brown

mangrove crab (Sesarma duracaoense) seek shelter and food in the mangrove

canopy.

Echinodermata

Echinodermata is an entirely marine group of invertebrates. They include the

starfish, brittle stars, sea urchins, sand dollars, and sea cucumbers.

Starfish and sand dollars prefer sandy substrates and are found alQng the Gulf

beaches and near the passes of the preserves. Brittle stars are found in the

intertidal and subtidal areas and are more common in muddy substrates (Donna

Devlin, Collier County, pers. comm.). At least two species of sea urchins,

three species of sand dollars, two species of starfish, and several

brittlestars and sea cucumbers are found in the liVe bottom communities in

association with the seagrasse-s..

2. -Marine and Estuarine Fishes

A species list of the marine and estuarine fishes associated with mangrove

based estuaries of south Florida has been compiled by Odum et al. (198?)

(Appendix E).. The relative abundance of mangrove associated fishes can be

attributed to two factors: 1) mangrove prop roots afford a protective habitat

which is particularly suitable for juvenile fish and ? mangrove leaf litter

is the basic energy source of the detritus-based food chain on which mary

fishes are dependant (Odum et al., 1.082).

In the brackish, shallow water portions.of the estuaries, the euryhaline

killifishes and livebearers often occur in high abundance. Representative

killifish include marsh killifish (Fundulus confluentus), Gulf killifish (F.
grandis), sheepshead minnow (Cyprinodon varieqatus), and-diamond killifish
(Adinia xenica'). Livebearers, as their name.implies, give birth to live young

after internal fertilization and include the mosquitofish (Gambusia affinis),

and sailfin molly (Poecilia latipi-nna).

Around the seagrass beds in Rookery Bay, pinfish (Lagodon rhomboides) were the

most abundant fish taken in a 1975 study by Yokel. Silver jenny (Eu cinostomus
gula), spotfin moJarra (E. argenteus), pigfish (Orthropristis chrysoptera),
silver perch (Bairdiella chrysura), and lane snapper (Lutjanus chrysoptera),

were also found over seagrass beds (Yokel, 1975).

The open water estuarine communities are compo sed of benthic fish and mid and
upper water column fishes (Drew and Schomer, 10,84). Dominant benthic species

are similar in composition to the seagrass fish community and include pinfish,

silver jenny, spotfin mojarra, pigfish, and silver perch. Of the mid and

surface water species, bay anchovy (Anchoa mitchillil, striped anchovy (A.

hepsetus), and menhaden (Brevoortia smithi) are characteristic fishes.

A majority of the exploited fisheries in Florida are linked to the estuarine

environment (Lindall, 1981). It has been estimated that by weight 97.5% of

the commercial fishery resources in the Gulf of Mexico and over 90pi" of the

recreational species in the United States depend upon estuaries during part or

all of their life cycle (Comp, 1985). In Florida, at least 721% of the 89

commercial species of finfish and shellfish and 74% of the recreational

species are estuarine dependant (Durako et al., 1985).

In addition to the common snook (C entropomus undecimalis), a species of

:special concern, the redfish or red drum (Sciaenops ocellata) also occurs

within the preserves. Current regulations for the taking of these species

will be made available to the general public through the preserve staff.

Updated regulations will be obtained through the local marine patrol office

and staff will become familiar with the most recent versions.

Other species of commercial and recreational importance include black drum

(Pogonias cromis), Oulf flounder (Paralichthys albiquttata), fantail mullet
(Mugil trichodon), striped mullet (11. cephalus), spotted seatrout (Cynoscion
nebulosus), sheepshead (Archosargus probatocephalus') and Tarpon (flegalops

atlantica).

3. Amphibians and Peptiles.

tnformation on the amphibians and reptiles of southwest Florida is scarce.
Deuver et al., (19P2) lists 64 species of reptiles found in the Big Cypress

watershed. Thirty-three species, all reptiles, frequent coastal and brackish
water habitats (Appendix E). Amphibians are excluded because they cannot

tolerate the high saline environment of the aquatic preserves.

Of the 32 species of reptiles that inhabit the estuaries or use the areas as

corridors, only five species live exclusively in coastal habitats:

diamondback terrapin (Malaclemys terrapin macrospilta); loggerhead sea turtle
(Caretta caretta caretta); green sea turtle (Chelonia mydas mydas); Atlantic
ridley (Lepido chelys kempii); and the American crocodile (.Crocodylus acutus).

Of the remaining 25 reptilian species that frequent the estuaries, 20 species

are snakes (suborder Serpentes). Snakes which commonly use coastal habi.tats

include: manorove water snake (Nerodia fasciata compressicuda); south Florida

black swamp snake (Seminatrix pygaea); eastern hognose snake (Heterodon

nasicus); southern black racer (Coluber constrictor priapus); Everglades racer

(C. constrictor paludicola); eastern indigo snake (Drymarchron corais); corn
snake (Elaphe guttata); yellow rat snake (E. obsoleta quadrivittata); . I
Everglades rat snake (E. obsoleta rossalleni); Florida kingsnake (Lampropeltis

getulus floridana); scarlet kingsnake (L. triangulum elapsoiqes); eastern

diamondback rattlesnake (Crotalus adamanteus@; and eastern *coral snake

(Micrurus fulvius).

Five species of lizards: the common anole (Anolis carol4nensis)
Florida
scrub lizard @Sceloporus woodi), ground skink (Scincella lateralis); slender

glass lizard (Ophisaurus attenuatus); and the southeastern five-lined skink

(Eumeces inexpectatus) are commonly associated with the mangrove forested

areas of the preserves.

Two members of the order Crocodylia, the American alligator (Alligator

mississippiensis) and the American crocodile are occasionally found in the

aquatic preserves. The alligator is present throughout the southeastern

United States and is only incidentally found in the aquatic preserves when

heavv rains decrease the salinity in the upper reaches of the estuaries.

However, the crocodile is extremely dependent on estuarine mangrove areas and

historically its distribution has been centered in the mangrove forested areas

of the Florida Keys and the mangrove shorelines of Florida and Whitewater Bays

(Kushlan 1980). American crocodiles hav e been spotted in Collier County. Tn

the early 1970's crocodiles were identified in the vicinity of Bathey canals

by'a research assistant at TCVs Norris Marine Lab. As recently as 1984, a

crocodile was sighted at Collier-Seminole State Park (Benny @dfoodham, DNR,

pers. comm.).

4. Birds

Birds in the aquatic preserves have been grouped into categories based on

similarities in habitat preference or method of food gathering. These

categories are the wading birds, shorebirds, floating and diving waterbirds,

aerial' searching birds, birds of prey and arboreal birds.

Wading Birds

The wading birds are the most conspicuous birds found in the aquatic

preserves. Fifteen species of wading birds are commonly found in the

estuaries (Appendix E) (Ted Below,.Mational Audubon Society, pe rs. comm.)

Common species include Great Egret (Egretta alba), Snowy Egret (Egretta
thula), Cattle Egret (BUbulcus ibis), Great Blue Heron (Ardea herodias),

Tricolor Heron (Hydranassa tricolor), Little Blue Heron (Florida caerulea),

Black-crowned Night Heron (Nycticorax nycticorax), Yellow-crowned Might Heron

(Nyctanassa violacea) and White This (Eudocimus albus).

VJading birds utilize the estuaries of the aquatic preserves for three

purposes. First, estuaries are used as feeding grounds. Although some of.the

birds feed in the freshwater ponds and marshes located upland of the

preserves, all use the estuarine areas to feed during certain times of the

year. During the rainy and dry seasons, the water levels in the freshwater

ponds and marshes become to o high or too lo%q to accommodate w.ading birds.

Consequently, they disperse into the estuaries to feed in the grassbeds,

mudflats, and mangrove swamps.

Second, wading birds use the mancrove islands as roosting areas. Every

evening at sundown, thousands of wading birds Illy into the estuarine areas to

roost on mangrove tree islands, regardless of whether they are feeding in the

freshwater swamps or in the estuaries. The mangrove islands provide the birds

with a safe area isolated from terrestrial predators. The primary roosting

site in the area is a group of islands called ABC islands in the Big Marco
River. 'Presently, over 5,500 birds may use these islands for overnight

roosting. A smaller roosting area is Bird Island in Rookery Bay where 1,500

birds roost (Ted Below, National Audubon Society, pers. comm.)

Third, wading birds use mangrove islands as breeding sites. Tricolor Herons,

Little Blue Herons, Great Egrets, Snowy Egrets, and Cattle Egrets nest in both

the ABC Islands and on Bird Island as well as a few smaller islands in the

preserves.

Shorebirds

Shorebirds are commonly found in the intertidal and shallow water habitats of

the preserves (Appendix E). Many of these birds are either winter residents

or migrants and consequently their abundance is generally greater during the

winter season.

Shorebirds feed by probing the substrate for invertebrates. Probing

shorebirds are opportunistic feeders, taking primarily whatever mollusks,

crustaceans, or insects are available in the surface sediments, flotsam and

jetsam. Common probing shorebirds include Black-bellied Plover (Pluvialis

squatarola), Semipalmated Plover (CharadriUS semipalmatus), American

Oystercatcher (Haeratopus palliatus), Willet (Catoptrophus semipalmatus),

Marbled Godwit (Limosa fedoa), Ruddy Turnstone (Arenaria interpres), Red Knot
(Calidris canustus), Sanderling (C. alba), Semipalmated Sandpiper (C.

pusilla), Western Sandpiper (C. mauri), Least Sandpiper (C. minutilla), Dunlin

(C. alpina), and Shortbilled Dowitcher (Limnodromus griseus) (Ted Below,

National Audubon Society, pers. comm.)

Floating and Diving Water Birds

Twenty-eight species of floating and diving water birds including ducks,

grebes, loons, cormorants, pelicans, and gallinules have been identified as

inhabiting the estuarine areas of south Florida (Odum et al., 1982). Only

eight of the species are year round residents with the remainder being winter

visitors or present only during migrations. There has been a decline in

recent years in the number of wintering waterf owl in the estuarine areas of
the preserves (Ted Below, National Audubon Society, pers. comm.),

Floating and diving birds are either piscivorous or omnivorous, feeding on

benthic invertebrates, seagrasses and algae. Picivorous birds include Common

Loon (Gavis immer), White Pelican (Pelecanus erthrorhynchos), Double-crested

Cormorant (Phalacrocorax auritus), Anhinga (Anhinga anhinga), and Red-breasted

Merganser (Mergus serrator).

The most common omnivorous floating or diving bird is the Blue-winged Teal

(Anas discors).

Aerial Searching girds

Sixteen species of aerial searching birds frequent south Florida estuaries.
Of the 16, only 5 are common year round: Brown Pelican (Pelecanus

occidentalis); Laughing Gull (Larus atricilla); Black Skimmer (Rynchops

nigra), Belted Kingfisher (Medaceiryle alcyon), and Fish Crow (Corvus
ossifragus). The Least Tern (Sterna.albifrons) is a summer visitor and

breeder while seven others are winter visitors or transients.

Ten of the aerial searching birds are piscivorous and the remaining five are

omnivorous feeding on fish and invertebrates. With the exception of the Brown

Pelican, Belted Kingfisher, and Fish Crow, the aerial searching birds fleed and

rest along the Gulf beaches. Of particular significance in the aquatic

preserve, the Least Tern nests on emergent sandbars in Caxambas Pass.

The Brown Pelican roosts and nests on estuarine mangrove islands. The major

nesting site is the ABC Islands in Big Marco River.

Birds of Prey

Nineteen species of birds of prey (hawks, falcons, vul tures and owls) fre quent

the estuaries of south Florida. Birds of prey consume snakes, lizards, small

birds, waterfowl, fishe.s and carrion (Odum et al. 1982).

Of the 19 species of birds of prey, only the Turkey Vulture (Cathartes aura),
Black Vulture (Coragyps atatus), Red-shouldered Hawk (Buteo lineatus), Bald
Eagle (Haliaeetus leucocephalus), and Osprey (Pandion haliaetus) are common

year-round residents. The Swallow-tailed Kite (Elanoides forficatus) is a

common surimer visitor and breeder and the American Kestrel is a common winter

visitor.

In the aquatic preserves, the Bald Eagle and Osprey are the most conspicuous

birds of prey. Both feed extensively on fishes in the estuarine area. The

Osprey is an efficient piscivor, searching out and grasping prey fish from the

water's surface with its feet. The Bald Eacle feeds in a similar manner as

the Osprey, but often will steal fish from Ospreys. Ospreys have several

nests in both aquatic preserves and have successfully maintained nests atop

channel markers in the Intercoastal Waterway.

Arboreal Birds

Of all the birds in the aquatic preserves, arboreal birds have the greatest

species diversity with 71 species present. As the name implies, arboreal

birds utilize mangrove canopies for feeding and perching. Many birds also use

mangrove trunks and prop roots for feeding sites. Most arboreal birds feed on

invertebrates, primarily insects.

The Yellow Warbler (Dendroica petechia), Mockingbird (Mimus pol yglottos),

Yellowthroat (Geothlypis trichas), Red-winged Blackbird (Agelaius phoeniceus),

and Rufous-si.ded Towhee (Pipilo erythrophthalmus) are the only common

year-round residents. Fourteen species are uncommon year-round residents.

Twenty-seven species are winter visitors, six are summer visitors, and 14

transient during annual migrations.

5. Mammals

Two species of marine mammals and 19 species of land mammals are found in the
south Florida coastal regions (Appendix E) (Odum et al. 1982). Eight species

of mammals are common in the coastal areas of south Florida: Virginia.opossum
(Didelphis virginiana.), marsh rabbit (Sylvilagus palustris), cotton rat
(Sigmodon hispidus), raccoon (Procyon lotor), striped skunk (flephitis
mephitis), Bobcat (Felis rufus) white-tailed deer (Odocolilleus virginianus),
(nine-banded armadillo (Dasypus novemcinctus) and black rat (Rattus rattus).

Although extremely rare, sightings of Florida panther (Felis concolor) have

been reported in the Rookery Bay Aquatic Preserve. As recent as February

1987, a panther sighting was confirmed in the Rookery Bay National Estuarine
Research Reserve. Only 50 to 60 i'ndividuals remain in the wild. Th'ese

animals are extremely territorial and may range 125 miles.

Bottle-nose dolphin (Tursiops truncatus) and the West Indian manatee

(Trichechus manatus) are the two sp ecies of marine mammals found in the
aquatic preserves. During the fiall and spring, manatees use t'he Rookery Bay

Aquatic Preserve.as a migratory path. Manatees winter in the Cape Rornano-Ten

Thousand Is'ands Aquatic Preserve. During the summer months, manatees

disperse t-hroughout the west coast of Florida and may migrate great distances.

Aerial surveys for manatees, performed by the United States Fish and Wildlife

Service (1979), demonstrated that the Ten Thousand Islands region is a center

of abundance for southwest Florida. During the 1979 study, 41 manatees were

sighted in the Ten Thousand Islands in July; 52 in September; 60 in October;

and 49 in December.

The West.Indian manatee is classified as threatened and is protected at the

federal level by the Marine Mammal Protection Act of 197? and the Endangered

Species act of 1973, as amended.-

6. Endangered Species

The Florida Game and Freshwater Fish Commission compiles the official list of

endangered flora and fauna in Florida. Table 1 lists endangered, threatened,

and species of special concern which may be found in the preserves. For

management of designated plant species in the aquatic preserve, the Florida

Department of Agriculture and Consumer Services (list published in

Preservation of Native Flora'of Florida Act, Section 581.185-187, Florida

Statutes), is the primary reference source. For management of designated

animal species in the aquatic preserve, the Florida Game and Frdsh Water Fish

Commission Oist published in 39-27.03-05, Florida Administrative Code) is the

primary reference source.

Table 1. Designated species known to occur in or near the Rookery Bay and
Cape Romano-Ten Thousand Islands Aquatic Preserves.

Scientific Name Common Name Status
2 3 4
FGFWFC FDA USFWS
Plants

Acrostichum aureum Golden leather -Fern E
A. danaeifolium Giant leather fern T
Chrysophyllum olivqaeforme Satin leaf E
Gossypium hirsutum Wild cotton E
Hmenocallis lalifolia Broad-leaved spider lily UP5
Tillandsia flexuosa Twisted air plant T
T. pruinosa Fuzzy-wuzzy air plant E

Invertebrates

Liguus fasciatus Florida tree snail SSC

Fish

Centropomus undecimalis Common snook SSC
Fundulus jenkinsi Saltmarsh topminnow SSC
Rivulus marmortus Rivulus SSC

Amphibians and Reptiles

Alligator mississippiensis American alligator SSC T(S/A)
Caretta caretta caretta Atlantic loggerhead T T
Chelonia mydas mydas Atlantic green turtle F E
Crocodylus acutus American crocodile E E
Drymarchon corais couperii Eastern indigo snake T T
Gopherus polqyphemus Gopher tortoise SSC UP2
Lepidochelys kempi Atlantic ridley E E

Birds

Ajaia ajaia Roseate spoonbill SSC
Aramus guarauna Limpkin SSC
Charadrius alexandrinus Snowy plover T UR2
tenuirostris
C. melodus Piping plover T T
Columba leucocephal White-crowned pigeon T URq'
Egretta caerulea Little blue heron SSC
E. rufescens Reddish egret SSC UR2
E. thula Snowy egret SSC
E. tricolor Tricolor heron SSC
Falco sparverius paulus Southeastern kestrel T HR2

Table 1~'~q(continued) ... Designated species known to occur in or near the
Rookery Bay and Cape Romano-Ten Thousand islands A~qcuatic Preserve.

~q1
Scientific Name Common Name Status
3 4
FGF~q1~q4~qFC FDA ~qI~q!~qSFWS

Haematopus p~qallia~:~8qF~qts Am. oystercatcher ~qSSC
Ha~qliaeetus le~qucocephalus Bald eagle T E
~2q@er~qia americana Wood stork E F
Pe~qlecanus occidentalis Brown pelican ~qS~qS~qC
Sterna a~8qFt~-1~8q7~2q7a~q-r~qum Least tern T

Mammals

Felis concolor cor~qy~ql Florida panther E E
Sc~qiurus niger avicennia ~qMangrove.fox T UR2
squirrel
~ir~qichechus manatus ~q1~-~-~qlest Indian manatee ~qF ~qE
latirostris
Ursus americanus floridanus Florida black bear T ~qUP2

E = Endangered
T = Threatened.
T~q(S/A) = Threatened Due to Similarity o~-F Appearance
SSC = Species of Special Concern
~qUR~'~? = Under rev~4~qew for '~qaderal listing, but ~qsubstantial~-ev~qi~qdence of
biological vulnerability and/or threat is lacking.
~qUR5 = Still formally under review for listing, but no lo~qnger~*considered
for listing because recent information indicates species is more
widespread than previously believed.

Florida Game and Freshwater Fish Commission (list published in
3 Section 39-27.003~-005, F.A.C.)
Florida Department of Agriculture and Consumer Services (list published
in Preservation of Native Flora of Florida Act,
4 Section 581.1~q8~q5-187, F.S.)
United States Fish and Wildlife Service (list published in List of
Endangered and Threatened Wildlife and Plants, 50 CRF 17.~4q11-12).

Chapter V

RESOURCE MANAGEMENT

A. Introduction

The main objective of the resource management plan is to protect the resources

of the aquatic preserves for the benefit of future generations (Section

2452.35, F.S.). The management of the preserves will be directed toward the

maintenance of existing or essentially natural conditions and toward the

restoration of degraded areas.

On-site management will be conducted by Bureau of Aquatic Preserves personnel

assigned to the pres erves. Administrative management of the preserves will

involve Division of State Lands personnel (both in the field and.in
Talla'hassee) cooperating in the review of applications for use cf state-owned

lands and related activities around the preserves.

B. On-Site Management Activities

This section outlines activities which will be carrie:d out by field personnel

that are designed to properly protect and manage the plant communities, animal

life, geologic features, archaeological and historic sites, and water

resources of aquatic preserves. Additionally, management policies and

activities regarding management of cumulative impacts and encroachments are

detailed.

Chapter V! details-the mechanisms by which many of these ob.iectives can be met

through interagency coordination and active interaction with other governrnent

and non-government entities. Other management strategies with respect to

public uses, environmental education, and research are outlined in Chapter VT

through VIII.

1. Plant Communities

Aquatic, wetland, and coastal strand plant communities perform five ma,ior

functions vital to thd stability and productivity o-F the aquatic preserves:

a. they stabilize geologic features such as beaches from the erosion and

deposition forces of currents, tides, winds and waves.

b. they produce, from recycled nutrients and solar energy, the organic

material that is the basis of the estuarine food web which supports

fisheries, endangered species, migratory waterfowl, colonial

waterbird nesting colonies, raptors, marine mammals, and marine and

estuarine invertebrates;

c. they provide protective habitat for spawning and juvenile fishes,

many of which are of economic importance to the commercial and

recreational fisheries of the state and the nation;

d. they provide roosting and nesting habitat for birds; and

e. they physically buffer estuarine waters from contaminated and

channelized runoff from uplands within the estuarine watershed, and

certain wetland vegetation uptakes excess nutrients in the water

column.

The management obJective for the plant cornmunit is to maintain and enhance
y

these vital functions. Due to the extreme importance of the plant

communities, programs to protect the existing flora and restore damaged or

destroyed communities will be developed.

Management Practices

a. Field Familiarization and Documentation. The location and occurrence of

plant species and communities in the aquatic preserves will be documented. A

complete species list will be compiled and continuously updated during.routine

patrols and field inspections. Detailed vegetation maps have been developed

and will be updated bi-yearly.

b.- Literature Familiarization. A working library of existing pertinent

literature concerni'ng the species and communities present in the preserves

will be assembled and updated. Staff will become familiar with the ranges,

life histories, ecological requirements , and productivity of the plant
communi-ties within the aquatic preserves.

c. Preparation of Guidelines for Management of Endangered Species. With the

help of the scientific community, personal field observations and literature
review, maps (using 7.5 minute quadrangles@ showing the locations of

threatened and endangered plant species within the aquatic preserves will be

developed. A set of management guidelines for each species outlining the

habitat requirements and the methods to sustain and restore these habitats

will be developed.

In the course of documentina the occurrence of threatened and endangered
animals, maps depicting locations and types of plant communities used by these

animals for nesting, roosting, feeding, resting, and spawning will be

developed. Guidelines for maintaining or restoring "critical habitat"

required by each species will then be developed using all appropriate

scientific resources available.

d. Monitoring of Plant Communities for Natural Chan-aes. Aerial photography,

LAMDSAT imagery and ground truthing will be utilized to study and monitor

plant communities (historical and present) and document natural changes such

as:

1. freeze damage to, and recovery of, mangrove communities;

2. wind and wave damage to.mangrove communities from storms and

hurricanes;
3. accretion'-related seaward extension of ma-ngrove communities;

4. erosion-related landward retraction of mangrove communities;

5. depositional burying of marine grassbeds communities;

6. invasions of exotic plant species and revegetation by native species

after exotic plant removal projects; and

7. pathogenic and parasitic damage to and recovery of plant communities.

e. Identification of Areas and C ommunities in Need of Restoration. In

conjunction with resource mapping, systematic surveys of the aquatic preserves

will be conducted to determine the location, nature, and extent of

environmental damages from human activities and assess the possibility of

restoring each site. Consideration for restoration is based on whether tile

site is publicly or privately owned, the cost and effort required.

f. Protection of Plant Communities. Plant communities will be protected from*

the various uses within the aquatic preserve under the following guidelines.

1. Applications for uses of state-owned submerged lands in the preserve,

which appear to significantly jeopardize plant life or plant

communities, will be scrutinized by staff to ensure compliance with

management policies and applicable laws. All indigenous plant life

will be protected to the greatest extent allowable by law in keeping

with the general intent of the Florida Aquatic Preserves Act.

i. Trimming of mangroves within aquatic preserves is pErmitted as

provided by rule.

ii.. Marine grasses and other benthic vegetative communities (RPAs I

and 2) will be given the highes t emphasis for protection. Any

activities.that would result in the removal, shading or

elimination of a vegetative benthic community to such ail extent

as to cause the destruction of a significant area of the

community shall be governed by the provisions of rule 18-20,

F.A.C.

iii. Minor dredging for minimal access channels and maintenance

dredging pursuant to Section 258.42, F.S., and activities which
are part of.a comprehensive resource management program for the
preserve are governed by the provisions of Chapter 18-20, F.A.C.

2. Field personnel shall review applications for uses of submerged lands

within the aquatic preserves by the Bureau of Aquatic Preserves

central office. Applications within any Resource Protection Areas 1
and 2 (see section C of this chapter) may require field review. The

field personnel will inspect the site, assess the potential impact to

the plant communities, and then make their recommendations to the

central office as required.

3. Education programs will be developed which are designed to increase

public awareness of thedamage that recreational, private and

commercial uses (i.e. propeller damage) can inflict on marine

grassbed communities. Educational programs will also be undertaken

in conjunction with other federal, state or local groups (i.e.

Florida Sea Grant and school boards, etc.),

4. After monitoring the rate and extent of invasion by exotic species,

such as Brazilian pepper, Australian pine, and melaleuca, an exotic

plant control and removal plan will be implemented.

5. In cooperation with the Southwest Florida Regional Pla. nning Council,

the potential impacts of oil spills or natural catastrophes on the

natural resources of preserves will be determined.

g. Restoration of Plant Communities. Guidelines will be developed for

restoring damaged marine grassbeds in the aquatic preserves where it is

determined that artificial restoration is the appropriate method.

Consultation with professionals in the wetlands restoration/vegetation field

will be conducted to determine the location of stock sources of marine grasses

outside the aquatic preserves boundaries and the advisability of transplanting

marine grasses into the preserve to restore damaged grassbeds. The use of

marine grassbeds within the aquatic preserves as a stock source for

transplanting and restoring is discouraged due to the risk of a net loss to

the overall community. Research pro'Jects which avoid long-term placement of

structures or would not cause significant habitat loss, and are designed to

foster habitat rehabilitation and improvements shall be submitted by the

Division of Marine Resources to the Bureau of Aquatic Preserves for its review

and approval prior to initiation. This review shall include a statement of

compatibility with statutes and rules gcverning aquatic preserves.

Mangrove communities will be sought within the aquatic preserves where there

is a high density of mangrove seedlings which could serve as nursery stock for

transplanting to restoration sites. Guidelines for restoring mangrove
com,munities within@the aquatic preserves will be developed after c'onsulting.

with professionals in the wetlands restoration field of study to find proven

procedures for transplanting and nurturing mangroves.

h. Identification of Research Needs. Research needs concerning plant

communities within the aquatic preserve will be identified. Spec ial emphasis

will be given to research that will provide data us eful for the management of

plant communities. Immediate research is needed to determine how plant

ccmmunities respond to environmental stress.

i. Coordination with Other Researchers. Research projects being conducted

within the aquatic preserves by state and federal agency biologists and

nongovernment researchers will be inventoried. Personnel will coordinate,

assist and encourage research projects by the faculty and student of education

institutes. Water quality research issues, because of the valuable

information they can provide for the management of plant communities, will

also beclosely followed. The research liaison will also be addressed in

Chapter IX.

2 . ANIMAL LUE

The richness of the animal life in the Rookery Bay and Cape Romano-Ten

Thousand Islands area was an impor tant factor in their designation as aquatic

preserves. The fish, shrimp, and crabs within aquatic preserves are valuable

resource's upon which recreational and commerc ial fisheries depend.

Large areas of undisturbed wetlands are excellent habitat for many t@ypes of

wildlife. This wildlife includes an extensive list of endangered, threatened

and species of special concern, migratory waterfowl, colonial waterbirds,

invertebrates and vertebrates.

Management objectives for the fauna within the aquatic preserves will be

focused on the protection, through preservation or restoration, of habitats

within the preserves.

Management Activity

a. Field Familiarization and Documentation. MaJor animal species in each

habitat in the aquatic preserves will be documented. This identification

process will include the location, number, season of sighting, weather

conditions and any other factors which may be necessary to build a working

knowledoe of the species and their occurrence in the aquatic preserves.

Species lists will be continuously updated during routin e patrols, field

inspections, and educational field trips.

b. Literature Familiarization. A working library of existing pertinent

literature concerning the animal species and communities present in the

aquatic preserves will be assembled. Staff will become familiar with ranges,

life histories, environmental requirements, ecologic niches, habitats, and

other factors necessary for sound management.

C. Preparation of Guidelines for Management of Designated Species.

Guidelines of the Florida Game and Fresh Water Fish Commission, U.S. Fish and

Wildlife Service, Department of Natural Resources' Division of Marine

Resources, National Marine Fisheries Service, Marine Fisheries Commission, and

any other applicable agencies and non-governmental organization involved in

the management of endangered or threatened species, or species of speci al

concern will be used to develop management guidelines for each designated

species.

In the course of documenting the occurrence of threatened and endangered

animals, maps showing the locations and types of plant communities used by

these animals for nestinq '. roosting,.feeding, resting, and spawning will be
developed. Literature and personal observations will then be used to develop
guidelines for maintaining (or restoring if necessary) the "critical habitat"

required by each species.

d. Manatee Management. When the proposed activity in an application for the
use of submerged lands within the aquatic preserves may affect a manatee

sanctuary, critical manatee habitat, or manatees known to use an area (see

Chapter TV), the State Manatee Coordinator will be notified. These

ap plications or activities require the Coordinator's authorization and

approval before they can be recommended by Bureau of Aquatic Preserves. Field

personnel will also work with the Coordinator in the following activities:

i. Monitoring the preserve for manatee activity and maintaining manatee

sighting map. This mapping will take special note of large seasonal

aggregations. A manatee reporting and data collection system will

be established utilizing other governmental personnel and private

individuals where possible.

ii. Tdentify and map shallow water and narrow areas where manatee

boat/barge collisions are likely to occur.

iii. Identify any other areas for additional manatee sanctuaries, special

channel marking, and slow speed zones.

iv. Application for use of submerged lands will be reviewed for.'design.

and operation that are least dangerous and disruptive to manatees.

Uses of submerged lands within manatee areas require manatee caution

signs and any other designated items or procedures that may improve

manatee safety.

v. Assist local governments in the incorporation of manatee issues into

their marina siting plans.

vi. Schedu le and monitor activities within manatee use areas during

seasons of lowest use.

vii. Assist in public awareness education efforts for manatee protection.

e. Monitorinq Changes in Animal Populations. Changes in animal species that

are caused by natural phenomena such as freezes, storms and hurricanes,

changes in habitat due to changes in plant community composition, changes in

habitat due to water quality changes, geologic- and hydrologic changes

including erosion, estuarine current flow changes, and any other physical

changes will be monitored.

f. Protection of Animal Life from Human Use of the Aquatic Preserves. The
protection -of'ani mal spe'cies shall be considered when reviewing applications

for submerged land use in or affecting the preserves. The reviewer shall also

consider the potential effects of the proposed use on plant communities that

function as habitat for animal life. Disturbances that alter or hinder the

natural functions of the animal species living wit'hin the preserves (e.g. air
pollution, excessive no ise or bright lights affecting a bird rookery), shall

also be a nalyzed and concerns addressed in the permitting process. Field

personnel will be notified of any proposed activities (e.g., seismic testing,

mammal capture by permit) within the aquatic preserves that may affect the

well-being of animal life. Field personnel shall be involved in the planning

of these activities to limit stress on animal life.

Identification of Research Needs. Research information needed to improve

the management of animal life in the aquatic preserves will be identified.

This identification process is more fully described in Chapter X (Identified

Program Needs).

3. GEOLOGICAL FEATURES

The management of geological features requires a working knowledge of the

preserve's geologic features and natural processes and man-induced activities

that alter them. This knowledge wil-1 strengthen the review process for

applications requesting the use of state-owned lands because the proposed
use(s) may affect geologic features such as inlets, islands, shoals,

shorelines, embayments, and channels. The objective for the management of

these features is to allow the naturally dynamic system to operate without

man's influence or interference. Active management includes the review of

proposed uses that may affect the geologic features within the aquatic

preserves. Historically, the majority of these reviews have been concerned

with bulkheads, revetments, groins, dredge and fill, bridges and channels to

determine their probable affects on state-owned lands.

Bulkheads are not allowed within the preserves, except as stated in Section

258.42(2) and 258.44 F.S. and in accordance with the management objectives of

the preserves. Bulkheads placed upland of the aquatic preserves shall be

constructed following the natural contour of the shore. Drainage patterns

will be maintained or shall only be minimally altered. The use of rip-rap

with mangroves or other suitable native plantings is preferable to bulkheads.

Every effort will be made to educate the public about the economic and

environmental advantages of vegetated shorelines.

Existing bridges and causeways throughout the state have resulted in losses of

grassbeds, mangroves and the degradation of the water quality. Causeways

restrict natural flushing and create unnatural circulation. Proposals for the

construction of bridges and causeways within the preserves will be reviewed

considering these potential impacts.

Proposed maintenance dredging of existing channels will be carefully reviewed

and recommendations to remove conditions that require perennial maintenance

and chronic environmental disturbances will be made. Channel dredging has

adversely impacted waterways, with varying.influences, depending on channel

location and water circulation.

Project proposals that impact the aquatic preserves and are submitted to other

agencies (such as the U.S. Army Corps of Engineers, Department of

Environmental Regulation, the Department of Transportation, South Florida

Water Management District or the Collier County Natural Resources Management

Department), shall be formally reviewed jointly with those agencies' personnel

whenever possible.

4. ARCHAEOLOGICAL AND HISTORICAL SITES

Archaeological and historical sites have several characteristics which must be

recognized in a resource management program.

i. They are a finite and non-renewable resource.

ii. Each site is unique because individually it represents the tangible

remains of events which occurred at a specific time and place.

iii. While these sites uniquely reflect localized events, these events and

the origin of particular sites are related to conditions and events

in other times and places;- They also preserve traces of past biotic

communi.ties, climate, and other elements of the environment that are

of interest to both the scientific community and the general public.

iv. These sites, particularly archaeological sites, are very fragile

because their significance is derived not only from the individual

artifacts within them, but also, from the spatial arrangement of

those artifacts in both horizontal and vertical planes.

Administering Agency

The management of the archaeological and historical sites is authorized and

administered bv the Division of Historical Resources (OHR) in the Florida

Department of State. DHR's management authority is presented in Chapter TI

fmanagement Authority).

Management Policy

The management policy presented here is one of conservation, as recommended by
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the DHR and subject to the agency's changes. Their.policy is as follows:

I. The field personnel and all other agencies planning activities within

the aquatic preserves shall coordinate closely with ONR in order to

prevent any unauthorized disturbance of archaeological and historical

sites. DHR is vested with the title to archaeological and historical

resources abandoned on state lands and is responsible for the

administration and protection of such-resources (subsection

267.061(l)(b)., F.S.) It is illegal to destroy or otherwise alter

sites on state lands without a permit from DHR (Section 267.13, F.S.)

Therefore, agencies planning activities are required to coordinate

their plans with DHR at a sufficiently early stage to preclude

inadvertent damage or destruction to these resources.

The fragile nature of these sites and their vulnerability to other

destructive forces has resulted in the inclusion in plans of only

generalized information on the location of these sites, except where

they may be adequately protected and interpreted for the public. In

many instances DHR will have knowledge of site distribution in an

area. Speci-al field surveys for unknown areas may be required by DHR

to identify potential endangerment of a proposed activity to

archaeological and historical sites. This is necessary in the case of

activities which contemplate ground disturbance over large areas.

@3. Activities that are expected to change or damage known sites shall .1be

altered as necessary to protect such sites prior to mitigation

planning.

4. In the event that management dCtiVities or the permitting of

dredge/fill activities are determined to be da maging to historical or

archaeological sites, DHR reserves the right to require that salvage

measures mitigate the destructive impact of such activities on such

sites (subsection 267.061 (1)(b), F.S.) Such salvage measures shall

be accomplished before DHR grants permission*for site destruction.

5. Excavation of archaeological sites in the near future is discouraged.

Archeological sites.within the aquatic preserves should be left

undisturbed for the present, with particular attention devoted to

preventing site looting by "treasure hunters."

6. Field personnel will note suspected sites for future surveys by DHR.

Coo.peration with other agencies in this activity is also encouraged

by DHR. The DHR informs field personnel about the characteristics

and appearance of these sites.

7. Any discovery of looting or unauthorized destruction of these sites

will be reported to the DHR so that appropriate action may be

initiated. The Florida Marine Patrol and enforcement personnel of

DNR shall provide enforcement assistance to DHR and make arrests or

investigate cases of looting or othe"r unauthorized destruction of

archaeological sites. The field personnel will follow the above

management policy and become familiar with the personnel involved

with this task in DHR and their procedures for identifying suspected

sites.

5. WATER RESOURCES

Responsible management of water resources designed to ensure human health

allow recreational enjoyment, and protect and enhance the flora and fauna of

the preserve is the most critical aspect of aquatic preserve management.

Management Activities. The successful management of water resources of the

aquatic preserves depends heavily on other government agencies (i.e., DER and

the South Florida Water Management District) charged with regulating water

quality and quantity. Water resource management shall have as its major

objective the maintenance of water quality and the natural seasonal

fluctuations of freshwater into the estuary.

Through cooperation with the Rookery Pay National Estuarine Research Peserve,

an extensive water quality monitoring program has been ititiated in both

aquatic preserves. Additional water resource data are available from

governmental and non-governmental agencies including colleges, universities,

scientific foundations, and private consultants working in Collier County.

a. Familiarization with the Jurisdiction, Personnel and Monitoring Programs

of Government Agencies and Other Entities. The jurisdictions, personnel, and
monitoring programs of other agencies, institut.io ns, and corporations involved

in studying, monitoring, regulating and managing water resources within the

aquatic preserves and their watersheds will be inventoried. In addition, the

aquatic preserve staff may investiaate the desirability of designating any

waters adjacent to the preserve as Outstanding Florida @-,!aters (OFW). As

appropriate, a request will be made for OFIV designation to the FDFP with the

information needed to support affirmative action by the Environmental

Regulation Commission.

b. Monitor Water Quality Data Collection. The aquatic preserve staff will

continue to monitor water quality within the preserves in cooperation with [email protected]

Rookery Bay National Estuarine Research Reserve.

Coordination among agencies in the planning of monitoring programs and in

evaluating monitoring data within the aquatic preserves will be promoted.

Data collected by other agencies, that are applicable to the aquatic

preserves, will be compiled and added to these programs.

c. Review of Lease Application for Aquatic Preserve.0ses and Watershed

Activities that Would Affect the Preserve Water Resources. Land lease

applications, Developments of Regional Impact; and DER/COE permit applications

will be reviewed for their potential impact on the water resources of the

aquatic preserves.

d. Identify and Monitor Potential Pollution Sources within the Watershed of

the Preserves and in the-Preserves Wlaters. A pollution source survey will he

conducted to document potential and actual pollution sources in the aquatic

preserves and their watersheds. Potential and actual pollution sources will

be monitored to determine if the water quality of the preserves is adversely

affected. This monitoring will be accomplished directly by field observations

and water quality monitoring and indirectly by review of other entities' water

resource data.

6. CUMULATIVE IMPACT ANALYSIS

Cumulative impacts are the sum total of major and minor chances in the natural

system. Taken singularly these effects may not constitute a notable change in

the condition of the natural system, but as they accumulate, their combined

impact may result in a substantive environmental disturbance or degradation of

the natural system.

The review of proposed uses in the aquatic preserves from the perspective of

cumulative impact analysis requires a thorough knowledge of the natural system

and the various interactions and dynamics within the system. This aquatic

preserve management program will initiate development of a cumulative impact

analysis program. The evaluation of cumulative impacts shall follow the

criteria from Section 18-20.006 F.A.C.

The availability of on-site preserve staff, who are familiar with the

distinctive characteristics of this system, coupled with ability to access

LANDSAT imagery and mapping, and other data sources, is the key to development

of a successful cumulative impact analysis program. As cumulative impacts are

identified for specific areas and resources, they will become an integral part

of the project analysis and decision-making processes.

7. MANAGEMENT OF ENCROACHMENTS

The management of encroachments in the preserves concerns the unauthorized

placement uf structures, unauthorized dredging and filling, or other illeqal

uses in the aquatic preserve. The encroachment may also include illegal

activities associated with an approved use (e.g., extension of a dock,

construction of,boat houses, extension of an approved channel). Fines may be

imposed for illegal encroachments on sovereignty submerged land s in aquatic

preserves. Procedures will follow.the provision of Chapter 18-14, F.A.C.,

"Administrative Fines For namaging State Lands and Products Thereof."

After field verifica tion of asuspected encroachment, the central office will

be notified to determine the holder to the property and research the

possibility that the use was an approved activity. A progressive system of

mapping and recording will be initiated to assist in the monitoring of the

preserves. Aerial surveys will be done to facilitate reconnaissance of

illegal activities and mapping.

The management action for verified illegal encroachments will be developed by
the agencies specifically involved (i.e. DNR, DER.). Field personnel will

assist, as necessary, with field evaluation or other support activities.

Final actions will be monitored at the direction of the Trustees. The

procedures followed in these applications will be decided on a case by case

basis.

C. RESOURCE MAPPING AND RESOURCE PROTECTTON AREAS

The preliminary description and location of resources within the area

.(approximately 59,600 acres of submerged land) required the use of remote

sensing techniques. This work has been done in conjunction with the Rookery

Bay National Estuarine Research Reserve and DNR's Marine Research Laboratory.

LANDSAT imagery, aerial photography, and ground truthina were used by staff of

the National Estuarine Research Reserve and the aquatic preserves to compile a

Resource Protection Area Map (RPA). This mapping identifies arid classifies

resources within the aquatic preserve that require protection by the

management program. The on-site manager supplemented the vegetation portion

of the mapping with the wildlife and fisheries information (endangered

species, bird rookeries, etc.) archaeological and historical site information

and other resource factors deemed crucial to the continued health and

viability of the aquatic preserves.

The RPA mapping system is based on three levels of resource classification.

The RPA 1 level contains resources of the highest quality. Uses proposed for

these areas receive the most rigorous review. The PPA 1 level includes one or

more of the following: marine grassbeds; live bottoms; mangrove swamps;

saltwater marshes; oyster bars; archaeological and historical sites (upland
and submerged)@, endangered species.habitats;'colonial waterbird nesting sites;

and, other appropriate factors.

The RPA 1. areas are defined as those areas containing the resources of RPA 1,

but they are in a transitional condition compared to RPA 1. These resources

may either be building toward RPA 1 status or declining to RPA 3 status. RPA

I status requires careful field review to determine the specific area's

sensitivity to each prop osed use. in some aspects, these areas may be more

sensitive to disturbances that RPA 1 areas. The resources of RPA ? areas

include: sparsely vegetated grassbeds; mangroves in scrub condition or

colonizing new lands; beaches undergoing natural or man-induced restoration;

saltwater marshes colonizing new lands; and other resources of RPA I types
'that fi.t RP-A 2 condition.

RPA 3 areas are characterized by the general absence of* the attributes of the

above two classes. PPA 3 areas may have small localized RPA I or 2 areas

within them. RPA 3 sites generally are submerged areas with no significant

vegetation or wildlife. Nearshore and bottom areas significantly mod ified by

man are designated RPA 3..

These RPA maps require periodic revisions as the on-site managers learn more

about the resource's reactions to manis uses. Scientific research and other

data additions may also necessitate modification of this classification

system. Natural changes will also require modification of this system.

Periodic checking by LANDSAT satellite imagery will become useful for remote

sensing monitor ing as its use is more fully developed.

The RPA maps are a planning tool for both on-site and central office staff.

It is recognized that mapping on this scale may not adequately define small

areas which do not qualify for the RPA class level assigned to a general area.

More detailed field reviews are required to supplement this information on a

case by case basis, as necessary.

D. ADMINISTRATIVE MANAGEMENT OBJECTIVES

This section addresses the role of the central office in the aquatic preserve

management planning and implementation processes. The central office's role

is generally interpreted within the context of coordinating activities with

the field personnel. This coordination is important to many program aspects,

including project review evaluation, local contact initiation, administrative

rule developmeht, contractual services and conflict resolution, and the

routine support (payroll, operating expenses, etc.) usually extended by the

central office to the on-site managers. All program activities identified

within this context are designed to protect and enhance-the envirunmental,

educational, scientific, and aesthetic qualities of the natural systems of t@e

aquatic preserve s.

1. Objectives

Specifically, the following adminis'trative objectives are an essential part of

the aquatic preserve management program:

a. to ensure a comprehensive, coordinated review and evaluation of

proposed activities potentially affecting the environmental integrity

of the aquatic preserves;

b. to serve as the link between aquatic preserve field personnel and

state agencies and programs which originate in Tallahassee;

c. to serve as the primary staff in the development of administrative

rule additions, deletions and revisions;

d. to serve as the administrative staff for contractual agreements and

services;

e. to establish and maintain a conflict resolution process.

f. to review all existing and past activities to determine their affect

on the environmental integrity of the aquatic preserves.

2. Project Review and Evaluation

A major element in the administrat ion of an aquatic preserve management system

is the establishment of a thorough process to review projects proposed in

aquatic pre serves. I t is the intent of the pro gram that all proposed
activities within an aquatic preserve be assessed with detail and expedience,

utilizing staff from the Bureau of Aquatic Preserves and the Bureau of State

Lands Management. Sections 11-58.42 thru 258.44, F.S., and Chapters 18-20 and

18-21, F.A.C., establish the context within which all proposed uses of aquatic

preserves must be evaluated.

To enhance the project review process, a regional coordination and review

procedure has been developed as follows. A regional office of the Bureau of

State Lands Management (BSLM), upon receiving a joint DER-COE permit

application from DER, forwards the application to the Division of State Lands'

Title Section, where a determination of state ownership within the aquatic

preserve is made. Once ownership is confirmed, BSLM central records staff

transmits the findings to the appropriate Bureau of Aquatic Preserve (BAP)

.field staff. The application is reviewed to determine whether the activity

will generate impacts upon the aquatic preserve and whether the activity is

consistent with applicable rules and statutes.

Within 30 days from the date of receipt of the application, the RAP staff

notify the applicant of their findings and whether the project application is

complete or needs modification. Once a complete application is received, the

field staff issue a letter of consent or denial, depending on the assessed

impacts of the project proposal and its consistency with applicable rules.

.Certain projects may require a lease or easement and must be approved by the

Board of Trustees. Staff develop a draft agenda item which is transmitted to

BAP central office staff. There, the Office of Application and Field

Assessment reviews the application, all staff comments, and approves or

revises the agenda item. Upon Division and Department level approval, the

item is forwarded to the Board for action.

The permit review process is complete upon Board approval or denial, and the

applicant will be duly notified.

Applicants desirous of appealing staff recommendation shall follow those

appellate procedures outlined in the appropriate authorizing statutes. In the

case where applications requesting the use of state-owned lands are denied,

three appellate procedures are available to the applicant. Depending upon the

type of application submitted, an applicant may:

(a) Request the Governor and Cabinet to overturn an application decision

rendered by the Executive Director of the Department of Natural

Resources (or his designee) under a delegation of authority;

(b) Request an administrative hearing under the procedu-res outlined in

Chapter 120, F.S.; or,

Improvement Trust Fund to the Distri ct Court of Appeals.

3. Liaison Between Field Personnel and Other Interested Parties. One of the

most important duties of the field personnel's jobs is to establish mutually

beneficial communication with pertinent interest groups. The central office

staff will assist in identifying and contacting government,al bodies, special

interest groups, and individuals requiring aquatic preserves program

coordination.

When requested by on-site managers the central office staff will assist in

arranging for specialized management expertise not generally available

locally. This may include such things as arranging for DHR to conduct a

detailed cultural resource assessment for certain areas o f the preserves.

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Chapter VI

MANAGEMENT IMPLEMENTATION NETWORK

Interagency Coordination

Nume rous governmental agencies and private organizations play key roles in the

protection of the aquatic preserves. These organizations oversee federal,

state, regional, and local laws which apply to all of the lands and water's

within the aquatic preserves and their watersheds. The Aquatic Preserves

Program objective is to complement whenever possible the activities which are

in the interest of the preserves. The following information outlines the

activities and interrelationships of government agencies, non-government

entities, and interest groups which are active within the scope of the

preserves. The program also details activities of both field and central

office staff as thev relate to these organizations.

FEDERAL

Many federal agencies have property interests, land and wildlife management

programs, research activities, construction activities, and regulatory

programs existing or po tenticIlly existing within the aquatic preserves. Field

personnel assist those agencies in areas where there are common goals.- The

field personnel and central office staff also review federal activities to

determine their effect on aquatic preserve management objectives. This review

is coordinated through the Florida Department of Environmental Regulation,

Office of Coastal Management, to enforce the provisions of the Federal Coastal

Zone Management Act of 1972, as amended.

1. United States Fish and Wildlife Service. The United.States Fish and

Wildlife Service (USFWS) administers three programs directly affecting the

aquatic preserves. The Division of Ecological Services, headquartered in Vero

Beach, reviews dredge and fill requests and other federal permitting under the

Fish and Wildlife Coordination Act and comments to the U.S. Army Corps of

Engineers.

The USFWS is also charged with the protection and recovery of endangered

species and bird rookeries. Field personnel will use available recovery

techniques as necessary.

The USFWS, Division of Wildlife, administers a series of Mational Wildlife

Refuges. The Federal Government is negotiating to obtain privately owned land

within the boundaries of Cape Romano-Ten Thousand Tslands Aquatic Preserve for

designation as a National Wildlife Refuge. The proposal to establish a
wildlife refuge in the Ten Thousand Islands area is consistent with the goals

and objectives of the Aquatic Preserve Program.

United State Army Corps of Engineers: The United States Army Corps of

Engineers (COE) 'regulates activities in waters and wetlands.under four
separate but related laws: Rivers and Harbors Act of 1899, Federal Water

Pollution Control Act of 1972, Clean Water Act of 1977, and Marine Protection

Research and Sanctuaries Act of 1972.

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The COE's major responsibilities, which relate to the aquatic preserves, are

the maintenance of navigable waters, pollution abatement, maintenance of water

quality, and the enhancement of fish and wildlife. The COE is charged with

providing technical guidance and planning assistance for development of the

nation's water resources. Under Section 404 of the Federal Water Pollution

Control Acts Amendments of 1972, the COE has regulatory authority over dredge

and fill activities in coastal wetlands.

In December 1982 a Memorandum of Understanding (MOU) between DNR, the Florida
D-epartment of Environmental Regulation (DER), and t he COE was executed. The
MOU established a process-whereby the proprietary concerns of the Trustees,

stated in Chapter 253, F.S., is integrated into the DER/COE joint permit

processing system.

3. United States Geol Hical Survey: The United States Geological Survey
(USGS) of the Department of the Interior has the responsibility to perform

surveys, investigations, and research pertaining to topography, geology, and

mineral and water resources. The USGS has conducted studies on the reso urces

of Southwest Florida. Published results of the studies that are pertinent to

the preserves will be included in the preserves' resource inventory.

4. United States Environmental Protection Agency: The United States

Environmental Protection Agency (EPA) is responsible for the control and

abatement of six types of pollution: air, water, noise, solid waste, toxic

waste, and radiation. The Florida Department of Environmental Regulation is

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the state agency responsible for pollution control in lieu of a federal

program. Within the aquatic preserves, field personnel will assist the EPA in

planning field activities where there are common interests.

5. United States Coast Guard: The United States Coast Guard is charged with

the protection of the Nation's coastline. In the aquatic preserves, the Coast

Guard is involved in the regulation of boating safety, search and rescue, and

the surveillance of narcotics contraband. Additionally, the Coast Guard

regulates the.construction of structures, such as bridges, causeways, and

aerial utilities, which may pose navigation hazards. DNR field personnel and

central office-staff review and comment to the Coast Guard on permit

applications for proposed projects in the aquatic preserves.

6. National Marine Fisheries Service: The National Marine Fisheries Service

(NMFS) of the U.S. Department of Commerce records commercial fish landings,

enforces national fishery laws, and protects vital fishery habitats.

The Environmental Assessment Branch of NMFS comments on permit. applications at

the federal level which may adversely alter fishery habitats. DNR comments

concerning projects in the aquatic preserves are submitted to the

Environmental Assessment Branch.

7. National Oceanic and Atmospheric Administration: The Mational Oceanic and

Atmospheric Administration (NOAA), Office of Coastal and Resource Management,

administers the National Estuarine Research Reserve Program including the

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Rookery Bay National Estuarine Research Reserve. Management activities in the

aquatic preserves are often conducted in conjunction with the national

estuarine research reserve.

NOAA's office of Oceanography and Marine Assessment, Ocean Assessment Division

(OAD) conducts research, assessment, and monitoring activities on

environmental quality issues of the Nation's estuaries. Through its National

Status and Trends Program, OAD is conducting a nationwide monitoring program

to assess chemical contamination in estuaries throughout the USA. Through its

National Coastal Pollutant Discharge Inventory, OAD determines the sources and

analyzes the quality of discharged pollutants in estuaries nationwide. OAD

has a National Estuarine inventory which characterizes the physical and

hydrological features of the Nation's estuaries and c oastal areas. The Ten

Thousand Islands region is incorporated in the atlas, but the Rookery Bay

system has been omitted. Efforts are underway to include the Rookery Bay

system in the National Estuarine Invent ory.

STATE

Many state agencies have property interests, land and wildlife management

programs, research activities, construction activities, and regulatory

programs existing within the aquatic preserves. Additionally, DNR administers

other programs which may affect the resources and watersheds of the aquatic

preserves. Field personnel will assist other agencies and other nNR Divisions

in areas where there are common goals. The interactions and relationships of

the various agency programs with aquatic preserve management is outlined in

the following:

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1. Department of Matural Resources: The Division of Marine Resources has

several programs beneficial to the aquatic preserves. The Marine Research

Laboratory in St. Petersburg has several projects, including Resource

Protection Area mapping, fishery habitat utilization studies, and habitat loss

mapping, which generate valuable resource management information.

The Marine Laboratory is headquarters of the State Manatee Coordinator.' In

the permit review process, coordination with the State Manatee Coordinator is

essential in the review of projects located in critical manatee areas.

Additionally, the State Manatee Coordinator will be solicited for comments on

proposed marina sitings and expansions within the preserves.

The Division of Marine Resources also administers a permit ting program for the

collection of certain marine species and the use of certain chemicals. The

Bureau of Aquatic Preserves receives notification of issuance of permits

within the aquatic preserves.

The Division of Marine Resources' Shellfish Environmental Assessment Section

(SEAS) is responsible for the classification and management of shellfish

harvesting areas. The Cape Romano-Ten Thousand Islands Aquatic Preserve is

presently classified as one of these approved areas. Rookery Bay Aquatic
Preserve is classified as a prohibited area. Efforts to reclassify the

shellfish harvesting waters of Rookery Bay Aquatic Preserve are ongoing.

Field personnel are assisting SEAS with the collection of water samples for

bacteriological analysis and will continue to assist SEAS in their efforts to

reclassify the shellfish growing areas. The Division is also involved in a

long-term study of snook in the area.

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The Division of Law Enforcement's Marine Patrol District 9 has a detachment

located in Naples Florida. The detachment is staffed by a Captain,

Lieutenant, and six officers. Aquatic preserves' field personnel are familiar

with these programs and their operation and call on the Marine Patrol for law

enforcement support as required.

The Division of State Lands, in addition to the work related to aQuatic

preserves by BAP, is charged with overseeing uses, sales, leases or transfers

of state-owned lands. The aquatic preserve staff interact with other staff of
State Lands in'all transactions concerning submerged lands within the

preserves including acquisition of privately titled submerged lands or

contiguous uplands important to the integrity of the preserves.

The Division of Resource Management is responsible for the management of

aquatic plants, mineral resources, oil and gas exploration, and mine

reclamation. It also supervises Navigation Districts and the Canal Authority.

Staff communicates with this Division to ensure consideration is given. to the

protection of the preserves.

The Division of Beaches and Shores is responsible for managing erosion

control, hurricane protection, coastal flood control, shoreline and offshore

rehabilitation and regulation of work and activities likely to affect the

physical condition of the beach or shore (Chapter 161, F.S.). The Division is

currently actively involved in the Caxambas Pass to Cape Romano portion of the

Rookery Bay Aquatic Preserve. The Division has jurisdiction over regulating

construction along the beaches within and adjacent to the preserve.

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The Division of Recreation and Parks is involved in the management of nearby

state preserves, state parks and-state recreation areas. Located within

Collier County is Collier-Seminole State Park, Delnor-Wiggins Pass State

Recreation Area, and Fakahatchee Strand State Preserve. The aquatic

preserves' staff member works closely with the park staff and preserve

managers in the management of the resources of the aquatic preserves.

2. Marine Fisheries Commission: The Marine Fisheries Commission (MFC)

manages marine life by regulating the harvesting of all marine life except the

endangered species. Their authority covers the following areas: a) gear

specifications, b) prohibited gear, c) bag limits, d) size limits, e) species

that may not be sold, f) protected species, g) closed areas, h) quality

control codes, i) harvesting seasons, j) special cons iderations related to

egg-bearing females, and k) oyster and clam relaying.

The MFC is required to make annual recommendations to the Governor and Cabinet

regarding marine fisheries research pri orities. The field and central office

staff use these recommendations to direct research efforts within the aquatic

preserves.

3. Florida Game and Freshwater Fish Commission: The Florida Game and

Freshwater Fish Commission (GFWFC) has two programs directly related to

resource management of the aquatic preserves. The Environmental Services

office in Vero Beach reviews projects which may potentially affect local fish

and wildlife habitat. The Division of Wildlife located in Tallahassee is

responsible for designating Critical Wildlife Habitat Areas. Least Tern

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nesting areas in Caxambas Pass have recently been designated a Critical

Wildlife Habitat Area to provide protection for this species. During routine

patrols and field inspections, additional critical*wildlife habitats will be

noted and recommended to GFWFC for designation

4. Department of Environmental Regulati on: The Department of Environmental
Regulation (DER) is responsible for regulating air, water, noise, wastewater,

and hazardous waste pollutiorr through a permitting and certification process.

An interagency agreement between DNR and DER provides an avenue for prior DNR

staff review and comment on projects with potential environmental impacts in

the aquatic preserves.

DER is the local conta ct for the initiation of dredge and fill application-, in

con'junction with the Army Corps.of Engineers and DNR. The dredge and fill

permitting process is vital to the management of the aquatic preserves. DNR

personnel coordinate with the DER district offices in Ft. Myers and Punta

Gorda to expedite the application review process.

In December 1982, a Memorandum of Understanding (MOU), between DER, DMR, and

the U.S. Army Corps of Engineers (COE) established a process whereby the

proprietary concerns of the Trustees, stated in Chapter 253, F.S., are

integrated into the DER/COE joint permit processing system.

The DER, Office of Coastal Management is charged with coordinating activities

related to coastal management and reviewing federal actions for consistency

with the State Coastal Management Program. DNR staff maintains a close

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relationship with the Office of Coastal Manaaement for assistance in the

review of federal actions, the determination of data and research needs, and

other program support.

5. Department of Community Affairs: The Department of Community Affairs
(DCA) is responsible for coordinating Developments of Regional Impacts (DRI)

and designating Areas of Critical State Concern (ACSC).

DRI's are major developments that may affect more than one county and require

regional review from neighboring local governments and.state agencies. Both

central office staff and field personnel are involved in the DRI review

process. Field.personnel are notified of DRIs by the central office and they

conduct a field review. Central office staff coordinate field review findings
t I
and works with other state agencies in Tallahassee in the DRI rev.Jew process.

The ACSC program is intended to protect areas of the state where unsuitable

land development has endangered or may potentially endanger resources. If an

area is identified as a possible ACSC, a Resource Planning and Management

Program (.RPMP) is established. The RPMP evaluates the resources and the local

government's land use practices. After the evaluation is complete, the RPMP

committee makes recommendations to local government's on how to improve land

use practices to ensure an orderly, well planned growth that will protect

critical resources. If improvements are not made by the appropriate

government entities, those areas may then be designated as ACSCS by the

Legislature. Under ACSC designation, local governments are reqUired to notify

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DCA of any application for a development permit. The entire land development

process requires State intervention until local government modifies its land

use practices to conform to ACSC requirements. A large portion of Collier

is designated as Big Cypress ACSC.

6. Department of Transportation: The Department of Transportion, District 4

office, located in Ft. Lauderdale is responsible for the planning and

construction of State Roads in Collier County. Field personnel and central

office staff work with the resident Project Developer on anticipated projects

having potential detrimental consequences to the aquatic preserves. Proposed

construction of any major hig hway or bridge within the preserves and their

watersheds are subject to review by aquatic preserves' staff.

7. Department of State: The Department of State, Division of Historical

Resources (DHR) has a close working relationship with aquatic preserves' field

personnel and central office staff in their efforts to protect archaeological

and historical sites. Field personnel, in conjunction with the central office

are directed by DHR.

8. Department of Health and Rehabilitative Services: The Department ol

Health and Rehabilitative Services (HRS), administers septic tank regulation

and mosquito control programs at the state level.

Proper installation and maintenance of septic tank systems in the watersheds

of aquatic preserves is essential to the protection of estuarine water quality

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and productivity. Field personnel monitor water quality in areas of high

septic tank density within the aquatic preserves. Excessive nutrient on fecal

coliform levels are reported to Collier County HRS.

Although mosquito control serves a useful public function, the effects of

pesticides in the waters of the preserves are a primary concern. DNR staff

are involved in the management programs developed by the Florida Coordinating

Council on Mosquito Control. Subsequent policy recommendations resulting from
this group will be evaluated for applicability to the ongoing aquatic preserve

management program.

9. Florida Sea Grant: Florida Sea Grant is a State University System program

with administrative offices at the University of Florida. The resident Marine

Extension Agent responsible for.Collier County is located in the City of

Palmetto in Manatee County. By using seminars, workshops, demonstrations,

publications, and personal contacts, Sea Grant informs the public of current

issues of the sea and coast. Sea Grant publications will be used in the

development of education programs for the aquatic preserves.

REGIONAL

The South Florida Water Management District and the Southwest Florida Regional

Planning Council administer permitting, planning, and resource management

programs at the regional level. DNR field personnel assist these agencies in

the administration of these programs when the aquatic preserve is involved.

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1. Water Management District

The South Florida Water Management District has two functions within its 17

counties. It operates and maintains a water management system an d conducts

two permitting programs: surface water management permits and water

withdrawal permits. In Collier County, the Big Cypress Basin Board operates

the District's water management system. The board also funds research

proJects geared to improve the water resources of the county.

Southwest Florida Regional Planning Council

The Southwest Florida Regional Planning Council (SFRPC) serves as a regional
planning agency for.Sarasota, Charlotte, Lee, Collier Highlands, and Hendry
Counties. Among its duties are: aiding local governments with planning

expertise; representing regional concerns in the Development of Reqional

Impact (DRI) review; serving as a regional clearinghouse for state and federal

programs; and conveying information from local governments to the state and

federal levels.

The DRI review of projects with potential impact to the aquatic preserves is

conducted by the central office staff with field personnel assistance when

necessary. DRIs concerning large marinas, large subdivisions on the uplands,

and commercial or industrial developments require a field review.

LOCAL GOVERNMENTS AND SPECIAL DISTRICTS

Both aquatic preserves are contained entirely within Collier County. The

extreme northern portion of the Rookery Bay Aquatic preserve is located within

the Naples city limits. The Cape Romano-Ten Thousand Islands does not have
any incorporated cities adjacent to or within its boundaries.,

Field personnel are the liaison with local governments. They assist in

modifying local government policies and practices to insure conformance with

the objectives of aquatic preserves management plans. The exchange of

information and expertise is for mutual benefit.

a. Relationship to local management plans: Local (municipal and county)

governments are required by the Local Government Comprehensive Planning Act of
1975 (Section 163.3161, F.S.) ras amended by Chapter 85-55, Laws of Florida,

to the Local Government Comprehensive Planning and Land De velopment Regulation

Act! to update their local plans and among other requirements, 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 governmental jurisdiction.

The aim of the aquatic preserves, with respect to these local government

comprehensive plans, is to insure consistency with the adopted aquatic

preservesl management plan. DNR field personnel determine the consistency of

local plans with the objectives of aquatic preserves management. Collier

County is presently rewriting its comprehensive plan as mandated by the Growth

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Management Act. Aquatic preserves staff will review the revised plan and will

advise the Collier County Commission of its consistency with Trustees adopted

policies for the preserves. Assistance from aquatic preserves staff has been

offered to the Collier County Chief Plarner to help formulate those portions

of the plan which pertain to the aquatic preserves.

b. Relation to local development codes: The local zoning and development

codes provide regulations for the development of property. The zoning

prescribes allowable uses and maximum density. Certain uses in the preserves

and their watersheds may affect the preserves.

Field personnel are familiar with the I ocal zoning, development codes and

their potential effects on the preserves. Assistance with identifying changes

in zoning, which provide for conformance with the objectives of the aquatic

preserves, will be offered to local planning an d zoning officials. Assistance

will also be offered in the review of proposed subdi visions in the preserves'

watersheds.

c. Special districts: Special districts are taxing authorities established

to correct drainage and mosquito control.problems. Water t1anagement District

No. 6 is located in the watershed of the Rookery Say Aquatic Preserve. There

are no water management taxing districts in the watershed of the Cape

Romano-Ten Thousand Islands Aquatic Preserves. Collier County has one

mosquito control district which has the potential to affect both preserves.

The Collier County Mosquito Control District is required to provide arthropod

control plans for all lands identified as environmentally sensitive or

biologically highly productive. These plans have been approved by the land

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managing.agency. The field personnel are familiar with the policies and

activities of the Mosquito Control District and Water Management District No.

6 and recommend practices which will minimize impacts on the aquatic

preserves.

OTHER ORGANIZATIONS

This section applies to the numerous nongovernmental organizations that have

interest in the aquatic preserves. This includes, but is not limited to,
environmental interest groups .(i.e. National Audubon Society, The Conservancy,
Sierra Club, and Native Plant Society), scientific organizations, fishing and

sports interest groups (i.e. Florida League of Anglers and Crganized Fishermen
of Florida), universities which may have research projects in the preserves
(i.e. University of South Florida; University of Miami) and any other interest

groups. The relationship of these organizations to aquatic preserves

management might include coordination of activities such as research,

environmental education, management of bird rookeries or other natural areas,

and numerous other potential activities. Field personnel will be active in

communicating the aquatic preserves management objectives and methods to the

various groups and consulting with them for help.

Effective management of aquatic preserves will be enhances by continued

support from organized groups, associations and individuals. Citizens Support

Organizations (CSO) are particularly valuable through the provision of

technical, non-technical and financial assistance. The administrative and the

field office staff will actively solicit the organization of and participation

in CSO at each aquatic preserve.

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The National Audubon Society (NAS) has been instrumental in aquatic preserve

management. The NAS has.a warden assigned to the Rookery Bay area, and

several joint activities have been conducted. A monthly sundown census of

wadinq birds is conducted by NAS at the ABC Islands in the Big Marco River.

Aquatic preserve's staff assist the warden in this program. The warden also

identifies areas that are critical to the avian populations of the preserves

and implements strategies for their protection (i.e. limiting entry ill

roosting areas). Continued cooperation with the NAS warden will receive high

priority in the resource management of the preserves.

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Chapter VII

USES

This chapter provides a description of public, private and commercial USeS

that may be allowed pursuant to statutory direction and all other applicable

authorities in aquatic preserves. These uses are subject to the approval of

the Board (Governor and Cabinet) or their designee. Approval of these uses is

normally predicated upon demonstration that the proposed use.is

environmentally sound, and, in the opinion of the Board, necessary for the

public.

A. M itigati n Policy

In all cases, approved uses that adversely impact the resources of an aquatic

preserve should only be approved when accompanied by adequate compensation

measures that contribute to an overall net public benefit.

Mitigation measures, other than those directly associated with programs for

habitat restoration or rehabilitation, are viewed by the Board,as inadequate

attempts to compensate for alteration of essentially natural ecological

conditions through the establishment of artificial resource systems.

Therefore, mitigation should only be permitted in conjunction with on and

off-site projects that are designed to reestablish natural habitats and where

an aquatic preserve will biologically and aesthetically benefit from p*rcposed

restoration actions.

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B Public Uses

The "Florida Aquatic Preserve Act of 1975" (Section ?55F.35, F.S.). allows for

the lawful and traditional public uses of aquatic preserves, such as sport
fishing, boating and swimming (as adapted from subsection 258.43 (1), F.S.).

1. Consumptive Uses

Consumptive uses involve the removal of resources from the preserves. These

uses include fishing, hunting, shellfishing, and other related activities.

They also include the unintentional removal of resources by propeller aamage

to seagrass beds and air boat damage to salt marshes. The management of th ese
uses (See Chapter V. Resource Management Section B: On-site Management
Objectives) includes the observation and monitoring of the effects of these

uses on the resources. Field personnel will periodically assess the impacts

through the use of the Marine Laboratory's LANDSAT capabilities,, aerial

photography, boat surveys, aerial surveys, and current studies or data sources

for identifying habitat losses or disturbances in the aquatic preserves.

Management will also include the protection of the resources from unlawful or

excessive consumptive uses. Field personnel will, for example, become

familiar with and monitor the success of regulations adopted by the Marine

Fisheries Commission. These will include regulations on fishing gear, bag and

size limits, closed areas and seasons.

These consumptive uses will also be monitored for their effect on other

resources (e.g. bird rookeries, marine grassbeds, live bottom communities.

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archaeological and historical sites). Additional enforcement needs (i.e. the

need for added enforcement staff,during nesting seasons) will be identified.

Non-6onsumptive Uses

Non-consumptive uses are those which do not generally remove resources from.

the preserve. Examples of these include swimming, diving, boating (including
airboating), bird watching, and other related activities. Although boating

and diving are usually considered non-consumptive uses, they can become

consumptive when boat operators place anchors on seagrass beds, navigate into

waters that are too shallow for their boats, venture outside open channels and

traverse salt marsh vegetation, or when divers remove components of a live

bottom community. The management practices involved with non-consumptive uses

will be the same as those previously described under Section B1. The guiding

principle in these cases will be whether or not the activity causes

disruptions of the preserves' resources (e.g@ destroys marine grassbeds or

salt marshes, or disturbs rookeries). Only in the event of these disruptions

will the field personnel become involved. Efforts to minimize these

disruptions may be achieved through environmental education (See Chapter

VIII). Where the impact is considered significant by management staff,

additional steps may be taken to adopt appropriate rules and/or encourange

local ordinances and enforcement policies to protect the aquatic preserves.

C. Private Non-Commercial Uses

This section will apply to those private, non-commercial uses which are

derived from riparian land ownership. The management of the aquatic preserves

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recognizes the traditional riparian rights of the upland property owners. The

rights of ingress, egress, boating, swimming, fishing, and other incidental

uses of sovereignty lands historically allowed for the placement of certain

structures, such as docks, within the preserves. The right to make any

preemptive use of sovereign lands is a qualified one and can only be exercised

with the prior consent of the Board after a finding that such uses will not

impair public uses or destroy or damage areas of environmental significance.

Private non-commercial uses shall be designed to avoid critical Resource

Protection Areas 1 and 2 and shall be designed to reduce the user's impact to

the preserves in general. Individual applications for these private

non-commercial uses shall be reviewed using the applicable Resource Protection

Area Maps and criteria. In addition, private dock proposals will be reviewed
by the criteria described in Subsection 18-20.004(5), F.A.C. of-the revised
General Aquatic Preserve Rule (See Appendix B).

Fulkheads should be placed, when allowed, in such a way as to be the least

destructive and disruptive to the vegetation and other resource factors in

each area.

Dredging proposals shall be reviewed according to the procedures in Chapter V
depending on the location of the proposed activity within the RPA. New
dredging proposals within RPA I and 2 areas (Chapter V (c) ) are governed by
the provision of Chapter 18-20, F.A.C. Maintenance dredging of existing
navigation channels are permitted under the provision of Section 258.42, F.S.

and Section -18-20.004, F.A.C.

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The location of proposed multiple docking facilities, such as. those associated

with condominium developments, shall be based on the,criteria described in

subsection 18-20.004(5) F.A.C. of the revised General Aquatic Preserve Rule

(See Appendix B).

Authorization of such facilities will be conditioned upon receipt of

documentation evidencing the subordination of the riparian rights of ingress

and eqress for the remainder of the applicant's shoreline for the life of the

proposed docking facility. Boat ramps and travel lift platforms or other

similar launching facilities, with associated temporary mooring facilities

built with minimal damage to wetlands, will be encouraged over permanent wet

storage facilities. Non-residential docking facilities (commercial) are

addressed later in this Chapter.

D. Commercial Uses

This section addresses a variety of traditional and non-traditional commercial

uses which may occur within the aquatic preserve. Among the traditional uses

are utility crossings, marinas, yacht clubs, commercial fishing, shellfishing

and boats for hire (e.g. sportfishing). Non-traditional uses in this area

include oil and gas transportation facilities, phosphate transportation an-d

other commercial uses.

1. Traditional, commercial uses

a. Utilities crossings. At the present time, there are aerial utility

crossings in the Rookery Bay Aquatic Preserve. Future proposals should be

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designed so that the preserve is crossed by the least destructive method in
the least vulnerable areas according to the RPA maps. Increased or additional

use of any existing utility crossings is preferable, if their condition at the

time of the proposal is acceptable. The field personnel will assess all areas

with existing or proposed utility crossings to determine appropriate sites

for placement of any additional crossings where the least disturbance to the

environment would occur.

Crossings should be limited to open water areas where live bottom communities

are not present, to minimize'disturbance to marine grassbeds, mangroves or

other critical habitat areas.

b. Commercial Fishing. The management of the aquatic preserves shall not

include the direct manaqement of commercial fishing activities. These

activities will be monitored and their impacts on the preserves assessed in

con'Junction with the Division of Marine Resources, the Florida Marine Patrol

and the Marine Fisheries Commission and as a cooperative effort with these

agencies. The field personnel will notify the requisite authorities in the

event of illegal fishing practices (Chapter 370, F.S. or by special act).

Field personnel will monitor fishing within the aquatic preserves. Monitoring

will concentrate on boat access into certain areas, prevention of marine

grassbed destruction and other concerns of the aquatic preserves. When

commercial fishing problems are identified and documented, the findings wil'l

be presented to the Marine Fisheries Commission. Tt is the authority of the

Commission and the Florida Legislature to regulate commercial fishing within

the preserves.

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c. Marinas. The location of marinas and their related uses are major

concerns of the aquatic preserve management. Marinas represent a use with

many potential impacts on the preserve's resources. The policy of Subsection

18-20.004(5) F.A.C. shall be used for siting marinas in aquatic preserves (See

Appendix B).

d. Other Docking. Any other type of commercial docking, not mentioned in the

preceding sections, will follow the marina siting policy as stated in

Subsection 18-?0.004(5) F.A.C. of the revised General Aquatic Preserve Rule.

2. Non-traditional Commercial Uses

a. Power Plants. Power plants have the potential for causing major changes

in the air quality, water quality, and plant and animal life of the aquatic

preserve. For these reasons, power plants are incompatible with the purposes

of these aquatic preserves. The location of proposed power plants should be

evaluated as to the effects on the preserve.

b. Aquaculture. The aquatic preserves may be used for aquaculture activities

in select locations subject to the requirements of Sections 2-53.67 - .75 F.S.,

and Chapters 18-21 and 18-20, F.A.C.

c. Deep Water Port Facilities. There are no major deep water port facilities

within the boundaries of the preserves. New port facilities within the

preserves will be discouraged.

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d. Other Uses. Any other use that qualifies as a commercial use of submerged

lands not mentioned above will require a review for its anticipated impact orl

the aquatic preserve and the best location for the activity compatible with

the resources within the preserve.

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Chapter VIII

RESEARCH

A. Tntroducti on

The research program of the aquatic preserves operates in conjunction with the

Rookery Bay National Estuarine Research Reserve. The purpose of the aquatic

preserves' research program is to promote scientific research which generates

information on the resources of the preserves. Research results can then be

utilized by aquatic preserves' staff in the development of resource management

strategies.

The research program consists of two components: the coordination of research

activities within the preserves, and on-site research activities designed to

generate baseline environmental data. Scientific research conducted within

the aquatic preserves requires approval from the on-site manager and the

central office staff. Factors including site location, species collection,

and frequency of sampling will be carefully reviewed to determine if the

research activity will disturb the resources of the preserves.

The research program operates through a cooperative effort: with the Rookery

Bay National Estuarine Research Reserve. Field sampling trips, sampling

station locations, and research design, are coordinated to insure efficient

collection of pertinent scientific data. The capability to work in concert

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and share personnel, equipment, and facilities greatly enhances the ability of

the aquatic preserves' staff to conduct basic research and monitoring

programs.

B. Existing Research Programs

Existing research activities are limited to baseline studies. The baseline

studies are designed to identify and analyze the physical, chemical, and

biological characteristics of the resources of the preserves. Data generated

from baseline studies will be used to reach conclusions regarding the contEnt,

complexity and health of the ecosystem. Changes detected in physical,

chemical, and biological parameters can potentially document adverse affects

from development activities in the preserves and their watersheds. This

information is crucial to the development of effective resource protection.

strategies.

Presently, three baseline research programs are being conducted by Aquatic

Preserves and National Estuarine Research Reserve staff:

1. Rookery Bay Water Quality Monitoring: water quality data from the

Rookery Bay Aquatic Preserve is collected every two weeks. Parameters

monitored include water temperature, salinity, conductivity, dissolved

oxygen, pH, turbidity, fecal coliform bacteria, and redox potential.

Fecal coliform bacteria enumeration is provided bythe Division of Marine

Resources Shellfish Environmental Assessment Section.

2. Cape Romano-Ten Thousand Islands Aquatic Preserve Water Quality

Monitoring: a water quality monitoring program is presently being

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conducted in the Cape Romano-Teti Thousand islands Aquatic Preserve under

a FDER/NOAA Coastal Zone Management research grant. The purpose of the

research grant is twofold: water quality analysis is being conducted for

long-term analysis and a manual is being formulated to be used as a guide

to initiate water quality monitoring in other aquatic preserves

throughout the State. Parameters monitored include water tempErature,

salinity, conductivity, dissolved oxygen, pH, turbidity, fecal coliform

bacteria, redox potential, orthophosphate, nitrite, nitrate, ammonia,

chlorophylls, biological oxygen demand and suspended solids.

3. Habitat Mapping: Plant communities and submerged habitats are being,

delineated using LANDSAT imagery and ground truthing. Signatures of

vegetative cover are field inspected to determine plant species

composition, species density, and canopy height. The habitat mapping

will be used in the permit review process and as a monitoring tool to

detect changes in plant communities and the gain or loss of habitat.

C. Identified Research Needs

The research program will continue to be directed towards the collection of

data which enhance resource management efforts. Major research needs ranked

in order or importance include:

1. Studies to determine species composition, richness and diversity of

the vermetid reefs in the Cape Romano-Ten Thousand Islands Aquatic

Preserve. In the United States, vermetid reefs are unique to the Ten

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Thousand Islands region. Limited comprehensive research has been

conducted on the reef ecosystem.

2. Studies evaluating the effects of environmental stresses (e.g.

freezes, shading, freshwater influx, depleted dissolved oxygen levels,

watershed alterations) on the health and diversity of the flora and fauna

of the preserves are needed.

3. Specific research projects which investigate endangered species will
be encouraged. A number of endangered species of.plant and 'animals are

found in the preserves. Post notable are the Bald eagle and V.!est Tndian

manatee.

4. Research useful to the.management of the preserves including mangrove

habitat utilization, mangrove restoration, effects of watershed

alterations on mangroves, and the use of mangroves to stabilize

shorelines.

5. Studies on the abundance and temporal changes in the biotope and the

role of seagrasses in providing food habitat in Rookery Bay and the Ten

Thousand Islands.

6. Studies to survey major plant and animal groups in the preserves.

This list will be continuously updated as additional research needs are

identified.

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Chapter IX

ENVIRONMENTAL EDUCATION

A. Introduction

The purpose of the aquatic preserves' education program is to increase public

awareness of the value of estuarine systems and the coastal zone and the need

for their protection. An informed public is capable of making sound decisions

regarding environmental issues.

The aquatic preserves offer a unique opportunity for the interpretation of
subtropical estuarine systems. Basic ecologic principles (e.g. food webs,

habitats, etc.) are stressed in the aquatic preserves' education program. A

wide array of biotopes are present in both preserves including live bottom

communities, oyster bars, extensive mangrove forests, seagrass beds, sandy

beaches, and open estuarine and marine waters. Applying ecological principles

to these biotopes stresses the vital functions of natural systems as well as

the detrimental impacts of human activities.

B. Coordination

The objectives of the education program are obtained through a cooperative

effort with the Rookery Bay National Estuarine Research Reserve. Combined

field trips,.poster displays, and training workshops are coordinated to insure

maximum awareness of the need to protect the resources of the aquatic

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preserves and the national estuarine research reserve. The capability to work

in concert and share personnel, equipment, and facilities greatly enhances the

aquatic preserves staff's ability to reach the public. Although participation

and coordination with the national estuarine research reserve staff is

essential to the success of the aquatic preserves education program, it is

necessary to emphasize the distinction between the two programs and this has

been accomplished during joint education programs.

C. Objectives

The objectives of the aquatic preserves' education program are consistent with

the objectives of the Rookery Bay Mational Estuarine Research Reserve. The

three main objectives are:

1) to increase public awareness of the Rookery Bay and Ten Thousand

Tslands ecosystems, the role of the aquatic preserves in their

management, and coastal zone issues which are of regional importancP;

2) to encourage public awareness and involvement in the protection and

preservation of coastal resources;

3) to facilitate communication between the aquatic preserves staff,

regulatory agencies, and potential users of the aquatic preserves.

D. Existing Education Programs

Through cooperation with the Rookery Bay National Estuarine Research Reserve,

an education program has been developed and implemented for the Rookery Bay

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and Cape Romano-Ten Thousand Islands Aquatic Preserves. Present activities

include out-reach programs, on-site programs, and. training workshops.

1. Community Education Programs

Community awareness is accomplished through on-site and outreach education

activities. Potential target audiences include high school and college

students, educators, civic groups, and conservation organizations.

Interpretive field trips and s.lide' presentations have been implemented in

on'-site programs. Interpretive field trips have been successful tools to

increase public awareness of the value of estuarine systems. Presently, fiEld

trips are conducted primarily in the Rookery Bay Aquatic Preserve due to its

accessibility. Short boat trips into Rooker@v Pay give participants the

opportunity to use field sampling equipment such as fish trawls, benthic core

samplers, and plankton trawls. Additional field trips consist of hikes

through mangrove forests and surveys of oyster reefs. This first hand

experience gives participants a chance to learn about the variety of plants

and animals that depend on estuarine systems.

A slide presentation has been developed by the Rookery Bay Mational Estuarine

Research Reserve staff demonstrating the importance of estuaries. Use of the

slide presentation is available to aquatic preserve personnel. A series of

slide programs is being developed by staff of the aquatic preserves and the

national estuarine research reserve describing the major habitats found within

the preserves. Tentative topics include mangrove forests, oyster reef

ecology, and seagrass ecosystems. These slide programs will be integrated

into the on-site education activities.

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The outreach program is designed to provide off-site education to local and

regional communities about the ecology of the aquatic preserves and their

management. Initially, the outreach programs have consisted of a portable

interpretive exhibit, displays with informational flyers, and a brochure.

Off-site slide/lecture presentations to civic groups and school classes will

be developed in an effort to expand the outreach program.

2. Professional Education Programs

Professional education "is accomplished by on-site training workshops and

distributing technical information to coastal zone management professionals.

The on-site training workshops ultimately assist in the resource management

activities of the preserves. By providing information abo ut aquatic preserve

management to regulatory agency.personnel, local governments, marine

construction firms, environmental consultants and other potential users,

awareness of aquatic preserve issues is increased, resulting in more efficient

permit application review. Training workshops can also be utilized by

regulatory agencies such as the Florida Department of Environm ental Regulation

to familiarize employees on the taxonomy of local flora and fauna.

The aquatic preserves, in cooperation with the national estuarine research

reserve, function as a clearinghouse for technical resource management

information. Upon request, aquatic preserves staff distribute information

regarding such coastal issues as wetlands restoration, marina siting, marine

toxicology, and water quality monitoring to local, county, and state agencies.

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E. Identified Education Needs.

Although several education activities have been implemented, the education

program of the aquatic preserves will to be expanded in certain areas. The

development of off-site slide/lecture presentations is critical to obtaining

educational objectives. Efforts will be made by aquatic preserves' staff and

national estuarine research reserve staff to increase the frequency of

off-site presentations.

Evaluations from participants of previous on-site programs have strongly

indicated a need for the development of slide presentations regarding advanced

topics (e.g. mangrove ecology) targeted for high school and college level

students. Students knowledgeable in basic ecological principals require

advanced lectures on specific subjects. The wide range of biotopes present in

both preserves presents a tremendous opportunity for college and high school

students to study a variety of topics. Development of slide presentatiors

concerning specific subjects such as mangrove forests, oyster bar communities,

and seagrass beds is essential in meeting the needs of visiting school groups.

These slide programs may also be used in off-site presentations to biology

classes at Edison Community College, Berry College, and Collier County high

schools.

Due to its inaccessibility, the Cape Romano-Ten Thousand Islands Aquatic

Preserve has not been utilized-for field trips. The acquisition of a large

boat capable of transporting 10-15 participants would increase educational

opportunities in the Cape Romano-Ten Thousand Islands Aquatic Preserve. The

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development of overnight field trips to the state-owned islands within the

preserve would also increase educational opportunities. Overnight trips would

target advanced students from high schools and colleges and could draw local,

regional, and statewide participants.

Due to limited office and laboratory space at the Rookery Bay National

Estuarine Research Reserve, it is often awkward to conduct on-site education

programs. There is a tremendous need for an education building with

dormitories, wetlabs, classrooms, and interpretive displays. Such a facility

would benefit both the aquatic preserves and the national estuarine research

reserve and would draw high school and c.ollege students from regional, state

and national levels.

The formation of a review committee to conduct an annual evaluation of the

education program will help determine future program needs. Additionally,

groups participating in on-site activities are solicited for critiques of the

programs. The responses from participants provide valuable information which

is used in the development of new programs.

Initial education activities at the Rookery Bay and Cape Romano-Ten Thousand

Islands Aquatic Preserves have been implemented, however there is great

potential for an increase in on-site and outreach programs. As the progran,

develops, more needs will be identified and implemented.

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Chapter X

Identified Program Meeds

This chapter addresses the identity of program needs throughout program

development. The management of the aquatic preserves and the protection of

the natural resources will be enhanced by continually identifying specific

program needs, then resolving them through legislative or administrative

action. Subjects which will receive particular attention in the constant

pursuit of program improvement are as follows:

A. property acquisition

B. boundary determination.

C. legislation need

D. administrative rules

E. data

F.. resource protection

G. funding and staffing

Staff will develop an annual status report to summarize identified reeds and

suggest resolution measures.

A. Property Acquisition

There are areas within and upland of the aquatic preserves that are owned by

various local, state and federal agencies. These lands contain important

resources, such as bird rookeries, archaeological or historical sites,

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endangered species habitats, and freshwater wetlands. Formal interagency

administration agreements which will ensure the compatible management of these

areas, wi 11 be sought. Other areas within or adjacent to the preserves that

are privately owned will be closely examined to determine the advisability of

public ownership. If acquired by the state these lands could act to buffer

critical resources, prevent development of sensitive areas, allow restoration

of areas adversely affected by previous development, or allow removal of

disrupting uses. The field personnel will become aware of upland and

submerged land areas which, if developed, could compromise the integrity of

the aquatic preserves. The field personnel will keep a record of these areas

and will determine their importance in the effective management of the aquatic

preserves for consideration in public a cquisition proceedings.

In the Rookery Bay Aquatic Preserve, acquisition of Horrs, Johnson, Cannon,

Little Marco, and Key (Keewaydin) Islands and the surrounding privately owned

submerged lands are given high priority. These parcels are located in

essentially pristine areas which are ta rgeted for development.

In the Cape Romano-Ten Thousand Islands Aquatic Preserve, many of the mangrove

islands are in private ownership. Acquisition of these islands would assure

the protection of this highly sensitive ecosystem.

B. Boundary Considerations

The boundaries of the aquatic preserves are artificial delineations of the

natural systems within and surrounding the preserves. During normal
management activities, possible needs for boundary modification will be

identified.

136

Potential boundary changes and acquisition projects may include areas upstream

of the present boundary in the preserve's watersheds, previously conveved

sovereign lands, or other areas not presently within the preserves. Boundary

changes require legislative approval. Additional areas to be considered for

acquisition are the submerged lands of Big Marco Pass and Caxambas Pass. This

area contains emergent sandbars which are prime nesting areas for shore birds.

The current boundary line arbitrarily passes through the middle of both

passes.

The ABC islands are located adjacent to the Rookery Bay Aquatic Preserve.

This series of islands is the malior estuarine rookery in Collier County and is

utilized by over 5,500 birds. These islands would be afforded additional

protection by being included within the boundaries of the Ro'okery Bay Aquatic

Preserve.

C. Legislation

Management needs could conceivably involve changes in the legislation

governing the aquatic preserves. These changes may include boundary

realignments as mentioned above or the strengthening of management authority.

The names of the aquatic preserves have resulted in confusion among the

private sector. Although the preserves are contigucus and managed under the

same management plan, they are separate preserves in the Florida Statutes. In

addition, Cape Romano is located in the Rookery Bay Aquatic Preserve and not

in the Cape Romano-Ten Thousand Tslands Aquatic Preserve. Therefore, it is

suggested that the Cape Romano-Ten Thousand Islands name be changed to the Ten

Thousand islands Aquatic Preserve. A change in name would require legislative

action.
137

D. Administrative Rule Changing

Administrative rules are the specific procedures and policies formally adcpted

into the Florida Administrative Code by the managing agency to implement the

intent of the program statutes. Existing chapters concerning aquatic preserve

management include 18-20, 18-21, F.A.C. These chapters shall be revised as

required for the effective management of the aquatic preserves.

E. Data

The field personnel and central office staff will define data needs and

promote research or other means to obtain them. Data needs in the near future

will include such ongoing projects as the U.S. Geological Survey's and the

South Florida Water Management District's studies, Department of Environmental

Regulation water quality monitoring or by the research of other agencies. The

field personnel will be aware of the data needs as they interact with the

various levels of government and with other entities. Data needs may include

mapping, ownership information, water quality data or other data. The major

suppliers of data will probably be public agencies, colleges and universities

conducting research programs in or around the preserves.

F. Resource Protectio n and Enforcement Capabilities.

Protection of the preserves' natural resources is dependent on the preserves'

field personnel and assistance from the Florida Marine Patrol. Protection

needs may include additional enforcement support from local government,

federal, or state agencies. These needs may also involve additional manpower

or equipment.

138

The field personnel will become familiar with the capabilities of both the

Department of Natural Resources' staff and the other agencies with enforcement

responsibilities in the preserve. It appears that the present level of

enforcement is not fully protecting the resource because of a lack of

manpower.

G. Funding and Staffing Needs

Historically, the aquatic preserve program has been largely dependent on

federal coastal zone management grant funds for its operation, and as a

result, the funding of both field position and central office positions has

been limited. The 19S6 Florida Legislature changed this by authorizing eleven

field positions. An Environmental Specialist 11 position was assigned for the

management of the Rookery Say/Cape Romano Ten Thousands Aquatic Preserves in

December 1986.

A budget covering projected staff time, equipment, travel, and other expenses

is shown below. The budget is required to fulfill the short range needs of

the preserves as described in this management plan, and to accomplish the

Department goal of on-site management for all aquatic preserves by 1991., as

expressed in the.Agency Functional Plan.

Propsed Continuation Budget for Fiscal Year 1988-1989
for the
ROOKERY BAY AND CAPE ROMANO TEN THOUSAND ISLANDS AQUATIC PRESERVFS

Salary (Environmental Specialist 11) and
Associated Overhead ........................... $30,000
(OPS Employment) .................................. . 10,000
Operating Capital Outlay ................. 20,000
Expenses ................................. 10,000

Total 70,0

139

L ITERATURE CITED

Carter, M.R., L.A. Burns, T.R. Cavinder, K.R. Dugger, D.L. Fore, D.B. Hicks,
H.L. Revells, and T.W. Schmidt.
1973. Ecosystems analysis of the Big Cypress Swamp and estuaries. II.S.
Environmental Protection Agency, Florida Ecological Study
DI-SFEP-74-51. EPA 904/9-00?. 375 pp.

Clark, J.
1.975. Rookery Bay: ecological constraints on coastal development.
Florida Environ. Urban Issues 2(4): 9-13.

Collier County Board of County Commissioners.
1983. Collier County Comprehensive Plan.
376 pp.

Davis, J.H., Jr.
1943. The natural features of south Florida, especially the vegetation
and the Everglades. Fla. Geol. Surv. Pull. 25: 1-33.

Dawes, C.J.
1981. Marine algae of the west coast of Florida. University of Miami
Press, Coral Gables. 201 pp.

Drew, R.D., and N.S. Schomer.
1984. An ecological characterization of the Caloosahatchee River '/Pig
Cypress watershed. U.S. Fish Wildl. Serv. FWS/OBS-22/58.2. 1-25
PP.

Duever, M.J., J.E. Carlson, J.F. Meeder L.C. Duever, L.H. Gunderson, L.A.
Riopelle, T.R. Alexander, R.L. Myers, and D.P. Spangler.
1986. The Big Cypress National Preserve. National Audubon Society, New
York. 455 pp.

Durako, M.J., J.A. Browder, W.L. Kruczynski, C.B. Subrahamanyam, and R.E.
Turner.
1985. Saltmarsh habitat and fishery resources of Florida. In: Seaman,
W., Jr., ed. Florida Aquatic Habitat and Fishery Resources. PP.
182-280.

Egler, F.E.
1952. South saline Everglades; vegetation of Florida and its management.
Vegetation 3:213-265.

Florida Department of Natural Resources.
1986. Rookery Bay National Estuarine Research Reserve Management Plan
(Draft). Bureau of Land and Aquatic Resource Management.
Tallahassee. 108 pp.

Florida Game and Freshwater Fish Commission.
1985. Official lists of endangered and potentially endangered fauna and
flora of Florida. Office of Environmental Services. Tallahassee,
Florida.

140

Florida Statutes.
1985. Chapters 7,161, and 258.

Gore, R.H.
1984. Natural resources of Collier County Florida, Part 3. Coastal
Estuarine Resources. Collier County Natural Resources Management
Department Tech. Report 84-13). .66pp.
1986. Natural resources of Collier County Florida. Recommendations and
a program for resource management a.nd protection for the
undeveloped lands of Collier County's inland zone. Collier County
Natural Resources Management Department Tech. Report 86-1. 44pp.
1987. Key to the common shallow-water decapod crustacea (crabs, shrimp,
and lobsters) known or expected to occur in Collier County's
estuaries. Collier County Natural Resources Management
(Unpublished) 18pp.

Jordan, C.L.
1973. The physical environment, Part III (A). Climate. In: 01ones,
0.1., R.E., Ring, M.O. Pinkel and R.E. Smith (eds.) A summary of
knowledge of the eastern Gulf of Mexico. pp. TIA-1-IIA-2,".

Kushlan, J.A.
1980. The status of the crocodiliars in south Florida. I.I.I.C.N.
Crocodile Specialist Group. Unpublished MS.

Lewis, R.R., M.J. Durako, M.P. Moffler, and R.C. Phillips.
1985. Seaqrass meadows of.Tampa Bay--a review. In: Tampa Bay Area
Scientific Information Symposium: Proceedings of Conference May
3-6, 1982, Tampa. Treat, S.F., J.L. Simon, R.R. Lewis, and P.L.
Whitman, Or. eds. Bellwether Press. pp. 210-246.

Lindall, W.N., Jr. and C.H. Saloman.
1981. Alteration and destruction of the estuaries affecting fishery
McCoy, H.J. resources of the Gulf of Mexico. Mar. Fish. Rev. 39 (9):1-7.
1962. Groundwater resources of Collier County. Florida Geological
Survey report of investigations No. 31. Fla. State Board of
Conservation, Tallahassee. 82 pp.

Naples Area Chamber of Commerce.
1986. Demographics Bulletin.

Odum, W.E., C.. McIvor and T. Smith.
1982. The ecology of the mangroves of south Florida; a community
profile. U.S. Fish Widl. Serv. Office Biol. Serv. FWS/BS 81/24.
144 pp.

Rehm, A.E. and H.J. Humm.
1973. Sphaeroma terebrans: a threat to the mangroves of southeastern
FloriTa-. @cience. 182: 173-174.

141

Shier, D.E.
1969. Vermetid reefs and coastal development in the Ten Thousand
Islands, southwest Florida. Geol. Soc. Amer. Bull. 80:485-508.

Thomeke, K.W.
1985. Management strategies for a mangrove estuary. Proc. Fourth Symp.
Coastal Ocean Mg-mt. pp. 1898-1910.

Thoemke, K.W. and K.P. Gyorkos.
1987. Distribution ard abundance of benthic invertebrates in RookEry Pay
National Estuarine Research Reserve. Final Report. NOAA Office
of Oceanic and Coastal Resource Management. 1P. pp.

Vaughan, T.W.
1910. A contribution to the geological history of peninsular Florida.
. Carnegie inst. Washington. Publ. 133.

Voss, G.L.
1976. Seashore Life of Florida and the Caribbeani Banyan Books, Inc.,
Miami. 199 pp.

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

Yokel, B.J.
1975. Estuarine biology. Study No. 5 In: Environmental planning
strategies for the development of a mangrove shoreline. The
Conservation Foundation. Washington, D.C. 112 pp.

Zieman, J.C.
10.82. The ecology of the seagrasses of south Florida; a community
profile. U.S. Fish Wildl. Serv., Office of Biol. Serv.
Washington, D.C. FWS/OBS-82/25. 158 pp.

Zieman, J.C. and R.G. Wetzel.
1980. Methods and rates of productivity in seagrasses. In: R.C.
Phillips and C.P. McRoy, eds. Handbook of Seagrass Biology.
Garland STMP Press, New York. pp. 87-116.

142

CONTENTS OF APPENDICES

A. Florida Aquatic Preserve Act of 1975 (� 258.35-46, F.S.)

B. Administrative Rules for Florida's Aquatic Preserves (� 18-20, F.A.C.)

C. Administrative Rules for Florida Sovereignty Submerged Lands Management
18-21. F.A.C.)

D. Legal Description of Tomoka Marsh Aquatic Preserve.

E. Species List

Copies of the above appendices may be obtained from:

Bureau of Aquatic Preserves
Department of Natural Resources
Cedars Executive Center, Suite 232-6
Mailbox 21, 2639 North Monroe Street
Tallahassee, Florida 32303

143

Appendix B

FLORIDA AQUATIC PRESERVES CHAPTER ~q1~q8-2~0

RULES

OF THE

BOARD OF TRUSTEES OF T~4qHE I.~qN~4q7ERNAL

1~1~-~qN~qIPROVE~2qM~qENT TRUST FUND

CHAPTER 18~-20

FLORIDA AQUATIC PRESERVES

~18-20.001 Intent and provisions of the act and these rules, and to assist in
18~-20.002 Boundaries and Scope of the Preserves managing the preserves;
18~-20.003 Definitions ~qje~) To encourage the pro~tec~:io~n, enhancement or
18~-20.004 ~ql~qla~nag~ement Policies. Standards and restoration of the biological. aesthetic. or scientific values
Criteria of the preserves. including but not limited to the
18~-20.005 Uses, Sales. Leases, or Transfer of modification of existing m~ann~iade conditions toward their
Interests in Lands, or Materials, Held by natural condition, and discourage activities which would
the Board (Repealed) degrade the aesthetic. biological. or scientific values, or the
1~qS~-~20.00~q6 Cumulative Impacts quality, or utility of a preserve, when reviewing applications.
18~-20.007 Protection of Riparian Rights ~qfRepealed~q) or when developing and implementing management plans
18-20.008 Inclusion of La~:~q@~qds~, Title to Which Is Not for the preserves;
Vested in ~the Board, in a Preserve. if) To preserve~,~'promo~re~. and utilize indigenous life
18~-20.009 Establishment or Expansion of Aquatic forms and habitats. including but not Limited to: sponges.
Preserves soft coral. hard corals. submerged grasses. mangroves, salt
18~-20.010 Exchange of Lands water marshes. fresh water marshes. mud fiats. estuarine.
1~q8-20.011 Gifts of Lands aquatic, and marine reptiles. game and non-game fish
1~q8~-20.012 Protection of Indigenous Life~'Forms species, estuarine, aquatic and marine invertebrates.
1~q6-20~.0~q13 Development of Resource Inventories and estuarine. aquatic and m~a~x-~ine mammals. birds. shellfish and
~8qMa~nage~qm~an~t Plans ~qfor Preserves mollusks;
18~-20.014 Enforcement ~q(g) To acquire additional title interests in lands
1~qS~-20.015 Appli~ca~r~qi~on Form (Repealed) wherever such acquisitions would serve to protect or enhance
~q1~q8~-~q20.0~16 Coor~qdi~na~tion~.~%~qi~rh Other Governmental the biological~. aesthetic. or scientific values ~o~qf the preserves:
Agencies (h) To maintain those beneficial hydrologic and
1~q8-20.01~*~7 Lake Jackson Aquatic Preserve biologic functions. the benefits of which accrue to ~t~qhe pu~qbli~-~c
at large.
1~q8-20.001 Intent. (4~q) Nothing in these rules shall serve to ~e~qlim~-inat~e or
(1~) All sovereignty lands within a pre~qierve shall be alter the requirements or authority of o~z~q@~e~r ~g~over~nmer~8qW
managed primarily f~or the main~re~-nance of essentially natural . agencies. including counties and municip~p~qli~t~:e~s. to protect
conditions, the Dr~op~a~q;a~qdon of fish and wildlife. and public or enhance the preserves Drov~ided chat such requirements
recreation. including hunting and fishing where deemed or authority are not inconsistent with the ac~t and this
an ropria~te by the board. and ~the managing agency. chapter.
~qp ~q12) The aquatic preserves which are descr~qi~q@ed ~qi~n ~4~peci ~ic Authority 1~20.5~3. 25~8.~4~1.11~) FS~. Law I~m~p,e~r~ne~u~Le~c 25~6.35~. ~2~@
7~q3-534. Laws of Florida. Sections 258.39, 258.391. 2~q5S.392 ~2~5~5.~3~7. 2~5S.39.25~8.3~93 ~FS.. Chapter ~8~0~-~2~8~0. ~Law~s~x~' Florid~:~@. ~H~i~s~;or~y-~Ne-
2-2~Z~-~8~1. Amended ~6-~3~5. Fo~r~m~e~ri~v 1~6~qQ-20~.0~i~. Tr~a~ns~ierred ~f~-o~m ~1~6Q-2~0.00~1~.
and 258.393. Florida Statutes. future aquatic preserves
established pursuant to general or special acts of the 18~-20.002 Boundaries and Scope of the Preserves.
legislature, and in Rule 1~q6~-20.002, Florida Administrative ~8qM These rules shall only apply to those sovereignty
Code. wcre es~cab~ql~qi~shed for the purpose of being preserved l~ands~%~qithin a preserve. title ~to~qw~qh~qi~ch is vested in the board.
in an essentially natural or existing condition so that their and those other lands for which the board has an appropriate
aesthetic. biological and scientific values may endure for ~the instrument in writing, executed by the owner. authorizing
enjoymen~r of future generations. the inclusion of specific lands in an aquatic preserve
~2q0 The preserves shall be administered and managed pursuant to Section 2~q12) of Chapter ~7~,~3~3~-~q5.~14~. Laws of Florida.
in accordance with the following goals: Sections 258.40(l~) and 25S.41~(5~q). Florida Statutes. future
~q1~a~q) To preserve. protect, and enhance these aquatic preserves established through -general or special acts
exceptional areas of sovereignty submerged lands by of ~the legislature. and pursuant to Rule ~!S~-20~.00~q8. Florida
reasonable regulation of human a~qcti~qvity~q,~q%~4qith~4qin the preserves Administrative Code. Any publicly ~qo~2qw~qn ~qad and maintained
through the development and implementation of a
naviga~4qdon channel author~q-~2q-~q;~q-ed by the United, ~8qS~6qm~qt~qe~qs
comprehensive ma~qnzgemen~qt program; Congre~qss~q. or other Dublic works Dro~q'ject authorized by the
~q(b~q) To protect and enhance the waters of the preserves Uni~qced States Congress. designed to improve or maintain
so that the public may concinue to ~qen~q.~qjo~qy the traditional ~qenmrn~qt~q-r~qc~qe and ~qn~qa~q-~q0~0q7~qa~qri~qnn ~qsh~qn~0qi~0ql h~qp d~qo~qpm~qP~qri to he ~qP~qxr~4qb~qj~qd~q4~qz~qri
recreational uses o~4qf those waters such as swimming, boating, from the ~qu~qrovisions of this chapter, pursuant to Subsection
and fishing: 2~4q58~q.40~q12)~q* Florida Statutes. ~2qFur~qth~qe~qr~qr~qr~qore. all lands lost
~q4c~q) To coordinate with federal. state. and local a~qvulsion or b~q-~q.~q- artificia~8ql~8q)v induced erosion shall be deemed
agencies to aid in carrying out the intent of the L~qegi~q:~q51~qa~qrur~qe excluded fro~qr~q.~q1 the provisions of t~8qi~qi~qis chapter pursu~qa~qnE to
~qin creating the preserves: ~8qSubs~qec~8qd~qon 2~q5~4q8~q.~q40~00qG. Florida Statutes.
~q(d~q) To u~qse ~q-~q-pp~q'~qAcab~qie federal. state. and ~qloc~qc~0ql I~.~q,~q; ~q1~4qh~qes~qe ru~8ql~qus do no: ~qapp~8qi~0q-~q, ~qzo Boca C~4qi~qe~q,g~qU~ql
m~qa,
~qnag~qcm~qen~qr pro~qg-~qa~6qm~qs. which are compatible with~qrhe intent P~q@n~qe~8qlla~qs C~qr~qju~qntv or Bisc~qa~qv~qn~qe Bay Aquatic Preserves.

CHAPTER 18-20 FLORIDA AQUATIC PRESERVES

13@ These rules are promulgated to clarify the County in Book 1143, pages 199-202. and in the Official
responsibilities of the board in carrying out its land Recoras of Indian River County in Book 368. pages 5-8.
management functions as those functions apply within the 9. Indian River - Vero Beach to Fort Pierce Aquatic
preserves. Implementation and responsibility for Preserve, as described in the Official Records of Indian River
environmental permitting of activities and water quality County in Book 368,.pages 9-12. and in the Official Records
protection within the preserves arevesred in the Department of St. Lucie Countv in Book IS,, pages 1083-1086.
of Environmental Regulation. Since these rules are 10. Jensen Beach to Jupiter Inlet Aquatic Preserve.
considered cumulative with other rules. a person planning as described in the Official Records of St. Lucie County in
an activity within the preserves should also consult the other Book 216, pages 2865-2869.
applicable department rules (Chapter 18-21. Florida 11. -North Fork. St. Lucie Aquatic Preserve. as
Administrative Code. for examplei as well as the rules of described in the Official Records of Martin Countv in Book
the Department of Environmental Regulation. 3037., pages 2159-2162. and in the Official Records of St. Lucie
(4) These rules shall not affect previous actions of the County in Book 201. pages 1676-1679.
board concerning the issuance of any easement or lease: or 12. Loxahatchee River - Lake Worth Creek Aquatic
any disclaimer concerning sovereignty lands. Preserve, as described in the Official Records oi Martin
(5) The intent and specific provisions expressed in County in Book 320, pages 193-196, and in the Official
18-20.00lie) and (f) apply generally to all existing or future Recoras of Palm Beach County in Volume 1860. pages
aquatic preserves within the scope of this chapter. Upon 806-809.
completion of a resource inventory and approval of a 13. Biscayne Bay - Cape Florida to Monroe County
management plan for a preserve. pursuant to 18-20.013, the Line Aquatic Preserve, as described in the Official Records
type -designation and the resource sought to be preserved of Dade Countv in Book 7055, pages 852-856. less. however,
may be@ readdressed by the Board. those lands ana waters as described in Section 258.165. F.S..
161 For the purpose of ciariftation and interpretation. (Biscayne Bay Aquatic Preserve Act of 1974), and those
the legal description set forth as f ollows do not include any lands and waters within the Biscavne National Park.
land which is expressly recognized as privaiely owned upland 14. Lignumvitae Key Aquatic Preserve. as described
in a pre-existing recorded mean high water line settlement in the Official Records of Monroe County in Book 502. pages
agreement between the 'board and a private owner or owners. 139-142.
Provided. however, in those instances wherein a settlement 15, Coupon Bight Aquatic Preserve, as described in
agreement was executed subsequent to the passage of the the Official Records of Monroe County in Book 502. pages
-Florida Coastal Mapping Act. the determination of the mean 1.43-146. 1 . M
high water line shall be in accordance with the provisions 16. Cape Romano - Ten Thousand Islands Aquatic
of such act. Preserve. as described in the Official Records of @ollier
(7) Persons interested in obtaining details of County in Book 381. pages 298-301.
particular preserves should contact the Bureau of State i7. Rookerv Bav Acuatic Preserve. as described in
-Lands Management. Department of Natural Resources, Section 258.39(31'@, F.S. '
3900 Commonwealth Blvd., Tallahassee. FL 32303 18. Estero Bav Acuatic Preserve as described in
iceiephone 904-486-2297). Section 258.39(26), F@Iorid`a Statutes.
a@ The preserves are described as follows: 19. Pine Island Sound Aquatic Preserve. as described
1. For Clinch State Park Aquatic Preserve, as in the- Official Records of Lee Countv in Book 64E. pa-Zes
described in the Official Records of Nassau County in Book 732-736.
106. pages 343-346, and in Book ill. page 409. 20. Matlacha Pass Aquatic Preserve. as described in
2. Nassau River - St. Johns River Marshes Aquatic the Official Records of Lee Count-Y in Book 800, pages
Preserve. as described in the Official Records of Duval 725-728.
Countv in Volume 3183. pages 547-552. and in the Official 21. Gasparilla Sound - Charlotte Harbor Aquatic
Recoras of Nassau County in Book 106, pages 232-237. Preserve, as described in Section 258.392. F.S.
3. Pellicer Creek Aquatic Preserve. as described in the 22. Cape Haze Aquatic Preserve. as described in
Official Records of St. Johns County in Book 111, pages Seclion 251.311211, F,S*
363-366. and in the Official Records of Fiagler County in 423. Cockroach Bay Aquatic Preserve, as described in
Book 33. pages 131-134. Section 258.391, F.S.
4. Tomoka'Marsh Aquatic Preserve. as described in 24. St. -Martins Marsh Aquatic Preserve. as described
the Official Records of Flagler County in Book 33. pages in the Official Reccrds ofCitrus County in Book 276, pages
135-138, and in the Official Records of Volusia County in 238-241.
Book 1244, pages 615-618. 25. Alligator Harbor Aquatic Preserve. as described
5. Wekiva River Aquatic Preserve. as described in in the Official Records of Franklin County in Voiume 96,
Section 258.39(30), F.S. pages 82-85.
6. Mosquito Lagoon Aquatic Preserve. as described 26. Apalachicola Bay Aquatic Preserve, ass described
in the Official Records of Volusia Countv in Book 1244. tri the Official Records of Gulf County in Book 46. pages
pages 619-623. and in the Official Records o@ Brevard County 77-81, and in the Official Records of'Frankiin Count,%. in
in Book 1143, pages 190-194. Volume 98, pages 102-106.
Banana River Aquatic Preserve. as described in the 27. St. Joseph Bay Aquatic Preserve, as described
Official Records of Brevard Countv in Book 1143, pages in the 6fficial Records ot Gull Counti, in Book 46, oaaes
195-196, less those lands dedicated to the U. S. A. prior to 7, 3-7 6.
the enactment of the act. until such time as the U. S. A. no 28. St. And-fiws State Park Aquatic Preservc. as
longer wishes to maintain such lands for the purpose for described in the Official Records of Bay Ccrunty in Book 317, 9.
which they were dedicated. at which. time such lands wouid pages 547-550.
revert to the board. and be rrianagid as part of the preserve. r 29. Rocky Bayou State Park Aquatic Pre .ser,-e. as
S. Indian River - Malabar to Sebastian Aquatic described in the Officio! R@@cords oi Ok2locsa Count,; Li Book
593, pages
Preserve. as described in the Offficial Records of Brevard 45.

FLORIDA AQUATIC PRESERVES CHAPTER 18-20

Jc
30. Yellow River Marsh Aquatic Preserve, as water-marshes. mud flats, marine, estuarine. and aquat'
described in the Official Records of Santa Rosa County in reptiles. games and non-games fish species, marine.
Book 206. pages 568-571. estuarine. and aquatic mammals. marine, estuarine. and
31. Fort Pickens State Park Aouaric Preserve, as aquatic invertebrates. birds and shellfish.
described in the Official Records of Santa Rosa County in . (8) "Board- means the Governor and Cabinet sitting
Book 220, pages 60-63. in the Official Records of Escambia as the Board of Trustees of the Internal Improvement Trust
County in Book 518. pages 659-662. less the lands dedicated Fund.
to the U. S. A. for the establishment of the Gulf Islands (9) "Channel" means a trench. the bottom of which
National Seashore prior to the enactment of the act. until is normally covered entirely by water. with the upper edges
such time as the U. S. A. no longer,%vishes to maintain such of its sides normally below water.
lands for the purpose for which they were dedicated. at which U) "Commercial, industrial and other revenue
time such lands would revert to the board and be managed generating/income related docks" means docking facilities
as part of the preserve. for an activity which produces income, through rental or any
32. For the purpose of this section the boundaries of other means, or which serves as an accessory facility 114D other
the Lake Jackson Aquatic Preserve. shall be the body of rental. commercial or industrial operations. It shall include.
water in Leon Countv known as Lake Jackson in Sections but not be limited to docking for: marinas, restaurants,
1, 2, 3, 5, 10, 11 and 14, Township I North. Range 1 West hotels. motels, commercial fishing, shipping, boat or ship
and Sections 11, 12, 13. 14. 15. 21, 22, 23, 26. 27, 28, 219. construction, repair. and sales.
32, 33. 34, and 35, Township 2 North. Range 1 West lying (11) "Department" means the State of Florida
below the ordinary high water line. Such lands shall include Department of Natural Resources, as administrator for the
the iubmerged bottom lands and the water column upon board.
such lands, as well as all publicly owned islands, within the (12) "Division" means the Division of State Lands.
boundaries of the preserve. Any privately held upland within which performs all staff duties and functions related to the
the boundaries of the preserve shall be deemed to be administration of lands title to which is, or will be, vested
excluded therefrom; provided that the Board may negotiate in the board. pursuant to section 253.002. F.S.
an arrangement with any such private upland owner by (13) "Dock" means a fixed or floating structure,
which such land may be included in the preserve. including moorings, used for the purpose of berrhLng
33. Terra Ceia Aquatic Preserve. as described in buoyant vessels either temporarily or indefinitely.
Section 258.393, Florida Statutes. (14) "Essentially natural condition" means those
34. Future aquatic preserves established pursuant to functions which support the continued existence or
general or special acts of the legislature. encourage the restoration of the diverse population of
SpeCifiC Authority 120.53. 258.4311) FS. Low Implemented 252.39. 258.391. indigenous life forms and habitats to the extent they exisced
258.392. 258.393. 258.40. 256.41. 258.42. 25S.43. 256.44. 258A5 FS. Hisrorv-
prior to the significant development, adjacent to and within
New 2-23-61, Amzrd-c 6-7-85, Forrnerl-; 16Q-20.02. 1'ransierred from
16Q-20.002. the preserve.
(15) "Extreme hardship" means a significant burden.
18-20.003 Definitions. When used in these rules. the unique to the applicant and not shared by - e
. property own rs
following words sl@all have the indicated meaning unless the in the area. Self-imposed circumstances caused to any aegre-
context, clearly indicates othervvise: by actions of any person subsequent to the enacttnem of
(1) "Act" means the provisions of Section 258.35 tile Act shall not be construed as an extreme '_=-dship.
through 258.46, F.S., the Florida Aquatic Preserve Act. Extreme hardship under this act shall no: be construed to
(2) -Activiry" means any project and such other include any hardship which arises in whole or in part irom
human action within the preserve requiring board approval the effect. of other federal, state or local laws. ordinances.
for the use, sale. lease or transfer oi interest in sovereignty rules or regulations. The term may be inberent in public
lands or materials. or which may require a license from the projects which are shown to be a public necessity.
Department of Environmental Reguladon. (161 "Fill" means materi@ls from any source.
(3) "Aesthetic values" means scenic characteristics deposited by any means onto sovereignty lands. either for
or amenities of the preserve in its essentially natural state the purpose of creating new uplands or for any other purpose.
or condition, and the maLmenance thereof. including spoiling of dredged materials. For the purpose of
(4) "AD licant " means any person making application this rule, the placement of pilings or riprap shall not be
I p
for a permit. license. conveyance of an interest in state owned considered to be filling.
lands or any other necessary form of governmental approval 117) "Lease" means a conveyance of interest in lands.
in order to perform an activity %ithin the preserve. title to which is vested in the board, granted in accordance
(5) "Beneficial biological functions" means with specific terms set forth in writing.
interactions between flora. fauna and physical or chemical (18@ -2\4arina** means a small craft harbor compiex
attributes of the environment, which provide benefits that used primarily for recreation.
accrue to the public at large, including. but not limited cc: (19) "dil and gas transportation facilities- means
nutrient, pesticide and heavy metal uptake: sediment those st tructures necessary for the movement of oil and gas
retention: nutrient conversion robiomacs; nutrient recycling from the oroduction site to the consumer.
and oxygenation. (20i -Person- means individuals, minors.
(@) "Beneficial hydrological functions" means partnerships, corporations, joint ventures. estates. trusts.
interactions between flora. fauna and vhvsical 2eolozicz@ or --dicpt@ps, fidticipries, fi- P.P.6 a3) r-thar Pe5oc;ptions and
geographical attributes of the environment. which provide comb,"nations. whether public or private. including
benefits that accrue to the public at large. including, out governmental entities.
not limited to: retardation oi storm water flow; EtormA ater means a structure in. on, or over
retention: and water storage, and periodical release: sovereignty lands, which is used by the public rrimarii-.- -1cr
(7) -Biologncal values- means the preEervacion and fishing. swimming, or view@ng the preserve. A Pier shall not
promotion of indigenous life forms and habitats including. include a dock.
but no",' limited to: sponges, soft corals, hard corals. (22) -Presene- means anv and all of those areas
submerged grasses, rr=groves. saltwater marshes. fresh which are exceptional areas of sovereignty lands and the

CHAPTER 18-9-0 FLORIDA AQUATIC PRESERVES

associated water body so designated in Section 258.39. (33) "Resource Protection Area 3" - Areas within
258.391, and 258.392, @.S., including all sovereignty lands. the aquatic preserve that are characterized by the absence
title to which is vested in the board. and such oth@r lands of any significant, natural resource attributes.
as the board may acquire or approve for inclusion, and the (34), -Riparian rights" means those rights incident to
water column over such lands, which have been set aside lands bordering upon navigable waters, as recognized by the
to be maintained in an essentially natural or existing courts of this state and common law.
condition of indigenous flora and fauna and their supporting (35@ "Sale" means a conveyance of interest in lands.
habitat and the natural scenic qualities and amenities by the board. for consideration.
thereof. (36) "Scientific values" means the preservation and
123) "Private residential single dock" means a dock promotion of certain qualities or features which have
which is used for private, recreational or leisure purposes scientific significance.
for a single family residence. cottage or other such single W) "Shore protection structure** means a ome oi
dwelling unit and@which is designed to moor no more than coastal construction designed to minmize the rate of eriosion.
two boats. Coastal construction includes any work or activity which
(214) . ,Private residential multi-slip dock" means a is likely to have a material physical effect on existing coastal
docking facility which is used for private recreational or conditions or natural shore processes.
leisure purposes for muld-unit residential dwellings which W) "Sovereignty lands- means those lands
shall include but is not limited to condominiums, including. but not limite@ to: ricial lands. islands. sandbars.
townhouses, subdivisions and other such dwellings or shallow banks, and lands warerward of the ordinary or mean
residential areas and which is designed to moor three or more highwater line. to which the State of Florida acquired title
boats, Yach, clubs associated %ith residential developments, on March 1, 11145, by virtue of statehood, and of which it
whose memberships or utilization of the docking facility has not since divest;ed its title interest. For the purposes
requires some real property interest in the residential area, of this rule sovereignty lands shall include all submerged
shall also be included. lands within the boundaries of the preserve. title to which
l25) "Public interest" means demonstrable is held bv the board.
environmental, social. and economic benefits which would @36) -Spoil- means materials dredged from
accrue to the public at large as a result. of a proposed action. sovereignty lands which are redeposited or discarded by any
and which would cleariv exceed all demonstrable means. onto either sovereignty lands or uplands.
environmental. social. and economic costs of the proposed 140) "Transfer" means the act of the board bv which
action. In determining the public interest in a request for any interest in lands, including easements, other i;han sale
use. sale, lease. or transfer of interest in sovereignty lands or*lease. is conveved.
or severance of materials from sovereignty lands, the board 141) "Utilit y of the preserve" means fitness of the
shall consider the ultimate project and purpose to be served. preserve for the present and future enio- ,y-ment of its
by said use. sale. lease. or transfer of lands or materials. biological, aesthetic and scientific values. in an essentially
(26) "Public navigation project" means a project natural condition.
primarily for the purpose of navigation which is authorL-ed (42) "Water dependent activity" means an activity
and funded by the Urited States Congress or by port which can onix, be co-nducted on. in. over, nr adjacent, to.
authorities as defined by Section 315.020. F.S. water areas because the activity requires direct, access tc.
(277) "Public necessity- means the works or the water body or sovere' gnty lands for transportation,
improvements required for the protection of the health and recreation. energy production or transmission - or source of
saievy of the public. consistent, with the Act and these rules. water and where the use of the water or sovereignty lands
for N@hich no other reasonable alternative exists. is an integral part of the acti-,rity.
(28) "Public utilities" means those services, provided Specific Authority 258.43(l) FS. Law I=piemeyited 258.37. 258.43tIll FS.
bv versons regulated by the Public Service Commission, or Historv-New 2-2J:.81.Amended S-7-55. Formerly 16Q-20.03. Transierred from
m@hich are pro-vided by rural cooperatives, municipaliries. or 16Q-26.003.
other governmental agencies. including electricity,
telephone, public water and wastewater services. and 18-20.004 'Management Policies, Standards and
structures necessary for the provision of these services. Criteria. The following management policies. standards and
(29) "Quaiiity of the preserve" means the degree of criteria are supplemental to Chapter 18-21. Florida
the biological, aesthetic and scientific values of the preserve Administrative Code (Sovereigntv Submerged Lands
necessary for present and future enjoyment of it in an Management) and shall be utilizedm determiming whether
essenzia@y natural condition. to approve. approve -with conditions or modifications or deny
(30) "Resource management agreement'* means a all requests for activities on sovereignty lands in aquatic
contractual agreement between the board and one or more preserves.
parties whl'ch does not create an interest in real property (1) GENERAL PROPRIETARY
but merely authorizes conduct of certain management ia) In determining whether to approve or deny any
activities on lands held by the board. request the Board will evaluate each on a case-by-case basis
131) "Resource Protection Area (RPA) 1" - Areas and weigh any factors reiev*a'nt under Chapter@253 and. or
ithin the aquanc preserves which have resources of the 258. Florida @tatutes. The Board. acting as Trustees for all
highest quality and condition for that area. These resources state-owned lands. reserves the right to approve. modify or
mav include, but are not limited to corals: marine grassbecis; reject any proposal.
mangrove swamps: salt-water marsh@ oyster bars-, (b) 1@here shall ' be no turther sale, ie&tse or transfer oi
archaeological and historical sites; enciangered or threatened sovereignty lands excepz, when such sale. lease or transfer
species habitat; and. colonW water bird nesting sires. is in the public interert @see Section 18-20.00412) Public
(32) -Resource Protection Area 2" - Areas within Interest Assessment Criteria).
-uccion is
the aquatic preserves which are in transition with either (cl There shall be no co istT of stawall
decliming resource protection area I resources or new waLerward of the mean o- ordinarv @Lvh water li-e. oi- fUlin-
pioneering resources within resource protection area 3. waterward of the mean or ordinar-! high water line excepL

FLORIDA AQUATIC PRESERVES CHAPTER 19-20

in the case of public road and bridge projects where no 1. anv benefits that are balanced against the costs
reasonable alternative exists. of a particular project shall be related to the affected aquatc
1d) There shall. in no case. be any dredging waEerward preserve:
of the mean or ordinary high water line for the sole or 2. in evaluating the benefits and costs of each request.
primary purpose of providing fill for any area landward of specific consideration and weight shall be given to the
the mean or ordinary high water line. quality and nature of the specific aquatic preserve. Projects
le) A lease, easement or consent of use may be in the-less developed. more pristine aquatic preserves such
authorized on1v for the following activities: as Apalachicola Bay shall be subject to a higher standard
1. a public navigation project; than the more deviloped urban aquatic preserves such as
2. maintenance of an existing navigational channel: Boca Ciega Bay: and.
3. installation or maintenance of approved 3. for projects in aquatic preserves with adopted
navigational aids; management plans. consistency with the management plan
4. creation or maintenance of a commerciallindustrial will be weighed heavily when determining whether the
dock. pier or a marina; project is in the public interest.
5. creation or maintenance of private docks for (b) BENEFIT CATEGORIES:
reasonable ingress and egress of riparian owners: 1. public access (public boat ramps. boaEslips, etc.):
6. minimum dredging for navigation channels 2. provide boating and marina services irepair,
attendant to docking facilities-
purnpout, et;c.);
7. creation or mainEenance of a shore protection 3. improve and enhance public health, saferl, welfare,
structure; and law enforcement:
. 8. installation or maintenance of oil and gas 4. improved public land management;
transportation facilities; 5. improve and enhance public navigation:
9. creation. maintenance, replacement or expansion 6. imt)rove and enhance water qualitv;
of facilities required for the provision of public utilities: and oration of narur@l habitat and
7. en@ancementiresr
10. other activities which are a pHblic necessity or functions: and
which are necessary to enhance the quality or utility of the 8. improveiprotect/endangered/threatened/unique
preserve and which are consistent with the act and this species.
chapter. (c) COSTS:
If) For activities listed in paragraphs 1. reducecL,degraded water quality;
18-20-004MWI,10. above. the activity shall be designed so 2. reducedIdegraded natural habitat and function:
that the structure or structures to be built in. on or over .3. destruction. harm or harassment of endangered or
sovereignty lands are limited to structures necessary to
threatened species and habitat;
conduct water dependent activities. 4. preemption of public use:
Ig) For activities listed in paragraphs 18-210.004(1)(e)% 5. increasing navigational hazards and congestion:
S.. 9. and 10. above, it must be demonstrated that no other 6. reduceddegraded aesthetics: and
reasonable alternative exists which wotild allow the proposed 7. adverse cumulative imr)acts.
activitv to be constructed or undertaken outside the (d) EXAMPLES OF SP-r,:C!FI'C BENEFITS:
preserve. 1. donation o' land. conservwdoii easements.
(h) The use of state-owned lands for the purpose of restrictive covenants or orher title interests in or contiguous
providing private or public road access to islands where such to the aquatic preserve wl-Lich will protect; or enhance zhe
access did not previously exist shall be prohibited. The use aquatic preserve:
of state-owned lands for' the purpose of providing private 2. providing access or facilities for public land
or public water supply to islands where such water supply management; activities:
did not previously exist shall be prohibited. 3. providing public access ease-nents anciJorfacmilides.
M Except for public navigation projects and such as beach access, boat ramps, etc.:
maincenance dredging for existing channels and basins, any 4. restorationienhancement of altered habitat or
areas dredged to improve or create navigational access shal.1 natural functions. such as conversion of vertical bulkheads
be incorporated into the preempred area of any required lease to riprap, andlor vegetation for shoreline stabilization or re-
or be subject to the payment of a negotiated private establishment of shoreline or submerged vegetation:
easement fee. 5. improving fishery habitat through the
0) Private residential multi-slip docking facilides shall establishment of artificial reefs or other such projects, where
require a lease. appropriate;
(k) Aquaculture and beach renourishment activities 6. providing sewage pumpout facilities where
which comply with the standards of this rule chapter and normally not required, in particular. facilities open to the
Chapter 18-@I. Florida Administrative Code, may be general'public;
approved by the board. but only subsequent to a formal 7. improvements to water quality such as removal of
finding of compatibility with the purposes of Chapter 258. toxic sediments, increased flushing and circulation. etc.:
Florida Statutes. and this rule chapter. S. providing upland dry storage as an alternative to
(1) Other uses of the perserve, or human activity wecslip; and
within the preserve. although not originally cortemplaEed, 9. marking navigation channels to avoid disruption
may be approved by the board. but only subsequent to a of shallow water habitats.
'u, Lwu' "'"Llijig v, L;oja,1j*L;;j1LY wiLh the purpusub v! CLitiptier 3) RESOURCE MANAGEMENT
258. Florida Statutes. and this rule chaDter. (a) All proposed activities in aquatic preserves hLiving,
(2) PUTBLIC I.N`TERE,ST ASSESSMENT CRITERIA management plans adopted Dy the Board must dernonsrrace
In evaluating requests for the sale. lease or transfer that such activities are consistent with the managerr-cnt
of interest, a balancing test will be utilized to deterM.Mie plan.
whether the social. economic andior environ-nenzal benefits (b) No drilling of oil. gas or other such wells shLl'ie
ciearly exceed the costs. allowed.
(ai GaNERAL BEXEFIT!COST CRI=,II- (c) Utility cables. pipes and other such structures shall'

CHAPTER 18-20 FLORIDA AQUATIC PRESERVES

be constructed and located L-i a manner that will cause 6. terminal platform size shall be no more than 160
minimal disturbance to submerged land resources such as square feec; and
oyster bars and submerged grass beds and do not interefere 7. dredging to obtain navigable water depths in
with traditional Dublic uses. conjunction with private residential. single dock applications
(d) Spoil alsposal within the preserves shall be is strongly discouraged.
strongly discouraged and may be approved only where the (c) Private residential mulri-slip docks shall conform
applicant has demonstrated that there is no other reasonable to the following specific design standards and criteria:
alternative and that activirv may be beneficial to, or at a 1. the area of sovereignty.' submerged land preempted
um, not harmful to 'the quality and utility of the by the docking facility shall not exceed the square footage
preserve. amounting to ten times the riparian Nvatertront footage of
(4) RIPARIAN RIGHTS the affected waterbody of the applicant. or the square
1a) None of the provisions of this rule shall be footage attendant to providing a single dock in accordance
implemented in a manner that would unreasonably infringe with the criteria for private residential single docks.
uDon the traditional, common law and statutory riparian whichever is greater. A conservation easement or ocher such
rights of upland riparian property owners adjacent to use restriction acceptable to the Board must be placed on
sovereignty lands. the riparian shoreline, used for the calculation Of the 10-.1
ib) The evaluation and determination of the threshold, to conserve and protect shoreline resources and
reasonable riparian rights of ingress and egress for private, subordinaEeJwaive any further riparian rights of ingress and
residential multi-slip docks shall be based upon the number egress for additionaf docking facilities:
of linear feet of riparian shoreline. 2. docking facilities and access channels shall be
1c) For the purposes of this rule, a private. residential. prohibited in Resource Protection Area 1 or 2. except as
single*docking facility which meets all the requirements Of allowed pursuant to Section 258.420iol.. Florida Statutes,
Rule 18-20.004(5) shall be deemed to meet the public interest while dredging in Resource Protection Area 3 shall be
requirements of Rule 18-20.004(l)(b), Florida Admihistrative strongly discouraged:
Code. However. the applicants for such docking facilities 3. docking facilities shall only be approved in
must apply for such consent and must meet all of the locations having adequate existing water depths in theboaL
requirements and standards of this rule chapter. mooring, turning basin. access channels. and other such
15) STANDARDS AND CRITERIA FOR areas which will accommodate the proposed boat use in order
DOCKING FACILITIES to insure that a minimum of one foot clearance is provided
(a) All docking facilities. whether for a single or multi- between the deepest draft of a vessel and the bottom at mean
slip residential or commercial. shadl be subject to the low water:
following standards and criteria: 4. main access cocks and connecting or cross walks
1. no dock shall extend waterward or the mean or shall not exceed six (6@ feet in ividth:
ordinary high water line more than 500 feet or 20 percent 5. terminal piatfom-s shall not exceed eight (8) feet
of the width of the waterbody at that particular location in width:
whichever is less: 6. finger piers shall not exceed three 2 :,) feeLin w;dc'-.
2. certain docks mav fall wi&im areas of soecial or and 25 feet in lenath:
unique importance. These areas may be of significant 7. pilings may be utilized as required zo prov,-@e
biologicai. scientific, historic an&or aesthetic vrdue and adequate mooring caDabiliies; and
require special management considerations. Modifications 8. the fouowln,g provisions of Rule 18-20.004(5)td@
may be more restrictive than the normally accepted criteria. shall adso apply to private residential multi-slip docks.
Such modifications shall be determinecf on a case-by-case (d) CommerciaL industrial and other revenue
analysis, and may include. but shall not be limited to changes generating!income related docking facilizies shall conionn
in location, configuration. length. width and height; to the following specific design standards and criteria:
3. the number, lengths. drafts and tv
. pes of vessels 1. docking facilities shall only be located iti or near
allowed to utilize the proposed facility may also be areas with good circulation, flushig and adequate water
stipulated; and depths;
4. where local governments have more stringent 2. docking facilities and access channels shall be
standards and criteria for docking facilities, the more prohibited in Resource Protection Area I or 2. except as
stringent standards for the protection and enhancement of allowed pursuant to Sections 258.42(31(01., Florida Scarutes;
the aquatic prese-%,e shall prevaiL while dredging in Resource Protection Area 3 shall be
(b) Private residential single docks shall conform to strongly discouraged;
the following specific design standards and criteria: 3' the dockincy facilities shall not be located in
1. any main access dock shall be limited to' a Resource Protection Area I or 2: however. main access docks
maximum width of four (4) fee,.; may be allowed to pass through Resource Protection Area
2. the dock decking design and construction will I or .2. that are located along the shoreline. to reach ar
insure in aximum light penetration, with full consideration acceptable Resource Protection Area 3. provided that such
of safet-, and practicality; crossing will generate minimal environmental impac-.-
3. the dock will extend out from the shoreline no 4. beginning July 1. 1986 new docking facilities ma,%
further than to a maximum depth of minus four (-4) feet obtain a lease only whiere the local governments have an
iust:tui iu@v wa@er'j; 3dapted marina Dian andlor policies dealingwitz, the siting
4. when the water depth is minus four (-41 feet Imean of commercialdridustrial and Drivate, residential. muld-slip
low water) at an existing bulkhead the maximum dock length docking facilities in their loc@l governme-it cornprenensive
from the bulkhead shall be 25 feet, -subject to modifications plan;
accommodating shoreline vegetation overhang; 5. the siting of the docking facilities shall --!so take
0. wave break devices, when necessary. shall be into accv-nit the access of the boat traffic to avoid marine
designed to allow for maximum water circulation and shall grassbeds or other aquatic resources in the szr,-ound:ng
be built in such a manner as to be part of the dock structure: areas:

FLORIDA AQUATIC PRESERVES CHAPTER 1~q&2~q0

6. the siting of new facilities within the preserve shall Specific Authority 25~8.43111 FS. Law Implemented 25~6.36. 25~6.43. 2~5~8.44 FS.
be secondary to the expansions of existing facilities- within ~h~istory~-New 2-~25~-~61. Formerly 1~6~Q~-20.06. Transferred from 16Q~-20.006.
the preserve when such expansion is consistent with the 1~qS~-20.~q007 Protection of Riparian Rights.
other standards: ~QPacific Au~t~ho~ri~cy 2~58.4311~1 FS~. Law Implemented 258.123. 2~5~6.124161. 25~8.44
. the location of new facilities and expansion of F~S. His~torv-New ~2-2~&~-~6~1~. Repealed ~8-7~-~65. Formerly 16Q-~20~.0~7. Transferred
existing facilities shall consider the use of upland dry storage ~f~r~o~rn ~'6~qQ~-~qi~0~.~007.
as an alternative to multiple wet-slip docking-, 18-20.008 Inclusion of Lands, Title to Which Is Not
8. marina siting will be coordinated with local Vested in the Board. in a Preserve.
governments to insure consistency with a~ql~ql local plans and
ordinances: ~q(1~q) Lands and water bottoms which are within
9. marinas shall not be sited within state designated designated aquatic preserve boundaries, or adjacent thereto
and which are owned by other governmental agencies. may
manatee sanctuaries: and
be included in an aquatic preserve upon specific
10. in ~an~v areas with known manatee concentrations.
authorization for inclusion by an appropriate instrument in
manatee w~a~r~m~I~ng~qinotice and~ior speed limit signs shall be
erected at the marina and~q)or ingress and egress channels. writing executed by the ager~i~qn
according to Florida Marine Patrol specifications. ~q(2~1 Lands a~nd water b~'o~'~ttoms which are wi~q@~qhi~'
~qle) Exceptions to the standa~rds~q7and criteria listed in designated aquatic preserve boundaries or adjacent thereto.
Rule 1~q8~-20.004(5), Florida Admini trative Code, may. be and which are in private ownership. may be included in an
aquatic preserve upon specific authorization for inclusion
considered. but o~nl upon demonstration by the applicant
~qy by an appropriate instrument in writing executed b~v the
that such exceptions are necessary to insure reasonable
ripa~,rian ingress and egress. owner (3~q) The appropriate instrument shall be either a
~(6) MANAGEMENT AGRE~qEMEN~2q7S
The board ma~v enter into management agreements dedication in perpetuity, or a lease. Such lease shall contain
with local agencies fo~'r the at~irninistration and enforcement the following conditions:
of standards a~nd criteria for private residential ~s~qi~n~qk~qle docks. (a) T~qher term of the lease shall be for a ~r~~nini~nnum
Specific Authority 253.03. 258.4311~) FS. Law Implemented 253.03. 258.4~1. period of ten years.
2~5~6.~42.2~5~6.43~(~425~8.~-~@4 FS. Hi~s~tor~v-~New ~2~-2~5~4~1. Amended ~&7~-~65. Forme~r~iv ~qfb~q) The board shall have the power and duty to enforce
I~SQ~-20.04~. Transferred from I~SQ~-~qio.00~4. the provisions of each lease agreement, and shall addi~tio~na~ql~ql~v
have the power ~to terminate any lease if the re~rrninat~qion ~1~:~5
1~8q&20~.00~q5 Uses. Sales, Leases, or Tr~a~n fer of Interests in the best interest of the aquatic preserve system, and shall
in Lands. or Materials, Held by the Board. have the power to include such lands in any agreement for
Specific Authority 25~8.~4~3~(~' 1 FS~. Law ~Im~p~i~eme~n~oed 25~3~.0~2. ~2~5~3~.1~12~5~&42 FS~. management of such ~qiands~.
Hi~s~to~m~-New 2-2~5-81. Repealed ~&~T~-~6~6~. Formerly 16Q~-~20.05. Tra~n~s~!erre~d from
1~6~Q~-20.00~5. ~q(c~ql The board shall pay no more than S~q1 per year for
~a~nv such lease.
18~-20.006 Cumulative Impacts. In evaluating specific Authority 25~6.43~11~1 ~T~S Law Implemented 25~8~.~4~@. 2~5~5.~4~' F~S~.
applications for activities within the preserves or which may H~is~wry-~N~iew 2-2~5-81. F~ormer~i~y ~'~,~;~qQ-20.~O~E. Tra~n~s~i~err~ed from 1~6~qQ-2~0.00~@~
impact the preserves. ~the ~qdepar~t~qmen~: recognizes that, while
a particular alteration of ~the preserve may constitute a minor
change, the cumulative effect o~t num~- ~erous such ch~a~n~zes 18~-20.009 Establishment or Expansion ~o~@ Aquatic
often results in major impairments to the resources of ~the P~Teserve~s.
preserve. Therefore. the depar~tmen~E shall evaluate ~a (1) The board may expand existing preserves or
particular site for which the activity is proposed with the establish a~qddi~ci~on~a~i areas ~to be included in ~the aquatic
recognition that the activity may, ~i~n conjunction with other preserve system. subject to confirmation b~y "he legislature.
activities adversely affect the preserve which is part of a (2) The board may. after ~. public notice and public
complete and inte~r~q@ela~ted system. The impact; of a proposed hearing in the county or counties in which ~the proposed
activity shall be cons~qidere~qdin light; of i~ts cumulative impact expanded or ne~qw Dr~eserve is ~to be located. adopt a resolution
on the preserve's natural system. The department shall formally set~ti~ng'aside such areas to be included in the
include as a part of its evaluation of an activity: system.
~(1~q) The number and extent of similar human actions (3) The resolution setting aside an aquatic preserve
within the preserve which have previously affected or are area shall include:
likely to affect the preserve, whether considered by the ~1a) A legal description of ~the area to be included. A
department under its current authority or which existed map depicting the legal description shall also be attached.
prior to or since the enactment of the Act; and (b) The designation of the type of aquatic preserve.
(2) The~similar activities within the preserve which (c~) A general statement of what is sou~qi~q@~t to be
are current~qiv under consideration by the department: and preserved.
(3) Direct and indirect effec~ts~*upon the preserve and (d) A statement that the area established as a
adjacent preserves, if applicable. which may reasonably be preserve shall be subject to the management criteria and
expected to result from the activity; and directives of this chapter.
(4) The extent to which the activity is consistent ~0qi~q%~4qlth ~0q(e~8q) A directive to develop a natural resource inventor~q.~q-
management plans for the preserve, when developed: and and a ~qi~2qnara~qgement plan for the area being established as
(5) The extent to which ~qthe activity is permissible an aquatic preserve.
within the preserve in accordance with c~qo~qrnp~q*re~4qhen~qsive plans ~q(4) Within 30 days of the. d~2qes~0qigna~q.~qtio~q.n ~q@~qind
adopted by affected local governments. pursuant to section establishment of an ~qa~qouaric preserve. ~qche board sha~qu re~qcorc.
16~8q3.3161. ~8qF~q.S~q.. and other applicable plans ado~qoted by lo~4qial. in the public records ~4q@~04qf~04qt~4qhe c~q'o~qun~qry or counties in which the
state, and federal gove~qrn~2qmenral agencies: preserve i~qs located a legal description of the preserve.
(6~4q) The extent to which ~qt~8qhe 'loss of beneficial Specific Au~qth~qor~qi~qcy 258.43~q11~q, FS. Low I~qm~qp~qieme~qnce~qd 2~q5~q@.~q41 ~qF~qS~q. History-Nev.
hydrologic and biologic functions would. adversely impact F~qor~qme~qn~ql~qy 16Q-2~q0.0~qi~q@~q. Transferred from 16Q~q-20.~qO~qD~qC~q-~q.
~qt~6q@e quality or u~qr~0qi~4ql~qit~qy o~0qf the preserve: and 18-20.010 ~2qExch~qan~~0qg~qe of Lands. ~8qTh~qe board in its
~00qM the exten't to which mitigation measures may ~0q=cre~qtion may exchange lands for the be~qrefic of ~qL~4qhe pre~qs~qe~2qn~q-~qe~q.
compensa~qLe for adverse impac~q:s. provided that:

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