Terra Ceia aquatic preserve management plan

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

DRAFT
@TERRA CEIA AQUATIC PRESERVE
MANAGEMENT PLAN

DECEMBER 1986

Dr. Elton J. Gissendanner

Executive Director

Department of Natural Resources

This plan was prepared by
The Bureau of Land and Aquatic Resource Management
Division of Recreation and Parks

Preparation of this management plan was primarily.supported 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 Manage-
ment Act of 1972 as amended.

TABLE OF CONTENTS

Chapter Page

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

II. MANAGEMENT AUTHORITY ............................................ 8

III. MAJOR PROGRAM POLICY DIRECTIVES ................................. 19

IV. RESOURCE DESCRIPTION ............................................ 24

A. Profile of the Tampa Bay Area ............................... @24

B. Historic Notes .............................................. 26

C. Population and Economic Considerations ...................... 28

D. Land Use and Infrastructure Overview ........................ 30

E. General Overview ............................................ 33

V. RESOURCE MANAGEMENT ............................................. 47

A. Introduction .................................................. 47

B. On-site Management Objectives ............................... 48

C. Resource Mapping and Resource Protection Areas .............. 72

D. Administrative Management Objectives ........................ 75

Vi. MANAGEMENT IMPLEMENTATION NETWORK ............................... 84

A. Federal ..................................................... 84

B. State ....................................................... 87

C. Regional .................................................... 94

D. Local Governments and Special District s ..................... 96

E., Other Entities ......................... ..................... 99

TABLE OF CONTENTS (Continued)

Chapter Page

VII. PUBLIC USES .................................................... 100

A. Consumptive Uses ........................................... 100

B. Nonconsumptive Uses ........................................ 101

VIII.. PRIVATE NONCOMMERCIAL USE ...................................... 103

IX. COMMERCIAL USES ................................................ 106

A. Traditional Commercial Uses ................................ 106

B. Nontraditional Commercial Uses ............................. 109

X. SCIENTIFIC RESEARCH ............................................. 110

XI. ENVIRONMENTAL EDUCATION ........................................ Ill

XII. IDENTIFIED PROGRAM NEEDS ....................................... 113

A. Acquisition of Additional Property ......................... 114

B. Boundary Problems and Systems Insufficiences ............... 115

C. Legislative Needs .................................... I ...... 116

D. Administrative Rule Changes ................................ 116

E. Data (Information) Needs .................................... 116

F. Resource Protection and Enforcement Capabilities ........... 117

G. Funding and Staffing Needs ................................. 118

REFERENCES CITED ........................................................ 120

CONTENTS OF APPENDICES ..................... ................ 122

TERRA CEIA AQUATIC PRESERVE

Chapter I

INTRODUCTION

This plan addresses the management of the Terra Ceia Aquatic Preserve,

located in Manatee County, Florida. 'This Aquatic Preserve is one of the 39

officially designated preserves in the statewide system (Figure 1.)

The Terra Ceia Aquatic Preserve (Figure 2) begins just south of the mouth

of the Little Redfish Creek and ends at Emerson Point on Snead Island. The

boundaries extend northwesterly from these.points out to the Intracoastal

Waterway or Manatee County line which then cross and form the outer most tip

of the preserve. The only incorporated city bordering the preserve in the

city of Palmetto.

Of the aquatic preserves in Tampa Bay area (Pinellas County, Cockroach

Bay, and Boca Ciega) the Terra Ceia Aquatic Preserve is one of the last

-pristine areas in Tampa Bay. The preserve is contained completely within

'Manatee County. This environmentally sensitive and unique preserve, harbors

seagrass beds which stabilize bottom sediments, and provide food and shelter

to adult, juvenile, and larval vertebrates and i.nvertebrates. Mangrove trees

fringe the shoreline of most of the area. Saltmarsh grasses, oyster bars,
clam beds, drift algae, coral reefs and tidal fiats are also intricate parts

of this very dynamic and productive system that comprises approximately 21,376

acres of submerged lands.

The climate in west central Florida is classified as transitional.

Seasonal weather patterns are mild enough to allow tropical species to

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AQUATIC
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'PRESERVES

AOUATIC PRESERVES ARE ESTABLISHED
BY THE FLORIDA LEGISLATURE AND 4
INCLUDE ONLY STATE OWNED
SOVEREIGNTY SUBMERGED LANDS.
THE GOVERNOR AND CABINET SITTING I
AS TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND ARE
MANAGERS OF THESE AREAS.

FOR MORE INFORMATIOW REGARDINC. -t:--
AOUATIC PRESERVES CONTACI:

DEPARTMENT OF NATURAL RESOURCES

DIVISION OF RECREATION AND PARKS

BUREAUOF LAND AND ADUATIC
RESOURCE MANAGEMENT
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survive, yet cool enough so that temperate plants and animals can survive the

nine month summer period (Wooten, 1985).

The Terra Ceia Preserve is designated and will be managed as both an

Aquatic Preserve and an Outstanding Florida Water. The boundary lines of

Figure 2 represent the gross boundaries of the Aquatic Preserve. The actual

preserve includes those sovereignty submerged lands located waterward of the

mean high water line (mhw) within this boundary area. Outstanding Florida

Waters are to be managed emphasizing the maintenance and enhancement of

existing water quality conditions. As more site specific information becomes

available, essentially natural conditions shall be identified and resources in

disturbed areas restored to that condition, where possible.

Until August 1984, management of the preserve was conducted from

Tallahassee. At that time, one half-time field biologist was hired and

stationed at the DNR Marine Research Laboratory at 100 Eighth Avenue S.E., St.

Petersburg, Florida, 33701-5095. This person was responsible for on-site

management of Pinellas County, Boca Ciega Bay, Cockroach Bay as well as the

Terra Ceia Aquatic Preserve. This original position was expanded to full-time

on January 2, 1986 and an additional half-time biologist was hired in December

1985 to begin the management planning process. Currently administrative

management involves the Division of Recreation and Parks' personnel (both in

the field and in Tallahassee) and the Division of State Lands' personnel.

These personnel cooperate in the review of a.pplications for use of state-owned

lands and related activities surrounding the preserve and interact with

various government and nongovernmental entities, interest groups, and

individuals.

The central office coordinates activities with field personnel including

project review and evaluation, local contact initiation, contractual services,

conflict resolution and routine support (payroll, operating expenses, etc.)

Central office staff also develop administrative"'rule additions, deletions and

revisions.

On-site management includes evaluations of sites applying for use of

state-owned lands (i.e. dock permits, dredge and fill, etc.), research and

evaluation of preserves, public interaction, emergency response, etc. A major

component of the aquatic preserve management is project review and evaluation.

Central office -staff review all proposed activities requiring the use of

state-owned lands within the preserve. These activities are.reviews according

to requirements established in Sections 258.42 and 258.44, F.S. These

sections require that projects be basically water dependent or water enhanced,

not contrary to the lawful and traditional uses of the preserve, and not

infringing upon the traditional riparian rights of the upland property owner.

Effective management of the Cockroach Bay Aquatic Preserve requires close

coordination with many government agencies and programs, nongovernmental

entities, interest groups and individuals. Current interagency coordination

centers around several larger research and other efforts in the area.

Specific interagency coordination is currently conducted in two main

areas: review of dredge and fill project within the aquatic preserves and

review of other large projects outside the preserves but that have the

potential to impact the preserves. In addition, aquatic preserve personnel

assist and request assistance from m"y other &@Qncie& and progra". Two

agencies are primarily responsible for drQdgaand fill permitting: the U.S.

.Army Corps of Lnginowsat the fadaral leval and the.Florida DepartmQnt of

Environmental RoiqulatioA at the state level. Other large projects requiring

input by aqwatie pre&wve pQrsonnQl include davolapniants of regional impact

(under the jwrisdiction of Florida DQWtmwt-of CQmmi.6nity Affairs-and the@

Tampa Bay Regional Planning Council).

Aquatic preserve personnel have coordinated with several research and

management efforts within the area. A major.program is the Agency of Bay

Management organized by the Tampa Bay Regional Planning Council. This

advisory agency has conducted a comprehensive review of the Tampa Bay

estuarine system, including the roles of various agencies and is now beginning

to implement many of its recommendations.

On the local level, the aquatic preserve manager has assisted with the

Restoration Advisory Committees of Manatee and Pinellas Counties. These

committees have been charged with recommending and implementing specific

habitat restoration projects funded by the Organized Fisherman of Florida

Gillnet License. This charge directly supports the goals of the aquatic

preserve management program and should effect real improvements to Tampa Bay

as a whole and thus to the Cockroach Bay Aquatic Preserve.

Development of the resource inventories has depended heavily on LANDSAT

satellite imagery, DOT aerial photography, on-site inspection,the Future of

Tampa Bay, and the proceedings from the Tampa Bay Scientific Information

Symposium (BASIS) (Treat et al. 1985) held in 1982. As the program proceeds

and on-site managers become more familiar with the area, additional resource

information will become available and modifications to the program and the

plan will be made where appropriate.

This plan is divided.into chapters according to their-management
application. Chapter II cites the authorities upon which this management

program and plan are built. Chapter III (Major Program Policy Directives)

highlights the major description and references.the appendices which contain
more detailed informaiion of the resources. Chapter IV presents a brief

resource description.

Chapter V presents the management objectives of both the on-site

managers, who actually work in the preserve, and the administrative staff in

Tallahassee.

Chapter VI addresses how this plan will interface with local, regional,

state, and federal agencies and programs, as well as its relevance to

nongovernmental organizations, interest groups, and individuals.

Chapter VII through IX address the various uses, from public to private

to commercial. Chapters X and XI address the use of the aquatic preserve for

scientific research and environmental education, respectively.

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

Division of Recreation and Parks, Bureau of Land and Aquatic Resource

Management,(BLARM) staff. Funding for the plan was by a coastal management

grant (CM-130) through the U.S. Department of Commerce's National Oceanic and

Atmospheric Administration, Office of Ocean and Coastal Resource Management,

and the Florida Department of Environmental Regulation (DER), Office of

Coastal Management.

Chapter ii

MANAGEMENT AUTHORITY

The primary management authorities available to the staff for implementing management directives affecting aquatic preserves

are found in Chapters 258 and 253, Florida Statutes (F.S.). These authorities clearly 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". Futhermore, all management responsibilities assigned to the Trustees

by this plan may be fulfilled directly by the Governor and Cabinet or indirectly via staff or agents of the Trustees, pursuant

to delegations of authority, management agreements, or other legal mechanisms. All subsequent references to the Board or

Trustees should be presumed to potentially include staff and designation agents, in addition to the Governor and Cabinet.

The staff of the Bureau of Land and Aquatic Resource Management (BLARM) acting as "agents" for the Trustees, is able

to review all requests for uses of, or directly affecting, state-owned sovereignty submerged lands within aquatic preserves.

The review and subsequent staff comments are primarily designed to evaluate the environmental consequences of any proposed

use of state-owned submerged land. The review is conducted within the confines of the criteria contained in the "maintenance"

provisions for aquatic preserves in Chapter 258, F.S.

Formal review comments are provided to the Department of Natural Resources (DNR), Division of State Lands by the Bureau of

Land and Aquatic Resources Management for inclusion in the comments and recommendations accompanying agenda items for Trustees

consideration. This mechanism allows the Trustees, sitting as owners of the land, to evaluate public interest and project

merits within the context of environmental impact upon the preserve.

BACKGROUND

In many respects, the authorities supporting aquatic preserve planning and management are the cumulative results of the public's

awareness of the importance of Florida's environment. The establishment of the present system of acuatic preserves is a direct

outgrowth of public concern with dredge and fill activities rampant in the late 1960's.

In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws of Florida), which set up procedures regulating

previously unrestricted dredge and fill activities on state-owned submerged 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. In 1967,

this governmental focus on protecting Florida's productive estuaries from the impacts of development led to the establishment

of a moratorium by the Governmor and Cabinet on the sale of submerged lands to private interests. In that same year, this

action was followed by the creation of an interagency advisory committe on

submerged land management. In late 1968, that committee issued a report recommending the establishment of a series of acuatic

preserves. Twenty-six seperate waterbodies were addressed in the original recommendation. Also in 1969, 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 of the state. That constitutional provision also established the authority for the legislature to enact

measures for statement of air and water pollution.

It was not until October 21, 1969 that the Governor and Cabinet acted upon the recommendations of the Interagency Advisory

Committee and adopted, by resolution, 18 waterbodies 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 Aquatic Preserve.

Subsequent Legislation action in 1972, 1973, and 1974, created the Pinellas County, Lake Jackson and Biscayne Bay Aquatic

Preserves, respectively.

In 1975, the Legislature established a Florida Aquatic Preserve Act (Codified in Chapter 258, F.S.), thereby bringing all

existing preserves under a standardized set of maintenance criteria. Additional acts were passed subsequent to the 1975

action, such as the addition of the Cockroach Bay Aquatic Preserve in 1975 and the Gasparilla Sound-Charlotte Harbor

Aquatic Preserve to the system in 1978, and the Terra Ceia Preserve in June 1934.

The Charlotte Harbor Aquatic Preserve Management Plan, approved by the
Trustees on May 18, 1983, was the first management plan for an aquatic
preserve. The following aquatic preserves have approved plans: Estero
Bay - September 6, 1983; North Fork-St. Lucie - May 22, 1984; Loxahatchee
River-Lake Worth Creek - June 12, 1984; and Indian River Lagoon - January
22, 1985.

In June 1985, the Legislature passed Senate Bill 762 which expanded the
boundaries of the Banana River, Malabar to Vero Beach, Loxahatchee River
- Lake Worth Creek, Wekiva River, and Rookery Bay Aquatic Preserves; and
created Guana River Marsh and Big Bend Seagrasses Aquatic Preserves.

The State Lands Management Plan, adopted on March 17, 1981, by the
Trustees, contains specific policies. The Plan also establishes policies
concerning spoil islands, submerged land leases, "Outstanding Native
Florida Landscapes", unique natural features, submerged grassbeds,
archaeological and historical resources, and endangered species. All of
these issues provide management guidance to the aquatic preserve program.

ADMINISTRATIVE RULES

Chapters 18-21 and 18-20, Florida Administrative Code (F.A.C.), are two
administrative rules directly applicable to the DNR's/Trustee's actions
regarding allowable uses of submerged lands, in general, and aquatic
preserves specifically. Chapter 18-21. F.A.C. controls activities
conducted on sovereignty submerged lands, and is credidated upon the

11.

provisions of Sections 258.03 and 253.12, F.S. The stated intent of
this administrative rule is:

"(1) To aid in fulfilling the trust and fiduciary
responsibilities of the Board of Trustees of the Internal
Improvement Trust Fund for the administration, management
and disposition of sovereignty lands;

(2) To insure maximum benifit 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 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,

(6) To aid in the implementation ofthe State Lands Management
Plan."

12.

Chapter 18-20, F.A.C. addresses the aquatic preserves and derives
its authority from Sections 258.35,258.36, 258.37 and 258.38, F.S.
The intent of this rule is contained in Section 18-20.01, 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.

(2) The aquatic preserves which are described in Section
258.39, 258.391, 258.392 and 258.393, F.S.C Chapter 85-
345 Laws of Florida; and Section 16Q-20.02, F.A.C.,
were established for the purpose of being preserved in an
essentially natural or existing condition so that their
aesthetic, biological and scientific values may endure
for the enjoyment of future generations.

(3) The preserves shall be administered and managed in
accordance with the following goals:
(a) Preserve, protect, and enhace 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;

13.

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

(c) To cootdinate with federal, state, and local
management programs, which are compatible with the
intent of the Legislature in creating the
preserves;

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

(e) To encourage the protection, enhancement or
restoration of the biological, aesthetic, or
scientific values of the preserves, including but
not limited to the modification of existing man-
made conditions 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 preserve;

14.

(f) To preserve, promote and utilize indigenous life

forms and habitats , including 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, acuatic and marine invertebrates,

estuarine, aquatic and marine mammals, birds,

shellfish and molluses;

(g) To acquire additional title interests in lands

wherever such acquisitions would serve to protect

or enhance the biological, aesthetic, or

scientific values of the preserves.

(h) To maintain those beneficial hydrologic and

biologic functions the benefits of which accrue

to the public at large."

OTHER MANAGEMENT AUTHORITIES

Other Department of Natural Resources management authorities applicable

to aquatic preserves include fisheries and marine mammal management and

protection, and beach and shore preservation progarms outlined in

Chapters 370 and 161, F.S., respectively and land acquisitions programs

conducted under The Environmentally Endangred Lands authorities of

Chapter 259, F.S. or the Conservation and Recreaption Lands Program
15.

autnorized by 253, F.S., will enhance the protection of the natural

resources within the aquetic preserves.

Chapter 403, F.S., is an important adjunct to Chapter's 253 and 258, F.S.

This governs, in part, the State's regulatory Programs affecting water

quality and biological resources. The Department of Environmental

Regulation (DER), through a permitting and certification process,

administers this program. 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 approval of the proposed

use from the Trustees before commencing the activity. An interagency

agreement between DNR and DER provides an avenue for staff comments on

potential environmental impacts of projects in aquatic preserves through
the DER permitting, process. Additionally the DER has designated, by

administrative rule, a series of waterbodies with stringent use criteria
called "Outstanding Florida Waeters" (OFW). The inclusion of all aquatic

preserve waters within this classification greatly enhances the

protective provisions of Chapter 258, F.S. As the designated "306"

Coastal Zone Management Agency, the DER also provides a source of funding

for data collection and planning in areas such as the Terra Ceia area, as

well as being the state agency responsible for implementing "federal

consistency" provisions of the federal Coastal Zone Management Act.

The DER's administrative rules of primary significance to the aquatic

Preserve management program are in Chapters 17-3, 17-4 and 17-12, F.A.C.

These rules are based upon the authorities contained in Chapter 403, F.S.

Chapter 17-3, F.A C. addresses water quality standards and establishes
16.

the category of "Outstanding Florida waters", while Chapters 17-4 and 17-

12, F.A.C. adress permit requirements and dredge and fill activities,

respectively.

In December, 1982 a Memorandum of Understanding (MOU) between the DER,

DNR, and the U.S. Army Corps of Engineers (COE) was executed. This MOU

clearly establishes a process whereby the proprietary concerns of the

Trustees, stated in Chapter 253, F.S. can be integreted into the DER/COE

joint permit processing system.

Other opportunities for environmental review and input into activities

potentially affecting aquatic preserves are afforded by the Department of
Community Affairs (DAHRM). Tampa Bay Regional Planning Commission (TERPC),

and the Department of State Division of Archives, History, and Records

Management (DAHRM). The Executive Office of the Governor also provides a,

mechanism for public input into federal projects via the State

clearinghouse process.

The DCA and TBRPC are staetutorily responsible for administering the

"Development of Regional Impact" (DRI). The DRI program, authorized by

Section 380.06, F.S. was established by the Legislature to provide a

review and monitoring procedure for those development projects

potentially affectinqg more than one county. To understand the maze of

authorities involved in authorizing, permitting or reviewing development

p1ans. in Tampa Bay, the agency prepared an Existing Authorities Matrix

(Appendix ). This matrix identifies the types of activities for which

each agency is responsible. Aquatic prserve personnel must not only

coordinate with but be conversant of these agencies policies in order to

facilitate comprehensive and consistent review input.

Chapter 267, F.S. establishes the state policy regarding preservation and

management of Florida's archaeological and historical resources. This

responsibility is legislatively assigned to the DAHRM, which holds title

to those cultural resources located an state-owned lands. This also

applies to sovereignty submerged lanss, including aquatic preserves.

The Manatee County Department of Health and Rehabilitative Services,

under their public mandate, administers two programs cirectly affecting

the aquatic preserve management program. These programs are (1) septic

tank regulation, usually administered by county health departments and

(2) arthropod (mosquito) control programs usually implemented through

local mosquito control districts. Each of these programs holds the

potential for creating significant impacts upon the aquatic preserves.

Establishment of close working relationships between the aquatic

preserve staff and the Department of Health end Rehabilitative Services

will be a necessary element of the aquqtic preserves management program.

Each of the aboe referenced programs may provide an effective means of

protecting aquatic preserves and their ecologically sensitive resources.

Appendix -- contains a compendium of the appropriate statutes end

administrative rules.
18.

Chapter III
MAJOR PROGRAM POLICY DIRECTIVES

This plan contains a number, of management policy issues that are

discussed either generally or definitively. This section highlights

those major policy areas that comprise the basic thrust 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 naturel 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 DAHRM, and such disturbance is part of an approved

research design or authorized project;

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

threatened and/or endangerd species;

(D) Protect and, where possible, enhance threatened and endangered

species habitat within the aquatic preserve;

(E) Prohibit development activities within the aquatic preserve that

adversely impact saltmarshes and valuable submerged habitat, unless a

prior determination has been made by the Board of overriding public

importance with no reasonable alternatives, and adequate pre-set

mitigation measures are included;

(F) Prohibit the trimming and/or removal of saltmarsh or

mangrove vegetation and other natural shoreline vegetation within the

aquatic preserve, except when necessitated by the pursuit of legally

autnorized projects and local protection ordinances;

(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 located

within the boundaries of the aquatic preserve pursuant to the authorities

contained in Section 253.02(4), F.S. Of great interest are the

mangrove islands within the preserve and the tidal creek north of the

preserve;

(I) Prohibit the drilling of oil and gas wells, the mining of minerals,
and dredging for the primary purpose of obtaining upland fill within the

aquatic preserve;

(J) Prohibit non-water dependent uses of submerged lands within the

aquatic preserve except in those cases where the Board has determined

that the project is overwhelmlingly in the public interest and no

reasonable alternatives exist. This prohibition shall include floating

residential units, as defined in Section 125.0106(2), F.S.;

(K) Prohibit storage of toxic, radioactive, or other hazardous materials

within the aquatic preserve. Any hazardous waste dumps now located

within the aquatic preserve should be closed and eliminated;

(L) Prohibit mosquito control practices within the aquatic preserve that

require habitat modification or manipulation (i.e. diking, ditching)

unless there are no reasonable alternatives and failure to conduct such

practices would result in a threat to public health;

(M) Limit pesticide and biocide use within the aquatic preserve to those

that are approved by the Environmental Protection Agency (EPA) for

wetland and aquatic application;

(N) Prohibit the construction of new deep water ports within the aquatic

preserve boundaries;

(0) Prohibit any activity commercial or recreational that might impact

the integraty of hard bottom communities, within the aquatic preserves;

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

environmentally 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;

(Q) Manage state-owned spoil islands within the aquatic preserve as bird

rookeries and wildlife habitat areas;

(R) Encourage public utilization of the aquatic preserve, consistent

with the continued maintenance of its natural values and functions;

(S) Develop a well coorainated aquatic preserve management mechanism

that recognizes and utilizes local government programs and authorities;

(T) Require, through the efforts of DER end the South West Florida Water

Management District (SWFWMD), the maintenance and upgrading of the water
quality of the estuary and ensure the natural seasonal flow fluctuations

of freshwater into the estuary;

(U) Apply the management criteria contained in the adopted Terra Ceia

Aquatic Preserve Plan to all subsequent legislative additions of land to

the aquatic preserve;

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

agencies in implementing the aquatic preserve management plans,

especially in areas of protection of natural resources and the

enforcement of applicable resource laws and ordinances;

(W) Prohibit marina location in Class 1 or 2 Resource Protection Areas

as defined in 16Q-20.__, F.A.C.;

W laentify and document any problems caused by fiihing activities ?nd

report them to the Marine F-Lsharies Commission;

(Y) in-sure that the aquatic Preserve management plans are consistent

with all other state and local planning processes and comoleted plans

that may-.impact aquatic preserves;

(Z) Recognize that successful shellfish -culture and harvesting efforts

in the aquatic preserve are dependent upon pollution preventi6n and

abatement programs and careful comprehensive planning;

Chapter IV

RESOURCE DESCRIPTION

A. Profile of the Tampa Bay Area

Tampa Bay is the largest estuary in Florida. It is a complex network of

creeks, rivers, and bays that drain some 2,200 square miles of Florida's west

central peninsular coast. Lining the shore are Florida's third and fourth

largest cities, Tampa and St. Petersburg, their suburbs, and the seventh

busiest port in the nation. Stresses caused by channel dredging (for

.commercial and private navigational purposes), large scale urban alterations

to the natural shoreline, and discharges of thermal, biological, and chemical

pollutants have had a negative impact on the bay. The primary impact has been

the loss of marine habitat and the reduction in the overall productivity of

Tampa Bay.

Concern about Tampa Bay's ecosystem resulted in a number of landmark

studies, including the Tampa Bay Area Scientific Information Symposium held in

1982 (Treat et al. 1985), and the Future of Tampa Bay (Tampa Bay Regional

Planning Council 1985), which constitutes a comprehensive overview of 42

management issues relating to the Bay area. These two studies, augmented by

local land use information, the Florida Statistical Abstract(Shoemyen 1985),

and other studies more particularly oriented to the lower Tampa Bay area, are

the basis for most of the material found in this chapter.

Despite its overall urban context, the shoreline of Tampa Bay includes

some relatively undeveloped areas, the most extensive of which lies between

the mouth of the Little Manatee River near Ruskin and the south shore of Terra

Ceia Bay adjoining the city of Palmetto. The offshore waters of this stretch

include the Terra Ceia Aquatic Preserve and the Cockroach Bay Aquatic

Preserve, the former of which is the subject of this management plan.

Bay management at this time is conducted by the federal, state and local

governments, often in a totally independent manner. These overlaping and

sometimes conflicting interests and jurisdictions have contributed to a number

of growth and land management problems that affect all of Tampa Bay. These

concerns stated in the Tampa Bay Area Scientific Symposium Information (Treat

et al. 1985), were the basis for the formation of a Tampa Bay Management Study

Committee. These groups, and the resulting Agency on Bay Management, have

recommended that Tampa Bay can and should be managed in a comprehensive

manner as a single ecological system. The boundaries were recognized as the

uplands and freshwaters contained within the combined watersheds of all rivers

and tributaries which flow to Tampa Bay. Because of this overall acceptance

of the importance of Tampa Bay and its watershed.to the health of all areas

within its influence, this management plan, with its goals and objectives, can

make a significant contribution to Bay management. Also, the management plan

for Terra Ceia Aquatic Preserve incorporates many of the issues,and concerns

of the various governing bodies in an attempt to provide consistent and

equitable management policies for all the aquatic preserves in the Tampa Bay

area (these include: Pinellas County, Boca Ciega.Bay, Cockroach Bay, and

Terra Ceia Aquatic Preserves).

In the remainder of this chap ter a profile of the coastal area is pro-

vided with historical notes, population characteristics, and a land and water

use overview, and those sections are followed by more particular discussions

of the various marine and emergent habitats and other resources to be found in

the Terra Ceia Aquatic Preserve.

B. Historic Notes

When Panfilo de Narvaez and the first Spanish explorers arrived on the

shore of Tampa Bay in 1528, they found the area already settled by the Calusa

Indians whose sustenance was provided by the abundant fish and shellfish

resources which were so readily harvested from the Bay. Before these

Spaniards moved on, they angered the Indians so that three subsequent attempts

during the 1500's at missionary activity or colorization resulted in

resistance by the Indians. European explorers left a grim legacy in the form

of smallpox and other diseases to which the indians had no resistance, and by

the early 1600's the area was almost devoid of human inhabitants. The only

lasting remains of the Calusa Indians are the shell mounds and other

archaeological sites found throughout the Tampa Bay area, including the

Maderia Bickel Mound State Archaeological Site in Terra Ceia and the Big

Cockroach Mound in Cockroach Bay, as well as the local place names such as

"Tampa", originally given to a native village in the vicinity.

Various explorations and visitations occurred throughout the 17th and

18th centuries. Cuban fishermen maintained limited settlements in the Tampa

Bay area for use as a base for their Gulf coast operations. These fishermen

planted the first citrus groves in the area. Permanent settlements, however,

awaited the coming of an American named Robert Hackley in 1823. Hackley's

initial settlement was preempted by the Army which built Fort Brooke on the

site. The garrison which was established, stimulated further settlement both

in the immediate Tampa Bay area and along the lower Gulf Coast in general. In

1834 Hillsborough County was created by the Florida Legislature, and the 1840

census revealed a total of 452 inhabitants.

Tampa Bay was important to the early settlers primarily as a source of

food and secondarily as a harbor. This situation began to change shortly

after settlement. The Bay was the scene for numerous skirmishes between Union

forces and Confederate blockade runners who were running local agricultural
goods, hides, and lumber during the Civil War. During the 1880's, a much more

significant natural resource, phosphate, was discovered in the interior of

Florida, west of Tampa, and its extraction and shipment has been a major

economic focus in the area ever since.

In particular, the bulk tonnage of phosphate ore was an incentive for

construction of both railroad lines and port facilities. It was recognized

that the natural shallow basin of Tampa Bay would present a continual

obstacle. Therefore, the 1871 survey done by the Army Corps of Engineers

recommended that a channel be dredged in upper Hillsborough Bay. That initial

dredging has initiated excavations throughout the Tampa8ay area ever since.

Competition between the initial harbor facilities at the mouth of the

Hillsborough River and the subsequent development of Port Tampa on the eastern

shore of Old Tampa Bay was later augmented by the creation of shipping

channels to serve the Big Bend and Bartow electric plants. In 1969, a 40 foot

channel to Port Manatee was built. This channel now separates the Terra Ceia

and Cockroach Bay Aquatic Preserves.

The complex of shipping channels in Tampa Bay has always presented

environmental problems, because the great effort involved in creating and

maintaining what is now a 43-foot channel has resulted in major disruptions of

the bottom contours of the Bay. Spoil disposal, which in the past was

responsible for burying extensive acreages of seagrass beds and oyster bars,

.remains one of the most intractable problems of overall bay management.

Development within the three counties adjoining Tampa Bay has had

different economic roots. Hillsborough County in the Tampa area has emerged

as a leading business and industrial center, while Pinellas County, the most

densely settled county in Florida, has long been famous as a retirement

community. Manatee County's growth has been more recent and more mixed in

type. The north coast of Manatee County and the southwestern coastline of

Hillsborough County are still largely agricultural. Although they differ in

magnitude, both urban and rural areas impact the environmental integrity of

Tampa Bay. Stormwater runoff, wastewater treatment effluent, and

concentrations of fertilizers and pesticides all contribute to the pollution.

of Bay waters.

The challenge of resource management in Tampa Bay entails the maintenance

of the historic assets (industrial shipping, commercial and recreational

fishing, and aesthetic and recreational use) as well as the upgrading and

maintenance of the Bay's present environmental condition. Since both the

Terra Ceia and Cockroach Bay Aquatic Preserves are located in some of the

least disturbed areas of Tampa Bay, it is extremely important that they be

carefully maintained.

C. Population and Economic Considerations

The growth management concerns of Floida are readily reflected in the

tri-county area encompassing Tampa Bay. The 1.67 million people who dwell in

Pinellas, Hillsborough, and Manatee Counties represent approximately one-sixth

of the state's population and have an overa 11 growth rate that closely

parallels that of the states's 4.35% annual growth (as averaged from 1970 to

1984). In Manatee County, the least populous of the three counties, the

growth rate has been even greater, averaging over 5.0% per year. Projections

suggest that although the growth ratewill trail that of the state, the

difference will not be very great. By the turn of the century the Tampa Bay

region is expected to be home to 2.1 million people, or roughly one-seventh of

the projected 14.67 million in Florida.

The provision of housing for these additional 431,000 people will be a

major developmental issue throughout the region, for the above mentioned

population increase will translate into approximately 172,000 dwelling units.

Substantial areas exist in all three counties where development could occur

that would not directly affect Tampa Bay, but virtually all of it would have

an indirect impact. The Tampa Bay watershed includes about 90% of the land

area of the three surrounding counties. Even those residents living well away

from the waterfront have an indirect impact in a number of ways: their sewage

is treated and pumped into the bay or its tributaries, they drive across the

Bay area bridges, they launch boats in the Bay on weekends, and they use

electricity from.power plants situated near the water. Viewed from this

perspective it is clear that the overall impacts on the Bay will continue to

increase even if all growth is directed away from the waterfront.

The actual economic importance of Tampa Bay is a composite of several

separate functions. Some economic values are in partial or total conflict

with each other, as for example, the value of a pristine seagrass bed as a

fishery resource verses its value as part of a navigational channel, or the

use of a waterfront site as a public access point for boat launchi-ng versus

its development as a residential waterfront community.

The waterborne commerce utilizing Tampa Bay is substantial. The Port of

Tampa in 1984 handled 47.9 million short tons of export and import goods,

while Port Manatee in 1983-84 handled another 5.5 million short tons. Not

only does the direct and indirect value of this commerce total several hundr.ed,

million dollars annually, but the Tampa Bay Regional Planning Council in their

study, Documonting the Ecwomic Importanca of Tampa Bay, calculates that the

savings in transportation costs alone total $281 million.

Bay waters also are used ext"ively for rec-eiving wastewater. effluent

from several sewage treatment plants and for providing cooling water for the

production of electrical energy. These us" of the Bay result in the savings

of hundreds of millions of dollars above alternative strategies. Commercial

fishing, despite its reduction in relative value from earlier years, is still

worth some $20 million annually, while recreational fishing represents several

times-that figure. Other recreational pursuits in the waterfront areas, such.

as waterfront residential development, and the sale of boats and marine

accessories, contribute significantly to the overall economic benefits

provided by the bay.

Finally, the Bay sarves an important economic funct-ion by providing

habitat, nursery are-as, and food for the various biological communities found

in the Bay. The value of these functions wQre recognized by the Florida

Legislature when it established the aquatic preserve program.

D. Land Use and Infrastructure Overview

An aerial view of the Manatee County shoreline from Port Manatee to the

Manatee River provides some visual evidence that this section of the county

continues to be in transition. The older d"el-opod communities, including

Te.rra Coia, Rub6ania, and central Palmetto are readily distinguished-from the

more recent developments, such as those in west Palmetto wW Palmetto Point,

all of which have'notably higher densities and have dredged finger canals with

an armored shore extending into Terra Ceia Bay. Elsewhere, most notably on

Terra Ceia Island, other residential development of lower density is occurring.

The land use pattern from the Manatee River to Rubonia is indicative of

an overall urban area with large patches of undeveloped and agricultural land

interspersed. In particular, the land between Palmetto and Palmetto Point is

extensively planted in citrus groves, running close to the shore for much of

that stretch. Although the Terra Ceia Bay shore on either side of the Snead

Island Cutoff is characterized by an armored shore, much of the shore north of

the sdwaga tro.atmant fa-cility is-relatively undisturb-ad, including about a

mile and a half of mangroves south of Palmo-tto P@oint. The mix&d land use-s

found east of US-19 and to the north of Rubonia have experi "cod limited

developmQnt in part due to incomplete sewage, awd water availability. This

situation, however, is likely to chango in the noar future.

The land north of Terra Ceia Bay and south of Port Manat@4 includes some

of the most pristine remaining shoreline along Tampa Bay, and in the waters to

the north of Rattlesnake Key and Terra Ceia Island are some of the last

remaining open shellfishing waters in Tampa Bay. This area features an array

of mangrove lined embayments and sinkholes, although numerous mosquito control

channels cut through the area. The existing development on Terra Ceia Island

is mostly low density residential. The area is served only by septic tanks

and individual wells of sulfurous water.

A proposed major development which would include most of the Terra Ceia

area, including land north to Bishop Harbor, could change the nature of this

,area drastically. The development, Terra Ceia Isles, is located on 1,645

acres between US-19 and 1-75. Although 8,801 units plus some associated

commercial and medical facilities were initially proposed, a scaled down plan

for 4,997 dwelling units, 19.44 acres of commercial development, a 300 unit

resort center, and a golf course is now proposed. The nature of the area

requires careful project planning, for the entire land area surrounding the

31,

Terra Ceia Aquatic Preserve is flood prone. Additionally, the Manatee County

comprehensive Plan calls for low density residential development in the area,

subject to several specific provisions of the coastal zone protection element.

The reconstruction of the Sunshire Skyway Bridge between Terra Ceia and

St. Petersburg will include some alterations to,the land alignment on the

Terra Ceia causeway by 1989. Although the initial construction of this bridge

has had an impact on the circulation in the area, the proposed alterations are

not likely to be as significant. Local monitoring of the plans as to possible

impacts upon the aquatic preserve is recoamsqd&d.

The north end of the aquatic preserve is not as developed as the section

in Terra Ceia Bay, but the land in the vicinity of Bishop Harbor represents

problems of its own. The AMAX Piney Point phosphate processing plant has in

the past periodically released trophic levels of ammonia waste into drainage

ditches which lead into Bishop Harbor. Agricultural operation in the same

area have also contributed heavy nutrient loads into the Cabbage Slough--Frog

Creek drainage system. Addressing these issues will be a function of the

stormwater management section of the forthcoming revisions to the Manatee

County Comprehensive Plan. Along the north edge of the Terra Ceia Aquatic

Preserve is another problem area initially caused by filling in connection

with the creation of Port Manatee. DER has hired an employee to research the

feasibility of a restoration project at the site.

In summary, the Terra Ceia Aquatic Preserve is located in one of the most

.pristine remaining sections of Tampa Bay and includes open shellfish

harvesting waters, mangrove shorelines and relatively clear tidal tributaries.

Adjacent land uses are highly mixed and range from heavy industry to open

lands, from armored shoreline to mangroves, and from agriculture to

residential. While most of the area is relatively limited in its current

3@,

development,.at least p-artly due to limitations on existing support services
infrastructure, there are major proposals for de"v:elopment in the greater Terra

Ceia area, and it seems likely that the future of the area will be continued

growth and development. All of this must be weighed against the existing

water quality, resource base, and traditional uses of the aquatic preserve.

E. General Overview

The Terra Ceia Aquatic Preserve comprises approximately 21,376 acres and

is located in the lower southeastern portion of the Tampa Bay estuarine

system. Due to the fresh and salt water influence and the subtropical

climate, this estuary supports a wide variety of plant and animal communities.

The Terra Ceia preserve is composed of open water, including a portion of the

mouth of Tampa Bay, several inlet bays and tidally influenced creeks and

rivers. Much of the area along Tampa Bay contains extensive mosquito ditching

and in Terra Ceia Bay there are several areas of residential canals. The rest

of the preserve remains relatively unspoiled.

The major problems facing this area include development on the mangrove

islands and shoreline, sewage and industrial effluents entering the system and

agricultural and urban runoff.

1. Archaeological and Historical Sites

The earliest known inhabitants of Florida were from the Paleo-Indian

Period which existed prior to 8,000 B.C. As large Pleistocene animals became

extinct, the Indians became more dependent on small game. Freshwater

shellfish became an important part of the Indian diet and semipermanent

villages developed. The discarded shellfish resulted in large middens, and

Warren (1966) has shown that portions of the middens left in now sunken river

channels in Tampa Bay were left by Archaic period peoples.

Early Archaic period projectile points were found in spoil material in

Terra Ceia Bay (Warren 1965) and Preceramic Archaic period points were found

at the Southeast Head of Bishop Harbor (Burger 1979). Also, the Madira

Bickel Mound State Archaeological Site is located on Terra Ceia Island within

the preserve. In all, 81 sites have been identified and listed with the

Division of Historical Resources. There are many sites that have not yet been

registered and probably many more sites are undiscovered due to the

undisturbed nature of the preserve. Many archaeological sites have already

been disturbed or destroyed in the Tampa Bay region due to rapid growth, and

the preservation of any remaining sites is critical.

2. Geologic Features and Land Forms

Like most estuaries, Tampa Bay is a product of the fluctuations in sea

level caused by Pleistocene and earlier glaciation. During times of lowered

sea level, the river valley of Tampa Bay was cut into underlying limestones by

the paleo-Hillsborough, Manatee, and Alafia rivers. As sea level rose during

glacial retreat, the area was flooded and became Tampa Bay (Doyle 1985).

Underlying Tampa Bay are limestones and dolomites of Oligocene age and

older. The early Miocene St. Marks formation, which consists of dolomitic

limestones interbedded with terrigenous clastics, directly underlies the

unconsolidated surface sediments in the northern portion of the Bay. The

Hawthorn formation is absent in the northern portions of Tampa Bay but is'

present at the surface throughout the entire southern two-thirds of the Bay,

including the Terra Ceia Aquatic Preserve. The Hawthorn Formation also

outcrops along portions of eastern Tampa Bay. In the deeper portions of Tampa

Bay, the Pleistocene river valley has down cut as much as 90 feet into the

underlying limestones. This archaic bed has filled in with unconsolidated

estuarine and fluvial sediments (Doyle 1985).

Surface sediments are composed of fine to very fine quartz sand with

varying amounts of organic muds and coarse carbonates, mostly in the form of

mollusc shells. A band of phosphate-bearing sand occurs just west of the

Interbay Peninsula and runs south to the eastern shore of the Bay, then

southwest to the entrance off Bradenton. This band runs parallel to the shore

of the Terra Ceia Aquatic Preserve (Doyle 1985).

The sand size sediments in Tampa Bay wereprobably derived from the major

rivers during the last rise in sea level. At the present time, essentially no

sand size material is being added to the system from the rivers but input

from the Gulf of Mexico may occur in the Terra Ceia area. Streams carry only

small loads of fine sediments, but it is probable that considerable amounts of

fine materials are added through surface runoff (Doyle 1985).

Surface sediments within the Bay are constantly being reworked by benthic

organisms by tidal currents and wind generated waves, as-well as by dredging.

When the sand veneer is dredged from the surface, mud deposits irregularly

located beneath may be mobilized. Dredging may be a process which selectively

removes sand size materials and results in increased proportions of silt and

clay sized muds. When spoil is impounded in the physical process of dredging,

coarser material is selectively removed but the'fine fraction tends to leak

back into the system (Doyle 1985).

Depending on the amount of runoff at any one time, Tampa Bay can be

classified as a moderately stratified to a vertically homogenous estuary. It

.has been postulated that these types of estuaries serve as fine sediments

sinks, that little fine sediment escapes them and that bottom water movement

tends to bring sediment into the system from offshore (Doyle 1985).

Estuaries serve as "filters" for suspended sediment received from the

land. Salinity distributions, circulation patterns and other factors control

35,

the distribution and transportation of suspended sediment and the deposition

of fine particles within the estuary. In turn,"the distribution of silt and

fine suspended matter affects the distribution of many constituents such as

nutrients, radionuclides, and some metals. The rate and occurrence of

sediment deposition is also greatly influenced by the biological component of

the estuary (Doyle 1985).

3. Community Associations

The plant communities of the Terra Ceia Aquatic Preserve are a major

factor in the continued health and productivity of-the natural systems of the

preserve. The major plant associations recognized in the preserve include

mangrove forests, marine grassbeds, salt marshes, drift and benthic marine

algae,.live bottoms, and oyster beds. Each community is presented separately

although the communities are often intermixed and are energetically

interdependent. Subsections address animal life, particularly endangered

species, associated with communities of the aquatic preserve.

a. Mangrove Forest

Three species of mangrove trees dominate the mangrove community. These

trees extend from the shoreline inward to the extent of tidal influence.

Tampa Bay is generally recognized as the northern limit for extensive mangrove

forests on the west coast of Florida. Although mangroves may extend further

northward in the state, the annual occurrence of freezes gives the mangroves a

stunted growth pattern and limits their distribution. In Tampa Bay, 17,514

acres of mangroves have been reported (McNulty 1972) and Terra Ceia is

recognized as a mangrove dominated community (Estevez and Mosura 1985).

The three species of mangroves occurring, are the red mangrove (Rhizophora

mangle), both in or near the water at low tide level; the black mangrove

(Avicennia germinans) generally inland of, but sometimes mixed with the reds;

and the white mangrove (Laguncularia racemosa) generally upland of, but also

mixed with the blacks. The zonation of the mangrove association is a result

of tidal inundation and saline conditions of the soil. In Tampa Bay, due to

freeze damage and rising tide levels,in some areas these zonation patterns may

become indistinct and a general mixing occurs (Estevez and Mosura 1985).

The dominant mangrove forest type in Terra Ceia. is the "fringe" forest

type (Lugo and Snedaker 1974). This forest type is characterized by: growth

on mainland shorelines of gradual slope; exposure to tides but not daily

overwashed; having sluggish internal water flow on high tides, and minor to no

scouring; and exporting particulate as well as labile organic matter. Also

present in the preserve is the "overwash" forest in which the island is

completely inundated by daily tides.

The mangrove community is a highly productive system. The prop and drop

roots of the red mangrove along with the pneumatophores of the black mangrove

trap sediments and nutrients thus providing a rich food source for benthic,

planktonic, and fish communities. The leaf fall from the mangrove community

also adds another detrital food source to the system. Mangrove communities

filter land runoff and the above ground submerged root system acts as a sub-

strate for algal attachment. Because of the high nutritive content in mangrove

communities, they act as a habitat for small fish, invertebrates, and birds.

They also act as a food base for much of the shellfish and fish communities.

--.,Mangroves provide buffer against erosion and storm damage to inland areas.

Within the Terra Ceia Aquatic Preserve, the primary influence on mangrove

communities is through human changing of drainage patterns in upland areas,

indirect destruction through increased wave action associated with increased

boating activity, and direct destruction through excess pruning and tree

uprooting for building or water access. Since mangroves serve to stabilize

37,

shore bottom sediment, disturbances to mangrove forests increases turbidity in

adjacent waters which in turn affects seagrass and other benthic communities.

b. Marine Seagrasses

Five species of seagrass are found in the Terra Ceia Aquatic Preserve.

These marine flowering plants occur on both sandy-and organic sediments in

depths down to two feet below mean spring low. In Tampa Bay 14,203 acres of

seagrasses have been reported., An 81% loss of seagrasses has occurred in

Tampa Bay from human impact. Most of the seagrass beds are now limited to

inshore areas due to human increased turbidity and decreased water quality in

the Bay (Lewis et al. 1985).

The five species found in Terra Ceia preserve include turtle grass

(Thalassia testudinum), manatee grass (Syringodium filiforme), shoal grass

(Halodule wrightii), star grass (Halophilia englimani!) and widgeon grass

(Ruppia maritima). The seagrass communities in Terra Ceia are mainly

classified as fringe perennial, and occur mostly along shallow shore areas

outward into the Bay until increased depth or turbidity limit light

penetration and therefore, growth. The zonation of seagrasses in general

starts with widgeon grass occurring closest to the shore then shoal grass,

followed by turtle grass and manatee grass. Seagrasses may be found inter-

mixed or in monospecific stands.

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

an estuarine environment. They are eaten directly by urchins, conchs, fishes,

as well as endangered species such as the West Indian manatee (Trichechus

manatus) (Zeiman 1982). Also, decomposition of seagrasses serve as the

primary food source for detrital feeders, which in turn are consumed by fish

and other marine life higher up the food chain. Seagrasses serve as an

attachment site for many forms of epiphytic algae that may be consumed by

small fish and juvenile shrimp. (Zeiman and Wetzel 1980, Dawes 1981).

Seagrass blades provide a baffling effect that slows the water current

trapping nutrients and sediments. The roots and rhizomes of the seagrasses

bind the sediment thus promoting the building of an organic substrate which

encourages a diverse meiofauna (Zieman and W&tz,&l 1950). The forest-like

density of the grassblades provides shelter for many small fish and

invertebrates. Due to this sheltering effect and the high nutrient level,

seagrass beds provide nursery areas for many fishes. When the loss of

seagrass beds occurs, the effect causes a reduction in water quality, a

reduction in the survival of many larval and juvenile fishes and

intertebrates, and a reduction in the availability of food throughout the food

chain which ultimately affects humans.

The most destruction done on seagrass beds is caused by dredge and fill

activities. In Florida 25,000 acres of submerged land have been filled. The

majority of fill occurred in the creation of land for residential and

industrial development (Zleman 1982). Even if the fill is not deposited

directly on top of seagrass beds, they are often affected through increased

water turbidity. The unconsolidated particles of the fill are continually

resuspended into the water columnm so recolonization of seagrasses is

inhibited. Sewage outfall, although providing nutrients, often causes a

phytoplankton bloom or a dramatic epiphytic alga growth which shade the

seagrasses causing a loss in productivity. Propeller cuts also cause damage

to seagrass beds.. Since few of the grasses in Tampa Bay set seed, the

recolonization of the damaged areas is quite slow or nonexistant.

c. Benthic and Drift Algae

In Tampa Bay 217 species of algae have been identified (Dawes, 1985).

Most of these species of algae potentially occur in the Terra Coia Aquqatic

Preserve since all varieties of their habitat are present, from deep to,

shallow water and from sandy to hard substrate. Those speices vary from

benthic macroalgae to microscopic algae. The highest diversity and abundance

is found in lower Tampa Bay (Dawes, 1985), which would include the Terra Ceia

Aquatic Preserve.

The benthic algae present may either be attached to the sand or to hard

surfaces depending upon the species. Some rhizomatous algae such as Calurpa

sp. help bind the sand in much the same way as do seagrass beds. Algae may

become detached from the substrate by wave action or because of the grazing

activity of organisms. In these ways much of the drift algae of the preserve

is generated. Algae need to settle on a substrate to be-gin growth, but once

growth has been initiated, attachment is often unnecessary for further growth.

Because of this ability, large quantities of algae can be found along the

shoreline during periods of high growth. These algae provide a shelter and

food source for small invertebrates and fish.

Dredge and fill activities affect algae in much the same way as they

affect seagrass beds . The algae community is damaged by deposition of

fill or by low light penetration when the turbidity increases through such

activities. Since, the algae are able to quickly assimilate nutrients, poorly

treated sewage outfall may cause extensive alga growth which hinders fishing

activities and causes odor problems for shore residents when the algae wash

ashore and decompose.

d. Live@ Bottom

LivQ.bottom coacu-niti " are pre.sent in the"Ta-rra Caia Aquatic Preserve.

These comunitiQs repr""t "arGwu cutaining biQIQgical a&&.w4lages of such

s"sile inverts-brates as sea fans, sea whips, hydroids, anemones, ascidians,

sponges, bryozoans, and hard corals living upon and attached to. naturally

occurring hard and rocky formations" (Harris 1981). Live bottom communities

are an important habitat and food.source for a range of vertebrates and

invertebrates (Derrenbacker and Lewis 1985). The rarity of these communities

in the Tampa Bay area makes the preservation of this community especially

important.

Man can destroy live bottom communities by depositing fill material

directly on the site or by depositing the fill nearby thereby clogging the

filter feeders in the community. Destruction may also occur when nets are

hauled across the site, by excessive collecting by divers or by a reduction in

water quality.

e. Salt Marsh

Salt marshes can be defined as grass dominated communities that grow

intertidally along protected shorelines and backwaters that are periodically

flooded by salt or brackish water. The predominant salt marshes in Tampa Bay

are needle rush (Juncus roemerianus) marshes. The salt marshes serve as a

transition zone between mangroves and freshwater marshes (McNulty 1972). In

Tampa Bay 1,728 acres of salt marsh have been reported (McNulty 1972.).

The zonation of the salt marsh normally starts with smooth cordgrass

(Spartina alterniflora) occurring atthe shoreline or behind a fringe of red

mangrove (Estevez and Mosura 1985). Landward of the smooth cordgrass needle

rush is usually present. Landward of this band the salt flats are present

with vegetation such as seashore saltgrass (Distichlis spicata), glasswort

(Salicornia perennias), and saltwort (Batis marifimana). The salt flats are

areas of highly saline soil which experience occasional flooding.

The salt marsh community is also important in detrital production for

export into the estuarine food web. Along the shore where there is tidal

inundation, epiphytic algae grow attached to the base of the salt marsh

grasses. Salt marshes filter land runoff, thereby maintaining the water

quality of the area.

Dredge and fill activities can destroy or reduce salt marsh communities.

Air boat traffic can also severely damage the salt marsh plants. Some success

has been achieved in replanting salt marshes in Tampa Bay, but the new marshes
take years to grow and may never reach the productivity of a natural marsh.

f. Oyster Beds

The primary oyster indigenous to Tampa Bay is the American oyster

(Crassostrea virginica). Oysters tend to form aggregations of varing sizes

commonly attached to dead oyster shells or mangrove roots. Oyster beds and

bars are usually limited to the mid-intertidal zone where minimum inundation

and heat determine the upper limit and predation determines the lower limit of

the oyster bed. Oysters serve as attachment sites for other invertebrates and

algae and also provide a feeding area for crabs, raccoons, and wading birds

(Bah r 1982).

Since oysters filter feed directly on suspended particulate matter in the

water column, they tend to concentrate pollutants present in the water.

Because of this characteristic shellfish harvesting is only permitted in areas

that pass stringent water quality tests. Terra Ceia is one of the few a:reas

left in Tampa Bay still open to shellfish harvesting. Scallops and clams are

also present in the preserve.

Dredge and fill activities can damage oyster beds through direct removal,

deposition or through clogging of the filtering mechanisms of the oyster.

4. Animal Life

The combination of subtropical climate, diverse vegetation and habitat
provides ideal conditions for the survival of an abundant and wide variety of

wildlife species in the aquatic preserve. The mangroves, seagrass beds and

salt marshes also provide a refuge for animal species visiting this area

during migrations, for daily feeding purposes and during times of

environmental stress (i.e., drought and storms). These visitors form an

extensive species list including marine fishes, colonial water birds,

migratory waterfowl, marine mammals, reptiles and amphibians, various

shellfish and other marine invertebrates and several endangered species. Many

water and shore birds use the mangrove islands as nesting.sites. However,

mosquito impoundments, dredge and fill projects, causeways, road and bridge

construction have modified much of the original habitat. These man-made

modifications have caused a variety of changes to the animal life of the

estuary.

a. Fisheries

Two hundred three species of fish are found in the Tampa Bay area. The

commercial fishing industry in Tampa Bay area accounts for 12.8% of the total

landings in.Florida. Manatee County landings alone account for 44.8% of the

total of Tampa Bay landings (Comp 1985).

A majority of marine species important to man are inextricably linked to

the estuarine environment (Lindall 1981). It has been estimated that up to

97.5% by weight of the commercial fishery resources in the Gulf of Mexico and

over 90% of the sport or recreational species in the United States depend upon

estuarines during all or part of their life cycle (Comp 1985). In Florida, at

least 72% of the 89 commercially-landed species of finfish and shellfish and

74% of the 84 recreational species are estuarine"dependent (Durato et al.

1985). Estuaries serve as nursery grounds for invertebrate and fish species

by providing food, shelter, and refuge from predators.

Species of special concern in Florida that are found in the preserve

include the snook (Centropomus �R.) and red drum (Sciaenops ocellata). The

snook has been classified as a gamefish, which prohibits the commercial

harvesting of the species, but allows for limited sports fishing with set size

and bag limits and season of the year. The recent rise in popularity of Cajun

food and particularly of blackened redfish (red drum) has increased the

pressure on this species and has markedly reduced its population. The

F-isheries Service as an agency of the Commerce Department's National Oceanic

and Atmospheric Administration has implemented an emergency regulation for the

management of the directed net fisheries in Federal waters. This action is

seen as a first step in the regulation of commercial use of this species.

Other species of economic importance include: black drum (Pogonias

cromis), flounder (Paralichthys albigutta), black muller Qj@ trichodon),

spotted sea trout (Cynoscion nebulosres), and sheepshead (Archosargus

probatocephalus).

b. Amphibians and Reptiles

Information on amphibians and reptiles is scarce. Species known to occur

in the coastal areas of Tampa include nine species of frogs and 27 species of

reptiles including the alligator (Alligator mississippiensis), two tortoises,

four terrapins, five lizards and 18 snakes (Long 1975). Most amphibians and

reptiles cannot tolerate the saline enviornments within and immediately

adjacent to the aquatic preserve and their numbers are reduced because of

this. The loggerhead sea turtle (Caretta caretta--a threatened species),

green sea turtle (Chelonia mydas--an endangered species), and leatherback sea

turtle (Demochelys coriacea--an endanagaered species) are known to nest along

the coastal beaches and may occasionally nest within the preserve. Sitings

and nestings of these species should be carefully monitored and documented.

The indigo snake (Drymarchon corais) and the American alligator are both

designated as species of special conce.rn by the State of Florida, and their

abundance, although low, should be monitored within the preserve.

c. Bird Populations

Climate, vegetation and habitat combined with the geographic location of

Florida and Tampa Bay adjacent to a major migratory path contribute.to the

wide variety of bird species found either as permanent, winter or summer

residents or as transients to the area. Eighty-nine species are found in the

vicinity of Terra Ceia Aquatic Preserve (Long, 1975). Of those species found
in the area two are classified by the Federal Fish and Wildlife Service 1
and/or the Florida Game and Fresh Water Fish Commission 2 as endangered species
1 1,2
(southern bald eagle ,and wood stork one species as threatened (southern

2 2
bald eagle ), and five as species of special concern (brown pelican roseate
2 2 2 2
spoonbill , little blue heron , snowy egret and tri-colored heron

Mangrove areas and scattered openings within the mangrove forests provide

excellent foraging and resting habitat for herons, ibis, wood storks and

waterfowl (Long 1975). The mangrove fringe and mangrove islands are used as

nesting habitats by both tha largQ.- wading bird& (herons, ibis, s4rats., etc._)

and also by vireos, warblQrs and mangrove curkws. There are two active

colonies in the Terra Ceia Aquatic Preserve. Terra Ceia Bird Key is managed

by National Audubon Society as the Washburn Sanctuary. This seven and one

half acres mangrove island is the second largest mixed colony in the Tampa Bay

area and is the breeding site for 15 species of herons, ibis, pelicans and and

egrets. There are also yellow-crowned night herons nesting within Frog Creek

in the upper portion of Terra Ceia Bay.

d. Mammals

Twenty species of marine mammals are reported in the greater Tampa Bay

area (Reynolds and Patton 1985). Most of these species are rarely seen in the

Bay area, only the bottlenose dolphin (Tursiops truncatus) and the West Indian

manatee (Trichechus manatus) are considered year round residents. In 1872

Maynard described the manatee as being "remarkably abundant" in Tampa Bay.

The peak population in Tampa Bay now is estimated as being between 50 and 60

individuals.

Manatee are known to use Terra Ceia as a migratory path from Upper Tampa

Bay to the Gulf of Mexico. There are currently no protected areas, under

Chapter 16N-22 of the Florida Manatee Sanctuary Act, within this preserve. As

suggested by the Manatee Protection Plan, multi-family and single family docks

will be limited to one boat slip for every 100 ft. of natural shoreline.

Multi-slip docks will also be required to be clumped to minimize the

disturbance to the shoreline. New marinas in high manatee use areas will be

prohibited. Activities within the preserve should be managed to guarantee the

health and safety of manatees and all other endangered species.

All other mammals within the preserve are fairly common with the

exception of the river otter (Lutra canadensis) and the bob cat (Lynx rufus).

Both of these species are uncommon. Species common to the coastal scrub and

managrove area include the nine-.banded armadillo (Dasypus novemcinctus), the

cotton rat (Sigmodon hispidus), the raccoon (Procyon lotor), common opossum

(Didelphis virginiana) and marsh rabbit (Sylvilagus palustris).

Chapter V

SEQUENCE MANAGEMENT

A. Introduction

The main objectice of the resource management plan in the aquatic

preserve is to protect the resources of the aquatic preserves for the

benefit of future generations (Section 258.35, F.S.). The Terra Ceia

Aquatic Preserve is designated as an Outstanding Florida water and

contains both Class I and II Resource Protection Areas. The management

of this preserve will be directed toward the maintenance of the existing

essentially natural conditons and the restoration of degraded areas.

This part of the management plan addresses the policies and procedures

which the onsite and administrative personnel will pursue. The onsite

management will involve DNR's field personnel assigned to the aquatic

preserve. The administrative management will involve Division of

Recreation and Park's personnel (both in the field and in Tallahassee)

and the Division of State Lands' personnel, cooperating in the review of

applications for use of state-owned lands and related activities

surrounding the preserve. These personnel will be interacting with

various government and non-governmental antities, interested groups and

individuals.

3. Onsite Management Objectives

Onsite management objectives will be reflected by activities that protect

and enhance the resources within the aquatic preserve. Field personnel

will become involved in activities which will aid in the understanding

and management of the preserve (i.e., observation, research, public

interaction, emergency responses, etc.). Other activities, such as the

interaction with other government and non-governmental antities, are

covered in more detail in Chapter V: (Management Implementation Network).

The field personnel's duties are, with respect to management of the

various uses of the aquatic preserve, addressed in more detail in

Chapters VII through XI. The field personnel will generally be involved

in all management activities concerning the Terra Ceia area.

1. Plant Communities

The communities of aquatic and wetland plants within the Preserve perform

five major functions vital to the health and productivity of the

estuarine system. They provide the following functions:

a. stabilize geologic features such as dunes and beaches in the

face of dynamic forces (i.e., currents, tides, winds, and

waves), which often act in concert to both erode and deposit;

b. create, from recycled nutrients and solar energy, the organic

material that fuels the estuarine food web which supports the

area's fisheries, endangered species, migratory waterfowl,

colonial waterbird nesting colonies, rectors, marine mammals,

and marine and estuarine invertebrates;

c. provide protected fisheries habitat for spawning and juvenile

development, many of which are of economic inportance to the

commercial fisheries of the state and the nation;

d. provide roosting and nesting habitat for water birds; and,

e. physically buffer setuarine and riverine waters from

contaminated and channelized runoff from uplands within the

estuarine watershed and, in some cases, buffer the uplands from

storm waves and winds.

The management objectives for plant communities will be to maintain and

enhance these functions. Because these plant communities are critically

important to the well-being of the preserve, a program to work toward the

protection and restoration of those communities now impaired or destroyed

by human activities should be developed.

Management Policy

a. Field Familiarization and Documentation. Field personnel will become

familiar with the plant species and communites present in the aquatic

preserve, and locations of their occurrences. Field maos will be updated

on a by-yearly basis.

b. Literature Familiarization. Field personnel will continue to

assemble a working library of existing pertinent literature concerning

the species and communities present in the aquatic preserve. Staff will

become familiar with the ranges, life histories, ecological requirements,

productivity, importance to water quality, contribution to landform

stabilization, wildlife habitat provision, fisheries habitat provision,

and fisheries food production of the plant communities within the aquatic

preserve.

c. Preparation of Guidelines for Management of Endangered Species.

Field personnel, with the help of the scientific community, personel

field observations and literature reviews, will develop maps (using 7.5)

minute quadrangles) showing the locations of threatened and endangered

plant species within the aquatic preserve. A set of management

guidelines for each species, outling the habita requirements and the

methods to sustain and/or restore these habitats will be developed.

Field personnel, in the course of documenting the occurence of

threatened and endangered animals, will develop maps showing the

locations and types of plant communities used by these animals for

nesting, roosting, feeding, resting, soewning, etc. 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 Changes. Field personnel

will become familiar with the use of serial photography and LANDSAT

imagery, for the study and monitoring of plant communities (historical

50.

and present) and will use this remote sensing in conjunction with field

observations to monitor 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. accration-realted seaward extension of mangrove 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;

7. pathogen damage to and recovery of plant communities.

e. Identification of Areas of Communities in Need of Restoration.

Field personnel will, in conjunction with their resource mapping,

systematically survey the aquatic preserve to determine the location,

nature, and extent of environmental damages from human activities and

assess the possibility of restoring each site according to whether the

site is publicly or privately owned, and the cost and effort required.

f. Protection of Plant Communities. Field personnel shall protect the

plant communities from the various uses of sovereign lands within the

aquatic preserve according to the following guidelines.

1. Field personnel in their biological reports shall not recommend

for approval any proposed use of sovereignty submerged lands

when the plant communities in the proposed use area appear to

be jeopardized.

51.

i. Pruning of mangroves shall only be permitted for minimum

access from the mean high water line to a dock or pier.

The destructive clearing of mangroves in sovereignty lands

shall be strictly prohibited.

ii. Marine grassbed communities shall not be removed or shaded

to such an extent as to cause the death of a significant

area of the community. They shall not be subjected to

unacceptable turbisity, decreased light penetration,

propeller or net damage.

2. Field personnel shall be notified of applications for uses of

submerged lands within the aquatic preserve by the Bureau of

Land and Aquatic Resource Management (BLARM) central office. No

applications will be approved within any Resource Protection

areas (see section 3(6) of this chapter) without a thorough

review by the field personnel. The field personnel will inspect

the site, assess the potential impacts to the plant communities,

and then convey their recommendations to the central office as

required.

3. Field personnel will initiate various educational programs and

supplement existing educational progrms designed to increase

public awareness of the damage that recreational, private and

commercial uses (i.e., propeller damage) can inflict on marine

grassbed communities. Educational programs can also be

undertaken with other federal, state or local groups (i.e.,

52.

Florida Sea Grant, Agency on Bay Management, and school boards,

etc.).

4. Field personnel will develop an exotic plant control and removal

plan after monitoring the rate and extent of invasion by exotic

spacies, such as Brazilian pepper, Australian pine, and

melaleuca.

5. Field personnel in cooperation with other State and Federal

agencies, will minoter all activities within the Aquatic

Preserve and investigate and document and activities that appear

illegal. If these activities are deemed illegal, personnel will

provide pertainant governmental agencies any assistance

necessary to have said activity ended and liable individual

charged accordingly.

6. In cooperation with the Manatee County Planning Council, and the

Tampa Bay Regional Planning Commission, field personnel will

familiarize themselves with 'The Future of Tampa Bay', 'The Future of

the Region', "BASIS' and the federal 'Coastal Zone Management Act' so

as to assess the potential impacts of oil spills or natural

catastrophe on the natural resources of Terra Ceia.

g. Restoration of Plant Communities. Field personnel will consult with

professionals in the wetlands restoration/revegetation field to determine

the advisability of using healthy beds of marine grasses as a stock

53.

source to restore damaged grassbeds. They will develop guidelines for restoring marine grassbeds in the aguatic preserve. Field personnel will identify easily ascessible mangrove communitieswithin the aquatic preserve share a high density of mangrove seedlings could serve a s a nursery stoc, source for trensolenting ro restoration sites. Guidelines for restoring mangrove communities within the aquatic preserved will be developed after consultations with professionals in the wetlands restoration/ravegation field concerning proven procedures for transplanting and nurturing mangroves. Because restoration/mitigation projects have had variable results,developments that require restoration or mitigation will be discouraged. If, after careful consideration, a development is found to be overwhelmingly in the public good or no alternative plan can be devised, restoration/mitigation will be considered. In the event that restoration/mitigation is required as the result of a permit poolicationwith DER, DNR, or any other process, the applicant will be responsible for monitoring and documenting all restoration activity which will be confirmed by the field staff. This might include advising the individuals involved in the actual restoration work on the besttechniques under the available restoration guidelines. All restoration/mitigation plans will be reviewed prior to the commencement of the proposed development, and assessed as to its feesibility. Field personnel will monitor the success of all restoration projects and document their success/failure, so as to provide more precise guidelines

for future projects or more strigent requirements of attempts are unseccessful. h. Identification of Research Needs. Field personnel will identify research needs concerning plant communities within the aquatic preserve. Special emphasis will be given to research which will provide date that increases the capability of field personnal to manage plant communities. Immediate research needs include how plant communities respond to environmental stress and a determination of how threshold tolerances of plant community health and diversity are related to degraded environmental conditions. i. Coordination with Other Researchers. Field personnel will become familiar with research projects being conducted within the aquatic preserve by state and federal agency biologists and non-government researchers. Personnel will coordinate, assist and encourage research projects by the facility, graduate, or undergraduate students at the four universities and the research lab in the area (University of South Florida, University of Tampa, Eckerd College, New College in Sarasota and Mote Marine Lab). Water quality research issues, as they affect plant communities, should also be closely followed. This familiarization should lead to a better understanding of agencies' personnel and a better awareness of the data findings and uses. The research liaison will also be addressed in Chapter X (Scientific Research). 2. ANIMAL LIFE

The richness of the animal life in the Terra Ceia area was an important factor in its designation as an aquatic preserve. The fish, shrimp, and crabs within the aquatic preserve, both in the estuary and offshore, are valuable resources on which recreational and commercial fisheries depend. Large areas of undisturbed wetlands are excellent habitat for many types of wildlife. These wildlife include an extensive list of endangered species, migratory waterfowl, colonial waterbirds, invertebrates and vertebrates. Management objectives for the fauna within the aquatic preserve will be focused on the protection through preservation or restoration of habitats within the preserve. MANAGEMENT POLICY a. Field Familirization and Documentation. Field personnel will become familiar with the major animal species in each habitat in the aquatic preserve. 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 knowledge of the species, and their interaction and occurrence in the aquatic preserve. b. Literature Familiarization. The field personnel will continue to assemble a working library of existing pertinent literature concerning the animal species and communites present in the aquatic preserve. Staff will become familiar with the ranges, life histories, ecological

requirements, position in the community, habitat and other factors

necessary for sound management.

c. Preparations of Guidelines for Management of Endangered Species.

Field personnel will become familiar with the 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 organizations involved in the

management of endangered species. These guidelines will be used in

conjunction with the field familiarization, documentation, and mapping to

develop management guidelines for each species, outlining their habitat

requirements. Field personnel, in the course of documenting the

occurrence of threatened and endangered animals, will develop maps

showing the locations and types of plant communities used by these

animals for nesting, roosting, feeding, resting, spawning, etc.

Literature information 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 applications for the use of submerged

lands within the aquatic preserve of adjacent upland activities will

affect a manatee sanctuary, critical manatee habitat, or manatees known

to use an area (see Chap. IV-87), field personnel will notify the State

Manatee Coordinator. These applications or activities will require the

coordinator's authorization and approval before they can be recommended

by BLARM. Field personnel will also work with the coordinator in the

practice and procedures of the following activities:

i. Monitor the preserve for manatee activities and maintain a

manatee sighting map for the preserve. This mapping will take

special note of large seasonal aggregations. A manatee

reporting and data collection system will be established and

will make use of other governmental personnel and private

individuals where possible.

ii. Identify and map shallow water and narrow areas where manatee

boat/barge collisions are more likely.

iii. Identify any other areas for additional manatee sanctuaries,

special channel marking, and slow speed zones.

iv. Applications for use of submerged lands will be reviewed for

design and operation that are least dangerous and disruptive to

manatees. Approved uses within manatee areas should require

manatee caution signs and any other requirements that will

aid manatee health and safety.

v. The creations of new marinas and multiple slip residential

docking facilities should be prohibited in manatee sanctuaries

and severely limited in identified manatee use areas.

vi. The creations of canals and basins within or contiguous to

manatee sanctuaries shall be prohibited.

vii. Assist local governments in the incorporations of manatee issues

into their marina siting elements.

viii. Schedule and monitor activities within manatee use areas during

seasons of lowest use.

ix. Assist in public awareness education efforts.

e. Monitoring Changes in Animal Populations. Field personnel will study

and monotor changes in animal species that are caused by natural

phenomena, such as:

i. freezes;

ii. storms and hurricanes;

iii. changes in habitat due to changes in plant types;

iv. changes in habitat due to water quality changes; and

v. geologic or hydrologic changes including erosion, estaurine

current flow changes, and any other physical changes.

f. Protection of Animal Life From Human Uses of the Aquatic Preserve.

The protection of animal species shall be considered when reviewing

applications in or affecting the preserve. The reviewer shall also

consider the potential effects of the proposed use on plant communities

that function as habitat for the animal life. Disturbances that alter or

hinder the natural activities and functions of the animal species living

within the preserve (e.g., air pollution, excessive noise or bright

lights affecting a bird rookery), shall also be analyzed and concerns

addressed in the permitting process. Field personnel will be notified of

any proposed activities (e.g., seismic testing, mamal capture by permit)

within the aquatic preserve that might affect the well-being of animal

life and should be involved in planning the activity so as to cause the
least amount of stress on animal life.

9. Identification of Research Needs Field personnel in the course of
their duties shall identify research needs required to improve the
management of animal life in the aquatic preserve. This identification
process is more fully described in Chapter XII (Identified Program
Needs).

h. Coordinating with Other Reserarchers. Field personnel will become
familiar with research projects being coducted within the aquatic
preserve by state and federal agency biologists and non-government
researchers. Personnel will coordinate, assist and encourage research
projects by the facility, graduate, or undergraduate students at the four
universities and the research lab in the area (University of South
Florida, University of Tamoa, Eckerd College, New College in Sarasota and
Mote Marine Lab). Water quailty research issues, as they affect animal
communities, should also be closely followed. This familiarization
should lead to a better understanding of agencies' personnel and a better
awareness of the data findings and uses. The research liaison will also
be addressed in Chapter X (Scientific Research).

3. GEOLOGIC FEATURES
The management of geologic features will require that the field
personnel become aware of the natural geologic formation and the charges,
both human and natural, which affect these features within the aquatic
preserve, This knowledge should strengthen the review process for

applications on state-owned lend as they might affect these formation.
These geologic features will include inlets, islands, shoals, shorelines,
embayments, and channels. The overall objectives of the management of
geologic features is to allow the naturally dynamic system to operate
without man's influence or interference. Active management in this area
shall include the review of proposed uses that might affect the geologic
features within the aquatic preserve, The majority of these reviews will
probably concern bulkheads, revetments, groins, dredge and fill, bridges
and channels as they might affect state-owned lands. Bulkheads are not
allowed within the preserve, except as stated in Sections 258.42(2), and
258.4 F.S. and in accordance with the management objectives of the
preserve, Bulkheads placed upland of the aquatic preserve 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 are always
preferable to bulkheads. Management will make every effort 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
patterns. Proposels for bridge and causeway construction within the
preserve will be reveiwed in light of these potential impacts.

Maintenance dredging of existing channels will be carefully studied to
remove conditions that require perennniel maintenance and chronic

environmental disturbances. Channel dredging has adversely impacted
other waterways, with varying influences, depending on channel location
and current. Proposed channel dredging will be reviewed in light of
these past experiences.

Field personnel shall also be involved in the review of project proposels
submitted to other agencies, such as the U.S. Army Corps of Engineers,
Department of Environmental Regulation, the Department of Transportation,
the Southwest Florida Water Management District or the Tampa Port
Authority, and shall formally review and comment on any permit
application that impacts the aquactic preserve. These projects shall be
reviewed jointly with those agencies' personnel whenever possible. Field
personnel will review these projects and act as advocates on behalf of
the aquatic preserve and its resources.

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 occured at a
specific time and place.

iii. While these sites uniquely reflect localized events,
these events and the origin of perticluar sites are
related to conditions and events in other times and
places. They also preserve traces of past biotic
communities, climate, and other elements of the
environment that are of interest to both the
scientific community and the general public.

iv. These sites, particulary archaeological sites, are
very fragile because their signifigance is derived not
only from the individual artifacts within them, but
especially form 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 by the Division of Archives, History and Records
Management (DAHRM) in the Flordia Department of State. The management
authority for this area of management is presented in Chapter II
(Management Authority).

Management Policy

The management policy presented here is on of conversation, as
recommened by the DAHRM and subject to the agency's changes. Their
policy is as follows:

1. The field personnel and all other agencies planning activities
within the aqatic preserve ahall coordinate closely with DAHRM
in order to prevent any unauthorized disturbance of
archaeological and historical sites that may exist on the
affected tract. DAHRM is vested with the title to
archaeological and historical resources aboandoned on state lands
and is responsible for administration and protection of such
resources (Section 267.061(1)(b), F.S.). It is illegal to
destroy or otherwise alter sites on state lands without a permit
from DAHRM (Section 267.13,F.S.). Therefore, agencies planning
activities should coordinate their plans with DAHRM at a
sufficiently early stage to preclude inadvertent damage or
destruction to these resources.

2. The nature of these sites' fragility and vulnerability to
looting other destructive forces requires that the location of
these sites not be widely known, if the location is known at
all. In many insiances DAHRM will have knowledge of the known
and expected site distribution in an area. Special field
surveys for unknown areas may be required by DAHRM to identify
potential endangerment of a proposed activity to these
archaeological and historical sites. This will be especially
necessary in the case of activities contemplating ground
disturbance over large areas.

3. In the case of known sites, activities that are expected to
alter or damage these sites shall alter their management or
64

development plans as necessary, or make special provisions so as
not to disturb or damage such sites prior to professionally
acceptable and authorized mitigation.

4. If in the course of a management activity, or as a result of
development of the permitting of dredge/fill activities, it is
determined that valuable historic or archaeological sites will
be damaged or destroyed, DAHRM reserves the right to require
salvage measures to mitigate the destructive impact of such
activities on such sites (Section 267.061(1)(b). F.S.). Such
salvage measures shall be accomplished before DAHRM would grant
permission for site destruction.

5.Excavation of archaeological sites in the near future is
discouraged. Archaeological sites within the aquatic preserve
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
DAHRM. Cooperation with other agencies in this activity is
also encouraged by DAHRM. The DAHRM will help inform the field
personnel about the characteristics and appearance of these
sites.

7. Any discovery of instances of looting or unauthorized
destruction of these sites will be reported to the DAHRM so that
65

appropriate action may be initiated. The Florida Marine Patrol
and ohter enforcement personnel of HWR shall provide enforcement
assistance to DAHRM and make arrests or investigate cases of
looting or other 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 DAHRM and their procedures for identifying suspected
sites.

5.WATER RESOURCES
Responsible management of water resources for the protection of human
health and recreational enjoyment of aquatic preserve water, as well as
for the protection and enhancemetn of the preserve's plant and animal
communities is the most critical aspect of aquatic preserve management.
Research to understand how human activity can alter or detrimentally
affect the dynamic characteristics of the preserve's various habitats
can be approached confidently after monitoring date has been used to
model the effects of naturally occurring variations on the same habitat.
A single toxic substance may be all that is necessary to initiate
irreparable ecological damage and change in the water resources of the
aquatic preserve estuarine ecosystem.

Management Policy

The successful management of the water resources of the aquatic preserve
depends heavily on other government agencies (i.e.,DEr and the Soutwest
66

Florida Water Management District) charged with regulating water quality
and quantity. Water resource management shall have as its major
objective the maintenacne of water quality and natural seasonal
fluctuations of fresh water into the estuary. Water resource data is
available from non-governmental agencies, among them colleges,
universities, scientific foundations and private consultants working in
the Tampa Bay area. These various entities have interests at many
different levels and areas within the riverine and estuarine system. The
aquatic preserve management program will manage the water resources
through coordination with these various entities. The field personnel
will not conduct water sampling, but through the review of data from
other entities and from field observations, they will identify water
resource problems in the aquatic preserve. Efforts will be made to
ensure consistency in project design and sampling techniques so that data
from various studies can be used for integrated analysis.

a. Familiarization with the Jurisdiction, Personnel, and Monitoring
Programs of Government Agencies and Other Entities. Field personnel will
become thoroughly familiar with the jurisdiction, personnel and
monitoring programs of other agencies, institutions, and corporations
involved in studying, monitoring, regulating and managing water resources
within the aquatic preserve and the drainage basins which provide fresh
water to this preserve. Those agencies known to be working or having
potential activities affection the preserve are listed below; others may
be added as they are identified.
1.Florida Department of Environmental Regulation
2.Manates County Health Department

3. Mlanatea County Environmenicil Services

4. Southwest Floridet wator Management District

5. Marine Fisheries Commission

6. U. S. Geological Survey

7. U. S. Fish and Wildlife Service

S. Tampa Bay Regional Planning Cepartment

9. Agency on Eay Management

10. Florida Game and Fresh Waiter Fish Commission

11. Florida Department of Natural Resources Marine Research

Laboratory

1.2. University of Tampa

13. University of South Florida

14. Maq6atee Community College

15. U.S. Environmental Protection Agency

16. Eckerd College

17. Mote Marine Lab

18. Tampa Electric Company

19. Tampa Port Authority

2C. Deqmartment of Natural Resources-Shellfish Ssinitation Section

b. Monitoring of Water Resources by Cooperative Date Collection and

Review. Field personnel will: 1. promote coordination among involved

agencies in planning monitoring programs and in evaluating monitoring

data; and 2. monitor water resources within the preserve by reviewing

the data collected and compiled by those agencies as it applies to the

aquatic preserve and its resources.

68.

c. Review of Permit and Lease Application for Aquatic Preserve Uses and

Watershed Activities that would affect the Preserve Water Resrouces.

Field personnel will review sovereign land lease applications,

development of regional impact reviews, and DFR/COE permit applications

in cooperation with other agencies as necessary, and as outlined in

Chapter V (C) for their potential impact on the water resources of the

aquatic preserve.

d. Familiarization with and Monitoring of Activities and Users which

Regularly Contribute Pollutants to Preserve Waters. Field personnel will

become familiar with the activities and users which regularly or

potentially contribute pollutants to the waters of the aquatic preserve.

This monitoring will be accomplished directly by field observations and

indirectly by review of other entities' water resource data. Field

personnel will encourage and coordinate with other agencies involved with

water resource monitoring to consider more detailed field monitoring in

areas of the preserve where the incidence of polluting activities is

found to be high. These monitoring activities will also include the

monitoring of freshwater releases into the preserve and their effect on

the environment.

These activities will also be applicable to Chapter X (Scientific

Research), and the coordination through Chapter VI (Management

Implementation Network). By onsite inspection the field personnel will

be able to minotor enviromental impacts as and before they occur.

Interaction with other federal, state and local agencies will facilitate

this regulation.

69.

6. CUMULATIVE IMPACT ANALYSIS

Cumulative impacts are the sum total of major and minor changes or

effects upon the natural system. Taken singularly these effects may not

constitute a notable change in the condition of the natural system, but

as these single changes or uses 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 preserve 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 include the following criteria from Chapter 18-

20 F.A.C.:

"(1) The number and extent of similar human actions within

the preserve which have previously affected or are

likely to affect the preserve, whether considered by

the Department under its current authority or which

existed prior to or since the enactment of the Act;

and,

(2) The similar activities within the preserve which are

currently under consideration by the department; and

(3) Direct and indirect affects upon the preserve and

adjaent preserve, it applicable, which may reasonably

be expected to result from the activity; and

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(4) The extent to which the activity is consistent with

management plans for the preserve, when developed; and

(5) The extent to which the activity is permissible within

the preserve in accordance with comprehensive plans

adopted by affected local governments, pursuant to

Section 163.3161, F.S., and other applicable plans

adopted by local, stats and federal agencies.

(6) The extent to which loss of beneficial hydrologic and

biologic functions would adversely impact the quality

or utility of the preserve; and

(7) The extent to which mitigation measures may compensate

for adverse impacts."

The availability of onsite reserve staff who are familiar with the

distinctive characteristics of this system, coupled with their 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/or resources,

they will become an integral part of the project analysis and decision-

making process.

7. MANAGEMENT OF ENCROACHMENTS

The management of encroachments in the preserve will concern the

unauthorized placement of structures, unauthorized dredging or filling,

or other illegal uses in the aquatic preserve. These encroachments might

also include illegal activities associated with an approved use (e.g.,

71.

extension of a dock, construction of boat houses, extension of an
approved channel).

The management policy for the field personnel, otter identification of a
suspected illegal encroachment, will involve a reporting procedure and
the monitoring of the remedial action. After a field identification of a
suspected encroachments, field personnel will notify the central office
to verify the title of the property and research the possibility of the
use being an approved activity. The potential for unauthorized
activities in such an extensive area is tremendous. A progressive system
of mapping and recording will be initiated to assist the field personnel
in their monitoring of the preserve. Aerial surveys will be done to
facilitate reconnaissance of illegal activities and mapping.

The management action for verified illegal encroachment will be developed
by the agencies specifically involved (i.e./ DNR/ DER). Field personnel
will assist, as necessary, with field evaluations or other support
activities. Final actions will be monitored by field personnel, at the
direction of the Trustees to the central office. The procedures followed
in these applications will be decided on a case by case basis.

C. RESOURCE MAPPING AND RESOURCE PROTECTION AREAS

The preliminary description and location of resources within the area
(approximately 3,600 acres of submerged land), will require the use of
remote sensing techniques. This work will be done in conjunction with

DNR's Marine Research Laboratory's Assessment of Fishery Habitat Loss
Study in the Tampa Bay area. Marine Reasearch Laboratory personnel have
developed resource and habitat identification mapping through the use of
LANDSAT (satellite) imagery and aerial photography. The vegeatation and
land use mapping done in this study will become the basis for the
development of a Resource Protection Area management system in the
aquatic preserves. This mapping system will identify and classify
various resources within the aquatic preserves that require protection
by the management program. Acreage totals for each land use and vegetation
classification in the preserve will be provided. The onsite managers
will supplement the vegetative portion of the mapping with 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
preserve.
These maps will then provide the information needed to develop and update
a Resource Protection Area (RPL) mapping program. The RPA mapping system
is based on three levels of resource classification. The Class 1 level
will contain resources of the highest quality. Uses proposed for these
areas will receive the most rigorous review. The Class 1 level will
include one or more of the following: marine grassbed; mangrove swamp;
saltwater marsh; oyster bars; archaeological and historical sites (upland
and submerged); endangered species habitat; colonial waterbird nesting
sites; and other appropriate factors.
73

The Class 2 areas will be defined as those areas containing the resources
of Class 1, but in a transitional condition compared to Class 1. These
resources will either be building toward Class 1 status or declining to
Class 3 status. Class 2 areas will require careful field review as to
the specific areas's sensitivity to each proposed use. In some respects,
these areas may be as sensitive as or more sensitive to disturbances then
Class 1 areas. The resources of Class 2 will include: marine grassbeds;
mangroves in scrub condition or colonizing new lands; beaches undergoing
restoration; saltwater marsh colonizing new lands; and other resources of
Class 1 type that fit in the Class 2 condition.

Class 3 areas will be characterized by the general absence of the
attributes of the above two classes. Class 3 areas may have small
localized Class 1 or 2 areas within them. Class 3 will generally have
deep water areas or areas with no significan vegetation or wildlife
attributes. Nearshore and bottom areas significantly modified by man
will be designated Class 3.

The RPA maps will require periodic revisions as the onsite managers
learn more about the resource's reactions to man's use. Scientific
research and other data additions may also require modification of this
system. Natural changes will also require modification of this
classification system. Periodic checking by LANDSAT satellite imagery
will become useful for remote sensing monitoring as its use is more fully
developed.
74

The RPA maps will become a planning tool for both onsite and central
office staff. More detailed field review will still be required to
supplement this information on a case by case basis, as necessary.

The initial development, as well as periodic review, will require the
support and assistance of the many other resource regulating and managing
agencies, as well as local and regional government entities. Support
will also be requested from the colleges, universitites, foundations and
other interested groups and individuals.

The RPA mapping will use the USGS 7.5 quadrangle map format for
vegetation and these maps, after public notice and opportunity for public
review and comment, will be placed in Appendix ___ of the aquatic
preserve management plan. It is recognized that mapping at this scale
may not adequately define small areas which do not qualify for the RPA
class level assigned to a general area.

D. ADMINISTRATIVE MANAGEMENT OBJECTIVES

This section of the chapter addresses the role of the central office, in
the aquatic preserve management planning and implementation process. The
cental office's role is generally interpreted within the context of
coordinating activities with the field personnel. This coordination
linkage is important to many program aspects, including project review
evaluation, local contact initiation, administrative rule development,
contractual services and conflict resolution, not to mention the routine
support (payroll, operating expenses, etc.) usually extended by the

central office to the onsite managers. ALL program potivites identified

within this contaxt are designed to protect and enhance the

environmental, educational, scientific, and asstnetic qualities of the

natural systems of the aquatic preserve.

1. Objectives

Specitically, the following administrative 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 preserve;

b. To serve as the link between aquatic presarve 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, delations, and revisions;

d. To serve as the administrative staff for contractual agreements

and services;

e. To establish and maintain a conflict resolution process and,

f. To review all existing and past activities as to their affect on

the environmental integrity of the aquatic preserve.

A major element in the administration of an aquatic preserve management

system is the establishment of a thorough project review process. It is

the program intent that the central office staff review all proposed

activities requiring the use of state-owned lands within the preserve.

Sections 258.42 through 258.44, F.S., establish the legal context within
76.

which al1 proposed uses at the aquatic preserve must be evaluated.

Essentially, these sections require that projects be basically water

dependent on wate-enhanced, not contrary to the lawful and traditional

uses of the preserve, and not infringing upon the traditional uses of the

preserve, and not infringing upon the traditional riparian rights of the

upland property owner.

The primary mechanism through which proposed uses are reviewed is

accomplished by participation in the state lands management process as

established by Chapter 252, F.S. and modified by Chapter 258, F.S. The

central office was administrively designed on October 4, 1982, as an

agent of the Trustees for the purposes of evaluating the environmental

consequences of proposed uses of state-owned 1ands within aquatic

preserves.

In conducting the environmental evaluations, the central office staff

will rely heavily upon the most current, readily available data such as

Department of Transportation (ECT) aerial photography, LANDSAT imagrey,

DER biological reports and other data resources (see Appendics -- and

--). If a proposed activity is 1egally consistent with the maintanance

criteria outlined in Section 252.42 F.S. and Chapter l6Q-20, F.A.C., and

is generally of negligible environmenal concern, than the project review

will likely be conducted in its entirety by the central office staff,
utilizing the generalizrd environmental data.

The field personnel will be requested a more detailed

environmental assessmet of the project if the central office staff,
77.

during, the course of the preliminary evalicatior review, determines that

the requested use of state-owned lands may have a significant effect upon

the environmental integrity of the preserve. Copies of all applications

received will be provided to the field personnal for project monitoring

and assessment of the possible cumulative impacts.

Field personnel will be encouraged to establish direct communication

links with the various regulatory and management agencies for purposes of

obtaining advance notification of projects potentially potentially affecting the

preserves. All environmental review and assessment, however, will be

channeled through the central office unless other arrangements have been

previously cleared with the central office.

While the State Lands Management Program authorized by Chapters 253 and

258, F.S. and Chapters 18-20 and 18-2l, F.A.C., is expected to be the.

primary management implementation vehicle for the aquatic preserve, it is

by no means the only vehicle. Section 253.77, F.S., as amended, and the

December, 1982 Memorandum of Understanding between the COE, DER, and DNR

provide direct access to DER's permitting process for DNR. The

Development of Regional Impact (DRI) and other regional or state level

review processes represent other implementation mechanisms. The basic

review approach and the eva1uation relationship between the, field

personnel and the central office staff will be the same as the case

involving the State Lands Management program.

One aspect of the aquatic reserve review and evaluation program is the

identification of the activities that are either generally or
78.

specifically prohibited. Immedoately upon review, of such project

applications, the centrel office staff will notify the Division of State

Lands (or other program managers) that the proposed activity is legally

unapprovable for the stated reasons. For those proposals which are

subject to denial due to their environmental impacts, even though

the activity may be permissible, Section 258.42, F.S., specifically

provides that:

"(1) No further sale, lease, or transfer of sovereignty

submerged lands shall be approved or consummated by

the trustees except when such sale, lease, or transfer

is in the public interest.

(2) The trustees shall not approve the waterward

relocation or setting of bulkhead lines waterward of

the line of mean high water within the preserve except

when public road and bridge construction projects have

no reasonable alternative and it is shown to be not

contrary to the public interest.

(3) (a) No further dredging or filling of submerged lands

shall be approved by the trustees except the

following activities may be authorized pursuant

to a permit:

1. Such minimun dredging and spoiling as may be

authorized for public navigation projects.
79.

2. Such minimum dredging and spoiling as may be

authorized for creation and maintenance of

marinas, piers, and docks and their attendant

navigation channels.

3. Such other alteration of physical conditions

as may, in the opinion of the trustees, be

necessary to enhance the quality or utility

of the preserve or the public health

generally.

4. Such other maintenance dredging as may be

required for existing navigation channels.

5. Such retorations of land as authorized by S.

253.124(3).

6. Such reasonable improvements as may be

necessary for public utility installation or

expansion.

7. Installation and maintenance of oil and gas

transportation facilities, provided such

facilities are properly marked with marine

aids to navigation as prescribed by federal

law.

(b) There shall, in no case, be any dredging seaward

of the bulkhead line for the sole of primary

purpose of providing fill for any area landward

of a bulkhead line.

However, this will not prohibit the state frome

leasing the oil and gas rights and permitting

drilling from outside the preserve to explore for

oil and gas if approved by the board.

(d) There shall be no excavation of minerals, except

the dredging of dead oyster shells as approved by

the Department of Natural Resources.

(e) There shall be no erection of structures within

the preserve, except:

1. Private docks for reasonable ingress or

egress of riperian owners;

2. Commercial docking facilities shown to be

consistant with the use of management

criteria of the preserve; and

3. Structures for shore protection, approved

navigational aids, or public utility

crossings authorized under subsection (3)(a).

(f) No wastes or effluents shall be discharged into

the preserve which substantially inhibit the

accomplishment of the purposes of this act.

(g) No non-permitted wastes of effluents shall be

directly discharged intoe the preserve which

substantially inhibit the accomplishment of the

purposes of this act.

Generally, applicants desirous of appealing staff recommendations will

have to 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. Ask the Govenor and Cabinet to overturn an application decision

rendered by the Executive Director of Department of the Natural

Resources (or his designee) under a delegation of authority;

b. Request an Administrative Hearing under the procedures outlined in

Chapter 120, F.S.; or

c. Appeal the action of the Board of Trustees of the Internal

Improvement Trust Fund to the District Court of Appeals.

3. Liasion Between Field Personnel and Other Interested Parties

One of the most important aspects of the field personnel's job is to

establish a mutually beneficial communitacion link with pertinent

interest groups. The central office staff will assist in initially

identifying and contacting governmental bodies, special interest groups

and interested individuals requiring aquatic preserve program

coordination.

When requested by the onsite managers, the central office staff will

assist locally. This may include, for example, such things as

arranging for DAHM to conduct a detailed cultural resource assessment

for certain areas of the preserve.

Chapter VI

MANAGEMENT IMPLEMENTATION NETWORKS

This chapter of the management plan will address the various

relationships of aquatic preserve management to the different

governmental agencies and programs, non-governmental entities,interest

groups, and individuals within the aquatic preserve area. The activities

of both field personnel and central office staff as they relate to these

other organizations will be presented.

A. FEDERAL

Many federal agencies have property interests, land and wildlife

management programs, research activities, construction activities, and

preserves. The objective of the aquatic preserve management program will

be to complement the various activities wherever possible. The field

personnel will assist those federal agencies in areas where they have

common goals. The field personnel and central office staff will also

review the federal activities as to their effect on the objectives of the

aquatic preserve management. This review shall be coordinated through

the DER's Office of Coastal Management for the purposes of enforcing the

provisions of the Federal Coastal Zone Management Act of 1972, as

amended.

1. United States Fish and Wildlife Service. The aquatic preserve

program will be involved in the review of proposed perserve uses in

conjunction with the Fish and Wildlife's Division of Ecological Services

at 1323 21st Street, Vero Beach, Florida 32960. This division reviews

dredge and fill requests and other federal level permitting under the

Fish and Wildlife Coordination Act.

Another management program in which the field personnel could possibly

interact with the Fish and Wildlife Service is the protection and

recovery of endangered species and bird rookeries within the aquatic

preserve. Field personnel will become involved in using available

recovery techniques for this purpose, as necessary.

2. U. S. Army Corps of Engineers. The U.S. Army Corps of Engineers

(COE) is charged with providing technical guidance and planning

assistance for the nation's water resources development. The COE also

provides supervision and directions to many engineering works such as

harbors, waterways and many other types of structures. Their major

responsibility, as it applies to the aquatic preserce, is the protection

of navigable waters, pollution abatement and maintaining water quality

and the enhancement of fish and wildlife.

The COE activities in the Tampa Bay area include their involvement with

the DER in the dredge and fill permitting process, technical oversight of

channel, inlet and canal maintenance, and evaluation requests for new

channels, canals and other such public works projects. The field

personnel will become familiar with the various programs, policies and

procedures as they apply to the aquatic preserve.

Field personnel and central office staff will also review activities

proposed by the COE for conformance to the objectives of the aquatic

preserve management plan. This involvement should begin in the early

stages of project planning in order to facilitate the best protection of

the aquatic preserve possible.

3. U.S. Geological Survey. The U.S. Geological Survey (USGS) under the

Department of the Interior has the responsibility ot perform surveys,

investigations, and research pertaining to topography, geology, and the

mineral and water resources of the United States. USGS also publishes

and disseminates data relative to those preceding activities. In the

past the USGS has conducted many studies on various resources in the

region.

The field personnel and central office staff will become familiar with

these studies and the data results as the apply to their management

activities.

4. U.S. Environmental Protection Agency. The U.S. Environmental

Protection Agency (EPA), in cooperation with state and local governments,

is the federal agency responsible for the control and abatement of

environmental pollution. The six areas of pollution within which the EPA

is concerned are air, water, solid waste, noise, radiation and toxic

substances. The DER is the state agency responsible for handling most of

these programs on the state level in lieu of a federal program. Within

the aquatic preserve the field personnel will assist the EPA in planning

field activities and where there are common goals.

5. U.S. Coast Guard. The U.S. Coast Guard is the federal agency

involved in boating safety, including search and rescue when necessary.

The Coast Guard is also charged with the permitting of structures which

affect navigation and boatinq safety. These structures include bridges,

causeways, aerial utilities and other structures which may be in conflict

with navigational uses. The field personnel in conjunction with the

central office staff, will also review Projects which the Coast Guard may

be evaluating for permits.

6. National Marine Fisheries Service. The National Marine Fisheries

Service (NMFS) under the U.S. Department of Commerce is active in the

Tampa Bay area in recording commercial fish landings. The NMFS also has

enforcement officers in the area checking for illegal fishery activities.

Field personnel will work with these personnel whenever they have common

goals within the aquatic preserve.

B. STATE

Many state agencies have programs which affect the resources or regulate

activities within the aquatic preserve. There are also other DNR

programs that are within or affect the Terra Ceia Aquatic Preserve. This

section will describe the interactions and relationships of thses various

agency programs and how they relate to aquatic preserve management.

87.

1. Department of Environmental Regulation. The Department of

Environmental Regulation (DER) is responsible for regulation of air and

water quality and, in some cases, water quantity (through the water

management district) within the Tampa Bay area. The DER is also the

local contact for the initiation of dredge and fill applications in

conjunction with the COE and DNR. With respect to water quality and

oreoge and fill regulation, the DER is possibly one of the most important

agencies to the management of the aquatic preserve. The water quality of

the preserve is the most important to the health of the estuarine

complex, and dredge and fill activities are one of the most potentially

destructive activities within the preserve. The DER also regulates other

forms of pollution, such as air, noise, wastewater and hazardous waste,

which may be important in the future to the preserve.

Field personnel will become familiar with the water quality, dredge and

fill, and other regulatory programs that ar important to the aquatic

preserve. The field personnel should develop a close working

relationship with DER staff and become familiar with DER field activities

and programs that are in common with the objectives of the aquatic

preserve mangement program. Field personnel should open the most

efficient line of communication with the local offices to receive the

permit applications from DER as soon as possible to improve the response

time within the review process.

The DER, Office of Coastal Management is charged with coordinating

activities related to coastal management in the state and reviewing

federal actions for consistency with the State Coastal Management

88.

Program, Section 580.20 F.S. The central office staff will maintain a

close relationship with the Office of Coastal Management for assistance

in the review of federal actions, data and research needs, and other

program support.

2. Department of Community Affairs. The Department of Community Affairs

(DCA) is responsible for reviewing Developments of Regional Impact (DRI)

and for designating Areas of Critical State Concern (ACSC). DRI's are

major developments that have impacts on a scale which is greater that

county level and require a regional review from neighboring local

governments and state agencies. Both the central office staff and field

personnel of the aquatic preserve program will be involved in reviewing

DRI's. Field personnel should receive notice of a DRI through the

central office staff and will proceed with the field review. The central

office staff will coordinate field review findings and work with the

other state agencies in Tallahassee in the review of DRI.

The ACSC program is intended to protect the areas of the state where

unsuitable land development has endangered or may potentially endanger

resources of regional or statewide significance. The RPMP evaluates the

resources, and the local government's land development practices. After

this evaluation is complete, the RPMP committe makes recommendations to

the local governments on how their land development practices could be

improved to ensure an orderly and well-planned growth that would protect

the critical resources. The local governments, counties and cities, are

now in the process of making these land development notifications, based

on the RPMP recommendatiions. If these modifications are not made to the

89.

RPNP Committee's approval, those areas of local government that are not
in conformance could be designated as ACSC or the entire area may be
designated as ACSC by the Legislature. Under the ACSC designation, the
local governments are required to notify DCA of any application for a
development permit. The entire land development process will require the
state's oversight until that local government modifies its land
development practices to conform to the SCSC requirements.

3. Department of Natural Resources. The aquatic preserve management
program is associated with several other Department of Natural Resource
(DNR) programs in the Tampa Bay area.

DNR's Marine Research Laboratory in St. Petersburg, under the Division of
Marine Resources, has several programs and projects within this area
which will benefit the aquatic preserve program. The Marine lab is
presently involved in numerous studies on fishery habitat losses in the
Tampa Bay area. The Resource Protection Area mapping, which will be used
in the management of the aquatic preservesk was created as a product of
that fishery habititat loss study. The data from this project, when it is
completed, will be incorporated into this management plan. The Marine
Lab Staff are also involved in manatee protection programs and the lab is
the headquarters of the State Manatee Coordinator. Field personnel will
become familiar with these studies end programs, and will consult the
Marine Lab for their data needs whenever possible.

The Division of Marine Resources also handles the permitting for the
collection of certain marine species and use of certain chemicals. The

field and central office staff will become familiar with this permitting
process and request notification of these permits within the aquatic
preserve.

The Florida Marine Patrol, under DNR's Division of Law Enforcement, also
operates in Tampa Bay. The field personnel will become familiar with
their programs and operation, and will call on the Marine Patrol for law
enforcement support as required.

The Division of State Lands within the DNR is charged with overseeing
uses, sales, lesses or transfers or state-owned lands. The aquatic
preserve staff will interact with State Lands in all transactions
concerning submerged lands within the aquatic preserve. These would
include the potential acquisition of privately titled submerged lands or
contigous uplands important to the integrity of the preserve. This
relationship is more fully described in Chapter V(C).

The Division of Resource Management, through the Bureau of Geology and
Aquatic Plant Research and Development, is responsible for various
programs potentially affecting the aquatic preserve. Staff will
establish communication links with this Division to arsure that adequate
consideration is given to potential impacts upon the preserve that may
result from the conduct of their various programs.

The Division of Recreation and Parks, in addition to the work related to
aquatic preserves by SHELM and The Florida Park Service, is also involved
in the management of State Parks and Recreation Areas nearby. The

aquatic preserve programs will work closely with these programs as they
relate to aquatic preserve managment objectives.

4. Maring Fisharies Commission (MFC)

The MFC was established as a rulemaking authority pursuant to Section
370.027, F.S. The seven members are appointed by the governor and are
delegated full rulemaking authority over marine life (subject to approval
by the Governor and Cabinet), with the exception of endangered species.
This authority covers the following areas: a) gear specifications, b)
prohibited gear, c) bag limits, d) size limits, e) species that may
not be sold, f) protected species, g) closed areas, h) quality control
codes, i) season, and j) special considerations related to eggbearing
females and oyster and clam relaying. Field personnel and central office
staff will become familiar with and enforce the rules of the MFC.

The MFC is also instructed to make annual recommendations to the Governor
and Cabinet regarding marine fisheries research priorities. The field
and central office staff will use these recommendations to direct
research efforts within the aquatic preserve.

5. Florida Game and Fresh Water Fish Commission (GFWFC). The GFWFC's
Environmental Services office in Vero Beach sends biologist into the
preserve to review projects which may have potential impacts on local
fish and wildlife habitat as necessary. The central office will use the
GGWGC's assistance in their review process, when possible, and in
developing fish and wildlife managment for the aquatic preserve.

The GFWFC is also the state coordinator of the Endangered Species in Florida. The field personnel and central office
staff will work with GFWFC personnel in developing program deeds in this area.

6. Department of Transportation (DOT). The DOT has an office in Tampa and the field personnel and the central office
will work with the resident engineer on anticipated projects having possible impacts on the aquatic preserve. The field
personnel and administrative staff will review any major highway or bridge projects that may be proposed in the
future.

7. Department of State. The Division of Archives, History and Records Management (DAHRM) in the Department of State will
have a close working relationship with the field personnel and central office staff in the protection of archaeological and historical
sites. The field personnel will be directed by DAHRM, through the central office, in any activities or management policy needs
for these sites.

8. Health and Rehabilitative Services (HRS). Both the central office stafff and field personnel will establish communication
and coordination linkages with HRS and their locally conducted programs of septic tank
regulation and mosquito control. Although mosquito control serves a
useful public function, the effects of pesticides (adulticides and larvacides) in the waters of the preserve
are a primary concern. Additionally, the central office staff will become involved in future meetings
and management programs developed by the Governor's Working Group on mosquito control. Subsequent policy recommendations
coming out.

Of this group will be evaluated for acolicability to the acuatic
preserve management program.

C. REGIONAL

The regional level of the management implementotion networke as it applies

to the Terra Ceia Aquatic Preserve will include the Southwest Florida

Water Management District and the Tampa Say Regional Planning Council,

These organizations have activities that are broader than the local

government, but are on a smaller scale than the state level.

1. Southwest Floride Water Management District (swfwmd) SWFWMD

includes Manatee, Hillsboroughe Pinellas and 13 other counties. The

water management district administers permitting programs for the local

consumable use of water storm water discharoas, and dredge and fill type

activities. This includes the withdrawal and use of water from rivers..

streams, and wells. The types of water uses they permit in the preserve

area include irrigation and public water supply. Field personnel will

become familiar with the review and aermitting procedures as they apply

to water supply. in this area. The water managemant district is also

involved in various studies on water supply and management, and other

related research that may be of us? To aquatic preserve management.

2. Tampa Bay Recional Planning Council (TBRPC). The TBRPC serves as a

regional planning body for the local governments of Manatee., Pinelles,

Hillsborough and Pasco Counties, while the Manatee County City County

Planning Commisions serves Manatee County. The Agency on Bay Management

acts as an advisory board for the TBRPC. Among their duties the TBRPC

and MCCCPC:

a. aid local governments with planning expertise;

b. are the regional representatives for the Development of

Regional Impact (DRI) review process;

c. serve as regional clearinghouse for state and federal projects

and programs; and

d. convey information from the local governments to the state and

federal levels.

Field personnel will become familiar with the various projects, programs,

and data sources that the TBRPC, ABM, and MCCCPC, have within their

adminitration that may affect or prove useful to the aquatic preserve

program.

The DRI review of projects which affect the equatic preserves will be

reviewed by the central office staff, with the field personnel's field

review, when necessary. DRI's for large marinas, large subdivisions on

the uplands above the preserve, and commercial or industrial developments

will require a field review by the field personnel as to their effect on

the aquatic preserve.

95.

D. Local Governments and Special Districts.

This section will address the relationship of the aquatic preserve

management program to the various local government agencies, special

districts and their programs. The Terra Ceia Aquatic Preserve is

entirely contained within Manatee County and Palmetto is the only

incorporated city within its boundaries. The various special districts

(drainage, inlet and mosquito control) and their relationship to aquatic

preserve management, are also presented.

Field personnel will be the local liaision for the aquatic preserve to

thse local government entities to assist them in modifying their

policies and practices to conform to the objectives of the aquatic

preserve's management plan, and to exchange information and expertise for

mutual benefits.

1. Relationship to Local Management Plans. The local governments are

required by the Local Government Comprehensive Planning Act of 1975

(LGCPA), (Section 163.3161, F.S.) to have a comprehensive management plan

with elements relating to the different govermental functions (i.e.

housing, physical facilities, conservation, land use, and coastal zone

protection). These plans, in effect, are long-range plans for the

orderly and balanced development of the city or county. The

comprehensive plans guide local zoning policies and practices toward a

future as set out in the plan. No development is permitted that does not

conform to the local government's comprehensive plan.

96.

The aim of the aquatic preserve, with respect to these local government

comprehensive plans, is to have their plans be consistent with the

aquatic preserve management plans. Field personnel will become familiar

with the above plans and how they support or are in conflict with the

objective of the aquatic preserve management. Field personnel will

assist local planning officials in having their plans meet these

objectives. The field personnel and central office staff will assist

these officials in the preparation of their Marina Element, as required

in Chapter IX. It is hoped that local governments will join in the

spirit of aquatic preserve management and be willing to work for these

changes.

2. Relation to Local Development Codes. The local zoning and

development codes (e.g., building codes) provide the major local

regulation that defines what an owner can do on a particular parcel of

property. The zoning prescribes the allowable uses and the intensity of

those uses. Certain uses along an aquatic preserve can potentially have

a profound affect on the perserve.

This section will operate in conjunction with the preceding section on

local management plans. The field personnel will become familiar with

the local zoning, development codes and their potential effects on the

nearby aquatic preserve. Field personnel will assist local planning and

zoning officials in identifying areas where changes in zoning would

better conform to the objectives of the aquatic preserve management.

Field personnel might also offer to assist local planning and zoning

officials in the review of proposed subdivisions upland of the preserve.

97.

3. Suggested policies and practices in support of Aquatic Preserve

Management. This section will address any other policy or practice not

covered in the two preceding sections. These policies and practices

might include local government mangrove ordinances; recreation problems

where a park is in or near an aquatic preserce, or any other problems as

they might relate to local government. The field personnel will offer

assistance of information to local officials or will coordinate with

other agencies to help solve these problems as they occur. Field

personnel will work with county personnel on enforcement of ordinances

such as a Mangrove Protection Ordinance. Field personnel will also

comment, through the central office, on any local practice that is

identified as engangering the well-being of the aquatic perserve.

4. Special Districts (Drainage, Inlet and Mosquito Control). Special

districts were established for taxing purposes. The funds are used to

correct drainage and mosquito control problems. There is one drainage

district that directly affects the preserve. Manatee County has only

one mosquito control district.

This district may not have its own official comprehensive management

plan, but it does have a management policy and program statement that is

similar to such a plan. Field personnel will become familiar with these

policies and the activities of this district and will monitor its effect

on the aquatic preserve. For example, field personnel might recommend

identifying areas that should not receive mosquito spraying or other

alternative management because of the remoteness to inhabited areas and

possible, but unnecessary damage to the resources of the aquatic

preserve; or drainage districts might be asked not to use certain types

of herbicides or to use them only at certain times of the year.

E. Other Policies

This section will apply to the numerous entities that have an interest in

the aquatic preserve but are non-governmental agencies. This will

include, but not be limited to, the environmental interest groups (i.e.,

Audubon Society, Sierra Club and Native Plant Society), the scientific

organizations, the fishing and sports interest groups (i.e., Florida

League of Anglers, Organized Fishermen of Florida), the universities that

may have research or educational activities in the preserve (i.e.,

University of South Florida, University of Tampa, University of Florida,

Manatee Community College) and any other interest groups or individuals.

The relationship of these entities to aquatic preserve management might

include the coordination of activities, such as scientific research,

environmental education, management of rookeries or other natural areas,

or numerous other possible activities. A worthwhile aquatic preserve

management process will depend on the continued support and help of these

interest groups in the preserve. Field personnel will be active in

communicating the aquatic preserve management process and activities to

the various groups and consulting with them for their help in their areas

of expertise.

Chapter VII

Public Uses

This chapter addresses the public use of the preserve. The public

in this case shall refer to the general public or those persons without

riparian rights. The "Florida Aquatic Preserve Act of 1975" (Section

258.35, F.S.) allows for the lawful and traditional public uses of the

aquatic perserve, such as sport fishing, boating and swimming (as adapted

from Section 258.43(1), F.S.). These and other traditional uses that do

not involve a commercial intent or the use of a riparian right to place a

structure in the preserve, and do not degrade or otherwise destroy the

preserve will be considered public uses. This section will be further

divided into comsumptive and non-consumptive uses as applicable to each

resource.

A. Consumptive Uses

Consumptive uses involves the removal of resources from the

preserve. These uses include fishing, hunting, shellfishing, and other

related activities. They also include the unintentional removal of

100

resources by propeller demage to seagrass beds and air boat damage to

salt marshes. The management of these uses (see Chapter V. Resource

Management, Section B: Onsite Management Objectives) will include the

observation and monitoring of the affects of these uses on the resources.

The field personnel will periodically assess the impacts through the use

of the Marine Research Laboratory's LANDSAT capabilities, aerial

photography, boat surveys and current studies or data sources for

identifying habitat losses or disturbances in the Terra Ceia area. This

management will also include the protection of the resources from

unlawful or excessive practices of these uses. Field personnel will, for

example, become familiar with and will enforce rules adopted by the

Marine Fisheries Commision. These will include regulations on fishing

gear, bag and size limits, closed areas, seasons, etc.

These consumptive uses will also be monitored for their effect on

other resources (e.g. bird rookeries, marine grassbeds, live bottom

communities, archaeological and historical sites). The field personnel

will also be sensitive to additional enforcement needs (i.e., the need

for added enforcement staff during nesting seasons).

5. Non-consumptive Uses

These uses are those which do not generally remove resources from

the preserve. Examples of these include swimming, SCUBA diving, boating,

bird-watching, and other related activities. Although boating and diving

are usually considered non-consumptive uses, they can become consumptive

101

when boat operators carelessly place anchors in seagrass beds, navigate into water that are too shallow for their boats,
or divers remove components of a live bottom community. Also air boat traffic across sensitive salt marsh or other wetland
communities will be considered a consumptive use (i.e. destruction of plants, disturbance of rookeries). The management practices
involved with these uses will be the same as those previously described under Section 4., except that these uses are
not generally controlled by law. The guiding principle in these cases will be whether or not the activity causes a disruption
of the preserve's resources (e.g. destroys marine grassbeds or salt marshes, disturbs rookeries). Only in the event of these
disruptions will the field personnel become involved. Some of these uses may possible be involved in environmental educational
(Chapter XI) programs.

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Chapter VIII

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 preserve recognizes the traditional riparian rights of the upland property owners. Teh right 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 preserve. This 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
destroy or damage areas of environmental significance. The review of these will require the interaction of the Resource
Protection Area mapping with administrative and possible field review and later monitoring by field personnel as
projected by Chapter V., Section 3.

Private non-commercial uses shall be designed to avoid critical Resource Protection Areas (Class 1 and 2) and shall be designed
to reduce

103

the uses's impact to the preserve in peneral. Individual applications for these private non-commercial uses shall
be reviewed by the applicable Resource Protection Area Man and criteria. In addition, private dock proposals will be reviewed
by the applicable Resource Protection Area Man and criteria. In addition, private dock proposals will be reviewed by the criteria
described in Section 160-20.04 (5), F.A.C) of the revised General Aquatic Preserve Rule.

Bulkheads should be placed, when allowed, in such a way as to be the least destructive and disruptive to the vegetation
and otehr resource factors in each area. Approved uses which do disrupt or destroy resources on state-owned lands will require
mitigation. This mitigation will include a minimum of 4:1(restored:damaged) restoration by the applicant to compensate
for the loss of the affected resource to the aquatic preserve. In Tampa Bay there has not been a successful case of seagrass
restoration. This fact will be taken into accounty in any proposed project which will affect seagrass beds. All restoratoin
mitigation will include follow up analysis provided by the applicant and confirmed by field personnel of the success of the restoration.

Dredging within the aquatic preserve shall be held to a minimum. Dredging proposals shall be reviewed according to the procedures
in Chapter V depending on the proposed activities location within the RPA. Proposals within Class 1 areas (Chapter V (B)) will
be scrutinized to the maximum extent in order to find the best practical method of development and location if that use is deemed
acceptable in that particular area of the preserve. The mitigation of lost or disturbed resources shall be required and shall
meet the above mentioned criteria. There shall be no dredging

104

allowed in Class 1 or 2 areas or in nearby areas if it will adversely impact these areas.

The location of proposed multiple docking facilities, such as condominium developments, shall be based on the marina
siting criteria described in Section 13-20.D4(5) F.A.C. of the revised General Aquatic Preserve Rule. Authorization of such
facilities will be conditioned upon receipt of documentation evidencing the subordingation of the riparian rights of ingress and egress
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 nooring facilities built with minimal damage
to wetlands, will be encouraged over permanent wet storage facilities. Non-residential docking facilities (commercial) are
addressed in Chapter IX.

The use of seaolanes within this preserve is seen as a non-traditional use. Applications for seaplane use win the preserve
will be reviewed on a case by case basis. These uses will only be recommended whre such use will not affect resource protection
areas or natural values of the preserve, not effect endangered species habitat, can be utilized in safe manner, and will not preempt
traditional uses within the proposed use area.

105

Chapter IX

Commercial Uses

This section addresses the variety of traditional and non-
traditional (i.e. new uses of this area) commercial uses which might
occur within the aquatic preserve. Among the traditional uses in the
Terra Ceia area are utility crossings, marinas and yacht clubs,
commercial fishing, shellfishing, and other types of boats for hire (e.g.
sportfishing, diving). Non-traditional uses in this area include oil and
gas transportation facilities, phosphate transportation, and other
commercial uses.

A. Traditional commercial uses

1. Utilities crossings. There are at present time both aerial and
underwater utility crossings in the aquatic preserve. Future proposals
should be designed so that the preserve is crossed by the least
destructive method in the least vulnerable areas according to the RPA
maps (see Chapter ). 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 should eventually develop a

106

utility crossing plan for all areas with anticipated utility crossing
needs to allow for clear advance planning, for placement of these
crossing in areas that would cause the least disturbance to the
environment. The utility crossing plans, when completed, will become a
part of this management plan. 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.

2. Commercial Fishing. The management of the aquatic preserve shall
not include the direct management of commercial fishing activities. Field
personnel will monitor these activities and assess their effects on the
preserve only in conjunction 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 also
notify the requisite authority in the event of illegal activities
(Chapter 370, F.S. or by special act). The field personnel, along with
other agencies and division's programs and studies' will monitor fishing
activities within the aquatic preserve. Monitoring will concentrate on
boat access into certain areas, prevention of marine grassbed destruction
and other needs of the aquatic preserve as they are associated with
commercial fishing activities. After problems with commercial fishing
activities are identified and documented, the finding will be presented
to the Marine Fishing Commission. It is the authority of the Commission
and the Florida Legislature to regulate commercial fishing within the
preserve.
107

3. Marinas. The locating of marines and their related uses will be a
major concern of the Terra Ceia Aquatic Preserve management. Marinas
represent a use with many potential impacts on the preserve's resources.
The siting policy of Section 18-20.04(5) F.A.C. of the revised General
Aquatic Preserve Rule shall be used for siting marinas in the aquatic
preserve.

4. Deep water Port Facilities. There are no major deep water port
facilities within the boundaries of the preserve but Port of Manatee is
located immediately north of the preserve. Therefore maintenance dredging
and potential pollution from accidental cargo leakage would adversely
affect the preserve. New activities and maintenance work will be reviewed
as to their affect on the preserve. New port facilities within the
preserve shall be prohibited.

5. Other Docking. Any other type of commercial docking, not
mentioned in the preceding sections, will follow the marina siting policy
as stated in Section 18-20.04(5), F.A.C. of the revised General Aquatic
Preserve Rule.
108

6. Non-traditional Commercial Uses

1. 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. The location of proposed power plants upstream of
a preserve should be evaluated as to the effects on teh downstream preserve.

2. Aquaculture. The Terra Ceia area could potentially have proposals for aquacultural development in the
future. These may include floating structures or other new techniques now being used in aquaculture. The location
and type of impacts to the resources will require careful examination. If there is not sufficient data available
for a valid evaluation, a small scale test of teh use might be possible in a selected area.

3. Other Uses. Any other use that qualifies as a commercial use of state-owned submerged lands not mentioned
above will require a review for its anticipated impact on the aquatic preserve and the best location for the
activity compatible to teh resource protection areas within the preserve.

109

Chapter X

Scientific Research

The field personnel attached to the Terra Ceia Aquatic Preserve

should serve as the area coordinators of the scientific research in the

preserves Scientific research, and any other type of research or testing

within the aquatic preserve, should require the clearance of both the

field personnel and the central office staff before these activities can

proceed. Certain activities could be detrimental to the resources of the

preserve and should be carefully reviewed before allowing them to occur.

Factors including location, species selection, time of year, and life

history, should be carefully reviewed for the possible disturbance or

effect of the research on the other resources of the aquatic preserves.
The field personnel will be aware of the possiability of working with

other government agencies, colleges, universities, research foundations

and government programs to fill the data needs of the aquatic preserve

(see Chapter V and XII). The field personnel will assist in the selection

of possible tests sites and other research needs within the preserve.

Chapter XI

Enviromental Education

The aquatic preserve should be used to enhance environmental

education programs at every opportunity. The goal of maintaining the

aquatic preserve for the benefit of future generations can begin to be

realized through the use of aquatic preserves for environmental

education. Through education, the people of Manatee County can acquire a

knowledge of the natural systems end and an appreciation for the aquatic

preserve program. Such appreciation helps to ensure the future protection

and support of the aquatic preserve.

The field personnel will, through their normal activities in the aquatic

preserve select good examples of habitats and resources within these

aquatic environments for use during educational group tours. This might

include the development of enviromental educational boat or dance tours

through the preserve. Other educational activities might also include

prepared presentations for specific interest or user groups such as sport

(boating,diving,fishing,etc.), civic and conservation groups and the

development of a brochure outlining the major points of management within

the preserve. These brochures could then be circulated to the various

user groups.

The field personnel would also prepare slide programs on the value

of management activities of the aquatic preserve for presentation to

interested groups of all ages. Educating the public about aquatic

preserve management is the key to the success and future of the preserve.

Chapter XII

Identified Program Needs

This chapter of the management plan will address the various program

needs that are expected to be identified during management activities.

Meeting these needs will correct or generally relieve some stress on the

preserve or the personnel involved in the management of the preserve.

These needs may in some cases require legislative or administrative

rule changes or acquisition of critical areas by the state. The need to

identify problem areas and adjust the management plan in a manner that

will positively address these problems and management needs is an

essential element of any affective management programs. Both field

personnel and central office staff will continually monitor the

management plan implementation process and specifically identify observed

program needs and problems. The areas to be included are but will not

limited to:

A. acquisition of additional property,

B. boundaries problems,

C. legislative needs,

113

D. administrative rule changes,

E. data needs,

F. resource protection capabilities, and

G. funding and staffing needs

Staff will annually develop an implementation status report that

will contain a summary of indentified management needs an suggested

measures to be taken in meeting these needs.

A. Acquisition of Additional Property

There are areas both within and upland of the aquatic preserve that

are in public ownership under the jurisdiction of various local, state

and federal agencies. Many of these lands contain important resources,

such as bird rookeries, archaeological or historical sites, endangered

species habitat, and freshwater source wetlands. Formal management

agreements, memoranda of understanding etc., that will ensure the

compatible management of these areas will be developed. Other areas

within or adjacent to the preserve that are within private ownership

should be closely examined to determine the advisability of bringing them

into public ownership. The aquisition of these lands might act as a

buffer to critical resources, prevent development of sensitive areas,

allow restoration of areas adversely affected by previous development or

allow removal of disrupting uses within the preserve. The field

personnel, during normal management activities, should be aware of

significant upland areas and sovereign land conveyances which, if

developed, would compromise the integrity of the aquatic preserve. The

field personnel will keep a running recore of these areas and will

prioritize these areas for possible public acquisition.

8. Boundary Problems and Systems Insufficiencies

The boundaries of the aquatic preserve are often artifical

delineations of the natural systems within and surrounding the preserve.

A variety of scientific studies are presently being conducted both within

and outside the preserve boundaries, and their results could conceivably

suggest a change in these boundaries. These changes may include the

extension of the present boundaries in some areas or the exclusion of

other areas, The field personnel, in their normal management activities,

will be sensitive to the possible need for boundary modifications.

Potential boundaries changes and acquisition projects might include areas

upstream of the present boundary in the streams flowing into the

preserve, previously conveyed sovereign lands, or other areas not

presently within the preserve. Any boundary change will require

legislative approval. An additional boundary consideration would be to

include the tidally influenced Little Redfish Creek that is located along

the northern boundaries of the preserve and the mangrove islands within

the preserve.

115.

C. Legislative Needs

Management needs could conceivably involve changes in the

legislature pertaining to the aquatic preserve or changes in the other

statutes upon which the aquatic preserve is based. These changes may

include boundary reallignments or the strengthening of certain management

authorities.

D. Administrative Rule Changes

Administrative rules are statements addressing the organization,

procedures and practices used in the implementation of aquatic preserve

management plans and policies. This process includes identifying problems

within the Department of Natural Resources, as well as other agencies,

that will affect the management of the preserve.

E. Data (Information) Needs

The field personnel and central office staff will note data needs

and promote research or other means to obtain them. Data needs in the

116.

near future could possibly be supplied by such ongoing projects as the

U.S. Geological Survey's and the Southwest 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. These data needs might include additional

mapping, ownership information, water quality data or any other data. The

major suppliers of data will probably be other public agencies taht are

conducting programs in and around the preserve. Other potential sources

of data are the collges and universities that have, in the past or are

currently, conducting research projects in the area.

F. Resource Protection and Enforcement Capabilities

The protection of the preserve's resources depends on the Florida

Marine Patrol in addition to field personnel. These protection needs

might also include additional enforcement support from local government

or state agencies. The need for additional manpower, authority, equipment

or vehicles for this task will be identified.

Since many of the inlets of this preserve are extremely shallow,

bottom damage due to boat groundings or propeller damage are common. To

eliminate this problem, boat markers should be placed in the channels of

these inlets.

The field personnel will become familiar with the staff capabilities

of both the Department of Natuaral Resources and other agencies with

enforcement responsibilties in the preserve. Annually, staff should

fully assess the effectiveness of the protection and enforcement

capabilities of these combined agencies.

G. Funding and Staffing Needs

The present aquatic preserve management program has been minimally

implemented with funds from a variety of sources and programs. The

writing of this management plan was funded through a grant from the U.S.

Office of Coastal Zone Mangement, National Oceanic and Atomospheric

Administration, and through the "Coastal Zone Management Act of 1972"",

as amended.

In order for the management program propsed in this plan to function and

succeed, the program must have its own funding and staffing. The workload

required by this program is too much for an interim staff from other

agencies to handle in addition to their own obligations. Funding and

aquatic preserve program.

The management of Terra Ceia Aquatic Preserve will be integrated

with the managemtn program and needs of other BLARH management programs

in the area. This preserve's management will be combined with two other

118

aquatic preserves in the Tampa Bay area (Cockroach Bay, Boca Ciega Bay and

Pinellas County Preserves). A proposed staff would include two full-time

Environmental Specialists II and a ranger. The actual budget for the 1986-87

fiscal year is shown below.

1986-87 Fiscal Year Budget for the

Terra Ceia Aquatic Preserve Management

Salary (ESII and overhead) ..................................... $27,290

(OPS employment) ........................................ 7,280

Operating Capital Outlay ...................................... 14,000

Expenses ...................................................... 7,000

Total $55,570

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Burger, B.W.; Man in the coastal zone: Bishop Harbor/Terra Ceia Island Manatee
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Comp, G.S. A survey of the distribution and migration of fishes in Tampa Bay.
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Durako, M.'J.; Browder, J.A.; Kruczynski, W.L.; Subrahmanyam, C.B.; Turner,
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Tampa Electric Company. Unpub. 94p; 1975.

Lugo, A.E.; Snedaker, S.C. The ecology of mangroves. Annu. Rev. Ecol. Sys.
5:39-64; 1974.

McNulty, W.N.; Lindall, Jr.; Sykes, J-E. Cooperative Gulf of Mexico estuarine
,inventory and study, Florida: Phase I, Area Description. NOAA Tech. Rep.
NMFS Cir-368:1-126; 1972.

Reynolds, J.E.; Geoffry, W.P. Marine mammals, reptiles, and amphibians of
Tampa Bay and adjacent coastal waters of the Gulf of Mexico. Treat, S.F.;
Simon, J.L.; Lewis, R.R.III; Whitman, R.L.Jr., eds. Tampa Bay Area
Scientific Information Symposium: Proceedings of Conference; 1982 May
3-6; Tampa. USA: Bellwether Press; 1985 448-459.

Shoemyen, A.H.; (ed.) Florida Statistical Abstract. 19th edition. Gainesville:
Univ. Presses of Florida. 1985.

Tampa Bay Regional Planning Council. The future of Tampa Bay. 1985. Available
from: TBRPC, 9455 Koger Blvd, Suite 219, St. Petersburg, Fl. 33702.

Treat, S.F.; Simon, J.L.; Lewis, R.R.III; Whitman, R.L.Jr., eds. Tampa Bay
Area Scientific Information Symposium: Proceedings of Conference; 1982
May 3-6; Tampa. USA: Bellwether Press; 1985.

Warren, L.O. A Dalton Complex from Florida. Flor. Anthrop. 18(l):29-32; 1965.

Warren, L.O. A possible Paleo-Indian site in Pinellas County. Flor. Anthrop.
19(l):39-41; 1966.

Zeiman, J.C. The ecology of the seagrasses of south Florida: A community
profile. National Coastal Ecosystems Team. Office of Biological Services.
Washington, D.C. FWS/OBS-82/25. 1-123; 1982.

Zeiman, J.C.; Wetzel, R.G. Productivity in seagrasses: methods and rates. In:
Phillips, R.C.; McRoy, C.P., eds. Handbook of Seagrass Biology. New York:
Garland STPM Press; 1980:

CONTENTS OF APPENDICES

A. Florida Aquatic Preserve Act of 1975 (258.35-258.46, F.S)

B. Administrative Rules for Florida's Aquatic Preserve ( 18-20, F.A.C.)

C. Administrative Rules for Florida Sovereignty Submerged Lands Management
( 18-21. F.A.C.)

D. Legal Description of Terra Ceia Aquatic Preserve

122

Appendix A.
Ch. 258 STATE PARKS AND PRESERVES F.S. I @6o

use of such areas. 258.331 Penalty for violation of ss. 258.17-258.32.
Mistory-s 12, ch. 70-355@ s. 1, ch. 7D-439@ s. B, ch. 77-126. s 1, ch, 82-46: s 2, -Any violation by any person, natural or corporate, of
ch 53 265
,Note.-HeDealed effective October 1, 1989. by s, 1. ch. 82-46, as amended by the provisions of this act o, any rule or regulation issued
s. 2, ch. 83 265, and scheduled [or review pursuant to s. 11.611 in advance of that hereunder shall be punishable by a fine not to exceed
date. $500 per violation.
History-s. 12, ch. 77 1&
258.29 Atlas of areas.-The Department of NaturaA
Resources shall maintain an atlas of wilderness areas, 258.332 Construction of ch. 77-126, Laws of Flori-
on maps of suitable scale. cla.-Nothing in this act shall be construed so as to pre-
history-s. 13, ch. 70-355: s. 1, ch. 70-439, s 9, ch. 77-126. vent the lawful manaaement of water resources by any
258.30 Rules and regulations.-The Department of water management district created pursuant to chapter
Natural Resources shall adopt rules and regulations pre- 373, or so as to divest any lawful rights acquired prior
to the effective date of this act,
scribing a uniform set of general management criteria History-s. 13, ch. 77-126.
covering all wilderness areas.
(1) No alteration of physical conditions within a wil- PART III
derness area shall be permitted except to provide:
(a) Minimal use facilities, such as hiking trails, pit toi- AQUATIC PRESERVES.
lets, manually operated water pumps, and primitive
camp sites; and 258.35 Short title@ ss. 258.35-258.394 and
(b) Minimum management facilities, which may in- 258.40-258.46.
clude boundary fences and unimproved vehicle trails for 258.36 Legislative intent.
control purposes and emergency access. 258.37 Definitions.
(2) The following are specifically prohibited activities 258.38 Types of aquatic preserves.
or uses: 258.39 Boundaries of preserves.
(a) Dredging and dredge spoil dumping; 258.391 Cockroach Bay Aquatic Preserve.
(b) Artificial drainage or impoundments; 258.392 Gasparilla Sound-Charlotte Harbor Aquatic.
(c) Farming: Preserve.
(d) Clearing of land; 258.393 Terra Ceia Aquatic Preserve wastewater or
(e) Dumping of wastes; effluent dischargeactivities. -
(f) Mining; 258.394 Guana River Marsh Aquatic Preserve.
(g) Pesticide spraying, except emergency mea- 258.395 Big Bend Seagrasses Aquatic Preserve.
sures required to protect public health and spraying for 258.396 Boca Ciega Bay Aquatic Preserve.
forestry disease control; 258.397 Biscayne Bay Aquatic Preserve.
258.40 Scope of preserves.
(h) The use of motorized vehicles on land or water, 258.41 Establishment of aquatic preserves.
except for emergencies or valid management purposes: 258.42 Maintenance of preserves.
and 258.43. , Rules and regulations.
0) Removal of timber, except to restore original 258.44 Effect of preserves.
plant communities. 258.45 Provisions not superseded.
(3) All human activity within each wilderness area 258.46 Enforcement; violations; penalty,
shall be subject to special rules and regulations for im-
plementing the intent and purpose of ss. 258.17-258.32 258.35 Short title; ss. 258.35-258.394 and 258,40-
for the particular area involved. 2S8.46.- Sections 258.35-258.394 and 258.40-258.46
(4) Other uses of a wilderness area, or human activi- shall be known and may be cited as the "Florida Aquatic
ty within the area, although not originally contemplated, Preserve Act of 1975."
may be permitted by the department, but only after a 141mlary-s. 1, ch. 75-1@2.
formal finding of compatibility made by the department,
and subject to regulation.' 258.36 Legislative intent.-It is the intent of the
HiStory-s. 14, ch. 70-355: s. 1. ch. 70-439; s. 10, ch. 77-126; s. 115, ch. 79-400. Legislature that the state-owned submerged lands in ar-
eas which have exceptional biological, aesthetic, and
258.31 Signs and markers.-Wilderness areas shall scientific value, as hereinafter described, be set aside
be identified by appropriate signs and boundary mark- forever as aquatic preserves or sanctuaries for the bene-
ers. fit of future generations.
History-s. 15, ch. 70-3M. History-s. 1, Ch. 75-172.

258.32 Withdrawal of lands from system.-Except 258.37 Definitions.-As used in ss. 258.35 throuph
pursuant to s. 258.23(2)(b), no part of any wilderness 258.46:
area -may be withdrawn from the -state wilderness sys- (1) "Aquatic preserve" means -an exceptional area of
tern except by resolution of the Dep-rtment of Natural submerged lands and its associated waters set aside for
Resources and only after notice of such proposed with. being maintained essentially in its natural or existing
drawal is published in each county in which the area af- condition.
fected is located, in the manner prescribed by law and (2) "Biological type" means an area set aside to pro-
after a public meeting is held, if requested. mote certain forms of animal or plant life or their support,
History-s. 16, ch. 70-355; s. 2, ch. 72-M9; s. 11, ch. 77-126 ing habitat.

1710

F.S. 1985 STATE PARKS AND PRESERVES Ch. 258

(3) "Aesthetic type" means an area set aside to line of said creek to its intersection with the southerly
maintain certain scenic qualities or amenities. right-of-way of Hall Roacl@ thence proceed westerly
(4) "Scientific type" means an area set aside to main- along said right-of-way to the westerly ordinary high wa-
tain certain qualities or features which have scientific ter line of Sykes Creek; thence southerly along said ordi-
value or significance. nary high water line to its intersection with the ordinary
(5) 'Board" means the Board of Trustees of the Inter- high water line of Newfound Harbor; thence proceed
nal improvement Trust Fund. southerly along the westerly ordinary high water line of
History-s. 1. ch. 75-172. Newfound Harbor to the POINT OF BEGINNING.
25B.38 Types of aquatic preserves.-Each aquatic (7)(a) Indian River-Malabar to Vero Beach Aquatic
preserve shall be characterized as being one or more of Preserve, as described in the Official Records of Brevard
the following principal types: County in Book 1143, pages 199-202, and in the Official
(1) Biological. Records of Indian River County in Book 368, pages 5-8
(2) Aesthetic. and the sovereignty submerged lands lying within the
(3) Scientific. following described boundaries, excluding those lands
mostory-s. 1, ch. 75-17Z contained within the corporate boundary of the City of
Vero Beach as of the effective date of this act: Com-
258.39 Boundaries of preserves.-The submerged mence at the intersection of the north line of Section 31,
lands included within the boundaries of Nassau, Duval, Township 28 South, Range 38 East, and the westerly
St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lu- mean high water line of Indian River for a point of begin-
cie, Charlotte, Pinellas, Martin, Palm Beach, Dade, Mon- ning; thence from the said point of beginning proceed
roe, Collier, Lee, Citrus, Franklin, Gulf, Bay, Okaloosa, northerly, westerly, and easterly along the mean high
Santa Rosa, Hernando, and Escambia Counties, as water line of Indian River and its navigable tributaries to
hereinafter described, with the exception of privately an intersection with the north line of Section 24, Town-
held submerged lands lying landward of established ship 28 South, Range 37 East; thence proceed easterly,
bulkheads and of privately held submerged lands within to a point on the easterly mean high water line of Indian
Monroe County where the establishment of bulkhead River at its intersection with the north line of Section 20,
lines is not required, are hereby declared to be aquatic Township 28 South, Range 38 East; thence proceed
preserves. Such aquatic preserve areas include: southerly, along the easterly mean high water line of In-
(1) The Fort Clinch State Park Aquatic Preserve, as dian River to the most westerly tip of Blue Fish Point in
described in the Official Records of Nassau County in said Section 20, thence proceed southwesterly to the in-
Book 108, pages 343-346, and in Book 111, page 409. tersection of the westerly mean high water line of Indian
(2) Nassau River-St. Johns River Marshes Aquatic River with the north line of Section 31, Township 28
Preserve, as described in the Official Records of Duval South, Range 38 East and the point of beginning: And
County in Volume 3183, pages 547-552, and in the Off i- also commence at the intersection of the i arthern Vero
cial Records of Nassau County in Book 108, pages 232- Beach city limits line in Section 25, Township 32 South,
237. Rance 39 East, and the westerly mean high water line
(3) Pellicer Creek Aquatic Preserve, as described in of lr@dian River for the point'of beginning: Thence from
the Official Records of St. Johns County in Book 181, the said point of beginning proceed northerly, along the
paces 363-366, and in the Official Records of Flagler westerly mean high water line of Indian River and its nav-
Cc@unty in Book 33, pages 131-134. iciable tributaries to an intersection with the south line
(4) Tomoka Marsh Aquatic Preserve, as described in &f Section 14, Township 30 South, Range 38 East;
the Official Records of Flagler County in Book 33, paces thence proceed easterly, along the easterly projection
135-138, and in the Official Records of Volusia County of the south line of said Section 14, to an intersection
in Book 1244, pages 615-618. with the easterly right-of-way line of the Intracoastal Wa-
(5) Mosquito Lagoon Aquatic Preserve, as de- terway; thence proceed southerly, along the easterly
scribed in the Official Records of Volusia County in Book right-of-way line of the Intracoastal Waterway, to an in-
1244, pages 619-623, and in the Official Records of Bre- tersection with the northerly line of the Pelican Island Na-
vard County in Book 1143, pages 190-194. tional Wildlife Refuge; thence proceed easterly, along
(6) Banana River Aquatic Preserve, as described in the northerly line of the Pelican Island National Wildlife
the Official Records of Brevard County in Book 1143, Refuge, to an intersection with the easterly mean high
pages 195-198, and the sovereignty submerged lands water line of Indian River; thence proceed southerly
lying within the following described boundaries: BEGIN along the easterly mean high water line of Indian River
,at the intersection of the westerly ordinary high water and its tributaries, to an intersection with the northern
line of Newfound Harbor with the North line of Section Vero Beach city limits line in Section 30, Township 32
12; Township 25 South, Range 36 East, Brevard County: South, Range 40 East; thence proceed westerly and
Thence proceed northeasterly crossing Newfound Har- southerly, along the northern Vero Beach city limits line
bor to the intersection of the South line of Section 31, lo an in-tersection with the-easterly mean high water line
Township 24 South, Range 37 East, with the easterly or- of Indian River and the point of beginning.
dinary high water line of said Newfound Harbor; thence (b) For purposes of the Indian F@iver-Malabar to Vero
proceed northerly along the easterly ordinary high water Beach Aquatic Preserve, a lease of sovereign sub-
line of Newfound Harbor to its intersection with the east- merged lands for a noncommercial dock may be
erly ordinary high water line of Sykes Creek; thence pro- deemed to be in the public interest when the noncom-
ceed northerly along the easterly ordinary high watFr mercial dock constitutes a reasonable exercise of ripari-

1711

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

an rights and is consistent with the preservation of the 337, pages 2159-2162, and in the Official Records of St,
exceptional biological, aesthetic, or scientific values Lucie County in Book 201, pages 1676-1679.
which the aquatic preserve was created to protect. (13) Yellow River Marsh Aquatic Preserve, as de-
(8) Indian River-Vero Beach to Fort Pierce Aquatic scribed in the Official Records of Santa Rosa County in
Preserve, as described in the Official Records of Indian Book 206, pages 568-571.
River County in Book 368, pages 9-12, and in the Official - (14) Fort Pickens State Park Aquatic Preserve, as
Records of St. Lucie County in Book 187, pages 1083- described in the Official Records of Santa Rosa County
1086. in Book 220, pages 60-63, and in the Official Records of
(9) Jensen Beach to Jupiter Inlet Aquatic Preserve, Escambia County in Book 518, pages 659-662.
as described in the Official Records of St. Lucie County (15) Rocky Bayou State Park Aquatic Preserve, as
in Book 218, pages 2865-2869. described in the Official Records of Okaloosa County in
(10) Loxahatchee River-Lake Worth Creek Aquatic Book 593, pages 742-74.17..
Preserve, as described in the Official Records of Martin (16) St. Andrews State Park Aquatic Preserve, as
County in Book 320, pages 193-196, and in the Official described in the Official Records of Bay County in Book
Records of Palm Beach County in Volume 1860, pages 379, pages 547-550.
806-809, and the sovereignty submerged lands lying (17) St. Joseph Bay Aquatic Preserve, as described
within the following described boundaries: Begin at the in the Official Records of Gulf County in Book 46, pages
intersection of the easterly mean high water line of the 73-76.
North Fork of the Loxahatchee River wit., the northerly (18) Apalachicola Bay Aquatic Preserve, as de-
mean high water line of the Loxahatchee River, being in scribed in the Official Records of Gulf County in Book 46,
Section 36, Township 40 South, Range 43 East, Palm pages 77-81, and in the Official Records of Franklin
Beach County: Thence proceed easterly along the County in Volume 98, pages 102-106.
northerly mean high water line of the Loxahatchee River (19) Alligator Harbor Aquatic Preserve, as described
to the westerly right-of-way of U.S. Highway 1; thence in the Official Records of Franklin County in Volume 98,
proceed southerly along said righl-of -way to the souther- pages 82-85.
ly mean high water line of said river; thence proceed (20) St. Martins Marsh Aquatic Preserve, as de-
easterly along the southerly mean high water line of said scribed in the Official Records of Citrus County in Book
river to its intersection with the easterly mean high water 276, pages 238-241
line of the Lake Worth Creek; thence proceed northwest- (21) Matlacha Pass Aquatic Preserve, as described
erly crossing the Loxahatchee River to the point of be- in the Official Records of Lee County in Book 800, pages
ginning: And also: Commence at the southwest corner 725-728.
of Section 16, Township 40 South, Range 42 East Martin (22) Pine Island Sound Aquatic Preserve, as de-
County; thence proceed north along the west line of scribed in the Official Records of Lee County in Book
Section 16 to the mean high water line of the Loxahat- 648, pages 732-736.
chee River being the point of beginning: thence pro- (23) Cape Romano-Ten Thousand Islands Aquatic
ceed southerly along the easterly mean high water line Preserve, as described in the Official Records of Collier
of said river and its tributaries to a point of nonnavigabili- County in Book 381, pages 298-301.
ty; thence proceed westerly to the westerly mean high (24) Lignumvitae Key Aquatic Preserve, as de-
water line of said river; thence proceed northerly along scribed in the Official Records of Monroe County in Book
the westerly mean high water line of said river and its 502, pages 139-142.
tributaries to its intersection with the westerly line of (25) Coupon Bight Aquatic Preserve, as described
Section 16, Township 40 South, Range 42 East: thence in the Official Records of Monroe County in Book 502,
proceed southerly along the said westerly section line pages 143-146.
to the point of beginning: And also begin where the (26) Lake Jackson Aquatic Preserve, as established
southerly mean high water line of the Southwest Fork of by chapter 73-534, Laws of Florida, and defined as au-
the Loxahatchee River intersects the westerly line of thorized by Is. 253.151 or as otherwise authorized by
Section 35, Townshi 'D 40 South, Range 42 East: Thence law.
proceed southwesterly along the southerly mean high (27) Pinellas County Aquatic Preserve, as estab-
water line of the Southwest Fork to the northeasterly lished by chapter 72-663, Laws of Florida: Boca Ciega
face of structure #46@ thence proceed northwesterly Aquatic Preserve, as established by s. 258.16@ and the
along the face of said structure to the northerly mean Biscayne Bay Aquatic Preserve, as established by s.
high water line of the Southwest Fork; thence proceed 258.165. If any provision of this act is in conflict with an
northeasterly along said mean high water line to its inter- aquatic preserve established by s. 258.396, chapter 72-
section with the westerly line of Section 35, Township 40 663, Laws of Florida, or s. 258.397, the stronger provi-
South, Range 42 East; thence proceed southerly along sion for the maintenance of the aquatic preserve shall
westerly line of said section to the point of beginning. prevail.
(11) Biscayne Bay-Cape Florida to Monroe County 1 (28) Estero Bay Aquatic Preserve, the boundaries of
Line Aquatic Preserve, as described in the Official Rec- which are generally@ All of those sovereignty submerged
ords of Dade County in Book 7055, pages 852-856, less, lands locaTed bayward of the mean high-water line being
however, those lands and waters as described in s. in Sections 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26,
258.165. 27, 35, and 36, Township 46 South, Range 24 East; and
(12) North Fork, St. Lucie Aquatic Preserve, as de- in Sections 19, 20, 28, 29, and 34, Township 46 South,
scribed in the Official Records of Martin County in Book Range 24 East, lying north and east of Matanzas Pass

1712

F.S. IzI85 STATE PARKS AND PRESERVES Ch. 258

Channel; and in Sections 19, 30, and 31. Township 46 dividing Charlotte and Lee Counties, thence southwest-
South, Range 25 East; and in Sections 6, 7, 17, 18, 19, erly along a straight line to the most southerly point of
20, 29, 30, 31, and 32, Township 47 South, Range 25 Devil Fish Key, thence continue along said line to the
East@ and in Sections 1, 2, 3, 11, 12, 13_14, 24, and 25, easterly righl-of-way of the Intracoastal Waterway and
Township 47 South, Range 24 East, in Lee County, Flori- the end of the southerly limits. Westerly limits: Begin at
da. Any and all submerged lands conveyed by the Trust- the point,of ending of the southerly limits as described
ees of the Internal Improvement Trust Fund prior to Oc- above, thence northerly along the easterly right-of-way
tober 12, 1966, and any and all uplands now in private line of the Intracoastal Waterway to its intersection with
ownership are specifically exempted from this preserve. a southerly extension of the west line of Section 18,
(29) Cape Haze Aquatic Preserve, the boundaries of Township 42 South, Range 21 East, thence north along
which are generally: That part of Gasparilla Sound, Cat- said line to point of beginning.
fish Creek, Whiddon Creek, "The Cutoff,"Turtle Bay, and (30) Wekiva River Aquatic Preserve, the boundaries
Charlotte Harbor lying within the following described iim- of which are generally: All the state-owned sovereignty
its: Northerly limits: Commence at the northwest corner lands lying waterward of the ordinary high-water mark
of Section 18, Township 42 South, Range 21 East, of the Wekiva River and the Little Wekiva River and their
thence south along the west line of said Section 18 to tributaries lying and being in Lake, Seminole, and Or-
its intersection with the Government Meander Line of ange counties and more particularly described as fol-
1843-1844, and the point of beginning, thence south- lows:
easterly along said meander line to the northwesterly (a) In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and
shoreline of Catfish Creek, thence northeasterly along 30, Township 20 South, Range 29 East. These sections
said shoreline to the north line of said Section 18, thence are also depicted on the Forest City Quadrangle
east along said north line to the easterly shoreline of Cat- (U.&G.S. 7.5 minute series-topographic) 1959 (70PR);
fish Creek, thence southeasterly along said shoreline to and
the east line of said Section 18, thence south along said (b) In Sections 3, 4, 8. 9, and 10, Township 20 South,
east line, crossing an arm of said Catfish Creek to the Range 29 East and in Sections 21, 28, and 33, Township
southerly shoreline of said creek, thence westerly along 19 South, Range 29 East lying north of the right-of-way
said southerly shoreline and southerly along the easterly for the Atlantic Coast Line Railroad arid that part of Sec-
shoreline of Catfish Creek to said Government Meander tion 33, Township 19 South, Range 29 East, lying be-
Line, thence easterly and southeasterly along said me- tween the Lake and Orange County lines and the right-
ander line to the northerly shoreline of Gasparilla Sound of-way of the Atlantic Coast Line Railroad. These sec-
in Section 21, Township 42 South, Range 21 East, tions are also depicted on the Sanford SW Quadrangle
thence easterly along said northerly shoreline and north- (U.S.G.S. 7.5 minute series -topographic) 1965 (70-1);
easterly a!ong the westerly shoreline of Whiddon Creek and
to the east west quarter line in Section 16, Township 42 (c) All state-owned sovereignty lands, public lands,
South, Range 21 East, thence east along said quarter and lands whether public or private below the ordinary
line and the quarter Section line of Section 15, Township high-water mark of the Wekiva River and the Little
42 South, Range 21 East to the easterly shoreline of Wekiva and their tributitries within the Peter Miranda
Whiddon Creek, thence southerly along said shoreline Grant in Lake County lying below the 10 foot m.s.l. con-
to the northerly shoreline of 'The Cutoff," thence easterly tour line nearest the meander line of the Wekiva River
along said shoreline to the westerly shoreline of Turtle and all state-owned sovereignty lands, public lands, and
Bay, thence northeasterly along said shoreline to its in- lands whether public or private below the ordinary high-
tersection with said Government Meander Line in Sec- water mark of the Wekiva River and the Little Wekiva
tion 23, Township 42 South, Range 21 East, thence and their tributaries within the Moses E. Levy Grant in
northeasterly along said meander line to the east line of Lake County below the 10 foot m.s.l. contour line near-
Section 12, Township 42 South, Range 21 East, thence est the meander lines of the Wekiva River and Black Wa-
north along the east line of said Section 12, and the east ter Creek as depicted on the PINE LAKES 1962 (70-1).
line of Section 1, Township 42 South, Range 21 East to ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and
the northwest corner of Section 6, Township 42 South, SANFORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S.
Range 22 East, thence east along the north line and ex- 7.5 minute topographic); and
tension thereof of said Section 6 to a point 2,640 feet (d) All state-owned sovereignty lands, public lands,
east of the westerly shoreline of Charlotte Harbor and and lands whether public or private below the ordinary
the end of the northerly limits. Easterly limits: Com- high-water mark of the Wekiva River and the Little
mence at the northwest corner of Section 6, Township Wekiva River and their tributaries lying below the 10 foot
42 South, Range 22 East, thence east along the north m.s.l. contour line nearest the meander line of the
line of said Section 6 and extension thereof to a pr;nt Wekiva and St. John's Rivers as shown on the ORANGE
2,640 feet east of the westerly shoreline of Charlotte CITY 1964 (70PR), SANFORD 1965 (70-1), and SAN-
Harbor and the point of beginning, thence southerly FORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S. 7.5
along.--a--Iine-2,640 feet easterly of and parallel with -the minute topographic) within the following @ described
westerly shoreline of Charlotte Harbor and along a property. Beginning at a point on the south boundary of
southerly extension of said line to the line dividing Char- the Moses E. Levy Grant, Township 19 South, Range 29
lotte and Lee Counties and the end of the easterly limits. East, at its intersection with the meander line of the
Southerly limits: Begin at the point of ending of the east- Wekiva River: thence south 601/i degrees east along
erly'limits, above described, said point being in the line said boundary line 4,915.68 feet; thence north 291/2 de-

1713

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

grees east 15,516.5 feet to the meander line of the St. 17 to the northwest corner of said Section 17; thence
John's River; thence northerly aiong the meander line of proceed westerly along the northerly line of Section 18
the St. John's River to the mouth of the Wekiva River; to the southeast corner of Section 12, Township 52
thence southerly along the meander line of the Wekiva South, Range 26 East: thence proceed northerly along
River to the beginning@ and the easterly lines of Sections 12, 1, 36 and 25 to the
(e) All state-owned sovereignty lands, public'lands, northeast corner of said Section 25, Township 51 South,
and lands whether public or private below the ordinary Range 26 East; thence proceed westerly along the
high-water mark of the Wekiva River and the Little northerly lines of Sections 25 and 26 to the northwest
Wekiva River and their tributaries within the Peter Miran- corner of said Section 26; thence proceed northerly to
da Grant lying east of the Wekiva River, less the follow- northeast corner of said Section 22; thence proceed
ing: westerly along the northerly lines of Sections 22 and 21
1. State Road 46 and all land lying south of said to the northwest corner of said Section 21; thence pro-
State Road No. 46. ceed southerly to the southwest corner of said Section
2. Beginning 15.56 chains West of the Southeast 21; thence proceed westerly along the northerly line of
corner of the SW 1/4 of the NE 1/4 of Section 21, Township Section 29 to the northwest corner thereof; thence pro-
19 South, Range 29 East, run east 600 feet; thence north ceed southerly along the westerly lines of Sections 29
960 feet; thence west 340 feet to the Wekiva River; and 32 to the southwest corner of said Section 32;
thence southwesterly along said Wekiva River to point thence proceed westerly to the northwest corner of Sec-
of beginning. tion 6, Township 52 South, Range 26 East; thence pro-
3. That part of the east 114 of the SW 114 of Section ceed southerly along a projection of Range line 25 East
22, Township 19 South, Range 29 East, lying within the to its intersection with a line which runs westerly from
Peter Miranda Grant east of the Wekiva River. the southwest corner of Cape Romano - Ten Thousand
(f) All the sovereignty submerged lands lying within islands Aquatic Preserve; thence proceed easterly to
the following described boundaries: Begin at the inter- the southwest corner of Cape Romano - Ten Thousand
section of State Road 44 and the westerly ordinary high Islands Aquatic Preserve; thence proceed northerly to
water line of the St. Johns River, Section 22, Township the point of beginning. Less and except: Begin at the
17 South, Range 29 East, Lake County: Thence proceed southeast corner of Section 21 ', Township 52 South,
southerly along the westerly ordinary high water line Of Range 25 East; thence proceed northerly along the east-
said river and its tributaries to the intersection of the erly lines of Sections 21 and 16 to the northeast corner
northerly right-of-way of State Road 400; thence pro- of said Section 16, thence proceed northerly to the
ceed northeasterly along said right-of-way to the easter- thread of John Stevens (reek; thence proceed north-
ly ordinary high water line of the St. Johns River; thence westerly along the thread of said creek to its intersection
proceed northerly along said ordinary high water line of with the thread of Marco River; thence proceed north-
the St. Johns River and its tributaries to its intersection westerly and westerly along the thread of said river to
with the easterly ordinary high water line of Lake Beres- its intersection with the thread of Big Marco Pass;
ford: thence proceed northerly along the ordinary high thence proceed southwesterly along the thread of Big
water line of said lake to its intersection with the wester- Marco Pass:to its intersection with Range line 25 East-
ly line of Section 24, Township 17 South, Range 29 East; thence proceed southerly along Range line 25 East to
thence proceed northerly to the southerly right-of-way of a point which is west from the point of beginning:
West New York Avenue; thence proceed westerly along Thence proceed easterly to the point of beginning.
the southerly right-of-way of said avenue to its intersec-
tion with the southerly right-of-way line of State Road 44; Any and all submerged lands theretofore conveyed by
thence proceed southwesterly along said right-of-way to the Trustees of the Internal Improvement Trust Fund and
the point of beginning. any and all uplands now in private ownership are specifi-
(31) Rookery Bay Aquatic Preserve, the boundaries cally exempted from this dedication.
of which are generally: All of the state-owned sovereign- History-s. 1. ch. 75-172; s. 1, ch. 76-109; s. 1. Ch@ 7&211; s. 84. ch. 77-104: s.
. . 1 ch a3-62 s. 2, ch. 84-31Z s. 1, ch. 85-345.
ty lands lying waterward of the mean high-water line in 'INote.-S'ee former s. 253.151, F.& '81.
Rookery Bay and in Henderson Creek and the tributaries
thereto in Collier County, Florida. Said lands are more 258.391 Cockroach Bay Aquatic Preserve.-The
particularly described as lying and being in Sections 27, designation by the Board of Trustees of the Internal Im-
34, 35, and 36, Township 50 South, Ranoe 25 East; in provement Trust Fund on May 18, 1976, of the following
Section 31, Township 50 South, Range 26 East: in Sec- described area in Hillsborough County for inclusion in
tions 1, 2. 3. 10, 11, 12, 13, 14, 23, 24, and 25, Township the aquatic preserve system under the Florida Aquatic
51 South, Range 25 East; and in Sections 5, 6, 7, 8, 9. Preserve Act of 1975 is hereby confirmed. Such area, to
10, 15, 16, 17, 418, 19, 20, 30, and 31, Township 51 South, be known as the Cockroach Bay Aquatic Preserve, shall
Range 26 East, Collier County, Florida, and all the sover- be included in the aquatic preserve system for the peri-
eignty submerged lands lying within the following de- od of a 40-year lease of such area by the board from the
scribed boundaries: Begin at the southwest corner of Tampa Port Authority and shall include the following de-
Section 30, Township 52 South, Range 27 East, Collier scribed real property: Begin at the northeast corner of
County: Thence proceed easterly Plong the southerly Section 1, Township 33 South, Range 17 East, Manatee
line of said Section 30 to the southw"t corner of Section County, thence west along the north line of said Section
29, Township 52 South, Range 27 East: proceed thence 1 to its intersection with the mean high-water line of
northerly along the westerly lines of Sections 29, 20 and Tampa Bay, said point being the point of beginning:

1714

STATE PARKS AND PRESERVES Ch. 258

from said point of beginning continue west 500 feet into shoreline of Charlotte Harbor and along a southerly ex-
the waters of Tampa Bay, thence northeasterly along a tension of said line to the line dividing Charlotte and Lee
line 500 feet westerly of the mean high-water line of Tam- Counties: thence southwesterly along a straight line to
pa Bay, said line also being 500 feet westerly of the the most southerly point of Devil Fish Key-, thence along
mean high-water line on Beacon Key, Snake Key, Camp said line to the easterly right-of-way of the Intracoastal
Key, Big Pass Key, Little Cockroach Island, and Sand Waterway;. thence northerly along the easterly right-of-
Key, to a point due west from Bird Key. thence east to way of the, Intracoastal Waterway to its intersection with
the most southwesterly point of Bird Key, thence easter. a southerly extension of the west line of Section 18,
ly along a channel along the northerly side of Tropical Is- Township 42 South, Range 21 East; thence north along
land and of Goat Island to the most easterly point of said said line to the point of beginning. Said boundary ex-
Goat Island, thence south to the intersection of the tends across the mouths of all artificial waterways, but
mean high-water line of the southerly shore of the Little includes all tidally connected natural waterways.
Manatee River, thence in a northwesterly, westerly, and History-s. 1, ch. 79-115.
southwesterly direction along the mean high-water line 258.393 Terra Ceia Aquatic Preserve wastewater
of Tampa Bay and Cockroach Bay to the point of begin- or effluent discharge activities.-
ning. Less any islands, submerged lands, or uplands not (1) The following described area in Manatee County
owned by the Tampa Port Authority.
hislory-s. 1. ch. 7&197. is hereby designated by the Legislature for inclusion in
the aquatic preserve system under the Florida Aquatic
258.392 Gasparilla Sound-Charlotte Harbor Aquat- Preserve Act of 1975. Such area, to be known as the Ter-
ic Preserve.-The following described area in Lee and ra Ceia Aquatic Preserve, shall be included in the aquat-
Charlotte Counties is designated by the Legislature for ic preserve system and shall include the following de-
inclusion in the aquatic. preserve system under the Flori. scribed real property: Begin at a point 165 feet north of
da Aquatic Preserve Act of 1975, Such area, to be the southwest corner of the northwest quarter of Section
known as the Gasparilla Sound-Charlotte Harbor Aquat- 12, Township 33 South, Range 17 East, Manatee Coun-
ic Preserve, shall be included in the aquatic preserve ty, thence run west to the mean high-water line of Tam-
system and shall include the following described real pa Bay, said point being the point of beginning. From
property: Commence at the northwest corner of Section said point of beginning, run northwesterly into the wa-
18, Township 42 South, Range 21 East; thence northerly ters of Tampa Bay and parallel to the Port Manatee ship
along the line of mean high water to the intersection of channel to the Manatee-Hillsborough county line; thence
State Road 776 with said mean high-water line; thence run southwest along the Manatee-Hillsborough county
south-southwesterly along said road to the intersection line to its intersection with the Intracoastal Waterway;
of said road with the mean high-water line of Gasparilla thence run south-southwesterly along the Intracoastal
Island; thence southerly along said mean high-water line Waterway to a point on a line connecting the western-
to the most southerly point of Gasparilla Island; thence most tip of Snead Island (Manatee County) to the south-
southeasterly to the northernmost point at the mean ernmost tip of Mullet Key (Pinellas County); thence run
high-water line on Lacosta Island; thence southeasterly southeasterly along said,line to the westernmost tip of
along said mean high-water line to the northwest corner Snead Island (also known as Emerson Point); thence run
of Section 6, Township 44 South, Range 21 East* thence in a northeasterly direction along the mean high-water
east to a northerly extension of the east line of'Section line of Tampa Bay, Terra Ceia Bay, where the mean high-
25, Township 44 South, Range 21 East; thence south- water line intersects the north line of U.S. Government
easterly along the mean high-water line of Pine Island to Lot 4, Section 16, Township 34 South, Range 17 East;
the intersection of the east line of Section 28, Township thence east along the said north line of U.S. Government
43 South, Rance 22 East, with said mean high-water line; Lot 4 and the easterly extension thereof a distance of
1, 111 feet more or less to the mean high water line at a
thence northeasterly to the intersection of the north line seawall; thence meander in a northwesterly, westerly,
of Section 23, Township 43 South, Range 22 East with northerly direction along the seawall of a canal: thence
the mean high-water line; thence northerly along said in a northeasterly direction along the mean high water
mean high-water line to the intersection of State Road line of Miguel Bay, Joe Bay, and Bishop Harbor to the
45 (U.S. Highway 41) with said mean high-water line;
thence northwesterly along said road to the intersection point of beginning, including tidal waters of all tribu-
of said road with the mean high-water line at Live Oak taries: less all privately titled submerged lands and up-
Point: thence westerly along the mean high-water line to lands.
the intersection of State Road 771 with said mean high- (2) Wastewater or effluent discharge activities from
water line; thence south-southwesterly along said road an existing stationary facility or existing stationary instal-
to the intersection of said road with the mean high-water lation which has been approved pursuant to state law
line, on the southern shore of the Myakka River-, thence or federal law or for which facility or installation an appli-
southerly along the mean high-water line of the westerly cation has been filed before June 24, 1984, are exempt
Irorn the requirements of -this chapter.
shore -of Charlotte Harbor to the -northwest corner of History-s. 1. ch. 84-312; s. 4, ch. 85-345.
Section 6, Township 42 South, Range 22 East; thence
east along the north line and extension thereof of said 258.394 Guana River Marsh Aquatic Preserve.-
Section 6 to a point 2,640 feet east of the westerly shore- The following described area in St. Johns County is
line of Charlotte Harbor; thence southerly along a line hereby designated by the Legislature for inclusion in the
2,640 feet easterly of and parallel with the westerly aquatic preserve system under the Florida Aquatic Pre-

1715

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

serve Act of 1975. Such area. to be known as the Guana those local access channels acipcent to Keaton Beach
River Marsh Aquatic Preserve, shall be included in the and a proposed navigational channel more particularly
aquatic preserve system and shall include all the sover- described as follows: Begin at State Plane Coordinate-,
eignty submerged lands and other state-owned lands ly- X=2,288,032; Y=298,365: Thence proceed West 11,608
ing within the following described boundaries: Begin at feet; thence proceed south 1,440 feet-, thence proceed
the intersection of the westerly projection of the south east 11,608 feet; thence proceed north 1,440 feet to the
line of Section 18, Township 6 South, Range 30 East, point of beginning- less and except all those sovereign
with the westerly mean high water line of Tolomato Riv- submerged lands lying northerly and easterly of U.S.
er: Thence proceed easterly along the south line of Sec- Highway 19.
tion 18 to the mean high water line of the Atlantic Ocean; history.-S. 3, Ch. 85-345.
thence proceed east three geographic miles into said
ocean@ thence proceed northerly running parallel with 258.396 Boca Ciega Bay Aquatic Preserve.-
said mean high water line to a point east of the intersec- (1) Boca Ciega Bay, in Pinellas County, as hereinaf-
tion of the southerly right-of-way of Micklers Road and ter described, is designated and established as an
the westerly right-of-way of U.S. A1A; thence proceed aquatic preserve under the provisions of this section. It
west to said intersection@ thence proceed southwesterly is the intent of the Legislature that Boca Ciega Bay be
along the southerly right-of-way of Micklers Road to its preserved, insofar as possible, in an essentially natural
intersection with the westerly mean high, water line of condition so that its biological and aesthetic values may
the Toiomato River: thence proceed southerly along the endure for the enjoyment of fu 'lure generations.
westerly mean high water line of said river and its tribu- (2)(a) For the purposes of this section, Boca Ciega
taries to the point of beginning. Bay, sometimes referred to in this section as "the pre-
History-s. 2. ch. 85@345. serve," shall be comprised of that body of water in Pinel-
258.395 Big Bend Seagi isses Aquatic Preserve.- las County which lies south of the State Road 688 bridge.
The following described area in Wakulla, Jefferson, Tay- at, or near, Indian Rocks- Beach and within the area en-
lor, Dixie, and Levy Counties is hereby designated by closed by a line as follows: Seginning at a point where
the east end of said bridge crosses the western shore-
the Legislature for inclusion in the aquatic preserve sys-
tem under the Florida Aquatic Preserve Act of 1975. line.of mainland Pinellas County and extending in a gen-
Such area, to be known as the Big Bend Seagrasse$ erally southerly direction along the western shoreline of
Aquatic Preserve, shall be included in the aquatic pre- mainland Pinellas County to the west end of the Semi-
serve system and shall include all the sovereignty sub- nole Bridge following the bridge easterly to exclude
merged lands lying within the following described Long Bayou and Cross Bayou, thence in a southerly di-
boundaries: Begin where the northerly mean high waiter rection including the western shoreline of the Sunshine
line of Withlacoochee River meets the mean high water Skyway Causeway and extending to the southern
line of the Gulf of Mexico, Township 17 South, Range 15 boundary of Pinellas County, thence westerly along the
-East, Levy County: Thence from the said point of begin- Pinellas County line and around Mullet Key along a line
ning proceed northwesterly along the mean high water 100,yards seaward of the shoreline of Mullet Key and
line of the coast and its navigable tributaries to the inter- northerly along a line passing 100 yards to the west of
section of the westerly mean high water line of St. Marks the shorelines of Summer Resort Key, Cabbage Key-and
River with the mean high water line of the Gulf of Mexico, Shell Key to the southernmost point of Long Key, thence
in Township 4 South, Range 1 East, Wakulla County; in a generally northerly direction along the inner shore-
thence proceed south three marine leagues into the Gulf line of Long Key, Treasure Island and Sand Key to a
of Mexico; thence proceed southeasterly along a line point where the west end of the State Road 688 bridge
three marine leagues from and parallel to the line of crosses the inner shoreline of Sand Key, thence easterly
mean high water previously described to an intersection along the south side of said bridge to the point of begin-
with a line projected west from the point of beginning; ning. The boundary of the preserve designated as the
thence proceed east to the point of beginning. Less and shoreline shall mean the line of mean high water along
except all those sovereignty submerged lands within such shoreline.
500 feel of any incorporated or unincorporated munici- (b) The preserve established by this section shall in-
pality within the above described lands. Less and ex- clude the submerged bottom lands, the water column
cept: Begin at the intersection of the southerly projec- upon such lands, and the islands owned by the state
tion of the east line of Range line 4 East with the mean within the boundaries of the preserve. Any privately held
high water line of the Gulf of Mexico; thence proceed land or submerged land within the established bulkhead
southwest to a point on the t';ree marine league line: lines or privately held islands within the preserve shall
thence proceed southeasterly three marine leagues be deemed to be excluded therefrom, The Board of
from and parallel to the mean high water line to a point Trustees of the internal improvement Trust Fund may
which is southwest of the intersection of the southerly negotiate an arrangement with any such private owner
-line of Section 22, Township 6 South, Range 6 East, Tay- whereby such lands or water bottoms may be included
ior County, with the mean high water line of the Gulf of within the preserve.
Mexico; thence proceed Northeast to the foresaid point (3) The Board of Trustees of the Internal Improve-
of intersection; thence proceed northwesterly along the ment Trust Fund are hereby directed to maintain Boca
mean high water line of the Gulf of Mexico and its tribu- Ciega Bay. as an aquatic preserve subject to the follow-
taries to the point of beginning. Less and except all ing provisions:

1716

F.S. 1985 STATE PARKS AND PRESERVES Ch. 258

(a) No further sale, transfer, or lease of sovereignty of its jurisdiction, powers, and duties.
submerged lands within the preserve shall be approved History-ss. 1. 2, 3. 4. 5@ 6. Ch. 69-342: ss. 27, 35, Ch 69-106
'Note.-See s. 26 ch. 75-22, which repealed s. 253.122. relating to the power to
or consummated by the board of trustees except upon fix Dulkheacl lines, and s 7(3) ch 75-22 (s. 253.1221), which feesiarAisheo all previ.
a showing of extreme hardship on the part of the appii- ousty establiShed bulkhead lines at the line of mean high water or ordinary high wa.
far
cant or when the overwhelming public interest so de- Note.-Former s. 258 16.
mands.
(b) No further dredging or filling of submerged lands 258.397 Biscayne Bay Aquatic Preserve.-
within the preserve shall be approved or tolerated by the (1) DESIGNATION. -Biscayne Bay in Dade and
board of trustees except: Monroe Counties, as hereinafter described to include
1. Such minimum dredging and spoiling as may be Card Sound, is designated and established as an aquat-
authorized for public navigation projects; ic preserve under the Provisions of this section. It is the
2. Such other alteration of physical conditions as intent of the Legislature that Biscayne Bay be preserved
may be necessary to enhance the quality or utility of the in an essentially natural condition so that its biological
preserve as determined by the Pinellas County Water and aesthetic values may endure for the enjoyment of
and Navigation Control Authority in a public hearing; and future generations.
3. Such dredging as is necessary for the purpose of (2) BOUNDARIES.-
eliminating conditions hazardous to the public health or (a) For the purposes of this section, Biscayne Bay,
for the purpose of eliminating stagnant waters, unsightly sometimes referred to in this section as "the preserve,"
mud flats, islands, and spoil banks the dredging of shall be comprised of the body of water in Dade and
which would enhance the aesthetic quality and utility of Monroe Counties known as Biscayne Bay whose bound-
the preserve and is clearly in the public interest as deter. aries are generally defined as follows:
mined by the Pinellas County Water and Navigation Begin at the southwest intersection of the right-of-way
Control Authority in a public hearing. of State Road 826 and the mean high-water line of Bis-
cayne Bay (Township 52 South, Range 42 East, Dade
There shall be no dredging beyond the bulkhead line for County); thence southerly along the westerly mean high-
the sole purpose of providing fill for upland or sub- water line of Biscayne Bay to its intersection with the
merged land within the bulkhead line. In addition there right-of-way of State Road 905A (Township 59 South,
shall be no drilling of wells, excavation for shell or miner- Range 40 East, Monroe County); thence easterly along
als, and no erection of structures (other than docks) such right-of-way to the easterly mean high-water line of
within the preserve, uniess such activity is associated Biscayne Bay; thence northerly along the easterly mean
with activity authorized by this section. high-water line of Biscayne Bay following th,@ westerly
1(c) The board of trustees shall not approve any sea- shores of the most easterly islands and Keys with con-
ward relocation of bulkhead lines or further establish- necting lines drawn between the closest points of adja-
ment of bulkhead lines except when a proposed bulk- cent islands to the southeasterly intersection of the
head line is located at the line of mean high water along right-of-way of State Road 826 and the mean hiah-water
the shoreline.
line of Biscayne Bay; thence westerly to the point of be-
(4)(a) The board of trustees shall adopt and enforce ginning. Said boundary extends'across the mouths of all
reasonable rules and regulations to carry out the provi- artificial waterways, but includes all natural waterways
sions of this section and specifically to provide: tidally connected to Biscayne Bay. Excluded from the
1. Additional preserve management criteria as may preserve are those submerged lands conveyed to the
be necessary to accommodate special --ircumstances; United States for the establishment of the Biscayne Na-
and tional Monument as defined by Pub. L. No. 90-606 of the
2. Regulation of human activity within the preserve United States.
in such a manner as not to interfere unreasonably with (b) The preserve established by this section shall in-
such lawful and traditional public uses of the preserve clude the submerged bottom lands and the water col-
as fishing (both sport and commercial), boating, and umn upon such lands, as well as all publicly owned is-
swimming. lands, within the boundaries of the preserve. Any pri-
(b) Other uses of the preserve, or human activity vately held upland within the boundaries of the preserve
within the preserve, although not originally contemplal- shall be deemed to be excluded therefrom. However,
ed, may be permitted by the board of trustees, but only the Board of Trustees of the Internal Improvement Trust
subsequent to a formal finding of compatibility with the Fund may negotiate an arrangement with any such pri-
purposes of this section. vate upland owner by which such land may be included
(5) Neither the establishment nor the management in the preserve.
of the Boca Ciega Bay Aquatic Preserve shall operate (c) The board of trustees. may transfer to the United
to infringe upon the riparian rights of upland property States any interest in lands, title to which is vested in the
owners adjacent to or within the preserve, Reasonable board of trustees, which are presently within the bound-
improvement for ingress and egress, mosquito control, aries of the preserve for inclusion-in the Biscayne Nation-
shore- protection, -bridges, causeways, and similar pur- al Monument or its successor should'the area be desig-
poses may be permitted by the board of trustees, sub- nated a national park. Transfers of interest under this
ject to the provisions of any other applicable laws under paragraph shall be subject to the following conditions:
the jurisdiction of other agencies, 1. All interests in oil, gas, or other mineral rights held
(6) Nothing herein shall be construed -to deprive the by the board of trustees shall be retained and not trans-
Pinellas County Water and Navigation Control Authority ferred to the United States.

1717

Ch. 258 STATE PARKS AND PRESERVES F.S. 1985

2. All rights to fish on the waters shall be retained the board of trustees, which approval may be granted
@.and not transferred to the United States. only it riprap construction is used in the seawall.
3. All rights to impose and collect state excise taxes (e) Notwithstanding other provisions of this section,
on the sales of alcohol or tobacco shall be retained and the board of trustees may, respecting lands lying within
not transferred to the United States. Biscayne Bayi
4. Transfers of interest shall be subject to'outstand- 1 . Enter into agreements for and establish lines de-
ing easements, reservations, or other interests appear- lineating sovereignty and privately owned lands.
ing of record. 2. Enter into agreements for the exchange of, and
(3) AUTHORITY OF TRUSTEES.-The Board of exchange, sovereignty lands for privately owned lands.
Trustees of the Internal Improvement Trust Fund is au- 3. Accept gifts of land within or contiguous to the
thorized and directed to maintain the aquatic preserve preserve.
hereby created pursuant and subject to the following 4. Negotiate for, and enter into agreements with
provisions: owners of lands contiguous to sovereignty lands for, any
(a) No further sale, transfer, or lease of sovereignty public and private use of any of such lands.
submerged lands in the preserve shall be approved or 5. Take any and all actions convenient for, or neces-
consummated by the board of trustees, except upon a sary to, the accomplishment of any and all of the acts
showing of extreme hardship on the part of the applicant and matters authorized by Ithis paragraph.
and a determination by the board of trustees that such (4) RULES,
sale, transfer, or lease is in the public interest. (a) The board of trustees shall adopt and enforce
(b) No further dredging or filling of submerged lands reasonable rules and regulations to carry out the provi-
of the preserve shall be approved or tolerated by the sions of this section and specifically to provide:
board of trustees except: 1. Additional preserve management criteria as may
1, Such minimum dredging and spoiling as may be be necessary to accommodate special circumstances.
authorized for public navigation projects or for such 2, Regulation of human activity within the preserve
minimum dredging and spoiling as may be constituted such a manner as not to interfere unreasonably with
as a public necessity or for preservation of the bay ac- lawful and tra ditional public uses of the preserve, such
as fishing (both sport and commercial), boating, and
cording to the expressed intent of this section. swimming.
2. Such other alteration of physical conditions as (b) Other uses of the preserve, or human activity
may be necessary to enhance the quality or utility of the within the preserve, although not originally contemplat-
preserve. ed, may be permitted by the board of trustees, but only
3. Such minimum dredging and filling as may be au- subsequent to a formal finding of compatibility with the
thorized for the creation and maintenance of marinas, purposes of this section.
piers, and docks and their attendant navigation chan- (c) Fishing involving the use of seines or nets is pro-
nels and access roads. Such projects may only be au- hibited in the preserve, except when the fishing is for
thorized upon a specific finding by the board of trustees shrimp oi@ mullet and such fishing is otherwise permitted
that there is assurance that the project will be construct- by state law or rules promulgated by the Department of
ed and operated in a manner that will not adversely af- Natural Resources.
.fect the water quality of the preserve. This subpara- (5) RIPARIAN RIGHTS.-Neither the establishment
graph shall not approve the connection of upland canals nor the management of the Biscayne Bay Aquatic Pre-
to the waters of the preserve. serve shall operate to infringe upon the riparian rights of
4. Such dredging as is necessary for the purpose of upland property owners adjacent to or within the pre-
eliminating conditions hazardous to the public health or serve. Reasonable iMpTovement for inoTess and egress,
for the purpose of eliminating stagnant waters, unsightly mosquito control, shore protection, pillblic utility expan-
mud flats, islands, and spoil banks, the dredging of sion, and similar purposes may be permitted by the
which would enhance the aesthetic quality and utility of board of trustees or Department of Environmental Regu-
the preserve and be clearly in the public interest as de- iation, subject to the provisions of any other applicable
te,rmined by the board of trustees. laws under the jurisdiction of other agencies.
Any dredging or filling .under this subsection or improve- (6) DISCHARGE OF WASTES PROHIBITED.-No
ments under subsection (5) shall be approved only afte Ir wastes or effluents which substantially inhibit the ac-
complishment of the purposes of this section shall be
.public notice and hearings in the area affected , pursuant discharged into the preserve.
to chapter 120. (7) ENFORCEMENT.-The provisions of this section
(c) There shall be no drilling of wells, excavation for may be ento.rced in accordance with the provisions of s.
shell or minerals, or erection of structures other than
docks within the preserve unless such activity is associ- 403.412. In addition, the Department of Legal Affairs is
ated with activity authorized by this section. authorized to bring an action for civil penalties of $5,000
1(d) The -board of trustees shall not approve any sea- per day against any per-son, natural or corporate, who
violates the provisions of this section or any rule or regu-
ward relocation of bulkhead lines or further establish- lation issued hereunder.
ment of bulkhead lines except when a proposed bul - (8) SECTIONS 403.501-403 515 APPLICASt E.-The
head line is located at the line of mean high water alon rovisions of this section shall'be subject to the provi-
the shoreline. Construction, replacement, or relocation R
slons of ss.. 403.501-403.515.
of seawalls shall be prohibited without the approval of History-ss, 1, Z 3, 4, 5. 6@ 7@ 8, ch. 74-171@ s. ZCh.r764W s. 1@ Ch, 77-174@ s.

1718

r.o. STATE PARKS AND PRESERVES Ch. 258

1*ch 78-101: s@ 12, ch 79-65: s. 1. ch. 80-204. (c) The board shall pay no more than $1 per year for
'Noto-Section 26, ch. 75-22, repealed s. 253.122, relating to the Dower to fix bulk- any such lease.
head lineS.
Note-l'o,mer s. 258.165. 6) Except as provided in subsection (5) no aquatic
preserve or any part thereof shall be withdrawn from the
258.40 Scope of preserves.- state aquatic preserve system except by an act of the
(1) The aquatic preserves established under this act Legislature. Not.ice of such proposed legislation shall be
shallinclude only lands or water bottoms owned by the published in each county in which the affected area is
state as set forth in s. 253.03 and such lands or water located, in the manner prescribed by law relating to local
bottoms owned by other governmental agencies as may legislation.
be specifically authorized for inclusion by appropriate in- (7) Within 30 days of the designation and establish-
strurnent in writing from such agency. Any privately ment of an aquatic preserve, the Board of Trustees of
owned lands or water bottoms shall be deemed to be the Internal Improvement Trust Fund shall record in the
excluded therefrom; however, the board may negotiate public records of the county or counties in which the
an arrangement with any such private owner by which aquatic preserve is located a legal description of the
such land may be included in the preserves. aquatic preserve.
(2) Any publicly owned and maintained navigation Hiptory-s. 1, ch. 75-172.
channel or other public works project authorized by the
United States Congress designed to improve or main- 258.42 Maintenance of preserves.-The Board of
tain commerce and navigation shall be deemed exclud- Trustees of the Internal Improvement Trust Fund shall
ed from the aquatic preserves established under this maintain such aquatic preserves subject to the following
act. provisions:
(3) All lands lost by avulsion or by artificially induced (1) No further sale, lease, or transfer of sovereignty
erosion shall be deemed excluded from the provilsio: s submerged lands shall be approved or consummated
of this act. by the trustees except when such sale, lease, or transfer
Hiswry-s. 1. ch. 75-172. is in the public interest.
'(2) The trustees shall not approve the waterward re-
258.41 Establishment of aquatic preserves.- location or setting of bulkhead lines waterward of the
(1) The board may establish additional areas to be line of mean high water within the preserve except when
included in the aquatic preserve system, subject to con- public road and bridge construction projects have no
firmation by the Legislature. reasonable alternative and it is shown to be not contrary
(2) The board may, after public notice and public to the public interest.
hearing in the county or counties in which the proposed (3)(a) No further dredging or filling of submerged
preserve is to be located, adopt a resolution formally set- lands shall be approved by the trustees except the fol-
ting aside such areas to be included in the aquatic pre- lowing activities may be authorized pursuant to a permit:
serve system. 1. Such minimum dredging and spoiling as may be
(3) The resolution setting aside an aquatic preserve authorized for public navigation projects.
area shall include: 2. Such minimum dredging and spoiling as may be
(a) A legal description of the area to be included@ authorized for the creation and maintenance of marinas,
(b) The designation of the type of aquatic preserve piers, and docks and their attendant navigation chan-
being set aside. nels.
(c) A gener3l statement of what is sought to be pre- 3. Such other alteration of physical conditions as
served. may, in the opinion of the trustees, be necessary to en-
(d) A clear statement of the management responsi- hance the quality or utility of the preserve or the public
billties for the area. health generally.
(4) Lands and water bottoms owned by other gov- 4. Such other maintenance dredging as may be re-
ernmental agencies may be included in an aquatic pre- quired for existing navigation channels.
serve upon specific authorization for inclusion by an ap- 5. Such restoration of land as authorized by s.
propriate instrument in writing from the governmental 253,124(8).
agency. 6. Such reasonable improvements as may be neces-
(5) Lands and water bottoms in private ownership sary for public utility installation or expansion.
may be included in an aquatic preserve upon specific 7. Installation and maintenance of oil and gas trans-
authorization for inclusion by an appropriate instrument portation facilities, provided such facilities are properly
in writing from the owner. The appropriate instrument marked with marine aids to navigation as prescribed by
shall be either a dedication in perpetuity or a lease, Such federal law.
lease shall contain the following conditions: (b) There shall, in no case, be any dredging seaward
(a) Term of the lease shall be for a minimum period of a bulkhead line for the sole or primary purpose of pro-
of 10years. viding fill for any area landward of a bulkhead line.
(b) The board shall have the power and duty to en- (c) There shall be no drilling of gas or oil wells. How-
force the provisions of each lease agreement and shall ever, this will not prohibit the state from leasing the oil
additionally have the power to terminate any lease if the and gas rights and permitting drilling from outside the
termination is in the best interest of the aquatic preserve preserve to explore for oil and gas if approved by the
system. board.

1719

Ch. 268 STATE PARKS AND PRESERVES F.S. 1985

(d) There shall be no excavation of minerals, except hereunder shall be further punishable by a civil penalty
The dredging of dead oyster shells as approved by the of not less than $500 per day or more than $5,000 per
Department of Natural Resources. day of such violation.
(e) There shall be no erection of structures within Hislory-s 5. ch 75-172
?
the preserve, except: PART IV
1. Private docks for reasonable ingress or egress of .
riparian owners; WILD AND SCENIC RIVERS
2. Commercial docking facilities shown to be consis
tent with the use or management criteria of the pre- 258.501 Myakka River; wild and scenic segment.
All, serve; and
3. Structures for shore protection, approved naviga- 1258.501 Myakka River; wild and scenic segment.-
tional aids, or public utility crossings authorized under (1) SHORT TITLE.-This act may be cited as the
subsection (3)(a). "Myakka River Wild and Scenic Designation and Preser-
(f) No wastes or effluents shall be discharged into vation Act,"
the preserve which substantially inhibit the accomplish- (2) LEGISLATIVE DECLARATION. -The Legislature
ment of the purposes of this act. finds and declares that a certain segment of the Myakka
(g) No nonpermitted wastes or effluents shall be di- River in Manatee, Sarasotai and Charlotte Counties pos-
rectly discharged into the preserve which substantially sesses outstandingly remarkable ecological, fish and
inhibit the accomplishment of the purposes of this act. wildlife, and recreational values which are unique in the
Hisxory-ss@ 1, 2. 4. ch. 75-172's. A, ch. 77-174. State of Florida. These values give significance to the
lNote.-See s. 26. Ch. 75-22, which repealed s. 253.122, relating 10 the power to
fix bulkhead lines. and s. 7(3), ch. 75-22 (s. 253.1221). which reestablished all Drevi- river as one which should be permanently preserved
ously established bulkhead imes at the line of mean high water or ordinary high wa. and enhanced for the citizens of the State of Florida,
ter.
ent
both present and future. The permanent managem
258.43 Rules and regulations.- and administration of the river involves a complex inter-
(1) The Board of Trustees of the Internal Improve- action of state, regional, and local interests which re-
ment Trust Fund shall adopt and enforce reasonable quire balancing and coordination of purpose. It is the in-
rules and regulations to carry out the provisions of this tention of the Legislature to provide for the permanent
act and specifically to provide regulation of human activ. preservation of the designated segment of the Myaklka
ity within the preserve in such a manner as not to unrea- River by way of development of a plan for permanent ad-
sonably interfere with lawful and traditional public uses ministration by agencies of state and local government
of the preserve, such as sport and commercial fishing, which will ensure the pr( tection necessary but retain
boating, and swimming. that degree of flexibility, responsiveness, and expertise
(2) Other uses of the preserve, or human activity which will accommodate all of the diverse interests in-
within the preserve, although not originally contemplat- volved in a manner best calculated to be in the public
ed, may be permitted by t;e trustees, but only subse- interest.
quent to a formal finding of compatibility with the pur- (3) DEFINITIONS.-As used in this act:
poses of this act. (a) "Actiyity" means the doing of any actor the failing
History-s. 1, ch. 75-172. to do any act, whether by a natural person or a corpora-
tion.
25B.44 Effect of preserves. - N either the establish- (b) 'Coordinating council" means the council creat-
ment nor the management of the aquatic preserves un- ed by subsection (6).
der the provisions of this act shall operate to infringe (c) "Department" means the Department of Natural
upon the traditional riparian rights of upland property Resources.
owners adjacent to or within the preserves. Reasonable (d) "Division" means the Division of Recreation and
improvement for ingress and egress, mosquito control. Parks of the Department of Natural Resources.
shore protection, public utility expansion, surface water (e) "Executive board" means the Governor and Cabi-
drainage, installation and maintenance of oil and qas net sitting as the head of the Department of Natural Re-
transportation facilities, and similar purposesflEo be sources.
permitted by the trustees subject to the provisions of (f) "Resource value" means any one or more of the
any other applicable laws under the jurisdiction of other specific economic, scenic, recreational, geologic, fish
aaencies. and wildlife, historic, cultural, or ecological features as-
History-s. 1. ch. 75-172. sociated with the river area as determined by the coordi-
258.45 Provisions not superseded.-The provi- nating council.
sions of this act shall not supersede, but shall be subject (g) "River area" means that corridor of land beneath
and surrounding the Myakka River from river mile 7.5 to
to, the provisions of ss. 403.501 through 403.515.
History-ss. 3, 6. Ch. 75-172. river mile 41.5, together with a corridor extending from
the center of the river to the rnw:imum upland extent of
258.46 Enforcement-, violations; penalty. -The -pro- wetlands vegetation.
visions of this act may be enforced by the Board of (4) DESIGNATION OF WILD AND SCENIC RIVER.-
Trustees of the Internal Improvemert Trust Fund or in The corridor of land surrounding and beneath the Myak-
accordance with the provisions of s. 403.412, However, ka River between river mile 7.5 and river mile 41.5 is
any violation by any person, natural or corporate, of the hereby designated as a Florida wild and scenic river for
provisic, ns of this act or any rule or regulation issued the purposes of this act and is subject to all of the provi-

1720

Appendix B FLORM & AQUA PRESSERVES

RULES
OF THE
DEPARTMENT OF NATURAL

RES0U0RCS

DIVISION OF STATE LANDS

FLORDIA AQUA PRESERVES
"3) 7hr im=r-j%-cs shall bc z6niinisitrc@
2-n6 -nanagt6 jr, 2=r6znc-. with tht foliowing
14B 6(@ 2e.'G.^2 Boundaries and Scom of tht I
Foals:
tn:"Zr)c-c thtst
L), DtFinitions. PDA. 19. 1 IE t.X=miOrZj I zrt.2.S of SCW%'tT--irnT%' SUbMMtd
nitriz.
tanas Dy masonamt rtru;zuon Of human
activitv within ihc Drt-srr%-,s throurh thc
b@ 6n-cjor) ment and Immemmalon of a
D. C, 0 1@ 4qCumuiativc lmr)acLs. comel-tntnsivc manarrmtn.,
wait-,, Of
b) 2q7o vroitm -anc tnhane, Inc
v
Do C :>. Inclusion of 2-ands, 7ilic 10 so Ma., .hc public 7naN, continue to
W'hich Is No-, 2qVtsicd in Ihz tn )0%1 Inc traditional -=tzlc:-.zl L-s--s cl host
Board, in 2 -P@rrv--- Sucn as swimyning' boating, and
c,11
T s-.zbiish-ntni o,- I xpansion of
(c) To coordinat- -iih fe6t-,21, statt, and
-.',D, D) Dj.8q@-
2.0q@ 1: local amc'es to a'6 in czrrvinr oui iht inicni
-xchznrc of Lands.
I Gifts or -'andm. or tht :..trisiziurz in creating thr preserves;
sLait, and
Indirtnous (6) aDmi=bir fttitml.
VrOZ=iz, which art
C" C, 8qRtsourm- compatipic w1in the initn-, ame provisions of
invetworits and 8qM=Ttmtn iht am and L .n--st rujt,,, and to assisi in
1@lzns ic- tht Pr=t-,m. "nanarinz Int
(c) 1 0 tncou-,,-Z-, Inc protection,
tnn2nC--MCn1.C7 MSIO,721iOn Of tht biOjOgiMI,
2=S1hCLiC, W scicnii5c vaiuts OF in-, Dr=t-'vr1'
4qCDord; ation -jih.
Govt7m-ntnt2J 2qALrmcj=. including bui no, hmhtc io int moom cation of
'C- stinr conditions ioward Lhti,-
tX'
-..Ziu-'2) condition, and d;ScOL*:'-a-'r z--ivitl*ts
0. C)C WhiCh WOU16 6CZ-26t th-, PtSlhtl0qk. bi0i0tiZZ!,
0qAh so%-tr=1rnTN' lands 'Kithin 2 DrtS-.-.'t
o-;mtnt;5cvaju=. o-jint ouziny, or, uzimyo: a
I C@ Int
shall bt nnznartc- 1)mm ar1j)
i)-=-,rvt, -qhtn rrvlrwinr. zDmications, 07
mz@nItnanc., ol tsstmizI)v nzwm) contiilior!.5
ulntn OrMoDing an d impitmenzing
jht D:-ODaration of fjsi-,' ano -wildhit. zn6 public
t.-ntn- i))zns ic7-
inciucing hunting and fishing mzrlzr r=s
board, an6 (r) -1 0 v--str-, vromoit' and uillitt
U-htrt 6etmce- a=)DrCD-1zIt DvInt
tnous hit ic-7ns =6 ii2bnzts. inc)uEing
Mair
Iht manarint: artnCv.
- - . : . -- DWIL nol 11=1tc it): svonm, son cv-21), hzrd
Tilt aouzlicvrimrr%m@ whicil 2rrOC'-Rrr1rw'm M
or
2ssr-1 .BnFmvt-,, Sall
.j90q2 and 8q:!4q54qE_0q3B' FjoriCip
SlaluICS. future water 0qm zrmhm. irtsh mud fjzts,
a 0 ua I0qi c vr4qwer,.ct
rslab0qijehed coursuani 10 rrn2qMi Or
tstuarint, aquatic. anc 0qnarant ram:
S2qm-cia0ql a2qms Of the 0qjerislaiurt, .2n0qd in 4qRult
inisirativ-, 2qCdt. -C'm zn6q@ non-rz0qmt 0qfzs6q@ s4qmmtz, tzuz4qrn--,. zouzt2qic
Aarn an0qd 2q-"'z0qn.T)t 2T)Vtrit--'Zj..'
2qis;2bitshc0qd 4qfor the j)uroOSr of bCin4q; ;)I I@LrVCC' 11) 2T' ts-'uZrint, 204q"tic
CSSrnIi20q11V n2lU-.al or txisti8qm! Conaltion so Inal invir 20qmc 4qmzrint mir4qm, shellfish and
a8q=Ihelit, biO0qiOqCJC20q1 Ind 6q;qcICn0q6r1C vaqiu8qw rqna)q*
rnourc sor Inc Cn @4qMlrntnl of future rentrations. (4qg) 7c acouir, z0q64qd6qiiiona) t0qiiqiq. init4qmsis in
.5oecir,r Authoril." 120. -25E`800) 4qlznqos su16q&, 2c6qquisliiiqon
s 0q-ou6qj4qe, strvt
im ' to c:- t.-a6qhznqc-, .2qh-. 6qbiqo6qior6qicalq, z=sihci6qi-,
r.Fjor;i;.. 2qHistor--Iwr- -7@2 @82,
C!* SC34q=q11131 112jults 0! Int 1)?1tsz-'%'tS*
Arn4qmaed F--
(h)
znc 4qwojogic Junctions, tht bmncnis ol which
BC-.7ut io tqh-, nv0qb0qhqc Z-. 0qiz4qmqrqt.

(6) For the purpose of clarification and
(4) Nothing in these ruies shall serve to
interpretation the legal description set fourth and
eliminate or alter the requirements or
authority of other governmental agencies follows 66 not include any land which is
including counties and municipainies to expressly recognized as privately owned
upland in 2 pre-existing recorded mean high
protect or enhance the preserves provided that
such requirements of authority are not water line settlement agreement between the
board and a private owner or owners
inconsistant with the act and this chapter
Provided, however in those instances wherein
executed by the owner authorizing the inclusion of a settlement agreement was executted
section 2(2) of chapter 73-534. Laws of Florida subsequent to the passage og the Florida
sections 258.40(1) and 258.41(5) Florida States Coastal Mapping AC the determination of the
(1) These rules shall only apply to those mean high water line shall, be in accordance .
sovereinty lands within a preserve title in which is
vested in the board and those other lands for which
the board has an appropriate instrument in writing (7) Persons interested in obtaining details of
particular preserves should contact the bureau of
executed by the owner authorizing the inclusion of
State Lanas Management. Department of Natural
specific lanos in an aquatic preserve pursuant to
section 2(2) of chapter 73-534. Laws of Florida Resources 3900 commonwealth Blvd
Sections 258.40(1) and 258.41(5). Florida Statues Tallahassee FL 32303 (Telephone 90-488 2297)
future aquatic preserves established through (2) The preserves are observed as follows
general or special acts of the legislature and 1. Fort Clinch State Park Aquatic
pursuant to rule 8 20.088 Florida

Administative code any publicly owned and
and in book 111 page 409
maintained navigation channel authorized by the
United states congress or other public works
project authorized by the unites states congress (a) Nassau river- st johns river
Marshes aquatic preserve as described in the
designed to improve and maintain commerce and official records of duval country in volume
navigation shall be deemed to be excluded from the
provisions of this chapter pursuant to subsection
258.40(2) Florida Statues furthermore all lanas
lost by avoision or by artifically indeed erosion

shall be deemed excluded from the provisions of this
chapter pursuant to Subsections 256.40(3) Florida

(2) These rules do not apply to Bota Ciega bay

(3) These rules are promuigated to clarify the
management functions as those functions apply

within the preserves impiementation and

responsibility for enviromental permitting of
activities and water quality protection within the
enviromental regulation since these rules are

considered cumulative with other rules a person
planning an activity within the preserves should
also cosult the other applicable department rules

example as well as the rules of the department of
enviromental regulation
(4) these rules shall not affect previous actions
of the board concerning the issuance of any
easement or lease or any disclaimer concerning
sovereinty lands
(5) the intent and specific provisions expressed
in 20 and apply generallt to all
existing or future aquatic preserves within the scope
of this chapter upon compietion of resource

inventory and approval of a management plan for a

preserve pursuant to 19-20.0013 the type
designation and the resource sought to be presented

18-20
FLORIDA AQUATIC PRESERVES

GENERAL LOCATION
or
FLORIDA, AQUATIC PRESERVES

1. FOR CAMEN SUNS DOWN
2. q@u ftq- q5',.jeq@ 4q-W
3.--Aw >q
4. v - m q@ 6 L W v t
5.-we 4q

.........
10 &.Cq"*w@
fkq-q-v,.m 6-q-qm , l. *N .Mm
to auq"q-1

fkq-q-LA-. qwrl" CMq@

-r.wv.. C.Cuny Lq@
Lmn&pq-q- 0-3
qU,

% x t w e m # % -

C - 0 = X T V - C h
%I. h " w o 6L&Mh
A'"0410, ftxftt-

Stan- (*am
kQCKv bq-'DU SIM. P&M
, 6umr,

Preserve as described in the Official Records 28. St. Andrews State Park Aquatic
of Marun County in Book 337 pages Preserve as described in the official records
2159-2162 and in the Official Records of St of bay county in book 379 pages 45.550
Lucie County in Book 201 pages 1676-1679 29. Rocky Bayou State Park Aquatic
12. Loxanaichee River- Lake Worth Preserve as described in the official records
Creek Aquatic preserve as described in the of Okaioosa County in Book 593, pages
Officail records of Marun County in Book 742-745
320 pages 193-196 and in the Official 30. Yellow river marsh aquatic preserve
Records of Palm Beach County in Volume as described in the officail records
1860 pages 806-809 of Santa Rosa County in Book 220 pages
13. Biscayne Bay- Cape Florida to 31. Fort Pickens Park, Aquatic
Monroe County Line Aquatic Preserve as described in the official records of dade County in Book 7055 pages 852-856 less however, those lands and waters as described I in section 258.)65 F. S. ( Biscayne Bay
Aquatic Preserve act of 1974 and those lands and waters within the Biscayne National park
14. Lignumvitae Key Aquatic Preserve as described in the official records of monroe County in Book 502 pages 139-162 described in the official records of Monroe
county in Book 502 pages 143-146 16. Cape Romano- Ten thousand Islands Aquatic Preserve as described in the
offical Records of coliier County in Book
381 pages 298-301

17. Rookery Bay Aquatic Preserve as described in
section 258.39 (31) Florida statues
,
18. Estero Bay Aquatic Preserve as described in
section 25E.39(28) Florida Statues described in the official records of lee
County in book 648 pages 732-736 20. Matiacha Pass Aquatic Preserve as

described in the official records of lee
county in book 800 pages 732-736 . 21. Gasparilia Sound- Chariotte harbor

Aquatic preserve as described in section
25E.392 F.S.
22. Cape Haze Aquatic Preserve as
described in section 25E.39(29) F.S.
23. Cockroach Bay Aquatic Preserve as

(3) "Aesthetic values" means scenic characteristics or amenities of the preserve in its essentialiy natural state or
condition and the maintenence thereof.
(4) "Applicant" means any person making applicatin for a permit, license, conveyance of an interest in state owned
lands or any other necessary form of gevenmental approval in order to perform an activity within the preserve.
(5) "Beneficial biological functions" means interactions between flora, fauna and physical or chemical attributes
of the environment, which provide benefits that accrue to the public at large, including, but not limited to: nutrient,
pesticide and heavy metal uptake; sediment retention; nutrient conversion to biomass; nutrient recycling and oxygenation.
(6) "Beneficial hydrological functions" means interactions between flora, fauna and physical geological or geogra-
phical attributes of the environment, which provide benefits that accrue to the public at large, including, but not limit-
ed to: retardation of storm water flow; storm water retention; and water storage, and periodical release.
(7) "Biological values" means the preservation and promotion of indigenous life forms and habitats including, but
not limited to: sponges, soft corals, hard corals, submerged grasses, mangroves, saltwater marshes, fresh water marshes,
mud flats, marine, estuarine, and aquatic reptiles, games and non-games fish species, marine, estuarine, and aquatic
mammals, marine, estuarine, and aquatic invertebrates, birds and shellfish.
(8) "Board" means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.
(9) 'Channel" means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its
sides normally below water.
(10) "Commercial, industrial and other revenue generating/income related docks" means docking facilities for an
activity which produces income, through rental or any other means, or which serves as an accessory facility to other
rental, commercial or industrial operations. It shall include, but not be limited to docking for: marinas, restaurants,
hotels, motels, commercial fishing, shipping, boat or ship construction, repair, and sales.
(11) "Department" means the State of Florida Department of Natural Resources, as administrator for the board.
(12) "Division" means the Division of State Lands, which performs all staff duties and functions related to the
administration of lands title to which is, or will be, vested in the board, pursuant to section 253.002, F.S.
(13) "Dock" means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant
vessels either temporarily or indefinetely.
(14) "Essentially natural condition" means those functions which support the continued existence or encourage the
restoration of the diverse population of indigenous life forms and habitats to the extent they existed prior to the
significant development: adjacent to and within the preserve.
(15) "Extreme hardship" means a significant burden, unique to the applicant and not snared by property owners in the
area. Self-imposed circumstances caused to any degree by actions of any person subsequent to the enactment of the Act
shall not be contrued as an extreme hardship. Extreme hardship under this act shall not be construed to include any
hardship which arises in whole or in part from the effect of other federal, state, or local laws, ordinances, rules or
regulations. The term may be inherent in public projects which are shown to be a public necessity.
(16) "Fill" means materials from any source, deposited by any means onto sovereignty lands, either for the purpose
of creating new uplands or for any other purpose, including spoiling of created materials. For the purpose of this rule,
the placement of pilings or riprap shall not be considered to be filling.
(17) "Lease" means a conveyance of interest in lands, title to which is vested in the board, granted in accordance
with specific terms set forth in writing.
(18) "Marina" means a small craft harbor complex used primarily for recreation.
(19) "Oil and gas transportation facilities" means those structures necessary for the movement of oil and gas from
the production site to the consumer.
(20) "Person" means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates,
fiducizries, firms, and all other associations and combinations, whether public or private, including governmental
entities.
(21) "Pier" means a structure in, on, or over sovereignty lands, which is used by the public primarily for fishing,
swimming, or viewing the preserve. A pier shall not include a dock.

(22) "Preserve" means any and all of those areas which are exceptional areas of sovereignty lands and the associated
water body so designated in Section 258.39, 258.391, and 258.392, F.S., including all sovereignty lands, title to which
is vested in the board, and such other lands as the board may acquire or approve for inclusion, and the water column over
such lands, which have been set aside to be maintained in an essentially natural or existing condition of indigenous flora
and fauna and their supporting habitat and the natural scenic qualities and amenities thereof.
(23) "Private residential single dock" means a dock which is used for private, recreational or leisure purposes for a
single family residence, cottage or other such single dwelling unit and which is designed to moar no more than two boats.
(24) " Private residential multi-slip dock" means a docking facility which is used for private recreational or leisure
purposes for multi-unit residential dwellings which shall include but is not limited to condominiums, townhouses, subdivi-
sions and other such dwellings or residential areas and which is designed to moar three or more boats. Yacht clubs assoc-
iated with residential developments, whose memberships or utilization of the docking facility requires some real property
interest in the residential area, shall also be included.
(25) "Public interest" means demonstrable environmental, social, and economic benefits which would accrue to the pub-
lic at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and
economic costs of the proposed action. In determining the public interest in a request for use, salt, lease, or transfer
of interest in sovereignty lands or severence of materials from sovereignty lands, the board shall consider the ultimate
project and purpose to be served by said use, sale, lease, or transfer of lands or materials.
(26) "Public navigation project" means a project primarily for the purpose of navigation which is authorized and
funded by the United States Congress or by port authorities as defined by Section 315.02(2), F.S.
(27) "Public necessity" means the works or improvements required for the protection of the health and safety of the
public, consistent with the Act and these rules, for which no other reasonable alternative exists.
(28) "Public utilities" means those services, provided by persons regulated by the Public Service Commission, or
which are provided by rural cooperatives, municipalities, or other governmental agencies, including electricity, tele-
phone, public water, and wastewater services, and structures necessary for the provision of these services.
(29) "Quality of the preserve" means the degree of the biological, aesthetic and scientific values of the preserve
necessary for present and future enjoyment of it in an essentially natural condition.
(30) "Resource management agreement" means a contractual agreement between the board and one or more parties which
does not create an interest in real property but merely authorizes conduct of certain management activities on lands held
by the board.
(31) "Resource Protection Area (RPA) 1" - Areas within the aquatic preserves which have resources of the highest
quality and condition for that area. These resources may include, but are not limited to corals; marine grasspods;
mangrove swamps; saltwater marsh; oyster bars; archaeological and historical sites: endangered or threatened species
habitat and colonial water bird nesting sites.
(32) "Resource Protection Area 2" - Areas within the aquatic preserves which are in transition with either
occuring resource protection area 1 resources or new pioneering resources within resource protection area 3.
(33) "Resource Protection Area 3" - Areas within the aquatic preserve that are characterized by the absence of any
significant natural resource attributes.
(34) "Riparian rights" means those rights incident to lands bordering upon navigable waters, as recognized by the
courts of this state and common law.
(35) "Sale" means a conveyance of interest in lands, by the board, for consideration.
(36) "Scientific values" means the preservation and promotion of certain qualities or features which have scientific
significance.
(37) "Shore protection structure" means a type of coastal construction designed to minimize the rate of erosion.
Coastal construction includes any work or activity which is likely to have a material physical effect on existing
coastal conditions or natural shore processes.
(38) "Sovereighty lands" means those lands including, but not limited to: tidal lands, islands, sandbars, shallow
banks, and lands waterward of the ordinary or mean highwater line, to which the State of Florida acquired title on
March 3, 1845, by virtue of statehood, and of which it has not since divested its title interest. For the purpose of this
rule sovereignty lands shall include all submerged lands within the boundaries of the preserve, title to which is held
by the board.
(39) "Spoil" means materials dredged from sovereignty lands which are redeposited or discarded by any means, onto
either sovereignty lands or uplands.

(40) "Transfer" means the act of the board by which any interest in lands, including basements, other than sale or
lease, is conveyed.
(41) "Utility of the preserve" means fitness of the preserve for the present and future enjoyment of its biological,
aesthetic and scientific values, in an essentially natural condition. Specific Authority 258.43(1)F.S. Law Implemented
258.37, 258.43(1)F.S. History--New 2-25-81.
(42) "Water dependent activity" means an activity which can only be conducted on, in, over, or adjacent to, water
areas because the activity requires direct access to the water body or sovereignty lands for transportation, recreation,
energy production or transmission, or source of water and where the use of the water or sovereignty lands is an integral
part of the activity. Specific Authority 256.43(1) F.S. Law Implemented 258.37, 258.43(1) F.S. History--New 2-23-61,
Amended 6-7-83. FORMERLY ieG - 20
9-20.004 Management Policies, Standards And Criteria. The following management policies, standards and criteria are
supplemental to Chapter 18-21. Florida Administrative Code (Sovereignty Submerged Lands Management) and shall be utilized
in determining whether to approve, approve with conditions or modifications or deny all requests for activities on
sovereighty lands in aquatic preserves.
(1) GENERAL PROPRIETARY
(a) In determining whether to approve or deny any request the Board will evaluate each on a cast-by-cast basis and
weigh and factors relevant under Chapter 253 and/or 258, Florida Statutes. The Board, acting as Trustees for all state-
owned lands, reserves the right to approve, modify, or reject any proposal.
(b) There shall be no further sale, lease or transfer of sovereignty lands except when such sale, lease, or transfer
is in the public interest (see Section 18-20.004G, Public Interest: Assessment Criteria).
(c) There shall be no construction of seawalls waterward of the mean or ordinary high water line, or filling water-
ward of the mean or ordinary high water line except in the case of public road and bridge projects where no reasonable
alternative exists.
(d) There shall, in no case, be any dredging waterward of the mean or ordinary high water line for the sole or
primary purpose of providing fill for any area landward of the mean or ordinary high water line.
(e) A lease, casement or consent of use may be authorized only for the following activities:
1. a public navigation project;
2. maintenance of an existing navigational channel;
3. installation or maintenance of approved navigational aids;
4. creation or maintenance of a commercial/industrial dock, pier, or a marina;
5. creaton or maintenance of private docks for reasonable ingress and egress of riparian owners;
6. minimum dredging for navigation channels attendant to docking facilities;
7. creation or maintenance of a shore protection structure;
8. installation or maintenance of oil and gas transportation facilities;
9. creation, maintenance, replacement or expansion of facilities required for the provision of public utilities: and,
10. other activities which are a public necessity or which are necessary to enhance the quality or utility of the
preserve and which are consistent with the act and this chapter.
(f) For activities listed in paragraphs 18-20(1)(e)1-10, above, the activity shall be designed so that the structure
or structures to be built in, on, or over sovereignty lands are limited to structures necessary to conduct water dependent
activities.
(g) For activities listed in paragraphs 18-20(1)(e)7.,8.,9., and 10. above, it must be demonstrated that no other
reasonable alternative exists which would allow the proposed activity to be constructed or undertaken outside the
preserve.
(h) The use of state-owned lands for the purpose of providing private or public road access to islands where such
access did not previously exist shall be prohibited. The use of state-owned lands for the purpose of providing private
or public water supply to islands where such water supply did not previously exist shall be prohibited.
(i) Except for public navigation projects and maintenance dredging for existing channels and basins, any areas
dredged to improve or create navigational access shall be incorporated into the preempted area of any required lease or be
subject to the payment of a negotiated private casement fee.
(j) Private Residential multi-slip docking facilities shall require a lease.
(k) Aquaculture and beach renourishment activities which comply with the standards of this rule chapter and Chapter
18-21, Florida Administrative Code, may be approved by the board, but only subsequent to a formal finding of compatibility
with the purposes of Chapter 258, Florida Statutes, and this rule chapter.
(l) Other uses of the preserve, or human activity within the preserve, although not originally comtemplated, may be
approved by the board, but only subsequent to a formal finding of compatibility with the purposes of Chapter 258. Florida
Statutes, and this rule chapter.
(2) PUBLIC INTEREST ASSESSMENT CRITERIA:
In evaluating requests for the sale, lease, or transfer ofr interest, a balancing test will be utilized to determine
whether the social, economic, and/or environmental benefits clearly exceed the costs.
(a) GENERAL BENEFIT/COST CRITERIA:
1. Any benefits that are balanced against teh costs of a particular project shall be related to the affected
aquatic preserve;
2. in evaluating the benefits and costs of each request, specific consideration and weight shall be given to the
quality and nature of the specific aquatic preserve. Projects in the less developed, more pristine aquatic preserves
such as Apalachicola Bay shall be subject to a higher standard than the more developed urban aquatic preserves such as
Boca Crega Bay; and.
3. for projects in aquatic preserves with adopted management plans, consistency with the management plan will be
weighed heavily when determining whether the project is in the public interest.

(b) BENEFIT CATEGORIES:
1. Public access (public boat ramps, boatslips, etc.);
2. providing boating and marina services (repair, pompous, etc.);
3. improve and enhance public health, safety, welfare, and law enforcement;
4. improved public land management;
5. improve and enhance public navigation;
6. improve and enhance water quality;
7. enhancement/restoration of natural habitat and functions; and,
8. improve/protect endangered/threatened/unique species.
(c) COSTS:
1. Reduced/degraded water quality;
2. reduced/degraded natural habitat and function;
3. destruction, harm, or harassment of endangered or threatened species and habitat;
4. preemption of public use;
5. increasing navigational hazards and congestion;
6. reduced/degraded aesthetics; and,
7. adverse cumulative impacts.
(d) EXAMPLES OF SPECIFIC BENEFITS:
1. Donation of land, conservation casements, restrictive covenants or other title interests in or contiguous to the
aquatic preserve which will protect or enhance the aquatic preserve;
2. providing access or facilities for public land management activities;
3. providing public access casements and/or facilities, such as beach access, boat ramps, etc;
4. restoration/enhancement of altered habitat or natural functions, such as conversion of vertical bulkheads to
riprap and/or vegetation for shoreline stabilization or re-establishment of shoreline or submerged vegetation;
5. improve fishery habitat through the istablishment of artificial reefs or other such projects, where appropriate;
6. providing sewage pumpous facilities where normally not required, in particular, facilities open to the general
public.
7. improvements to water quality such as removal of toxic sediments, increased flushing and circulation, etc.;
8. providing upland dry storage as an alternative to wetslip; and,
9. marking navigation channels to avoid disruption of shallow water habitats.
(3) RESOURCE MANAGEMENT:
(a) All proposed activities in aquatic preserves having management pians adopted by the board must demonstrate that
such activities are consistent with the management plan.
(b) No drilling of oil, gas, or other such wells shall be allowed.
(c) Utility cables, pipes, and other such structures shall be constructed and located in a manner that will cause
minimal disturbance to submerged land resources such as oyster bars and submerged grass beds and do not interfere with
traditional public uses.
(d) Spoil disposal within the preserves shall be strongly discouraged and may be approved only where the applicant
has demonstrated that there is no other reasonable alternative and that activity may be beneficial to, or at minimum, not
harmful to the quality and utility of the preserve.
(4) RIPARIAN RIGHTS:
(a) None of the provisions of this rule shall be implemented in a manner that would unreasonably infringe upon the
traditional, common law, and statutory riparian rights of upland riparian property owners adjacent to sovereignty lands.
(b) The evaluation and determination of the reasonable riparian rights of ingress and egress for private, residen-
tial multi-slip docks shall be based upon the number of linear feet of riparian shoreline.
(c) For the purposes of this rule, a private, residential, single docking facility which meets all the requirements
of Rule 20,ord(5) shall be deemed to meet the public interest requirements of Rule 18-20,ord(1)(b), Florida Administrative
Code. However, the applicants for such docking facilities must apply for such consent and must meet all of the require-
ments and standards of this rule chapter.
(5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES:
(a) All docking facilities, whether for a single or multi-slip residential or commercial, shall be subject to the
following standards and criteria:
1. No dock shall extend waterward of the mean or ordinary high water line more than 500 feet or 20 percent of the
width of the waterbody at that particular location whichever is less;
2. certain docks may fall within areas of special or unique importance. These areas may be of significant biological,
scientific, historic, and/or aesthetic value and require special management considerations. Modifications may be more
restrictive than the normally accepted criteria. Such modifications shall be determined on a case-by-case analysis, and
may include, but shall not be limited to changes in location, configuration, length, width, and height;
3. the number, lengins, crafis and types of vessels allowed to utilize the propose facility may also be supulated and,
4. where local government have more stringent standards and criteria for docking facilities, teh more stringent standards for the protection and enhancemnet of the aquatic preserve shall prevail.
(b) Private residential single docks shall conform to the following specific design standards and criterize:
1. Any main access dock shall be limited to a maximum with of four(4) feet;
2. The dock decking design and construction will insure maximum light pentration, wiht full consideration of safety and practically;
3. The dock will extend out from the shoreline no further than to a maximum depth of minus four
4) feel (mean low water);
4. When the water depth is minus four(-4) feet (mean low water) at existint bulkhead the maximum dock length form the bulkhead shall be 25 feet, subject to modifications accummodating shoreline vegetation overhang;
5. wave break devices, when necesary, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure;
6. terminal platform size shall be no more than 160 square fett and,
7. dredging to obtian navigable water depths in conjunction with private residential, single dock applications is strongly discouraged.
(c) Private resdiential mulii-slip docks shall conform to the following specific design standards and criterize:

1. The area of submerged land preemped by the cooking lacility shall not exceed the square amounung to ten times the ribarian wateriron: footage of the affected waterbody of the applicant or the square footage attendant to providing a single in accordance with the private residential single , whichever is greater. A conservation or such use accepiable to the board must be placed on the snoreline. used for the calculation of the 10: to conserve and protect shoreline resources and waive any further rights of ingress and f9or additional docking faciliues;
2. Docking facilities and access channeis shall be prohibited in Resource Area 1 or 2, except as allowed pursuani to Section 258.42(3)1., Florida Statutes while in Resource Area 3 shall be strongly discouraged;
3. Docking facilities shall only be approved in locations having existing water in the : mooring. access channels, and other such areas which will accommocate the proposed boat use in order to insure that a minimum of one foot is provided between the draft of a vessel and the bottom at mean low water;
4. main access bocks and connecting or cross walks shall not exceed six (6) feet in width;
5. terminal platforms shall not exceed tight (8) feet in widith;
6. finger piers shall not exceed three (3) feet in width, and 25 feet in length;
7.pilings may be utilized as required to provide mooring capabilites and,
8. the following provision of Rule 18 -20. (5)(d) shall also apply to private rediential multi- docks.
(d) Commercial, industrial and other revenue penerating/income related docking facilities shall conform to the following specific design
1. Docking facilities shall only be in or neat areas with good circulation, flushing and water ;
2. Docking facilites and access channels shall be prohibited in Resource Area 1 or 2, except as allowed pursuant to Sections 256.42(3)(e)1., Florida Statutes: while in Resource Area 3 shall be strongly discouraged:
3. the docking facilities shall not be located in Resource Protection Area 1 or 2, however main access docks may be allowed to pass through Resource Protection Area 1 or 2, that are located along the shoreline to reach an acceptable Resource Protection Area 3, provided that such crossing will generate mimimal environmental impact;
4. beginning July 1, 1986 new docking facilities may obtain a lease only where the local governments have an adopted marina plan and/or policies dealing with the siting of commercial/industrial and private, residential, multi-slip docking facilities in their local government comprehensive plan;
5. the sitting of the docking facilities shall also take into account the access of the boat traffic to avoid marine grassbeds or other resources in the the surrounding areas;
6. the siting of new facilities within the preserve shall be secondary to the expansions of existing facilities within the preserve when such expansion is consistent with the other standards;
7. the location of new facilities and expansion of existing facilities shall consider the use of upland dry storage as an alternative to multiple wet-slip docking;
8. marina siting will be with local governments to insure consistency with all local plans and ordinances;
9. marinas shall not be used within state designated and,
10. in any areas with known concentrations, warning/notice and/or speed signs shall be erected at the marina and/or and channels,according to Florida Marine specifications.
(e) Exceptions to the and listed in Ruie is 20. (5) Florida Administrative may be considered, but only upon demonstration by the applicant that such exceptions are necessary to insure reasonable ingress ant
(6) MANAGEMENT AGREEMENTS
The board may enter into management agreements with local agencies for the administration and enforcement of standards and for private residential single docks. Specific Authority 253.03 256.23(1) FS. Law
implemented 253.03, 258. 256. 256.43(1),256. FS. History--New 2-25-81. Amended 6-7-85.
Editorial Note: The amendment entirely the former rule.
15-20.005 Uses, Sales,Leases, or Transfer of interests in or Materials, Held by the board.
Specific Authority 258.43(1) FS. Law implemented 253.023, 253.12, 256.42 FS. History--New2-25-81, Repeated
15-20.006 Curnulative Impacts. In evaluating applications for activities within the preserves or which may impact the preserves, the department recognizes that, while 2 particular alteration of the preserve may constitute a minor change, the cumulative effect of numerous such changes often results in major impairments to the resources of the preserve. Therefore, the department shall evaluate a particula-site for which the activity is proposed with the recognition that the activity may, in conjunction with other activities adversely affect the preserve which is part of a complete and interrelated system. The impact of a proposed activity shall be considered in light of its cumuiative impact on the preserve's natural system. The department shall include as a part of its evaluation of an activity:
(1) The number and extent of similar human actions within the preserve which have previously affected or are likely to affect the preserve, whether considered by the
department under its current authority or which existed prior to or since the of the Act: and
(2) The similar activities within the preserve which are currently under consideration by the department and

(3) Direct and indirect effects upon the preserve and adjacent preserves,if applicable, which may reasonably be expected to result from the activity; and
(4) The extent to which the activity is consistent with management plans for the preserve, when developed; and
(5) The extent to which the activity is premissible within the preserve in accordance with comprehensive plans adopted by affected local governmnets, pursuant to section 163.3161, F.S., and other applicable plans adopted by local, state, and federal governmental agencies;
(6) The extent to which the loss of beneficial invorologic and biologic functions would adversely impact the quality or utility of the preserve; and
(7) The extent to which mitigation measures may compensate for adverse impacts.
Specific Authority 256.43(1) FS. Law implemented 258.36, 258.43, 256.44 FS. History--New 2-25-81.
Protection of Rights. Specific Authority 258.43(1) FS. Law Impremented 258.123, 258.124(B) 258.44 FS. History-- New 2-25-81, Repeated 8-7-85.
18-20-008 Inclusion of Lands, Title to Which is Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which are within designated preserve boundaries or adjacent therefo and which are owned by other governmental agencies may be included in an preserve upon specific authorization for inclusion by an appropriate instrument in writing executed by the agency.
(2) Lands and water bottoms which are within designated aquatic preserve bountiaries of adjacent thereto, and which are in private ownership, may be included in an aquatic preserve upon specific authorization for inclusion by an appropriate instrument in writing executed by the owner.
(3) The appropriate instrument shall be either a dedication in , or a lease. Such lease shall contain the following conditions.
(a) The term of the least shall be for a minimum period of ten years.
(b) The board shall have the power and duty to the provisions of each lease agreement, and shall additionally have the power to terminate any lease if the termination is in the best interest of the aquatic preserve system, and shall have the power to include such lands in any agreement for management of such lands.
(c) The board shall pay no more tha $1 per year for any such lease.
Specific Authority 258.43(1) FS. Law Implemented 258.40, 258.41 FS. History--New 2-25-61.
18-20-009 Establishment of Expansion of Aquatic Preserves.
(1) The board may expand existing preserves or establish additional areas to be included in the aquatic preserve system, subject to confirmation by the legislature.
(2) The board may after public notice and public hearing in the county or counties in which the proposed expanded or new preserve is to be located, adopt a resolution formally setting such areas to be included in the system.
(3) The resolution setting an aquatic preserve area shall include:
(a) A legal description of the area to be included. A map the legal description shall also be attached.
(b) The designation of the type of aquatic preserve.
(c) A general statement of what is sought to be preserved.
(d) A statement that the area established as a preserve shall be subject to the management and directives of this chapter.
(e) A directive to develop a natural resource inventory and a management plan for the area being established as an aquatic preserve.
(4) Within 30 days of the designation and establishment of an aquatic preserve, the board shall record in the public records of the county or counties in which the preserve is located a legal description of the preserve.
Specific Authority 258.43 (1) FS. Law Implemented 258.41 FS. History--New 2-25-81.
18-20.010 Exchange of Lands. The board in its discretion may exchange lands for the benefit of the preserve, provided that:
(1) In no test shall an exchange result in and land or water area bring withdrawn form the preserve; and
(2) Exchanges shall be in the public interest and shall maintain or enhance the quality or utility of the preserve.
Specific Authority 258.43(1) FS. Law Implemented 258.41(5), 258.42(1) FS. History--New 2-25-81.
18-20.011 Gifts of Lands, The board in its discretion may accept any gifts of lands or interests in lands within or contiguous to the preserve to maintain or enhance the quality and utility of the preserve.
Specific Authority 258.43(1) FS. Law Implemented 258.42(5) FS.History--New 2-25-81.

18-20.012 Protection of Indigenous Life Forms. The taking of indigenous life forms for sale or commercial use is prohibited, except that this prohibition shall not extend to the commercial taking of fin fish, crustacca or mollusks, except as prohibited under applicable laws, rules or regulations. Members of the public may exercise their rights to fish. so long as not contrary to other statutory and regulatory provisions controlling such activities.
Specific Authority 258.43(1) FS. Law Implemented 256.43(1) FS. History--New 2-25-81.
18-20.013 Development of Resource Inventories and Management PLans for Preserves.
(1) The board authorizes and directs the division to develop and resource inventory and management plan for each preserve.
(2) The division may perform the work to develop the inventories and plans or may enter into agreements with other persons to perform the work. In either case all work performed shall be subject to board approval.
Specific Authority 258.43(1) FS. Law Implemented 253.03(7), 253.03(8) FS. History--New 2-25-81. Amended 8-7-85.
Editorial Note: The 2-7-85 amendment the former rule.
18-20.014 Enforcement. The rules shall be enforced as provided in Section 258.46. Specific Authority 258.43(1) FS. Law Implemented 258.46 FS. History--New 2-25-81.
18-20.015 Application Form.
Specific Authority (253.43(1) FS. Law Implemented 258.43 FS. History--New 2-25-81 Repeated 2-7-85.
18-20.016 Coordination with Other Governmental Agencies. Where a Department of Environmental Regulation permit is required fo activities on sovereignty lands that department will coordinate with the Department of Environmental Regulation to obtain a copy of the joint Department of Army/Florida Department of Environmental Regulation permit application and the biological survey. The information contained in the joint permit application and biological assessment shall be considered by the department in preparing its staff recommendations to the board. The board may also consider the reports of other governmental agencies that have related management or permitting responsibilities regarding the proposed activity.
Specific Authority 253.43(1) FS. Law Implemented 258.43 FS. History--New 2-25-81.
18-20.017 Aquatic Preserve. In addition to the divisions of Lures (20.001 through the following requirements shall also to all proposed activities within the Lake Jackson Aquatic Preserve. If any provision of this Rule are in conflict with any provisions of Rules 18 through 20 or Chapter 73-53-4. Laws of Florida the stronger provision for the protection or enhancement of the aquatic preserve shall prevail.
(1) No futher sale transfer or lease of sovereignty lands in the preserve shall be approved or consummated by the board except upon a snowing of exiteme hardship on the part of the applicant or when the board shall determine such sale transfer or lease to be in the public interest.
(2) No futher or filing of sovereignty lands of the preserve shall be approved or by the Board of Trustees except
(a) Such minimum and spoiling as may be authorized for public navigation protects or for preservation of the lake according to the expressed intent of Chapeter 73-534. Laws of Florida and,
(b) Such other alteration of physical conditions as may be necessary to enhance the quality or utility of the preserve.
(3) There shall be no drilling of wells excavation for shell or minerals and no crection of structures (other than docks), within the preserve, unless such activity is associated with activity authorized by Chapter 73-534. Laws of Florida.
(4) The Board shall not approve the relocations of bulkhead lines within the preserve.
(5) Norwithstanding other provisions of this act, the board may respecting lands lying within the Lake Jackson basin:
(a) Enter into agreements for and establish lines sovereignty and privately owned lands;
(b) Enter into agreements for the exchange and exchange sovereignty lands for privately owned lands;
(c) Accept gifts of land within or contiguous to the preserve.
Specific Authority 258.39(26) FS. Law Implemented 258.39(26), 258.43 FS. History--New 8-7-85.

appendix c.

Chapter 16Q-21
Sovereignty Submerged Lands Management
16Q-21.01 Intent
16Q-21.02 Scope an dEffictive Date.
16Q-21.03 Definitions.
16Q-21.04 Management Policies, Standards, and Criteria.
16Q-21.05 Procedures.
16Q-21.06 Applications-General Information.
16Q-21.07 Applications for Consent of Use.
16Q-21.08 Applications for Lease.
16Q-21.081 Applications for Grandfather Structure Registration.
16Q-21.09 Applications for Public Easement.
16Q-21.10 Applications for Private Easement.
16Q-21.11 Payments and Fees for Standard Leases, Easements, and Severed Dredge Materials.
16Q-21.12 Spoil Islands.
16Q-21.13 Applications to Purchase Lands Riparian to Uplands.
16Q-21.14 Disclaimers to Confirm Title to Filled Formerly Sovereignty Lands.
16Q-21.15 Quitclaims to Clear Title to Filled Formerly Sovereignty Lands.
16Q-21.16 Applications to Reclaim Lands Lost Due to Avulsion or Artificial Erosion.
Library References: Lakes: Distinguishing Them from Wet Prairies, James R. Brindell, 57 Fla. Bar J. 724 (December, 1983).
16Q-21.01 Intent. The intent and purpose of this rule is:
(1) To aid in fulfilling the trust and fiduciary responsibilities of the Board of Trustees of the Internal Improvement Trust Fund for the administration, management and disposition of sovereignty lands;
(2) To insure-maximum benefit and use of sovereignty lands for all 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 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,
(6) To aid in the implementation of the State Lands Management Plan.
Specific Authority 253.03(7)FS. Art X, Sec. 11, Fla. Const. Law Implemented 253.03,253.12 FS. History--New 3-27-82.
16Q-21.02 Scope and Effecitive Date.
(1) These rules are to implement the administrative and management responsiblities of the board and department regarding sovereignty lands. Responsibility for environmental permitting of activities and water quality protection on sovereignty and other lands is vested with the Department of Environmental Regulation. These rules are considered cumulative; therefore, a person planning an activity should consult other applicable department rules (Chapter 16Q-20, Florida Administrative Code and others) as well as the rules of the Department of Environmental Regulation.
(2) These rules are prospective in their application and shall not apply to activities for which applications have been submitted to the department or the Department fo Environmental Regulation prior to the adoption date fo these rules and shall not affect previous actions of the board concerning private docks or the issuance of any easement, lease, or any disclaimer concerning sovereignty lands. Fee arrangements in existing leases are not subjec to the fees of this rule until expiration of said leases unless otherwise specified in the lease instrument.
(3) Docks, piers, and other such structures on sovereignty lands in existence prior to March 10, 1970 shall be subject to the provisions of this rule commenting on January 1, 1998. Any expansions to such structures shall be subject to the provisions of this rule, if any expansion thereto requires the use of any Additional sovereignty lands.
(4) Docks, piers, and other such structures on sovereignty lands in existence prior to March 10, 1970 and which would require a lease pursuant to Section 16Q-21.05(1)(b), Florida Adminstrative Code, shall be required to register the structures with the department before June 30, 1984.
(5) Any expansion of an existing activity shall be subject to the provisions of this rule.
Specific Authority 253.03(7) FS. Law Implemented 253.03, 253.12, 253.77 FS. History--New 3-27-82. Amended 8-1-83.
16Q-21.03 Definitions. When used in these rules, the following shall have the indicated meaning unless the context clearly indicates otherwise:
(1) "Accretion" means the process of gradual and imperceptible additions of sand, sediment, or other material to riparian lands made by the natural action of water which results in dry lands formerly by water.
(2) "Activity" means any use of sovereignty lands which requires board approval for consent of use, lease, easement, sale, or transfer of interest in such sovereignty lands or materials. Activity includes, but is not limited to, the construction of docks, piers, boat ramps, board walks, mooring

lng, dredging of chncl vj i gc puoic on a rs come, rs c s.
logs, sand, ii, cy, vcl or shell, and the removal This is intended to cover services offered to vris
or latng of vcg Io on sovrc ncy lands. types, classes or groups of public users and such
M -Applan" means any person making services need not b comprehensive. The service
application for a lease, sale, or other form of orrcrd may be a specialty service such as boat
conveyance olan interest in sovereignty lands or any repair, scaqlood purchasing. marine slip rentals or
other necessary rormof governmental approval for shipping terminals as long as all services offered are
an activity on sovereignty lands. open to the general class of users without any
(4) "Artificial accrcilon" means the addition or uaiif i nts such as club membership
,ying requireme
sand, sediment, or other material to riparian lands or stock ownership.
caused by man-made projects and operations which (19) "Lease" means an interest in sovereignty
results in dry lands formerly covered by water. lands designated by a contract creating a landlord-
(5) "Artificial erosion" means the loss or tenant relationship between the board as landlord
washing away of sand, sediment, or other material and the applicant as tenant whereby the board
from riparian property caused by man-made grants and transfers to the applicant the exclusive
proiects and operations which result in submerged use, possession, and control or certain speciriccl
lanqas formerly not covcrcd by water. sovereignty lands for a determinate number of
(6) "Avulsion" means (he addition to or loss of years, with conditions attached, at a definite fixed
riparian property caused by- the--sudden- and rental.
perccplible natural action of water. (20) "Management agreement" mcniis a
(7) "Aquaculturc" means the cultivation of contractual agreement between Lhe board and one or
animal or plant life in an aquatic environment. more parties which does nut Crcatc an .interest in real
(8) "Board" means the Governor and Cabinet property but merely authorizes conduct or certain
sitting as the Board of Trustees of the Internal management activities on lands held by the board.
Improvement Trust Fund. (21) -Nlarginal dork" means a fixed or noiiing
(9) "Channel" mcans a trench, the bottom of structure placed immediately contiguous and
which is normally covered entirely by water,with parallel to an cstablishcd seawall, bulkhead or
the upper edges of its sides normally below water. rvctmnt.
(10) "Coastal barrier islands" mc=s a (22) "Mean high water" means the average
cqicpositionial geologic feature consisting or height of the hig.tidcs over a 19-ycar period. For
unconsolidated sedimentary materials in an island shorter periuds of observation, "mean high vater"
configuration which is subject to direct attack by means the average height of the high waters after
w.ave, tidal, and wid energies originating from the corrections are applied to eliminate known
Atlantic Ocean or 8qGulf ol Mexico, and which serves variations and to reduce the result to the equivalent
to protect landward aquatic h:ibii2ts, such as bays of a mean 19-ycar value.
and cstuarim and the inicrior uplands of the (23) "I'vican high water line" means the
mainland from oceanic wave, Licial,and wind forces. inicrse'ction' of the local elevation or mean high
(11) 'Coftscni of use" means a nonpossessorqy water with the shore, Mean high watcr line along
interest in sovereignty lands created by an approval the, shore of land immediately bordering an
which allows the applicant the right to erect specific navigable waters is recognized and declared to be
structures or conduct specific activities on said the boundary between the foreshorc owned by the
lands. State of Florida in its sovereign capacity and the
(12) *!Department" means the State of Florida uplands subject to private ownership. However, no
Department of Natural Rcsourccs, as administrator provision of this rule shall be deemed to impair .he
for the board. title to privately owned submerged lands validly
(13) "Division" mcnns the Division or State alicnnted by the State of Florida or its legal
Lands -which performs all staff duties and functions predecessors.
related to the administration of lands, title to which (24) "Nomination" means a proposal for an oil
is or will be vested in the board pursuant to Section and gas qlc2sc.
253.8qM2, Florida SL2LUtC5. (25) "Person" means individuals, minors,
(14) -Dock" means a fixcd or floating structi2rc, partnerships, corporations, joint ventures, cstatcs,
including moorings, used for the purpose of trusts, syndicates, Fiduciaries, firms, and all other
bc-thing buoyant vo=scqls. associations and combinations, whether public or
(15) "Easement" means a non-posscssory private, including governmental entities.
inMr= in sovereignty lands created by a grant or (26) "Preempted area" means the area of
agreement which confers upon the applicant the sovereignty lands from which the traditional public
limited right, liberty, and privilege to use said lands uses have been or would be excluded to any CXLrnt
for a spccific purpose and for a specific time. by -an activity. The aT= may in-ciudc, bui is not
(16) "Energy production" means the limited to, the sovereignty lands occupied by the
exploration ror,and extr2clion of, hydrocarbons, docks and other structures, the area between the
including necessary transmission through pipelines, docks and out to any mooring pilings, and the arca
or the water-oricnted activities related to the between the docksand the shoreline, If the activity is
generation of electricity. required to be moved waterward to avoid dredging
(4q17) "IF2qUl" means m4qwerials from any source, or disturbance or ricarshore habitat, a reasonable
deposited by any means onto sovereignty lands, portion of the nearshore area that is not impacted by
either for th0q@ purpose o0qf creating new uplands or for dredging or structures shall not be included in the
any other purpose, including spoiling of dredged pretm-pied area.
Materials. "Public interest" means derrionstrahle
rV
.(18) "F6qir3t come, first s6qc e6qd" means any ental, social, and economic benefits ich
..Walel- depencient. facility operated on the sovereign would accrue to the public at large as a result of a
lands of the state the scrvic0q= of which are open to proposed action, and which would clearly exceed ail

Costs of the proposed action. In determining the direct access he hody or oc-igny ld
public interest in a request for us, sale, lease, o for trans por; on, r ion, energy production or
transfer or interest in sovereignty lands or severance transmission, or source of water, and where the use
of materials from sovereignty lands, h board shall of the water or sovereignly lands is an integral part
consider the ultimate project and purpose to be of the activity.
served by said use, sale, lease, or transfer of lands or Specific Authority 253.0,3(7) FS. Law Implemented
materials. ' 253.03 FS. History-New 9-26-77 Formerly 16C-12.01,
(28) "Public navigation project" mcans an 16Q-17.01, Amended .5-27-82, 8-1-83.
activity primarily for the purpose of navigation 16Q-21.04 Management Policies, Standards,
which is authorized and Llundcd by the United States ,d Criteria. The following management policies,
Congress or by port authorities as defined by standards, and criteria shall be utilized in
Section 315.02(2), Florida Statutes. determining whether to approve, approve with
(29) "Public utilities" means those services, conditions or modifications, or deny all requests for
provided by persons regulated by the Public Service activities on sovereignty lands.
Commission, or which arc provided by rural (1) General Proprietary
cooperatives, municipalities, or other governmental (a) For approval, all activities on sovereignty
agencies, including electricity, public water and lands must be not contrary to the public interest,
wastewater services, and structures necessary For except for salm which must be in the public interest.
the provision of these services and transmission lines (b) All ]cases, casements, deeds or other forms of
for public communication systems such as approval for sovereignty land activitics shall contain
telephone, radio and television. such terms, conditions, or restrictions as deemed
(30) "Public water management project" means necessary to protect and manage sovereignty lands.
an activity primarily for the purpose of flood (c) Equitable compensation shall be required fur
control, Conservation, recreation, wnicr storage and ]cases and casements which generate revenues,
supply, and allied purposes, which is authorized monies or profits for the user or that limit or
and funded by the United States Congress, the State preempt general public use. Public Utilities and
of Florida, or a water management district as state or other governmental agencies exempted by
defined by Section 373.069, Florida Statutes. law shall be excepted from this requirement.
(31) "Revenue generating/income related (d) Activities on sovereignty lands %hall be.,;'
activity" means an activity on sovereignty lands limited to water dependent activities only unless the
which produces income, through rental or any other board determines that it is in the public intcrest to
means, or which serves as an accessory facility to allow an exception as determined by a case by case
other rental, commercial, or industrial operations. evaluation. Public projects which arc primarily
It shall *include, but not be limited to, docking for intended to provide access to and use of the.
marinas, restaurants, hotels, motels, commercial I waterfront may be permitted to contain minor uses
fishing, shipping, and boat or ship construction, which are not water dependent if-
repair and sales. 1. located, in areas along seawalls or other
(32) "Reclamation or lands" means restoring non natural shorelines;
the upland shoreline to a condition that existed prior 2. located outside of aquatic preserves or class I I
to avulsion or artificial erosion. waters; and,
(33) "Riparian rights" means those rights 3. the nonwater dependent us are incidental to
incident to lands bordering upon navigable waters, the basic purpose of the project, and constitute only
as recognized by the courts and common law
minor or nearshore encroachments on sovereign lands.
(34) "Sale" means a conveyance or transter o (e) Stilt house, boathouses with living quarters,
title of sovereignty lands in fee simple by the board, or other such residential structures shall be
for consideration. prohibited on sovcrci nty lands.

(35) "Satisfactory evidence of title" means a (f) The State Lands Management Plan shall be
current title insuraricc policy issued by a title considered and utilized in developing
insuranct: company authorized it) do business in the recommendations for all activities on sovereignty
State of Florida, or an opinion Of title prepared by a lands.
member or the Florida Bar, covering title to lands (g) The use of sovereignty lands for the purpose
involved and indicating, at least, such minimum of providing road access to islands, where such
interest in the applicant which may entitle the access did not previously exist' Ishall be prohibitcd.
applicant to the relief sought, or such affidavits as The board may grant an exception to this
may be required by the department to establish the prohibition if the board makes a finding that:
currency of title status of an applicant. 1. Construction and use1pproad access ,is the least
(36) "Sovereignty lands" means those lands damaging alternativc:and more protective o(natural
including but not limited to, Lida] lands, islands resources and sovereignty lands than other access

sand bars, shallow banks, and lands waterward of activities; and,
the ordinary or mean high water line, under 2. In the case of coastal barrier islands, such use
navigable fresh and salt waters, to which the State of of sovereignty lands and any upland development
Florida acquired title on March 3, 1845, by virtue of facilitated thereby is in the public interest, or in the
statehood, and which have not been heretofore case of other islands, not contrary to the public
conveyed or alienated. interest.
(37) "Spoil island" means any artificially (h) When one or more expansions to existing
created island having an elevation above water upon grandfathered lease facilities equal 50 percent or
more of the grandfathered facility then the
grandfathered facility will be required to Come
(38) "Water dependent activity" means an under lease.
activity which can only be conducted on, in, over, or (i) All existing licenses shall be converted to

(2) Resource Management the prohibited area if said lease stipulates that any
(a) All sovereignty lands shall be considrd drilling shall be conducted from outside said area.
single s lands and shall b managed primarily for (3) Riparian Rights
the maintenance of essentially natural conditions, (a) None or the provisions of this rule shall bc
propagation of fish and wildlife, and traditional implemented in a manner that would unreasonably
recreational uses such as Fishing, boating, and infringe upon the trzditiunzl, common lav riparlarl
swimming. Compatible secondary purposes and rights of upland property owners adjacent to
uses which will not detract from or interfere with sovereignty lands.
the primary purpose may be allowed. (b) Applications for activities on sovcrcignty
(b) Activities which would result in significant lands riparian to upInndS Van only be inade by and
adverse impacts to sovereignty lands and associated approved for the upland riparian owner, their
resources shall not be approved unless there is no legally authorized agent, or persons with sufficient
reasonable alternative and adequate mitigation is Lqitle interest in uplands for the intended purpose.
proposed. (c) All structures and other activities mus( be
(c) The Department of Environmental within the riparian rights area of the applicant an Id
Regulation biological assessments and reports by must bcdesignedin a manner that will not restrict or
other agencies with related statutory, management, Otherwise infringe UpOrl the riparian rights or
or regulatory authority may be considered in adjacent upland riparian owners.
evaluating specific requests to use soverignty lands. (d) All structures and other-nctiv Itics niust tic srt
Any such reports sent to the department in a timely back a minir-num of 25 feet from the ippqlicant's
marine,- shall be considered. riparian rights line. Marginal docks qmay he set back
(d) Activities shall be designed to minimize or only 10 feet. There shall he no exceptions 61 the
eliminate any cutting, removal, or destruction of setbacks unless the applicant's shoreline frontagr is
wetand vegetation (as listed in Rule 17-4.02(17), less than 65 feet or a sworn afqrqidavit of no oqhql'ri-titin
Florida Administrative Code) on sovereignty lands. is obtained from the ;LfVVtV(l adl-arrrt upkind
(c) Reclamation activities on sovereignty lands riparian owner, or the proix)ed tructurr Is
shall be approved only if avulsion or artificial suba ueous utility linc.
erosion is affirmatively demonstrated. Other S0wflijr Authority 153.0.3(7) I-S. hirpirinriurd
activities involving the placement of rill material 2.5-3.03, 253.12, 25.1.14. 2.S.3.47. 2.5.).67. .73 Fs.
below the ordinary high water line or mean high History-Ncw 3-27-82, Amrrided 8-1-83.
water line shall not be approved unless it 'is 16Q-21.06 Procedures.
necessary to provide shoreline stabilization, access (1) All artivitics on sriverrigni), Linds shall
to navigable water, or for public water management require a ]case, rtisnicnt, consent of use, or othrr
projects. form oqf approval. The following shall qhr itrcl to
(f) To the maximum extent possible, shoreline determine the forni of approval rcuIrrr1:
stabilization should be accomplished by the (a) Consent of Use - is requirci t)r the
I
establishment or appropriate native wetland following activities, pi-miqdeqd that nny Isuch alt-tivity
vegetation. Rip-rap materials, pervious not located in 'an Aquatic Preserve or- Nlanatrr
interlocking brick systems, filter mats, and other Sanctuary and which is exempt from DeparimViii. of
similar stabilization Methods should be utilized in Environmental Regulation permitting
lieu or vertical seawalls wherever feasible. i requirements under Section 403.813(2)(a). (h), (r),
(g) Severance of materials from sovereignty (d), (c), (g), (h), (qi), and (k), Flordn Staillic is
lands shall be approved only if the proposed hereby exempted from any requirement it) imikv
dredging is the minimum amount necessary 10 applicat for consent of use, and sur-h cunscqm is
accomplish the stated purpose and isdesigned to hercin granted by the board:
minimize the need for maintenance dredging. 1. A single dock or access channel which is [10
(h) Severance of materials for the primary more than the minimum length and size necessary to
purpose or providing upland rill shall not be provide reasonable access to navigable water;
approved unless no other, reasonable source of Docks, access channels, boat ramps, or other
materials is available or the activity is determined to activities which preempt no rIlUrC than 1,000 square
be in the public interest. feet of sovereignty land arca for each 100 linear N-ri
(i) Activities on sovereignty lands shall be of shoreline' In the applicam Is ownership (SI.C.
designed to minimize or eliminate adverse impacts -.preempted area" definitio'n Rule 16Q-21.3(25),
on fish and wildlife habitat. Special attention and Floridz Administrative Code). Prociortiona)
consideration shall be given to endangered and increases in the 1,000 square foot thresho .Id can be
threatened species habitat. added for fractional shoreline increment!; over 100
To the maximum extent feasible, all beach linear feet-,
compatible dredge materials shall be placed on 3. Marginal docks and mooring pilings along an
beaches or within the nearshore sand system. existing seawall, bulkhead or revrimcni:
(k) Oil and gas drilling leases on state-owned 4. Replacement or construction of bulkheads or
submerged lands shall be approved only when the seawalls at or within three feet WaLerward (if the
proposed lease area is at least one mile seaward of line of mean high water;
the outer coastline of Florida as defined in United 5. Placement of rip.-ap at or within ten fee:
States v. Florida, 425 24U. Sq. 791, 48 L. Ed. 2d 388, watcrward of the line of mean high w1alter;
96 S. Ct. 184(), upon adequate demonstration that 6. Dredging or other removal of sovereignty
the proposed activity is in the public interest, that materials;
the 'impact upon aquatic resources has been
Renourishmcm of publicly ownud-bcichc;
thoroughly considered, and chat every effort has and
been made minimize potential adverse impacts S. Artificial reefs for public use.

1. Docks, boat ramps, or other such activities Specific Authority 253 FS Law Implementation
whcharc larger than those which can be approved 23303 FS. History 3-27-82.
under consent of us (Section 16021.05(l)(),
-Florida Administrative Code); 16Q-2107 Applications for Consent of Us.
2. All revenue generating/income related (I) Applications for consent of us shall nClUdc
activities; the following:
(a) Name, address and telephone number of
3. Grandfather structures upon sale, applicant and applicant's authorized agent. if
reassignment or other form of conveyance or
transfer; applicable;
4. Existing licenses upon the date of expiration (b) Location of the proposed activity including:
or renewal. county; section, township and range; affected
5. Aquaculture; watcrbody, and a vicinity. map, preferably a
6. Oil and gas exploration and development; and reproduction of the appropriate portion of United
7. Dead shell and other mining. States Geological Survey quadrangle map-,
(c) Easement - is required for- (c) Satisfactory evidence of title in subject
1. Utility crossings and rights of way; riparian upland property or demonstration of
surficient title Interest in uplands for the intended
2. Road and bridge crossings and rights of way; purpose;
3. Grains, breakwaters, and other such shoreline
protection structures; (d) A detailed statement of the proposed activity;
(c) Multiple boat %lip fricili(ics may require an
4. Public navigatin project channels;
affidavit certifying that the facility will not be a
6. Spoll disposal sites; revenue generating/income producing facility;
(0 Two copies of a dimensioned site plan
7. Borrow arc3s for beach renourishment-, and drawing(s) with the following requircnicrits:
8. Canals, channels, and other public water 1. utilizing an appropriate scale on 8 1/2' X
management structures. I I'sizc paper;
(d) Management Agreement - is required for: 2. showing thr approximate Water's edge;
1. Management and protection activities which 3. showing the location of the shorclinr
do not require title interest in state lands. Such vegetation, if existing-, activities may include, but are no( limited to, 4. showing the location or the proposed
endangered species, rookery, preserve, or sanctuary
protection, and management of educational, structures and any existing structurcs;
recreational, or scientific study rcas. 5. showing the applicant's upland parcel
(c) Grandfather structure registration is property lines; and,
required for: 6. showing the primary navigition channels or
1. Docks, piers and other such structures on direction to the rrnicr of the affericd watrrbncty.
sovcrcignty lands in existence prior to March 10 (g) If dredging is proxiscd, an rstimatc of the
I number of cubic yards (if stivrrciqgnty mairriaqls to lie
197U which clo not now have a lcasc but would
remo,vcd showing how the amuunt W25 C;iJCUlaLV&.
rcouire a lcsc pursuant to Section Specl .fic Auihorit 53.03(7) FS. Law Impirtrirqmed
16Q-21.05(l)(b), Florida Administrative Codr. 253.03, 2.53.12, 253.77 FS. Histary-Nevs- .3-27-82.
2. Docks, piers and other such structures which
were approved by the Board or department between 16Q-21.08 Applications for Lcase.
March 10, 1970 and March 27, 1982 which would Applications for leases are divided into four
now require a lease pursuant to Section categories. All leases, except auacuqlturt, oil and
16Q-21.05(1)(b), Florida Administrative Code. gas, and dead shell mining. are under the
(2) All requests for purchases, disclaimers, and standard lease provisions.
quliclaims of sovercignLy lands shall be. processed in (I ) Standard Lease
Accordance with Rules 16Q-21.13, 160-21.q14, and (a) Applications for standard Jeascs shall
16Q-21.15, Florida Administrative Code, include the following:
1. Name, address and telephone numhcr of
(3) All requests for sales, exchanges, leases, and applicant and applicani's authorized ageni, if
private bridge or road casements on sovereignty applicable.
lands shall be proccssed in avrorciance with the 2. Location of the proposed activity ncqludinly,:
notice and hearing requirements or.Scction 253.115, county; section, township ., and range; affected
Florida StaEutcs. watcrbody; and a vicinity map, prefcrably a
Specific Authority 2.53.3(7) FS. Liw Implemenzed reproduction of the appropriate portion of United
2.5J.3, 177.27 FS. Hisiory-New 9-26-77, Forricrqly States Geological Survey quadrangle map.
16C-IZOI, 16Q.17.01, Amended 3-27-828-1-8J. 3. Satisfactory evidence of title in applicant's
160-21.06 Applicqmtions General rPalan upland property.*
Information. Two prints of a survey prcpared, signed, and
(1) Most activities on sovereignty lands will also scaled by a person properly licensed by the Florida
State Board of Land Stirvrvors with the followin
require a permit from the Department Of requirements:
Environmental Regulation. Much of the
i. Utilizing an appropriate scale on,S 1 /2 X
information required for applications under this
rule has been intentionally designed to be idenliz 11 size paocr (unless a larger size is necessary to
provide sufficient clarity and detail);
to information required for the Department o
Environmental Regulation permit applications. 11. showing the line of ordinary or mean high
Therefore if a Department of Environmental water;
ill. showing the location of the shoreline
Regulation permit is also required, a copy of the
application on File with the Department of vegetation, if existing;
Environmental Regulation will satisfy many of the iv. showing the location of the proposed

structures and any existing structures;
v. showing the applicants's upland parcel
property lines;
vi. showing the primary navigation channels or
direction to the center of the affected waterbody;
and,
vii. including a legal description of preempted
area to be leased (see definition, Rule 16Q-21.03
(25), Florida Administrative Code).
5. A list of names and addresses of all property
owners within 1,000 foot radius of the proposed
lease area, verified by the County Property
Appraiser's Office, that these names came from the
latest tax assessments rolls. The names and addresses
shall be clearly typed and acceptable to the
department, preferably on labels suitable for
mailing.
6. Current local zoning and sttaus of any local
government approvals necessary for activities.
7. Florida Department of Revenue registration
number. Leases without sales tax exemption
certificate shall be subject to the Florida State sales
tax.
8. A $200.00 non-refundable processing fee.
9. Computation of lease fee including the total
square footage of preempted sovereignty land to be
leased (see Rule 16q-21.11(1) and definition. Rule
16q-21.03(25), Florida Administrative Code).
10. If dredging is proposed, an estimate of the
number of cubic yards of sovereignty materials to be
removed showing how the amount was calculated.
(b) Terms and conditions shall include but not
be limited to the following:
1. Initial payment of annual lease fee shall be
made within 90 days of lease approval by the Board.
A validated lease will be transmitted to the
applicant upon receipt of initial payment and
acknowledgment of issuance of the Department of
Environmental Regulation permit, where
applicable.
2. Leases shall be for a term of up to 25 years and
renewable at the option of the board. Leases shall
include provisions for lease fee adjustments and
payments annually.
3. All leases shall be assignable, in whole or in
part, upon the approval of the board.
Non-compliance with any term of an executed lease
may be grounds for cancellation of the lease.
4. Upon expiration or cancellation of a lease, the
lease shall remove all structures and equipment
from the leased area within 180 days after such
expiration or cancellation, at the option of the
board. If the lessee fails to remove the structures and
equipment thereon, the board shall at its option and
after 10 days from receipt of written notice by
certified mail to the lessee, have the structures and
equipment removed at the expense of the lessee.
(2) Aquaculture Lease
(a) Applications for aquaculture leases shall
include the following:
1. Name and address of the applicant;
2. Legal description and acreage of the parcel
sought;
3. Two prints of a survey of the parcel sought
prepared, signed, and sealed by a person properly
liscensed by the Florida State Board of Land
Surveyors or an agent of the federal government
acceptable to the department;
4. Description of the aquaculture activities to be
conducted, including whether such activities are to
be experimental or commercial, and an assessment
or the current capability or the applicant to
such activities;
5. Statement evidencing that the lease is in the
public interest;
6. Names and addresses, as shown on the latest
county tax assessment roll, of each owner of
property lying within 1,000 feet of the parcel
southt, certified by the county property appraiser;
7. Statement of the impact of the proposed use of
the parcel sought on the ecology of the area; and
8. A $200 non-refundable processing fee.
(b) If the board determines to lease the parcel
sought, the lease shall be by competitive bid. The
department shall cause notice of such lease to be
published in a newspaper in the county in which the
parcel is situated once a week for four consecutive
weeks. A copy of the notice shall also be sent to the
county commission. Such notice shall contain the
following:
1. Legal description and acreage of parcel
sought;
2. Terms of the leaase acceptable to the board;
3. Deadline, time, and date, for the receipt of all
bids.
4. Address to which all bids shall be sent; and
5. The date, time, and place of the opening of
bids.
(c) Competitive bids of aquaculture leases shall
be written offers of a cash consideration which shall
include the advertised fee for the first lease year, the
amount offered above such fee for said first year
being a competitive bid. The cash consideration
offered shall accompany the written offer and shall
be returned to the unsuccessful bidders of all bids.
(d) A lease shall not be approved by the board
when a resolution of objection, adopted by a
majority of the county commissioners of the county
in which the parcel sought is situated, has been filed
with the department within 30 days of the date of
first publication of the notice of lease.
(e) A lease shall not be approved for a parcel
larger than the applicant can ulitize efficiently;
however, the board may reserve a reasonable
amount of submerged land adjacent to a parcel
under experimental lease for the lessee when
beginning operation under a commercial lease.
(f) Each lease shall contain the following:
1. The term of the lease which shall not exceed
10 years;
i. Fixed fee to be paid throughout the term of the
lease; or
ii. Basic fee to be paid throughout the term of the
lease plus royalties based upon the productivity of
the aquaculture after the first year;
3. The disposition to be made of all
improvements and animal and plant life upon the
termination or cancellation of the lease.
4. The right to assignment in whole or in part,
upon the approval of the board.
(g) Failure to perform the aquaculture activities
for which the lease was granted shall be grounds for
cancellation of the lease and forfeiture to the State of
Florida of all the work, improvements, animal and
plant life in and upon the parcel leased. In addition,
a surrely bond is required.
(h) The parcel leased shall be identified well
marked, and shall have, except when it will

interfere with the development of the animal and
plant life being cultivated by the lessee, reasonable
public access for boating, swimming, and fishing.
All limitations on the public use of the parcel leased
as set forth in the lease shall be clearly posted
conspicuous places by the lessee. Each parcel leased
shall be marked in compliance with the rules and
regulations of the Department, U.S. Coast Guard,
and U.S. Army Corps of Engineers.
(3) Oil and Gas Lease
(a) Applications for nominations for the lease of
sovereignty lands in which the State of Florida holds
an interest in the petroleum or petroleum products
shall include the folowing:
1. Name and address of the applicant or nominee;
2. Legal description of the parcel sought
including the surface acreage; this description may
utilize the submerged land blocks approved by the
board on March 17, 1981;
3. Identification of the state agency vested with
the ownership of the petroleum products;
4. Percentage of the petroleum interests held by
the State;
5. Identification of any municipal corporation in
which all or part of the parcel sought is located or
within 10 miles thereof;
6. Identification of any improved beach outside a
municipal corporation or lands in the tidal waters of
the parcel sought is located or within 3 miles thereof;
and
7. A $200 non-refundable processing fee.
(b) Competitive bids for oil and gas leases shall
be written foffers of a acash consideration including
the advertised fee for the first lease year, the amount
offered above said fee being the competitive bid. The
cash consideration offered shall accompany the
written offer by certified or cashier's check made
payable to the department and shall be returned to
the unsuccessful bidder upon award of the lease or
upon rejection of any and all bids. All bids must
contain a certified statement as to the bidder's state
lease holdings pursuant to Section 253.512, Florida
Statutes.
(2) Dead Shell Lease
Application for leases to remove dead shells
shall be submitted to and processed by the Division
of Marine Resources of the Department. The
issuance of all such leases is subject to approval by
the board.
Specific Authority 253.03(7), 253.73 F.S. Law
Implemented 253.03 253.12, 253.115, 253.47,
253.67-75. 370.16 F.S. History - New 12-20-78,
Formerly 16C-c-12.14, 16Q-17.4, Amended 3-27-82,
8-1-83.
16Q-21.081 Applications for Grandfather
Structure Registration.
(1) Applicants for grandfather structure
registration shall include the following:
(a) Name, address and telephone number of
applicant and applicant's authorized agent, if
applicable.
(b) Location of the proposed activity including:
county; section, township and range; affected
waterbody; and a vicinity map, preferably a
reproduction of the appropriate portion of United
States Geological Survey quadrangle map.
(c) Satisfactory evidence of in applicant's
riparian upland property.
(d) Two copies of a dimensioned site plan
drawing(s) with the following requirements:
1. Utilizing an appropriate scale on 8 1/2 X
11" size paper.
2. Showing the approximate waters edge;
3. Showing the location of the grandfathered
property lines;
4. Showing the applicant's upland parcel
property lines;
(e) Dated aerial photography, previously issued
permits or authorizations, or other satisfactory
information which verifies that the structures
qualify as grandfathered structures.
(f) A $200.00 non-refundable processing and
registration fee.
Specific Authority 253.03(7) F.S. Law Implemented
253.03, 253.71 F.S. History-New 8-1-83.
16Q-21.09 Applications for Public
Easement.
(1) Applications for easements across
sovereignty land for public purposes such as
utilities, bridges, and roads, shall include the
following:
(a) Name, address, and telephone number of
applicant and applicant's authorized agent;
(b) Location of the proposed acitivity including:
county; section, township and range; affected
waterbody; and a vicinity map, preferably a
reproduction of the appropriate portion of a United
States Geological Survey Quadrangle Map.
(c) Satisfactory evidenceof title or extent of
interest of the applicant to the riparian uplands or
consent of upland owners for proposed use;
(d) A detailed statement of proposed use. If the
applicant is a local governing body, the request shall
be by official resolution;
(e) Two prints of a survey prepared, signed, and
sealed by a person property licensed by the Florida
State Board of Land Surveyors meeting the
following requirements:
1. utilizing an appropriate seale on 8 1/2" X
11" size paper.
2. showing boundaries of the parcel sought;
3. showing ownership lines of the riparian
uplands;
4. showing the line of ordinary or mean high
water;
5. showing the location of the shoreline
vegetation, if existing;
6. showing the location of any proposed or
existing structures; and,
7. including a legal description and acreage of
the parcel sought;
(f) Written comments from the Department of
Environmental Regulation, when applicable, in the
form of:
1. permit appraisal or biological assessment;
and,
2. letter of intent, if issued;
(g) A $200.00 non-refundable processing fee
The processing fee may be waived for state agencies
established pursuant to Chapter 20. Florida
Statutes, and local governments; and
(h) If dredging is proposed an estimate of the
number of cubic yards of sovereignty material to be
removed showing how the amount was calculated.
(2) All easements across sovereignty lands shall
be subject to reverter upon failure of the applicants
to use the parcels sought as proposed in the
applications.

to the life of the proposed project or amortization of
the improvements.
Specific Authority 253.03(7) F.S. Law Implemented
253.03,253.12 F.S. History-New 9-26-77, Formerly
16C-12.09 and 16Q-17.09, Revised 3-27-82.
16Q-21.10 Applications for Private
Easement.
(1) Applications for easements across
sovereignty lands for private purposes shall include
the following:
(a) Name, address and telephone number of
applicant and applicant's authorized agent;
(b) Location of the proposed activity including:
county; section, township and range; affected
waterbody; and a vicinity map, preferably a
reproduction of the appropriate portion of a United
States Geological Survey Quadrangle map;
(c) Satisfactory evidence of title or extent of
interest of the applicant to the riparian uplands or
consent of upland owners for proposed use;
(d)A detailed statement of proposed use;
(e) A statement evidencing that the easement
sought is in the public interest;
(f) Two prints of a survey prepared, signed, and
sealed by a person properly licensed by the Florida
State Board of Land Surveyors meeting the
following requirements:
1. utilizing an appropriate scale on 8 1/2" X
11" size paper (unless a larger size is necessary to
provide sufficient clarity and detail);
2. showing boundaries of the parcel sought;
3. showing ownership lines of the riparian
uplands;
4. showing the line of ordinary or mean high
water;
5. showing the location of the shoreline
vegetation, if existing;
6. showing the location of any proposed or
existing structures; and,
7. including a legal description and acreage of
the parcel sought.
(g) Written comments from the Department of
Environmental Regulation, when applicable, in the
form of:
1. permit appraisal or biological assessment;
and,
2. letter of intent, if issued;
(h) A list of names and addresses of all property
owners within a 1,000 foot radius of the proposed
easement area, verified by the County Property
Appraiser's Office that these names and addresses
shall be clearly typed and acceptable to the
Department, preferably on labels suitable for
mailing;
(i) A $200.00, non-refundable processing fee;
(j) If dredging is proposed an estimate of the
number of cubic yards of sovereignty material to be
removed showing how the amount was calculated;
(k) If the application is for an easement of right-
of-way for private access from a public road to lands
of the applicant, proof of approval from the agency
having jurisdiction over the public road; and
(1) Payment for the value of the easement in the
amount stated on an appraisal performed by an
independent appraisal firm contracted by the
applicant and approved by the department.
(2) Applications shall be granted upon such
terms and conditions, including payment of the
value of the easement, if any, that the board sees fit.
within 90 days after receipt of nonfication that the
easement has been granted by the board or the
granting of the easement shall be invalid.
(3) All easements across sovereignty lands shall
be subject to reverter upon failure of the application
use the parcels sought as proposed in the
applications.
(4) The terms of all the easemtns shall be
limited to a reasonable period of time relased to the
life of the proposed project or amortization of the
improvements.
Specific Authority 253.03(7) F.S. Law Implemented
253.03,253.12 F.S. History-New 12-20-78. Formerly
16C-12.10 and 16Q-17.10. Revised 3-27-82.
16Q-21.11 Payments and Fees for Standard
Leases, Easements, and Severed Dredge
Materials.
(1) Standard Leases
(2) The annual lease fee shall be computed at a
base rate of $0.065 per square foot.
(b) There shall be a discount of 30 percent per
square foot per year for all leases that are open to the
public on a first come, first served basis. Marinas
constructed in conjunction with owner occupied
multi-family residential buildings, shall be
considered open to the public on a first come, first
serve basis if no less than 50 percent of its berths are
made available to the general public on a rental
basis.
(c)An additional 20% of the lease fee shall be
charged for the first annual fee on all leases.
(d) The per square foot base rate shall be revised
March 1 of each year and increased or decreased
based on the Consumer Price Index-All Items
pursuant to paragraph (1) below.
(e) The rate for all new leases shall be
determined according to the appropriate base rate
schedule for the year in which the lease is granted.
(f) The rate charged for individual leases shall
be adjusted annually bases upon the average
increase in the Consumer Price Index-All Items for
the previous five years with a 10% cap.
(g) A rate of two times the existing rate shall be
applied to aquatic preserve leases where 75% or
more of the subject lease shoreline and the adjacent
1,000 feet on both sides of the lease area is in a
natural, unbulkheaded, nonseawalled or
nonriprapped condition. A rate of up to three times
the base rate may be used in (Class 1 or 2 Resource
Protection Areas as designed in an aquatic
preserve management plan adopted by the board.
(h) Nonwater dependent uses shall be assessed a
fee that is ten times the appropriate base rate or a fee
calculated by multiplying the square footage of the
preempted area of the unimproved adjacent upland property
times ten per cent, whichever pursuant in either
16Q-21,11(1)(d) or the revised annual assessed
value as appropriate. Grandfathered nonwater
dependent uses shall be treated as water dependent
uses when grandfather status is lost for any reason.
(i) There shall be a minimum annual fee of
$225.00.
(j) Waivers, partial waivers,or exclusions from
payment of the lease fees for government, research
educational or charitable organizations may be
granted by the Board in the event that the proposed
uses are in the public interest.
(k) If a faculty occupies sovereign submerged

lands portions of which are exempted from payment
by virtue of grandfathered status and portions of
which are leased, and grandfathered status is lost,
the lease fee and rate schedule for the entire
property shall be the appropriate base rate at the
time the renegotiated lease is executed.
(1) There shall be an assessment for prior
unauthorized use of sovereignty land for
after-the-fact lease applications. The minimum
assessment for such applications shall include:
1. Payment of retroactive lease fees;
2. Payment of an assessment computed as the
number of square feet in the lease area times the
lease fee per square foot at the times construction was
commented times ten; and
3. Payment of an additional annual percentage
on retroative lease fees and on the assessment
calculated under 2., computed at a rate of 12%. Such
rate shall be adjusted annually to a rate equal to the
two percentage points above the Federal Reserve
Bank discount rate to member banks.
(m) Any grandfather structures which are not
registered according to this rule shall lose any
grandfathered rights.
(n) Any grandfather structures which are not
registered according to this rule shall be considered
a prior unauthorized use as of June 30, 1984, and
may be treated according to the provisions of this
section.
(o) The board may, at its discretion, consider
equities and particular circumstances on a case by
case basis to determine whether an adjustment of the
assessment provisions set forth in (1) above would be
warranted and may increase or lower the
assessment accordingly.
(2) Private Easements
(a) The fee for private easements shall be
determined by an appraisal obtained by the
applicant. The appraiser must be selected from the
division's approved list of appraisers and the
appraisal must be reviewed and approved by the
division.
(b) In addition to standard appraisal
requirements and procedures, the following factors
shall be considered in determining the easement fee:
1. the extent to which the easement is
exclusionary; i.e., the degree to which the proposed
easement precludes, in whole or in part, traditional
or future public uses of the easement area or other
submerged land; and
2. the enhanced property value or profit gained
by the applicant if the proposed easement is
approved.
3. Severed Dredge Materials
(a) When an activity involves the removal of
soverignty materials in upland property by
dredging or any other means, payment per cubic
yard of material shall be as follows:
1. Monroe County $3.25
2. Bay, Brevard, Broward, Charlotte,
Collier, Dade, Duval, Esrambia, Lee
Manatee, Palm Beach, Paseo. Pinellas
and Sarasota Counties $2.25
3. All other counties $1.25
4. Minimum payment $50.00
(b) These payments shall not be used for dead
shell and mining leases which will be subject to
individual royalty or other compensation payments.
(c) A waiver of the severed dredge material
payment may be requested and approved when;
1. the materials are being placed on public
2. it is affirmatively demonstrated that the
severed dredge material has no economic value.
Specific Authority 253.03(7) F.S. Law Implemented
253.03,253.71 F.S. History - New 3-27-82, Amended
5-18-82, 8-1-83.
16Q-21.12 Spoil Islands
(1) No spoil islands shall be developed except
upon a clear showing that the development is in the
public interest and hardship would result if the
development was not authorized.
(2) Proposals for public development of spoil
islands may be authorized after comments have been
solicited and received from the appropriate public
agencies determining that the public interest would
be served by the development.
(3) Unauthorized structures that have been
constructed on spoil islands shall be removed. The
procedure for removal shall be as follows:
(a) The individual claiming a possessory interest
in any structure shall be served notice by certified
mail that he is trespassing and that he must remove
the structure within 120 days of receipt of the notice.
(b)If the individual fails or recluses to remove the
structure within 120 days of receipt of the notice, the
board shall have the structure removed at the
individual's expense.
(c) If the individual cannot be located, notice of
trespass and intent to remove the structure shall be
posted on the structure for 120 days prior to
removal.
(4) Continuing human habitations of any spoil
islands is prohibited.
Specific Authority 253.01(7) F.S. Law Implemented
253.03, 253.115 F.S. History - New 9-26-77, Formerly
46C-12.05 and 16Q-17.05 Revised 3-27-83.
16Q-21.13 Applications to Purchase Lands
Riparian to Uplands.
(1) Applications to purchase lands riparian to
uplands may be made by the riparian owners only.
The board reserves the right to reject any and all
such applications. The following shall be included
in each application:
(a) Name and address of the applicant;
(b) Two prints of a survey prepared, signed, and
sealed by a person properly licensed by the State of
Florida Board of Land Surveyors or an agent of the
federal government approved by the department
clearly showing:
1. the boundaries of the parcel sought;
2. land tie referenced by ground survey, to an
established accessible section corner, subsection
corner, other U.S. Government Land Office survey
corner, or other controlling corner(s);
3. boundary lines of the applicant's adjacent
uplands;
4. existing mean high water line, surveyed and
approved in accordance with Chapter 177, part 11,
Florida Statures, between the applicant's uplands
and the parcel sought extending 1,000 feet from
both sided of the parcel;
5. Five maps, no larger than 8 1/2" X 14" in
size, showing the location of the parcel sought for
purchase. These maps need not be certified.
(d) Legal description and acreage of the filled
parcel.
(e) Aerial photograph showing the date of -flight
if available, with the parcel sought identified
theron;

with any dedication data, if the applicant;s uplands are part of the subdivision;
(g) Satisfactory evidence of title in the applicant to the riparian uplands;
(h) Statement of the applicant's proposed use of the parcel sought;
(i) Statement evidencing that the sale of the parcel is in the public interest;
(j) Names and addresses, as shown on the latest county tax assessment roll, of all owners of land lying within 1,000 feet of the parcel soughtk certified by the county appraiser;and
(k) An appraisal of the currenbt market value of the parcel sought made within 3 months after the date of application by an appraiser with designations acceptable to the department.
(1) A non-refundable processing fee of $200 shall accompany each application, except for applications from state agencies.
(2) If the parcel sought is located in Pinellas or Sarasota County, the applicant shall simultaneously file an application with the respective water and navigation control authority having jurisdiction over the parcel.
(3) When state-owned submerged lands have been filled without authority after June 11, 1957 (state-owned submerged lands filled before June 11, 1957 are addressed in Rules 16Q-21.14 and 16Q-21.15, Florida Administrative Code), the board, by law may:
(a) Direct the fill be removed by or at the espense of the applicant;
(b) direct the fill remain as state-owned and have it surveyed at the expense of the applicant; or
(c) sell the filled lands. the following sale prices shall be recommended by the department to the board:
1. One and one-half times the present appraised value of the lands excluding building improvements if the unauthorized filling was done by the applicant's predeccessor in title between June 11, 1957 and July 14, 1967.
2. Two times the present appraised vlaue of the lands excluding building improvementes if the unauthorized filling was done by the applicant's predeccessor in title after July 14. 1967.
3. Three times the present appraised value of the lands excluding building improvements if the unauthorized filling was done by the applicant after June 11, 1957.
4. Full payment for the deed shall be made within 90 days after notification of confirmation of the sale by the board or the sale shall be invald. Specific Authority 253.03, 253.12, 370.021 FS. Law Implemented 253.115, 253.12 FS. History-New 9-26-77. Formerly 16c-12.04 and 16Q-17.04. Revised 3-27-82.
16Q-21.14 Disclaimers to Confirm Title to Filled formerly sovereignty Lands.
(1) Applications for disclaimers to confrim title of formerly sovereignty lands filled prior to May 29, 1951 (prior to June 11,1957 in Dade and Palm Beach Counties), or subsequent to these dates under authority of a U. S. Army Corps of Engineers permit issued prior to these dates, must be supported by documentary evidence acceptable to the deparment including the following:
(a) Name and address of the applicant;
(b) Two prints of a survey prepared, signed, and sealed by a person properly licensed by the Florida federal government acceptable to department clearly showing:
1. present mean high waterline, surveyed and approved in accordance with Chapter 177, Part II, florida Statues;
2. applicants's ownership to the former mean high water line shown of indicated;
3. U.S. government Land Office eander line; and
4. traverese of fill , showing the location of the former mean high water line, which is properly riparian to the applicant's uplands, with a land tie to an established accessible section corner, subsection corner, other U. S. Government Lqand office Survey corner, or other controlling corner(s);
(c)five maps, no larger than 8 1/2" X 14" in size, showing the location of the parcel sought. The maps need not be certified;
(d) Legal description and acreage of the filled parcel;
(e) Aerial photograph showing the date of flight, if available, evidencing the date of filling:
(f) Satisfactory evidence of title in th applicant to the riparian uplands to the mean high water line as it existed prior to filling;
(g) two affidavits executed by disinterested parties evidencing the date, as accurately as possible from personal knowledge, when the filling of the parcel sought was completed;
(h) Copy of the U. S. ARmy Corps of Engineers permit issued prior to May 29, 1951 (June 11, 1957 in Dade and Palm Beach Counties) authorizing the fill, if applicable; and
(i) A non-refundable processing fee of $200 shall accompany each application, except for applications from state agencies.
Specific Authority 253.03(7) FS. Law Implemented 253.12, 253.129 FS. History new 9-26-77. formerly 16-12.06 and 16Q-17.06. Revised 3-27-82.
16Q-21.15 Quitclaims to clear Title to filled fromerly sovereignty Lands.
(1) Applications for quitclaim deeds to clear title to sovereignty lands filled after may 29,1951, but prior to June 11, 1957 (except in Dade and Palm Beach Counties) or subsequent to these dates under authority of a U. W. Army corps of Engineers permit issued prior to these dates, must be supported by documentary evidence acceptable to the department and including the following:
(a) Name and address of the applicant:
(b) Two prints of a survey prepared, signed, and sealed by a person sproperly licensed by the Florida State Board of Land surveyors or an agent of the federal government acceptable to the department clearly showing;
1. present mean high water line surveyed and approved in accordance with Chapter 177, Part II, florida Statues;
2. applicant's ownership to the mean high water line prior to filling;
3. U. S. government Land Office Meanderline; and
4. traverse of fill, showing the location of the former mean high water line, which is properly riparian to the applicant's upland ownership, with a tie to an estblished accessible section corner, subsection corner, other U. S. Government Land Office survey corner, or other controlling corner (s);
(c) Five maps, no larger than 8 1/2" X 14" in size, showing the location of the parcel sought. The

maps need not be certified;
(d) Legal description and acreage of the filled parcel;
(e) Aerial photograph showing the date of flight, if available, and showing the land as it existed prior to and after the filling;
(f) Satisfactory evidence of title in the applicant to the riparian uplands;
(g) Two affidavits executed by disinterested parties evidencing the date, as accurately as possible from personal knowledge, of commencement and completion of the fill;
(h) Copy of a U. W. Army Corps of Engineers permit issued after May 29, 1951, but prior to June 11, 1957, authorizing the fill, if applicable; and,
(i) A non-refundable processing fee of $200 shall accompany each application, except for applications from state agencies.
(2) the consideration for the parcel sought shall be the appraised value of the parcel in its unfilled state prior to June 11.1957. The appraisal of the parcel shall be made within 3 months after the date of application by an appraiser with designations acceptable to the department.
(3) full paymebnt for the deed shall be made within 90 days after notification of confirmation of the conveyance by the board or the conveyance shall be invalid.
specific Authority 253.03(7) FS. Law Implemented 253.12 FS. History-New 9-26-77, Formerly 16C-12.07 and 16Q-17.07, Revised 3-27-82.
16Q-21.16 Applications to Reclaim Lands Lost Due to Avulsion or Artificial Erosion.
(1) Applications to reclaim lost lands as defined in Section 253.124(8), florida Statutes, may be submitted only by the riparian upland owner or the legally authorized agent therof.
(2) Applications to reclaim lands lost due to avulsion or artificial erosion shall include the following:
(a) Name and address of applicant;
(b) Satisfactory evidence of title in the applicant to the existing upland, such as:
1. current title insurance company authorized to do business in Florida; or
2. opinion of title prepared by a member ot the Florida Bar; or
3. affidavit of ownership;
(c) a survey prepared, signed, and sealed by a registered land surveyor showing the applicant's upland, U. S. Meander survey line, the approximate original mean high water line and the existing approximate man high water line, and a traverse showing the location of the former mean high water line which is properly riparian to the applicant;s uplands with a land tie to an established reference point;
(d) Legal description as shown by original survey which shall include the area to be reclaimed;
(e) Copy of a recorded subdivison plat showing the original recorded shoreline if the applicant's upland is part of a subdivision, or a copy of a map taken from an R. E. D. I. Real Estate Atlans map showing ownership lines and shorelines;
(g) Two affidavits executed by disinterested parties evidencing the manner, as accurateley as possible from personal knowledge, that the loss of land occurred by avulsion (storms, hurricanes), artificial erosion (caused by the emplacement of bulkheads, jetties and other structures), dredging, or artificial land cutting of uplands; and
(h) Accurate aerial photographs showing the date of flight evidencing the location and configuration of the original shoreline before and after avulsion or artificial erosion. Suggested sources; local tax assessor's office, local offices of the State Departments of Transportation and Agriculture and Consumer Services, and local offices of the U. S. Army Corps of Engineers.
Specific Authority 253.03(7) FS. Law Implemented 253.03m 253.12 FS. History-New 3-27-82.

Appendix D.

F.S. 1985 STATE PARKS-AND PRESERVES Ch. 258

258.393 Terra Ceia Aquatic Preserve wastewater or effluent discharge activites-
(1) The following described area in manatee county is herby designated by the Legislature for inclusion in the aquatic preserve system under the Florida Aquatic Preserve Act of 1975. Such are, to be known as the Terra Ceia Aquatic Preserve. shall be included in the aquatic preserve system and shall include the following described real property. Begin at a point 165 feet north of the southwest corner of the northwest quarter of Section 12, Township 33 south, Range 17 East. Manatee County, thence run west to the mean high-water line of Tampa Bay, said point being the point of beginning. From said point of beginning, run northwesterly into the waters of Tampa Bay and parallel to the Port Manatee ship channel to the Manatee-Hillsborough county line thence run southwest along the Manatee-Hillsborough county line to its intersection with the Intracoastal Waterway thence run south-southwesterly along the Intracoastal Waterway to a point on a line connecting the western most tip of Snead Island (Manatee County) to the southernmost tip of Mullet Key (Pinellas County) thence run southeasterly along said line to the westernmost tip of Snead Island (also know as emerson Point) thence run in a northeasterly direction along the mean high-water line of Tampa Bay, Terra Ceia Bay, where the mean high-water line intersects the north line of U. S. Government Lot 4, Section 16, Township 34 South, Range 17 East; thence east along the said north line of U. S. Government Lot 4 and the easterly extension thereof a distance of 1,111 feet more or less to the mean high water line at a seawall; thence meander in a northwesterly, westerly, northerly direction alon the seawall of a canal, thence in a northeasterly direction along the mean high water line of Miguel Bay, Joe Bay, and Bishop Harbor to the point of beginning, including tidal waters of all tributaries; less all privately titled submerged lands and uplands.
(2) Wastewater of effluent discharge activities from an existing stationary facility or existing stationary instalation which has been approved pursuant to state law of federal law or for which facility or installation an application has been filed before June 2$, 1984, are exempt from the requirements of the Chapter
History-$ 1. cn. 84-312: $ 4. cn. 85-34.

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