Pellicer Creek aquatic preserve management plan / draft adopted July 9, 1989

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

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AQUATIC PRESERVES MANAGEMENT PLAN

SEPTEMBER 1989

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91-75
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F6 DEPARTMENT OF NATURAL RESOURCES
1989

AIL

PELLICER CREEK

AQUATIC PRESERVE MANAGEMENT PLAN

(DRAFT)

SEPTEMBER 1989

Tom Gardner-

Executive Director

Department of Natural Resources

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

Funds for this management plan were provided by the Department of
Environmental Regulation, Office of Coastal Management using funds
made available through the National Oceanic and Atomspheric
Administration under the Coastal Zone Management Act of 1972, as
amended.

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TABLE OF CONTENTS

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

CHAPTER II MANAGEMENT AUTHORITY
A. Statutory Authority ..................... 7
B. Administrative Rules ..................... 8
C. Management Plans ........................ 11
D. Other Applicable Authorities ........... 12

CHAPTER III DESCRIPTION OF AQUATIC PRESERVE
A. Location/Boundary ....................... 15
B. Physiography ............................ 15
C. Geology ................................. 19
D. Hydrology ............................... 20
E. Climate ................................. 20
F. Water Quality ........................... 21
G. Vegetation .............................. 25
H. Fish and Wildlife ....................... 30
I. Designated Species ...................... 33
J. Cultural Resources ...................... 36
K. Regional Land Use, Developmer@t, & Associated
Impacts ................................. 36
1. Adjacent Upland Uses
2. Uses of the Preserve
3. Planned Use

CHAPTER IV MANAGEMENT AREAS
A. Introduction ............................. 41
1. Definition
2. Use Designations
3. Management Area Criteria
4. Rational for Specific Criteria
B. Management Areas ......................... 44

CHAPTER V SITE SPECIFIC MANAGEMENT ISSUES & NEEDS
A. Management Issues and special Needs ...... 51
B. Policy Directives ........................ 53

CHAPTER VI MANAGEMENT ACTION PLAN
A. Resource Management ....................... 55
B. Resource Protection ....................... 57
C. Research .................................. 59
D. Environmental Education ................... 60

CHAPTER V11 MANAGEbUNT COORD114ATION NETWORK
A. Federal Agencies .......................... 63
B. State Agencies ............................ 67
C. Regional Agencies ......................... 70

D. Local Governments & Interest Groups ....... 71

CHAPTER VIII STAFFING AND FISCAL NEEDS ................... 73

CHAPTER IX RESOURCE & ACTIVITY MONITORING PROGRAM
A. Resource Monitoring ........................ 77
B. Activity Monitoring ....................... 77
C. Accomplishments & Progress Monitoring ..... 77

REFFIZENCES ................................... 79

LIST OF FIGURES AND TABLES

Figure 1. Florida Aquatic Preserve System .......... 3

Figure 2. Pellicer Creek Aquatic Preserve .......... 17
Boundary Map

Figure 3. Saline Conditions in Pellicer ............ 23
Creek

Figure 4. Vegetation Map of Pellicer Creek ......... 27

Figure 5. Adjacent Land Use Map ..................... 37

Figure 6. Management Areas ......................... 49

Table 1. Designated Wildlife Species ............... 34
Table 2. Management Coordination Network .......... 65

Table 3. Anticipated Budget for Pellicer .....* ..... 75
Creek Aquatic Preserve

LIST OF APPENDICES

Appendix A. Relevant Legislation ............. ... 81

Appendix B. Local Government Comprehensive ........ 91
Plans Applicable Policies

Copies of the legal description of the Pellicer Creek Aguatic
Preserve, as well as, copies of Chapters 253 and 258, F.S. ,
and Chapter 18-21, F.A.C., may be obtained from:

Bureau of Aguatic Preserves
Department of Natural Resources
Cedars Executive Center, Suite 232-B
Mail Box 77, 2639 North Monroe Street
Tallahassee, Florida 32303

CHAPTER I

INTRODUCTION

Pellicer Creek was designated an aquatic preserve in 1970,
because of its near pristine condition and because of the
state's desire to protect this condition from development.
Pellicer Creek represents one of the 42 officially designated
aquatic preserves in the state of Florida (figure 1). Located
in northeast Florida along the border of St. Johns and Flagler
counties, the Pellicer Creek Aquatic Preserve covers
approximately 505 acres of sovereignty submerged lands. The
boundaries of the preserve include all tidal lands and
islands, sandbars, shallow banks, submerged bottoms and lands
waterward of the mean or ordinary high water line. (MHW) to
which the state holds title.

The goal of the Florida Aquatic Preserve Program as specified
in Section 258.36, Florida Statutes (F.S.), is to set aside
forever state-owned submerged lands which have exceptional,
biological, aesthet@ic, or scientific value for the benefit of
future generations. Creation of the Aquatic Preserve Program
resulted from an appreciation of these values and an
understanding that development-oriented problems were
destroying these values. Therefore, it is the intent of the
Florida Legislature that aquatic preserves be maintained in an
essentially natural or existing condition so these exceptional
values can-be preserved for future generations.

The role of the Aquatic Preserve Program is to manage and
protect the natural resources within the boundaries of the
preserve through staff programs and coordination with other
state and federal resource management programs. An integrated
management plan encompassing all the legislatively delegated
resource management and protection laws is essential in
preserving the resource values of the preserve.

In developing a management plan for an aquatic preserve, the
process of obtaining relevant information about the area
includes the collection of resource facts, management issues
and strategies, and present and future land use plans. This
management plan is intended to serve as a useful guide in
assisting preserve managers in maintaining the uniqueness of
the area. Local governments are encouraged to incorporate
this plans management criteria and policies into their local
government comprehensive plans.

Due to the relatively pristine conditions found in Pellicer
Creek, the preserve will be granted the maximum protection
allowable under the Aquatic Preserve Program. Section 18-

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AQUATIC PRESERVES ARE ESTABLISHED EAT
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MANAGERS OF THESE AREA&

FOR MORE INFORMATION REGARDING
AOUATIC PRESERVES CONTACT:

DEPARTMENT OF NATURAL RESOURCES

DIVISION -OF STATE LANDS

BUREAU OF AQUATIC PRESERVES

3900 COMMONWEALTH BLVD
TALLAHASSEE, FLOR IDA 32303
CRIAT1001 CAN L A.KNGX

Figure 1

20.004 (2)(a), Florida Administrative Code (F.A.C.) (Appendix
A), states that proposed development projects and lease
requests to utilize sovereign bottoms in less developed
aquatic preserves shall be subject to-a higher standard than
similar projects in the more developed preserves.

The overriding goal of this management plan is to target
specific actions designed to maintain the original integrity
and pristine quality of Pellicer Creek and its associated
resources. To achieve this goal, four primary strategies are
emphasized in this plan:

1) documentation and collection of all available resource
information concerning the preserve.

2) designation of various management areas within the
boundaries of the preserve.

3) establishment of compatible management criteria
governing preserve usage for each management area.

4) summarization of procedures for plan implementation,
including fiscal and staffing requirements.

Due to the lack of human encroachment in and around the
Pellicer Creek Aquatic Preserve, the natural beauty of the
salt marsh and associated communities, has largely been
preserved; however, there is a lack of updated, site specific
information on the natural resources contained in the study
area. Therefore, much of the biological resource information
supplied in this report is based on salt marsh systems in
general.

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CHAPTER Il

MANAGEMENT AVI!HORITY

A. STATUTORY AUTHORITY

The primary laws providing management authority for aquatic
preserves are Chapters 253 and 258, Florida-Statutes (F.S.).
These authorities establish the proprietary role of the
Governor and Cabinet, sitting as the Board'of Trustees of the
Internal Improvement Trust Fund as Trustees over sovereignty
submerged lands. These statutes also empower the Trustees to
adopt and enforce rules and regulations for managing all
sovereignty submerged lands, including aquatic preserves.
Management responsibilities may be fulfilled directly by the
Governor and Cabinet, or indirectly by staff of the Division
of State Lands, through delegations of authority from the
Trustees.

The Division staff, in addition, serve as site managers for
the Trustees, and review requests for uses affecting
sovereignty submerged lands within the aquatic preserves. The
staff conduct project site reviews to evaluate the
environmental consequences of proposed uses. Project
assessments and review are primarily evaluated in accordance
with the criteria in Sections 258.35-42, F.S., (Florida
Aquatic Preserves Act) and 18-20, F.A.C., (Rules of Florida
Aquatic Preserves).

Staff comments on proposed uses are submitted for
consideration in developing recommendations to be presented
to the Trustees. This mechanism provides a basis for the
Trustees to evaluate public interest and project merits within
the context of potential environmental impacts upon the
aquatic pre *serves. Any activity located on sovereignty
submerged lands will require - consent or other appioval from
the Board of Trustees. Consent of use may be granted on small
projects from the Division of State Lands in accordance with
the authority delegated by the Board.

The laws supporting aquatic preserve management are the result
of the public's awareness of the importance of preserving
Florida's coastal environment resulting from the rampant
dredge and fill activities in the lat& 19601s.

In 1967 the Florida Legislature passed the Randall Act
(Chapter 67-393, Laws of Florida), which established
procedures regulating previously unrestricted dredge and fill
activities on state-owned submerged lands. That same year the
legislature provided the statutory authority (Section 253.03,
F.S.) for the Trustees to exercise proprietary control over

state-owned lands. Also, in 1967, government f ocus on
protecting Florida's productive estuaries from development led
to the Trustee's establishment of a moratorium on the sale of
submerged lands to private interests.

In the same year, an interagency advisory committee on
submerged lands was created. In late 1968, the committee
issued a report recommending the establishment of twenty-six
aquatic preserves. Also, in 1968, the Florida Constitution
was revised, declaring in Article II, Section 7, the State's
policy of conserving and protecting the natural resources and
scenic beauty. That constitutional provision also established
the authority for the legislature to enact measures for
abatement of air and water pollution.

on October 21, 1969 the Governor and Cabinet acted upon the
recommendations of the Interagency Advisory Committee and
adopted by resolution eighteen of the water bodies as aquatic
preserves. other preserves were similarly adopted at various
times through 1971. Prior to the October 1969 action, the
legislature had created 'the Boca Ciega Aquatic Preserve.
Subsequent legislation in 1972, 1973, and 1974 created the
Pinellas County, Lake Jackson and Biscayne Bay Aquatic
Preserves, respectively.

In 1975, the legislature established the Florida Aquatic
Preserve Act (Chapter 258, F.S.) bringing all existing
preserves under a standardized set of maintenance criteria.
Subsequent acts added Cockroach Bay in 1976, Rookery Bay in
1977 and Gasparilla Sound-Charlotte Harbor in 1978 to the
Aquatic Preserve program.

In June, 1985, the Legislature passed Senate Bill 762 which
expanded the boundaries of the Rookery Bay, Banana River,
Indian River-Malabar to Vero Beach, Loxahatchee River-Lake
Worth Creek, and Wekiva River Aquatic Preserves, and created
the. Guana River Marsh and Big Bend Seagrasses Aquatic
Preserves. Lemon Bay and Rainbow Springs were added as
aquatic preserves by SB 607 in 1986. Lake Weir and Oklawaha
River were added in 1988 and 1989, respectively.

B. ADMINISTRATIVE RULES GOVERNING AQUATIC PRESERVES

Chapters 18-20 and 18-21, Florida Administrative Code
(F.A.C.), are two administrative rules directly applicable to
the DNR's/Trustees' actions regarding allowable uses of
submerged lands in general and aquatic preserves specifically.

1. CHAPTER 18-20, F.A.C.

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 containea 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 73-534,
Laws of Florida, sections 258.39, 258.391, 258.392,
and 258.393, Florida Statutes, future aquatic
preserves established pursuant to general or special
acts of the legislature, and in Rule 18-20.002,
Florida Administrative Code, were established for
the purpose of being preserved in essentially
natural or existing condition so that their
aesthetic, biological and scientific values may
endure for the enjoyment of future generations.

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

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

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

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

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

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

(f) to preserve, promote, and utilize indigenous
life forms and habitats, including but not
limited to: sponges, soft coral, hard corals,
submerged grassest mangrovesP saltwater
marshes, freshwater marshes, mufflats,
estuarine, aquatic and marine reptiles, game
and non-game fish species, estuarine aquatic,
and marine invertebrates, estuarine, aquatic,
and marine mammals, birds, shellfish and
mollusks;

(g) to acquire additional title interests in lands
wherever such acquisitions would serve to
protect or*enhance the biological, aesthetic,
or scientific values of the preserve;

(h) to maintain those beneficial hydrologic and
biologic functions, the benefits of which
accrue to the public at large."

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

Chapter 18-21, F.A.C., controls activities conducted on
sovereignty submerged lands in general and is predicted upon
the provisions of Sections 253.03 and 253.12, F.S. These
rules are supplemental to Chapter 18-20, F.A.C. in the
regulation of activities in aquatic preserves. The stated
intent of this administrative rule is:

I'M to aid in fulfilling the trust and fiduciary
responsibilities of the Board of Trustees of the
Internal Improvement Trust Fund for the
Administration, management, and disposition of
sovereignty lands;

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

(3) to manage, pro tect, and enhance sovereignty lands so
that the public may continue to enjoy traditional
uses including, but not limited to, navigation,
fishing and swimming;

(4) to manage and provide maximum protection for all
sovereignty lands, especially those important to
public drinking water supply, shellfish harvesting,
public recreation, and fish and wildlife propagation
-and management;

(5) to insure that all public and private activities on
sovereignty lands which generate revenues or exclude
traditional public uses provide just compensation
for such privileges;

(6) to aid in the implementation of the State Lands
Management Plan."

C. MANAGE14M PLANS

Various aquatic preserve management plans previously adopted
by the Trustees were incorporated into rule in 1988; this plan
will be similarly incorporated into rule upon approval by the
Trustees. As such, these plans carry the same authority as do
Chapters 18-20 and 18-21, F.A.C. Presently, 14 management
plans have been adopted, covering 21 of the State's 42 aquatic
preserves. These previous management plans were designed to
be generic in nature, with policies and management guidance
generally applicable to all aquatic preserves. However, this
plan and all future aquatic preserve management plans will be
designed to be more site-specific and contain policy guidance
and directives applicable to an individual preserve.

The State Lands Management Plan, adopted on March 17, 1981,
and amended by the Trustees on July 7, 1981 and March 15,
1983, contain specific policies concerning spoil islands,
submerged land leases, "Outstanding Native Florida
Landscapes," unique natural features, seagrass beds,
archaeological and historical resources, and endangered
species. These policies provide the fundamental direction for
formulating management plans and policies of the Aquatic
Preserves Program.

Also, the State Comprehensive Plan, established by chapter
187, Florida Statutes, provides broad policy guidance for the
development of management plans for the statewide system of
aquatic preserves. The goals, objectives and policies set
forth in this aquatic preserve management plan are designed to
be consistent with the goals and policies of the state
Comprehensive Plan pertaining to the water resources, coastal

and marine resources and natural systems. In addition, this
plan has been developed to serve as a guide for local
governments to build consistency between this plan and the
conservation and coastal management elements of regional and
local government plans.

D. OTHER APPLICABLE MANAGEKKNT AUTHORITIES

Other Department of Natural Resources management authorities
applicable to aquatic preserve management includes fisheries
and marine mammal management and protection (Chapter 370,
F.S.), and beach and shore (Chapter 161, F.S.) programs.
Also, Jand acquisition programs conducted under the
Environmentally Endangered Lands (EEL) authority of Chapter
259, F.S. and the Conservation and Recreation Lands (CARL)
Program authorized by Chapter 253, F.S., will enhance the
protection of natural resources within aquatic preserves.

The Marine Fisheries Commission (MFC) was established as a
rule making authority pursuant to Section 370.027, F.S. Seven
members are appointed by the Governor and are delegated full
rulemaking authority over marine life, except for endangered
species.

The Department of Environmental Regulation's (DER) rules
significant to the aquatic preserve management program are
Chapter 17-3, 17-4, and 17-12 F.A.C. Authority for these
rules is based in Chapter 403, F.S. Chapter 17-3, F.A.C.
addresses water quality standards with the most stringent
category being "Outstanding Florida Waters" (OFW). As an OFW,
ambient conditions, instead of prescribed values, become the
water quality standards for the water body. Chapter 17-4,
F.A.C. addresses permit requirement, and Chapter 17-12, F.A.C.
dredge and fill activities.
Section- 253.77, F.S., as amended by the Warren S. Henderson
Wetlands Protection Act of 1984, requires that any person
requesting use of state-owned lands shall have prior approval
of the Trustees. An interagency agreement between DNR and DER
provides for DNR staff comments into the DER permitting
process for environmental impacts in aquatic preserves.

Authorized by Section 380.06, F.S., the Department of
Community Affairs (DCA) and the Regional Planning Councils
(RPC) are responsible for administering the Development of
Regional Impact (DRI) program. The DRI process was
established to provide a review and monitoring procedure for
development projects potentially affecting the health, safety,
or welfare of citizens of more than one county.

Chapter 267, F.S., establishes the State policy regarding the
preservation and management of Florida's archaeological and
historical resources. This responsibility is assigned to the
Department of State, Division of Historical Resources (DHS),
which holds title to those cultural 'resources located on
state-owned lands, including aquatic preserves.

The Department of Health and Rehabilitative Services, (HRS)
under the authority of Chapters 3381 and 388, F.S. administers
two programs directly affecting the aquatic preserve
management program: septic tank regulations (which are
usually administered by the County Health Department); and
arthropod (mosquito) control programs usually administered
through local mosquito control districts. Each of these
programs holds the potential to create significant impacts
upon the aquatic preserves.

Each of the above referenced programs assist in protecting the
aquatic preserves and their ecologically sensitive resources.

CHAPTER III

DESCRIPTION OF PELLICER CREEK AQUATIC PRESERVE

A. LOCATION/BOUNDARY

The Pellicer Creek Aquatic Preserve is located in northeast
Florida, approximately 16 miles south of the City of St.
Augustine. The creek borders the northeast section of Flagler
County with the southeast section of St. Johns County (Figure
2). This 505 acre preserve borders U.S. Highway 1, and
extends approximately 4 miles eastward to the Matanzas River.
Pellicer Creek's salt marsh habitat is considered to be one of
the most pristine estuarine/riverine systems along Florida's
east coast.

Boundaries of the Pellicer Creek Aquatic Preserve include only
state-owned (sovereignty) submerged lands that occur below the
mean high water mark. Uplands and artificial canals are
excluded from the preserve.

B. PHYSIOGRAPHY

The Pellicer Creek Aquatic Preserve is located in the lower
part of the Atlantic Coastal Plain. The 'coastal region
occupies a physiographic division known as the Coastal
Lowlands, which are low in elevation and poorly drained.

White (1970), describes the general topography of this area
which was formed during the Pleistocene epoch, as being
mposed of ancient marine terraces that run parallel to the
Atlantic Ocean shoreline. There are seven, possibly eight
co

marine terraces in Florida, each formed at different' sea
levels. These terraces were formed long ago by waves,
currents and varying sea levels. When the sea level remained
stationary for long periods, the waves and currents would
erode the sea floor to form a fairly level surface. When the
sea level dropped, the sea floor became a level plain or
terrace. The Silver Bluff terrace is present within the
Pellicer Creek preserve boundaries at an altitude between sea
level and ten feet above sea level. Just outside the preserve
boundaries, the Pamlico terrace rises from 5 to 25 feet above
sea level.

Drainage in this coastal strip area between the St. Johns
River basin and the Atlantic Ocean is primarily into lagoons,
formed by barrier islands. Pellicer Creek contributes to this
drainage by flowing into the Matanzas River which is part of
the Atlantic Intracoastal Waterway. This river can better be
described as a coastal lagoon with access to the Atlantic

POEPAIIED BY F J. HANSEN
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ST. JOHNS AND FLAGLER COUNTIES, FLORIDA
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Figure 2

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ocean by way of the Matanzas Inlet, located approximately
2.5miles north of Pellicer Creek.

The long, narrow chain of barrier islands outside the
preserve, acts as the first line of defense for the mainland
against storm surges. Inlets have formed along these islands
during storms, forming temporary shallow inlets that later
closed due to siltation. Human intervention through dredging
and stabilization of the existing inlets has allowed saline
water to mix with fresh water, creating the estuarine
environment that now exists.

C. GEOLOGY

In St. Johns and Flagler counties, thick limestone beds of the
Eocene Age underlie the area at depths ranging from sea level
to more than 300 feet below sea level. Micocene or Pliocene
deposits directly overlie the Eocene limestone formations.
The surface area is blanketed by Pleistocene and Recent
deposits in varying depths.

The general soil type within the aquatic preserve is made up
of the Pellicer Series. This is a very poorly drained, nearly
level soil that is found in low tidal marshes along stream
estuaries near the Atlantic coast. Typically, the surface
layer is dark brown silty clay loam about ten inches thick.
The soil is flooded twice daily by normal high tides.
Permeability is slow. Organic matter content is very high,
while natural fertility is limited by excess'salt. .

This Pellicer soil is not suited to cultivated crops, improved
pasture, or trees. The high salt and sulfur content, high
clay content, and low strength severely restrict the use 'of
this soil for agricultural purposes. The soil becomes
extremely acid when it is dry for long periods. The low soil
strength will not support grazing cattle or equipment.

Potential for community development is low. The hazard of
flooding, excessive wetness, and low strength make the soil
poorly suited to the construction of buildings or roads.
This soil type does support various vegetation providing
important wildlife habitat, and an essential link in the food
chain for both sport and commercial fishing.

In the upland communities surrounding the Pellicer Creek
Aquatic Preserve, sandy soil types are represented in the
communities of sand ridges, coastal dunes and flatwoods. More
information regarding the soil types in the preserve and
surrounding uplands, can be found in the USDA publication,
Soil Survey of St. Johns County (1983).

D. HYDROLOGY

Pellicer Creek is part of the northern watershed in the Upper
East Coastal Basin. Most of which is dominated by forestland
(80%), but also having significant amounts of wetlands (16%).
The majority of the watershed in this basin is drained by
relatively small creeks or branches (Flagler County
Comprehensive Plan, Draft, 1988).

The Hulett Branch, Pringle Branch, Stevens Branch, Dave Branch
and Schoolhouse Branch all drain into the aquatic preserve
f rom, the west. Styles Creek f lows south out of Pellicer
Creek, near the Matanzas River. To the north, Rootan Branch
flows southward through Faver-Dykes State Park and drains into
Pellicer Creek.

Pellicer Creek is the only natural drainage in the general
area that cuts through the marine terraces and ridges to flow
east into the Matanzas River. From the Matanzas River
lagoonal area the f low of water eventually empties into the
Atlantic Ocean by way of the Matanzas Inlet, 2.5 miles north
of the Flagler County line.

In the coastal area covering St. Johns County and Flagler
County, three major estuarine rivers drain the region:
Tolomato River (north), the Matanzas River (middle), and the
Halifax River (south).

Surf ace-water hydrology in this area is inf luenced by the
interaction of the brackish water of the Matanzas River with
the freshwater inputs from tidal branches, and overland
sheetflow. The results are wetlands that provide valuable
wildlife habitat and play an important role in maintaining the
levels and quality of surface water.

E. CLIMATE

The climate of the northeast Florida coastal region is under
a pronounced maritime influence (National oceanic &
Atmospheric Administration, 1982). The heat of summer and
cold of winter is moderated by the close proximity of the Gulf
Stream. As a result, this area experiences a humid, sub-
tropical climate characterized by long summers and heavy
rainfall with mild, dry winters.

Specifically, the average maximum and minimum temperatures
range from 81 degrees F. to 58 degrees F., respectively. The
mean annual temperature is about 70 degrees F. near the coast
and about 72 degrees F. inland. The average annual rainfall
is about 50 inches, of which 50-75% falls between June and
October.

F. WATER QUALITY

Pellicer Creek was designated as an "Outstanding Florida
Waters" (OFW), on March 1, 1979. Because of their natural
attributes, these waterbodies are assigned additional
protection through the Department of Environmental Regulation.
Chapter 17-3, F.A.C., addresses the water quality standards by
which OFW are managed. Permit applications for activities
that lower ambient water quality standards within designated
OFW are normally denied.

Although limited data exists on the quality of water in the
aquatic preserve, the Department of Environmental Regulations,
1988 Florida Water Quality Assessment 305 (b) Technical
Appendix, classifies the water quality in Pellicer Creek as
"good". Water quality in the -adjoining Matanzas River,
outside the preserve was listed as "fair". The good water
quality rating of Pellicer Creek may be supported, in part, by
the obvious lack of human encroachment on the uplands
surrounding the creek.

Septic tanks are presently used by a small number of homes
bordering the creek, representing a potential non-point source
of pollution.

The assessment of water quality in the East Coast Basin, in
general, indicated more serious water quality problems both
north and south of the Pellicer Creek Aquatic Preserve. These
areas of concern were located near urban areas where
stormwater runoff and sewage treatment effluents were reasons
cited for water degradation.

-The entire creek system within the preserve is strongly
affected'by fluctuating tides. Saline conditions are evident
up to and beyond the eastern preserve boundary of U.S. Highway
1, (figure 3). A study of the salinity conditions in Pellicer
Creek, was conducted in 1978 for the Palm Coast Comprehensive
Plan, utilizing "indicator species" of plants and animals.
Below is a list of the species reported occurring in the
following salinity ranges of Pellicer Creek:

False Mussels, Mytilopsis leucophaeata ...... 0.0 - 5.0 ppt
Carolina Marsh Clam, Polymesoda caroliniana. 0.5 - 10.0 ppt
Ivory Barnacles, Balanus eburneus .......... 15.0 - 28.0 ppt
Candy Striped Barnacle, Balanus amphitrite. 30.0 & above ppt
Oysters, Crassostrea virginica ............. 10.0 - 35.0 ppt

Smooth Cordgrass, Spartina alterniflora .... 15.0 - 35.0 ppt
Narrow-Leaf Cattail, Typha angustifolia .... 15.0 ppt
Red Maple, Acer rubrum ...................... 0.0 - 5.0 ppt
Bald Cypress, Taxodium distichum ............ 0.0 - 5.0 ppt
Soft Rush, Juncus effusus ................... 0.0 - 5.0 ppt

44 46

15 - 20 ppt
v
ehz
4
C%
5-15ppt3
G

2 X,

CA)
0-5 ppt

39
9 10

R30E ppt - parts per thousand

Figure 3 Saline conditions in Pellicer Creek

G. VEGETATION

The predominate habitat type of the Pellicer Creek Aquatic
Preserve is of an intertidal, salt marsh community, (figure
4). Considerable information has been written on the value
of salt marshes to the environment, (Bagur, 1977; DNR,
Appendix IV, 1986; SCSA, 1897; Westlake, 1965).

As part of an estuarine ecosystem, salt marshes form a vital
connection between saltwater and freshwater habitats. The
term, salt marsh, may be synonymous with tidal marsh, brackish
marshl coastal wetland, coastal marshes, and tidal wetland.
All are generally characterized as expanses of grasses
(Poaceae), rushes (juncacea), and sedges (Cyperaceae) common
along the Atlantic Coast and inland tidal rivers.

Salt marshes are most abundant and extensive in Florida north
of the normal f reeze line, being displaced by and interspersed
among tidal swamps and mangroves below this line. They are
usually dominated by a single plant species such as
blackneedle rush (Juncus roemarianus) or smooth cordgrass
(Spartina alternif a) that form dense, uniform stands.
These stands may be arranged in well-defined zones according
to tidal action and salinity levels, or may spread over a
broad area, with elevation the primary determining f actor.
Usually, one or two species dominate areas of higher salinity,
with a noticeable increase in plant diversity occurring
further inland where the salinity decreases.

In the Pellicer Creek Aquatic Preserve, blatkneedle rush is
the dominate species of vegetation, accompanied by occasional
patches of smooth cordgrass fringing the outer reaches of the
marsh. These outer reaches may be classified as low marsh,
due to the frequency of tidal inundation. In the high marsh,
dense concentrations of blackneedle rush mix with an
assortment of less salt tolerant species such as, sawgrass,
cattail, and salt myrtle. The only evidence of submerged
vegetation are patches of Widgeon Grass (Ruppia maritima),
which occurs in both fresh and brackish environments.

Salt marsh vegetation live under stressful conditions. High
salt content in the soil, poor soil aeration, frequent
submersion and exposure, intense sunlight, and occasional
fires make the salt marsh community inhospitable to most
plants and require a wide tolerance limit for its inhabitants.
These parameters also help to create the distinct vegetation
zones that are characteristic of salt marshes. Despite the
rigorous environment which restricts the number of species,
salt marshes, like the estuaries they surround, are extremely
productive ecosystems.

lice

Saltmarsh
F] Upland Vegetation
95

Figure 4 Vegetation Map

Tidal fluctuation is the most important ecological factor in
salt marsh communities. The frequency and physical action of
tidal flooding attributes to the fragmentation of vegetation
and the rate of decomposition. The nutrients, sediments and
detritus from the uplands filter into the marsh contributing
to this highly productive environment. The changing water
levels allow f or the cycling of these nutrients and gives
marine and estuarine fauna access to the marsh. This exchange
or flushing action helps to make salt marshes one of the most
biologically productive natural communities in the world, even
to the degree of surpassing most intensive agricultural
practices.

Decomposing organic matter generated from the salt marsh
vegetation provides an essential link in the estuarine -
oceanic food cycle. The diagram below illustrates the
dynamics of a typical marsh food web and its importance to top
carnivores extending outside the salt marsh community

FRESHWATER
WETLANDS
MACRO-ALaAE PLANKTON FEEDERS

2o CARNIVORE

Rodfish

Seatrout
MARSH GRASSES Croakers
LITTER zoo- Flounder
PLANKTON

moo-
CARNIVORES
DETRITAL FEEDERS
SEAGRASSES
DEPOSIT
RS Killifish TOP CARNIVORES
FEEDE
Soot Sharks
Pintish Herons
Tidewater
.11--id. Gulls
Pelican.

R.c.o..

Man

Generalized marsh-estuarine food web (Durako et al.. 1985).

A great number of invertebrates and f ish, including most of
the commercially and recreationally important species such a
shrimp, blue crab, oysters, sharks, grouper, snapper and
mullet, use salt marshes throughout part or all of their life
cycles. The habitat provides ideal protection and an abundant
food supply for juvenile and adult fish, birds and
invertebrates, forming the perfect "nursery" grounds.

Salt marshes are also extremely important because of their
abilities to buffer storms and to filter out pollutants from
the water. The dense composition of roots and stems hold the
unstabilized soils together, reducing the impact of storm wave
surge, protecting shorelines from erosion. The plants,
animals and soils filter, absorb, and neutralize many
pollutants, such as heavy metals, pesticides, and sewage
effluents, before they can reach adjacent marine and estuarine
communities. This removal of excess nutrients and pollutants
is in a manner analogous to tertiary waste treatment. These
are additional factors that make tidal marshes extremely
valuable as a natural resource.

The high density of plant stems and roots effectively anchors
sediments from upland runoff or from littoral and storm
currents. As suspended solids from runof f are restrained,
water clarity increases, thereby providing suitable. habitat
f or phytoplankton and submerged vegetation. Decaying marsh
plants and transported detritus which are also trapped by the
living plants, accumulate to f orm peat deposits. Together,
these accretion processes build land.

Ahother type of vegetative community f ound in the preserve,
are tidal or mud flats, underlining most of the open estuarine
water near the mouth of Pellicer Creek. The tidal flats are
usually exposed at low tide, along the creek bank and smaller
branches that empty into preserve. This community supports
microscopic algae, also referred to as "mud algae", as the
main producer and f ood source to a host of invertebrates.
Birds utilize these productive flats not only for feeding, but
also for loafing.

H. FISH AND WILDLIFE

The wildlife value associated with highly productive salt
marsh communities is extremely important. The linking of
estuarine with freshwater environments forms a necessary
habitat for the feeding and breeding of many species. Ranging
from protozoa to mammals, the animal populations are of
considerable variety. Some species are restricted to this
semiaguatic semiterrestrial habitat, while others can be found
in the upland communities surrounding the preserve.

Marsh animals exhibit zonation patterns similar to vegetation,
due to habitat preferences. Environmental parameters
affecting their distribution and zonation, include salinity,
inundation, substrate character, pH, oxygen level, light,
humidity, and temperature as well as fire and wind.

The frequency of tidal flooding or proximity to tidally
affected waters, as well as the availability of detritus, are
two of the principal factors influencing the density of
aquatic and intertidal salt marsh organisms. In addition to
providing an area of abundant food, the protective qualities
of salt marshes provide reproduction and juvenile development
habitat for many animal species.

Primary and secohdary consumers such as amphipods, fishes,
shrimp, crabs, clams, oysters, snails and worms feed on the
abundant supply of detritus, plankton, and animal protein that
is generated from salt marshes. Various rodents such as the
rice rat and cotton mouse, and birds like rails, willets, red-
winged blackbirds, seaside sparrows, and marsh wrens, all
utilize salt marshes for denning or nesting habitat. Other
mammals such as the raccoon, opossum, marsh rabbit, and wading
birds like herons, egrets, ibis, and wood storks frequent
marsh edges and mud flats primarily to feed.

Partial destruction of ecological communities often breaks up
productive wildlife areas into smaller isolated pockets by
destroying the vegetation which serves to link these
communities together. These linkages or corridors allows for
the necessary movement of wildlife that may be vital for
specific activities such as breeding, nesting, and feeding.
Habitat disturbance and destruction are the major causes for
decline and loss of species. With increasing human
encroachment and development, pressures will undoubtedly be
placed on present wildlife populations.

Fish/shellfish
The salt marsh community provides a crucial habitat, in the
form of a nursery area, for many species of juvenile fish and
shellfish. Tidal creeks are preferred by many commercially
important species such as blue crabs, shrimp, mullet,
menhaden, and many other fishes. According to Seaman (1985),
at least 75% of Floridas recreational and commercial fishes
depend on estuaries for at least part of their life. 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.

Seaman (1985), goes on to say that, penaeid shrimp represent
the most economically important fishery in Florida with a 1980
dockside value of $48,107,789. Utilizing the marsh as a
refuge and for feeding activity, the amount of salt marsh

vegetation is directly related to the yeilds of penaeid
shrimp. Alterations of freshwater flow have been shown to
have an af f ect on penaeid shrimp, as well as reduced water
quality from runoff. Without the filtering virtues of
wetlands, shrimp populations would be in jeopardy.

Blue crabs are another important commercial fishery source in
Florida, that are found in secondary bays, salt marshes, And
areas adjacent to rivers and creeks. As with penaeid shrimp,
marshes and their protective qualities also play an essential
role in crab production.

Oysters require an environment having low energy waves and
f luxuating salinity levels, characteristic of salt marshes.
Chemical pollution, high levels of turbidity, or a reduction
of freshwater inflow could be detrimental to oyster habitat.
The filtering attributes of salt marshes, is essential to the
development of oysters.

According to the Department of Natural Resources, 1988
Assessment of Fisheries Habitat: Northeast Florida, the loss
or alteration of wetland habitats, resulting from population
growth and development, is probably the most important issue
affecting coastal fisheries in northeast Florida. The
secondary effects of development that act to stabilize the
landscape (e.g., dredging, filling, bulkheading,
channelization) alters freshwater inflow and increases
pollutants, thereby contributing to reduced fisheries
production.

Reptiles/Amphibians
There are a number of both reptiles and amphibians that reside
in the uplands surrounding Pellicer Creek, but they do not
typically do well in saline environments. However, as
salinity decreases further inland, an increase of species
would be expected.

Restricted to brackish water, the diamondback terrapin is a
possible inhabitant of Pellicer Creeks salt marsh community.
Alligators are frequently seen throughout the preserve, while
a host of various snake, turtle and frog species occur in the
inland wetlands bordering the preserve.

Birds
As with other wildlife species, birds utilize the Pellicer
Creek area extensively for both nesting and feeding activity.
Nesting in the adjacent upland habitat, but feeding in the
marsh are bald eagles, ospreys, herons and egrets. Rails and
pelicans are also supported by the marsh, whereas, waterfowl
utilize the area during the winter. During low tide wading

birds commonly utilize the mudf lats f or f eeding and loaf ing
activity.

According to Daiber (1982), management practices such as
disking, ditching, grazing and burning of salt marshes alters
the water f low and level. Such management practices, can
adversely impact certain species of birds and their nesting
sites, f rom the standpoint of species composition, density,
and distribution.

Mammals
A number of small mammals are associated with the fringes of
salt marshes. However, none appear unique to salt marshes
since all are found in or along fresh water inland marshes,
along the borders of ponds, lakes, streams or in the upland
areas.

The raccoon, mink, and otter are typical mammalian predators
who invade salt marshes searching for voles, shrews, mice,
rats, muskrats, nutria, and rabbits. Of these, the muskrat,
marsh rabbit, harvest mouse, nutria, and the shrew may be
considered marsh animals (Daiber 1982).

Ma rine mammals such as bottle-nosed dolphin and West Indian
.manatee occasionally travel the Intracoastal Waterway outside
the preserve. Manatees have been seen within the Pellicer
Creek Aquatic Preserve by personnel from Faver-Dykes State
Park.

1. DESIGNATED SPECIES

Found in Table 1 are a list of animal species assumed to be
found at or in the vicinity of Pellicer Creek. These species
have been given legal protection pursuant to the U.S. Fish and
Wildlife Service (USFWS) Endangered Species Act of 1973,
and/or the Florida game and Fresh Water Fish Commission
(FGFWFC) regulations.

Designated species may be classified as endangered,
threatened, of special concern, or under review for such
listing. Endangered species are those threatened with
extinction if the deleterious factors affecting their
populations continue. These are species whose numbers have
already declined to such a critically low level, or whose
habitats have been so seriously reduced or degraded that
without active assistance, survival is questionable.
Threatened species are those likely to become endangered in
the foreseeable future if current trends continue. Species of
special concern are those that warrant special attention even
though they do not fit the other categories. These species,
although perhaps not rare, may be especially vulnerable to

certain types of exploitation or environmental changes and
have experienced long term population declines. Species of
this designation may also have potential impact on endangered
or threatened populations of other species.

TABLE 1

Designated Wildlife Species
Likely to Occur In Pellicer Creek Aquatic Preserve

COMON NAME/SCIENTIFIC NAME FGFWC USFWS

BIRDS:

Brown pelican
Pelecanus occidentalis SSC

Little blue heron
Egretta caerulea SSC

Louisiana heron
Egretta tricolor SSC

Snowy egret
Egretta thula SSC

Reddish egret
Egretta rufescens SSC UR2

Limpkin
Aramus guarauna SSC

American oystercatcher
Haematopus palliatus SSC

Least tern
Sterna antillarum T

Bald eagle
Haliaeetus leucocephalus T E

Wood stork
Mycteria americana E E

COMMON NAME/SCIMiTIFIC NAME FGFWC USFWS

MAMMALS:

West Indian manatee
Trichechus manatus
latirostris E E

REPTILES:

American alligator
Alligator mississippiensis SSC T(S/A)

FISH:

Atlantic sturgeon
Acipenser oxyrhynchus SSC US2

common snook
Centropomus undecimalis SSC

FGFWFC Florida Game & Fresh Water Fish Commission
USFWS United States Fish & Wildlife Service
E Endangered
T Threatened
T(S/A) Threatened Due to Similarity of Appearance
SSC Species of Special Concern
UR1 Under review for federal listing, with substantial
evidence in existence indicating at least some
degree of biological vulnerability or threat.
UR2 Under review for f ederal listing, but substantial
evidence of biological vulnerability and/or threat
is lacking.

J. CULTURAL RESOURCES

No known archaeological nor historical sites actually occur
within the boundaries of the Pellicer Creek Aquatic Preserve.
However, the region provides plentiful resources, mild
climate, and sheltered areas that could have provided adequate
accommodations for early Indian inhabitants.

In the general vicinity of the creek, on higher ground, are
four recorded prehistoric sites. The Rhotan Midden, Rhotan
Mound and Pellicer Mound all occur on the north bank of the
creek, while the Wadsworth Midden is nearer the Matanzas River
on the south side of Pellicer Creek. Very little information
exists pertaining to their historical significance, or to
their exact locations.

K. REGIONAL LAND USE, DEVELOPMENT AND ASSOCIATED IMPACTS

1. ADJACENT UPLAND USES

The upland properties immediately adjacent to the Pellicer
Creek Aquatic Preserve are presently zoned for agriculture,
allowing a density of 1 residential unit per 5 acres.. These
lands are in both state and private ownership (see figure 5).
Information from the Flagler County Comprehensive (draft) Plan
1988, indicates that significant timber producing lands (zoned
agriculture) generally lie east of U.S. Highway 1.

These adjacent uplands can be broadly categorized into two
types, low or no development areas, and low-density
residential areas. These divisions are based. on existing
conditions and do not necessarily reflect county and municipal
zoning terminology.

It should be noted that a large area, approximately 1500 acres
of adjacent uplands, has been listed for possible purchase
through the state Is Conservation and Recreational Lands (CARL)
program. Unfortunately, this proposal was not included on the
1989 priority list, but is still under consideration.

Low or No Development - A total of f ive undeveloped or
minimally developed tracts of land abut Pellicer Creek.
(acreage is approximated).

a) 673 acres, north of the creek, is owned and managed by
the state as Faver-Dykes State Park; providing passive
recreation such as camping, boating and fishing.

V.
d. I I
PRIVATE HUNTING
PUBLIC
RECREATION & TIMBER
- - - - - - - - - - - - - - - - - - - - - - -

V. 6'0.& -'6 - - - - - - -
: 4 9, V Is, I 1 48,

A ph o
91 a, 91 a" 91 &@V
dV V. .4 vd, .4 0.-
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0% 0% 0% 04 04 04
- - - - - - - - - - -
IV

...... . - - -

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

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

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

PRIVATE SINGLE
MOZ
------ FAMILY OWNER
............. .........
-1011.1ralI I,- IM IRTRIF,
'r. IVS
o"In
III- - - - - - - -
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01
YeiMMME

N., ... . ... -I'..-------------------
.IT N S .
rr % wivr' g@-@
47

PRIVATE
TIMBER

Ale.

Zo'@
IV

-.91

- - - - - - - - - - - - -

N'x L @vwfr'-
Ni vNil,
r@J'XA
A?'klo @Qlg
- - - - - - - - - - - - - - - -
wy
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Figure 5 Adjacent land use map

b) 800 acres, northeast of the creek, is owned by ITT-
Rayonier; managed as a hunting preserve and for its
timber resources.

c) northwest of the creek between U.S. Highway 1 and I-
95, private property owned by several individuals;
currently undeveloped.

d) 1500 acres, southeast of the creek, formally known as
the Wadsworth Estate or Princess Place, is owned by
private individual; the property has 3 residence units
and several associated structures; *the property is
believed to be used primarily as a weekend retreat.

e) south of the creek, another large parcel is owned by
ITT-Rayonier and actively managed for timber
production; this area is the probable site for the
future- expansion of the Palm Coast development.'

Low - Density Residential - Only one area bordering the
preserve falls into this-category.

a) north of the preserve, located between Faver-Dykes
State Park and 1-95, is a.small community represented
by single-family homes on lots in the one-to-five acre
range; this area has the most potential for additional
development in the immediate future.

2. USES OF THE PRESERVE

The uses of the Pellicer Creek Aquatic Preserve can be divided
into four general categories:

Public/recreation - Pellicer Creek is designated as a state
canoe trail, thereby promoting a complimentary form of
boating recreation within the preserve. The state park
provides easy access to the creek where fishing and crabbing
are popular recreational activities. Extremely low tides
and exposed mud flats makes the area unsuitable for active
sports such as water skiing or swimming. The park provides
a boat lunching area and fishing dock.

Private - private uses are reflected in the presence of
several (less than 12) small, private docks associated with
adjacent upland single-family residences.

Public Utilities/ transportation - two major roads cross the
preserve, Interstate 95 and U.S. Highway 1. Power utility
lines also cross over the preserve running parallel with
Interstate 95.

3. PLANNED USE

According to the Flagler County Comprehensive (Draft) Plan
1988, most of the development activity anticipated by year
2000 will occur within the coastal area of the county. Future
land use schemes include the development of Matanzas Shores,
located on the coast southeast of the preserve, as well as the
continued northerly expansion of the Palm Coast Development,
located several miles south of the ITT-Rayonier property.
Increase demand for residential communities will cause
pressure to further subdivide lands westward from the coastal
area.

Unfortunately the most attractive coastal areas for
development activities frequently are the most ecologically
fragile and are extremely vulnerable to development of any
kind. The uplands along the creek would be more suitable to
development than the wetland sites. The' recreational
opportunities coupled with the panoramic views overlooking the
scenic salt marsh of the preserve, makes this area
particularly vulnerable. Any development of the upland
habitat would undo@ibtedly have some detrimental effect on the
aquatic preserve.

Impacts from urban development including the filling of
marshes, increased erosion, and alterations such as
bulkheading, would have negative effects on the resources.
The degradation of water quality f rom storm water runof f ,
wastewater effluent, and oil/gas residue from increased boat
traffic will also have an impact. Along with the destruction
of land and vegetation, many animal species will not adapt to
the changes, and may also vanish.

According to.the Northeast Florida Regional Planning Council,
75% of Florida's population resides in coastal areas.
Northeast Florida's population has increased 21% in the last
decade, with a 103% increase in unincorporated areas, compared
to only 19% increase in municipalities. Major urban centers
in northeast Florida are on bodies of water that are important
breeding and nursery areas for fish and shrimp, which support
the regions fishing industry.

CHAPTER IV

MANAGEMENT AREAS

A. INTRODUCTION

This section of the plan divides the Pellicer Creek Aquatic
Preserve into 3 different management areas, and outlines the
criteria by which activities and structures are to be allowed
within each area. The intent is to provide staff direction in
managing the preserves natural resources, and to assist the
general public in understanding the rational behind specific
restrictions that are imposed on public and/or private uses.

1. DEFINITION

The division of the preserve into different management areas
is the focal point of this plan. These management areas are
determined by identifying and delineating relatively
homogeneous areas of (1) natural resources and (2) adjacent
upland uses. By necessity, the delineation of the upland
areas is often somewhat broader than is county and municipal
zoning, which can be on a scale inappropriate for managing an
open aquatic system. The management areas are simply
geographic delineations; they do not directly imply any
relative degree of management effort. The number of
management areas may vary among aquatic preserves, depending
on the upland use and resource conditions. Thus, the
designation of management areas is considered to be preserve-
specific.

2. USE DESIGNATIONS

The combination of the biological and physical parameters
within the preserve along with existing or proposed upland
activities determines the categories of use designated for
each management area. "Public utilities," defined as a means
by which the public is served amenities deemed necessary for
comfortable, safe living conditions, can be considered as a
designated use. The utilities include communication lines,
such as telephone and television cables; water lines; and
power cables. These cables, pipes, and lines may be
subaqueous, embedded into the substrate, or they may be
aerially supported by poles or attached to bridges'. Public
utilities are generally deemed to be in the public interest;
therefore, all management areas include public utilities as a
designated use. All utilities must conform to rule criteria.

Certain utilities may be prohibited where undeveloped islands
are involved. other designated uses considered under the
management areas are as follows:

Single-Family Use: This category is defined by single-family
residences using the adjacent portion of the aquatic preserve
solely for private, recreational activities. Structures built
over state-owned land may include private residential single-
family docks, fishing piers, shoreline stabilization, and boat
ramps, associated with each residence.

Multi-Family Use: This designation is defined by more than
one private residence using the adjacent portion of the
aquatic preserve solely for private, recreational activities.
Structures. built over state-owned land include private
residential multi-slip docks, fishing piers, shoreline
stabilization, and boat ramps. The associated residences may
include a group of single-family property owners, such as a
homeowners' association, that desires to construct any of the
above-mentioned structures for the mutual benefit of the
group.

Public Use: This category includes structures used by the
general public at no charge. The exceptions to this 'are
federal, state, county, or municipal parks that charge a
nominal fee. Structures associated with this category include
single or multi-slip docks, fishing piers, and boat ramps.

These use categories. are broad in nature, and while some
aquatic preserves may have additional use designations, other
preserves may have. less. Separate management areas within
each preserve may be assigned more than one use.

3. MANAGEMENT AREA CRITERIA

Within a given management area, each designated use is given
certain specific criteria that will: (1) allow the structure
or activity to occur while minimizing its impact on the
biological resources, and (2) provide the riparian owner
reasonable ingress and egress.

These criteria take into account site-specific information to
provide predictability in any planning effort for projects
anticipated to occur within specific management areas; as
such, they are intended to apply to any new structures or
activities, to any expansion of existing facilities, and to
any repair that involves the replacement of pilings. The
criteria for each management area may include modifications to
structures and lease fee rates that may be stricter or greater
than those currently covered by state lands or aquatic
preserve general rule. For example, the dimensions of a dock

may be restricted to a smaller size or less square footage, so
to lessen the impact on marsh vegetation.

4. RATIONAL FOR SPECIFIC CRITERIA

a) Docks and fishing piers are permitted only in areas where
gaining access to the water body transverses no more than
20' of extending marsh vegetation. This restriction will
help to preserve the aesthetic appeal of the marsh f rom
being diminished by docks and piers, as well as, address
the biological values of providing a continuum of habitat
for wildlife.

b) Main access docks and f ishing piers for private residential
multi-slip facilities, will be restricted to 41 in width,
but only in areas where the structures transverse directly
over marsh vegetation. Extending f inger piers will be
confined to open water areas only. These restrictions will
help to reduce the shading ef f ect on the vegetation and will
narrow the path of disturbance caused by the structure.

c) No docks or fishing piers will be permitted to extend more
than 20% of the width of open water body in Pellicer Creek.
This restriction will again help to preserve the aesthetic
and biological values of the preserve, as well as to curtail
obstructions that may impact boating safety.

d) Any new dredging, f or the purpose of obtaining navigable
water depths in conjunction with all docking facilities
and/or for general navigational purposes, will be
prohibited. Pellicer Creek is a pristine and shallow water
body with extensive mud flats throughout much of the
preserve. These mud flats severely restrict navigation to
periods of high tides and in the use of smaller boats. Any
dredging that would occur to increase navigation would
presumably promote further dredging activity by adjacent
landowners. New dredging will damage existing bottom
communities, create turbidity, alter salinity levels, and
encourage an increase in boating vehicles and their size.
Furthermore, the Department of Natural Resources has
designated Pellicer Creek as a state Canoe Trail, thereby
promoting the use of a more passive, less impacting form of
boating. The increase of power boats generated from new
dredging would be in severe conflict with canoeing
activities.

B. MANAGEMENT AREAS

There are 3 management areas delineated f or the Pellicer Creek
Aquatic Preserve (figure 6). While the restrictive criteria
placed on these management areas still provide f or traditional
uses of the preserve and the riparian owners right of
reasonable ingress and egress, the emphasis on creating new
criteria is based on the pristine condition of the preserve
and in the promotion of more passive, less impacting uses.

These management areas are not listed in any priority order,
but are simply labelled as Management Areas A, B, and C. The
following text details these areas f rom a general east to west
direction.

1. MANAGEMENT AREA A (MA-A)

Description and Delineation: MA-A represents the largest
management area of the preserve, including all adjacent
uplands near the mouth of Pellicer Creek, as well as the
entire southern boundary of the preserve. This area is
characterized by tidal mud flats, oyster shell beds, large
expanses of marsh vegetation, and relatively undeveloped
upland properties. ITT-Rayonier owns upland property on
several parcels north of the creek, and the majority of land
bordering the preserve on the south. Land use practices
includes management for hunting and timber resources.
Private property also includes a large tract of land on the
southeast border of the preserve, owned by a single
individual and presently used as a residence (formally
Wadsworth Estate/Princess Place). While there are no
reported plans for development at this time in MA-A,
adjoining properties further south (e.g. Palm Coast
Development), are experiencing rapid development. This in
turn, may cause properties bordering MA-A to, in the f uture,
lend themselves towards single or multi-family uses.

MA-A is def ined as all state-owned submerged lands formed
by the preserve'border on the east, U.S. Highway 1 bordering
the southwest corner, ITT-Rayonier and Faver-Dykes State
Park boundary line on the northwest corner. The south
shoreline border is designated as the MHWL, and the north
border extends to the middle of the creek (the county line).

Designated Uses: single-family use; multi-family use.

Specific Criteria: Proposed structures will comply with
criteria outlined for private residential single docks and
private residential multi-slip docks, in Section 18-
20.004(5)(a)-(c), F.A.C. No commercial activities will be
permitted in MA-A.

Additional restrictive criteria on structures and activities
are as follows:

1) docks and f ishing piers are permitted only in areas
where gaining access to the water body transverses no
more than 201 of extending marsh vegetation.

2) main access docks and fishing piers for private
residential multi-slip facilities, will be
restricted to 41 in width, in areas where the
structures transverse directly over marsh
vegetation. Extending finger piers will be confined
to open water areas only.

3) no docks or fishing piers will be permitted to extend
more than 20% of the width of open water body in
Pellicer Creek.

4) any new dredging, in' conjunction with docking or
navigational purposes, will be prohibited.

Effect Of Criteria: The combination of biological,
physical, and aesthetic conditions found in MA-A, warrant
the above mentioned restrictions. There are only 2 known
private residential structures existing in MA-A. The
imposition of this additional specific criteria for
docking structures, will not result in changes to these
structures. However, this criteria will require new
structural designs on future docks that may differ from
those currently in existence. The additional criteria on
dredging will minimize degradation of the preserve in
general, and will insure that boating usage be limited to
small ' horsepower engines and canoes. overall, this
criteria will provide for minimal development in a near
pristine area, thereby lessening the impact on the
resources, and still allowing for private use and access
to the water.

@f future development of uplands adjacent to MA-A results
in single-family or multi-family residential growth,
homeowners may obtain access to the water body through
private or multi-f amily slip docking facilities, as provided
in this plan and applicable to rule criteria.

2. MANAGEMENT AREA B (MA-B)

Description and Delineation: This area is relatively
undisturbed, both in the aquatic preserve and on the
adjacent upland, which is owned and managed by the state as
Faver-Dykes State Park. Near shore areas are characterized
by large expanses of marsh vegetation coupled with
contrasting high bluffs. Land use activities are directed
towards passive outdoor recreation available to the public
(e.g. camping, picnicking, fishing).

MA-B is def ined as all state-owned submerged lands formed
on the east by the state park boundary line, and on the west
by the state park property line, north to the MHWL and south
to the middle of the creek (the county line).

Designated Uses: Public u se

Specific Criteria: Proposed structures will comply with
criteria outliH-P--d for private residential single-family
docks, in Section 18-20.004(5)(a) and (b), F.A.C. No
commercial or private residential multi-slip docking
facilities are permitted in MA-B.

Additional restrictive criteria on structures and
activities are as follows:

1) docks and fishing piers are permitted only in areas
where gaining access to the water body transverses no
more than 20' of extending marsh vegetation.

2) no docks or fishing piers will be permitted to
extend more than 20% of the width of open water body
in Pellicer Creek.

3) any new dredging, in conjunction with docking or
navigational purposes, will be prohibited.

Effect of Criteria: There is only one known structure
existing in MA-B (public fishing pier/dock) . The imposition
of this additional specific criteria for docking structures,
will not result in changes to the existing dock. However,
this criteria will require new structural designs on future
docks that may differ from the present structure. The
additional criteria on dredging will minimize degradation
of the preserve in general, and will insure that boating
usage'be limited to small horsepower engines and canoes.
overall, this criteria will contribute to passive recreation
and public use of the preserve, and protect the pristine
environment.

3. MANAGEMENT AREA C (MA-C)

Description and Delineation: This area involves the only
significant amount of development in the'adjacent uplands,
with 1 to 5 acre residences. The area is characterized by
extending stretches of marsh vegetation and overlooking
bluffs, where the majority of existing homes are built.

MA-C is defined as all state-owned submerged lands formed
on the east by the state park property line, and on the west
by U. S. Highway 1; north to the MHWL and south to the middle
of the creek (the county line).

Designated Uses: single-family use

Specific Criteria: Proposed structures will comply with
criteria outlined for private residential single family
docks, in Section 18-20.004 (5) (a) and (b), F.A.C. No
commercial or private residential multi-slip docking
facilities are permitted in MA-C.

Additional restrictive criteria on structures and activities
are as follows:

1) docks and f ishing piers are permitted only in areas
where gaining access to the water body transverses no
more than 201 of extending marsh vegetation.

2) no docks or fishing piers will be permitted to extend
more than 20% of the width of open water body in
Pellicer Creek.

3) any new dredging, in conjunction with docking or
navigational purposes, will be prohibited.

Effect of Criteria: The combination of biological,
physical, and aesthetic conditions found in MA-C, warrant
the above mentioned restrictions. There are approximately
10 known private residential structures existing in MA-C.
The imposition of this additional specific criteria for
docking structures, will not result in changes to these
existing structures. However, this criteria will require
new structural designs on future docks that may differ from
those currently in existence. The additional criteria on
dredging will minimize degradation of the preserve in
general, and will insure that boating usage be limited to
small horsepower engines and canoes. overall, this criteria
will provide for minimal development in a near pristine
area, thereby lessening the impact on resources, and still
allowing for private use and access to the water.

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CHAPTER V

SITE-SPECIFIC RESOURCE MANAGEMENT ISSUES AND NEEDS

The management of the Pellicer Creek Aquatic Preserve and
protection of its resources will be enhanced by continually
identifying specific management issues and program needs,, and
then resolving them.

The f irst part of this chapter deals with a few issues and
needs that are presently affecting the biological integrity
of the preserve, or which will probably arise as future
resource use intensifies. The second part of this chapter
establishes policy directives for these issues and future
needs. These policy directives are intended to provide
additional management guidelines that are not set forth by
Chapter 258 F.S., Chapter 18-20 F.A.C., or Chapter IV of this
plan.

overall, limited upland development and low usage of Pellicer
Creek has curtailed the amount of human-associated impacts on
the preserves natural resources. However, as population
increases, demands on these resources will become greater.
The development, of water front property bordering the preserve
is predicted for the future. As homes increase so will the
desire to gain access to the navigable creek channel through
the building of docks. This increase in human usage and
uplands development will most certainly include some
vegetation loss from the impact of docks, boats and other
structures. Water quality is also expected to degrade
resulting from an increase in stormwater runoff and septic
effluents, as forested uplands are developed into homes, and
similar facilities.

A. MANAGEMENT ISSUES AND SPECIAL NEEDS

1. BOAT/AIRBOAT TRAFFIC

while boating activities are not currently viewed as a problem
in Pellicer Creek, potential conflicts between motor boats,
canoes, fishermen, and crab traps may develop with increasing
public use of the preserve.

Part of Pellicer Creeks appeal is the high marsh vegetation
that towers over the narrow, windy creek channel, perpetuating
a feeling of isolation and wilderness. However, it also
creates a limited view of on coming boat traffic. The
aesthetic appeal of the area prompted the Department of
Natural Resources to designate Pellicer Creek as a state Canoe

Trail, promoting a passive, low-impact f orm of recreation. As
a result of this designation, several landowners bordering the
creek, have shown interest towards renting canoes to the
public. As canoeing activities increase possible conflicts
may result with powdr boat activity.'

Airboats are known to frequent the preserve, and due to their
high noise levels, they can present a negative impact on the
wildlife resources and visitor amenities. Airboat activity
also tends to cause damage to marsh vegetation, disturbs
feeding and nesting wildlifel and a creates a potential hazard
to canoeists and other boaters. For these reasons the use of
airboats in the preserve is recognized as non-traditional, and
their use will be discouraged. Future monitoring of the
frequency of airboat use along the preserve, and the resultant
impacts, will determine whether further action is needed on
this issue. If action is needed, the Trustees, through the
central office, will encourage local governments and
appropriate law enforcement agencies, to adopt local
ordinances and enforcement policies against airboats in the
preserve.

All boating activities will be monitored as growth increases
to determine additional policy directives, (see policy
directives 1-3).

2. ACQUISITION OF ADDITIONAL PROPERTY

The majority of adja cent uplands surrounding Pellicer Creek
are privately owned. These lands contain important resources
such as archaeological sites, endangered or threatened species
habitat, and freshwater wetlands. Efforts should be made to
acquire portions of these lands that border the - aquatic
preserve to form a linking corridor of public lands. This
land corridor would help to create a protective buffer for the
aquatic resources, prevent the development of sensitive areas,
maintain species viability and diversity, and allow the
removal of disruptive uses. State ownership through the
Conservation and Recreational Lands (CARL) acquisition
program, or local g6vernment ownership, Flagler County's
Environmentally Sensitive Lands acquisition program-, of these
upland properties would help to ensure compatible management
of all associated resources and to limit the possibility of
negative impacts on the aquatic preserve, (see policy
directive 4).

3. S3TAFFING/RESOURCE DATA/INFORMATION NEEDS

The implementation of this management plan is heavily
dependent on the placement of adequate staffing necessary to
obtain data and information about the aquatic preserve. Data
needs include compiling a thorough inventory of all preserve
resources, and monitoring these resources to document, the
health of the ecosystem, as well as, to assess the impacts of
development and human encroachment. Additional needs such as
mapping, ownership information, and the status of water
quality, is important to the management of the preserve.
Assistance may be obtained from state and federal agencies,
and universities conducting research programs, (see policy
directives 5-9).

4. COMPLIMENTARY MANAGE MENT WITH ADJACENT LAND USES

As previously mentioned, majority of the adjacent uplands
surrounding Pellicer Creek are privately owned. The
management practices conducted on these uplands can have a
direct and/or indirect impact on the resources within the
aquatic preserve. Therefore, the establishment of a
cooperative working relationship with major upland landowners
(such as ITT-Rayonier), would help to provide a complimentary.
structure of management practices that would benefit both the
uplands and submerged habitats. This same theory could also
be applied to the smaller, individual homeowners bordering the
creek by establishing a working rapport through the
presentation of educational programs, and participation in
local meetings involving land use decisions. (see policy
directive 10).

B. POLICY DIRECTIVES

The following is a list of suggested policy directives that
address additional resource management issues applicable to
the Pellicer Creek Aquatic Preserve. Adoption of these
policies will provide staff specific directions for addressing
those issues not covered directly by statute or rule.

(1) Promote boating safety by placing caution signs in
areas where visibility along creek bends is limited
and in shallow areas of the preserve.

(2) Protect existing salt marsh vegetation by restricting
air boats to open water areas of the preserve.

3) Encourage the development of local government
ordinances that will further restrict air boats usage
within the confines of the aquatic preserve as well as
other vulnerable or sensitive habitats outside the
preserve.

(4) Encourage acquisition, where feasible, privately owned
uplands adjacent and bordering the aquatic preserve,
through state or local government land acquisition
programs.

(5) Seek full-time staffing to the preserve as outlined in
Chapter VIII of this plan.

(6) Develop a resource inventory and map natural habitat
types within the aquatic preserve.

(7) Protect, and where possible, enhance habitats of
species threatened, endangered, and of special concern
within the aquatic preserve.

(8) Encourage, through the efforts of D.E.R. and the Water
Management District, the maintenance and upgrading of
the water quality, and ensure the natural seasonal flow
of freshwater and tidal fluctuations of saltwater into
thepreserve.

(9) Encourage the assistance of federal, state, and local
government agencies in implementing the aquatic
preserve management plan, especially in areas of
protection of natural and cultural resources and the
enforcement of applicable resource laws and ordinances.

(10) Develop a cooperative working relationship with
adjacent landowners to develop management criteria
conducive to both upland and submerged habitats.

CHAPTER VI

MANAGEMENT ACTION PLAN

The objective of this chapter is to establish guidelines that
allow for the management and protection of the aquatic
preserves natural resources for the benefit of future
generations (Section 258.35, F.S.).

Before an effective program can be designed to manage and
protect natural resources, it is necessary to recognize the
type of resources present, their location, function, and
importance. Additional efforts should concentrate on
identifying those activities or parameters that affect-these
resources, either positively or negatively. This information
will form the foundation from which action will be initiated
to manage and protect these resources. The strategies used in
managing an aquatic preserve must consist of a variety of
components such as resource management, resource protection,.
research, and environmental education.

In general, the management role of the aquatic preserve
program includes:

� providing information on the ecological functions and their
economic importance.

� overseeing activities that affect or could affect the
natural resources of preserve.

ensuring that accurate biological and physical information
is considered in permit-related issues arrd planning
decisions.

ensuring that q,11 statutes and rules regarding the preserves
natural resources are complied with and that violations are
enforced by appropriate authorities.

* conducting on-site surveys for specific activities.

* coordinating with other resource management and enforcement
agencies.

* educating the public on the inherent values associated with
natural resources.

* conducting or cooperating with other entities to conduct
pertinent research projects.

* developing a comprehensive management program that can be
periodically updated.

A. RESOURCE MANAGEMENT

The overall goals of resource management within aquatic
preserves are:

� conducting and maintaining resource inventories,

� assessing the impact of human activities on the resources,

� cooperating with other agencies in water quality
improvement.

GOAL A.1: Conduct and Maintain Resource Inventories

Objective A.1-1: To conduct and maintain a resource inventory
of submerged and emergent vegetation.

Task A.1.1.1: Conduct a detailed inventory of submerged
and emergent vegetation by using LANDSAT
imagery, aerial photography and. ground-
truthing efforts.

Task A.1.1.2: Conduct inventory once every two years.

Objective A.1.2: To conduct an inventory of all animal
spec-
ies, including designated species, and their habitats.

Task A.1.2.1: Conduct an inventory of all animal species,
with emphasis on designated species, that
feed, roost, loaf, breed, or nest in the
preserve, as well as their associated
habitats by -using data from existing
literature and current research studies.

Task A4,2.2: Conduct inventory once every two years.

GOAL A.2: Assess the Impact of Human Activities

Objective A.2.1:. To inventory and assess the effects of human
activities on the natural resources and possible needs for
restoration.

Task A.2.1.1: Conduct a survey of all structures and
activities in the preserve, to determine the
extent and relationship between, human impact
and the degradation of the natural resources.

Task A.2.1.2: Conduct inventory once every two years.

GOAL A.3: Coordinate With Other Agencies To Improve Water
Quali

Objective A.3.1: To coordinate with DER and water management
districts on improving water quality in the preserve.

Task A.3.1.1: Maintain a file, and periodically assess data
received f rom DER on water quality f or the
preserve. If water quality decline is
indicated, consult with DER to determine
sources of degradation and evaluate possible
actions to improve the water resources.

B. RESOURCE PROTECTION

In order to maintain the biological integrity of the aquatic
preserve, it is imperative to protect the resources that
comprise the system. The primary thrust of resource
protection is the protection of the various habitats that make
up the preserve. The goals of the aquatic preserve program
with regard to resource-protection therefore include:

� protection of existing submerged and emergent vegetation.

� protection of animal species, particularly designated
species, and their associated habitats.

GOAL B.1: Protection of Submerged and Emergent Vegetation

Objective B.1.1: To minimize potential damage to vegetation
through the review of applications for use of state-owned land
in the aquatic preserve.

Task B.1.1.1: Develop a standard format for surveying the
biological resources at the project site.
The report shall include the following
information:

a) location of the area surveyed, including
the majority of the potentially affected
area.

b) assessment of the submerged bottoms and
affected shorelines physical and
biological features.

C) the definition of Resource Protection
Area (RPA) will be used to determine if
significant resources exist within the
expected area of impact.

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

Task B.1.1.3: Coordinate with other appropriate agencies
that have regulatory authority for these
projects.

Objective B.1.2: To ensure that structures and projects that
have been built or are occurring have been authorized and are
in compliance with authorized conditions.

Task B.1.2.1: Report activities that do not appear to have
been authorized to the appropriate DNR
enforcement agent.

Task B.1.2.2: Coordinate with the appropriate DNR staff to
receive copies of all letters of consent,
easements agreements, lease agreements, and
other forms of authorizations.

Task B.1.2.3: Report variations from the authorized
conditions to the appropriate DNR enforcement
agent.

Task B.I.2.4: Coordinate with other appropriate agencies
that have regulatory authority for these
projects.

Objective B.1.3: To ensure other human uses of the preserve
do not degrade the submergent or emergent vegetation.

Task B.1.3.1: Seek to establish local government ordinances
that will serve to further protect the
vegetative resources.

GOAL B.2: Protection of Animal Species, Particularly
Designated Species, and their Associated Habitats

Objective B.2.1: To comply with objective C.2.1 through the
implementatio f Tasks C.2.1.1 and c.2.1.2.

Objective B.2.2: To ensure that these habitats are given
maximum protection through the permit-review process.

Task B.2.2.1: Recommend modifications to proposed projects
in order to take into account known habitat
of designated species whether that habitat
is on the adjacent upland or over state-owned
submerged land.

C. RESEARCH

The effective management of any biological system relies
almost entirely on information relating how a system
functions. Research is the foundation upon which this
information is based. The goals of the research program for
the aquatic preserves program is primarily geared towards
applied research, rather than toward basic or theoretical
research. The goals of the research program are:

� to gain a better understanding of what factors are essential
to the continued biological integrity of the major habitats
within the aquatic preserve,

� to gain a better understanding of what factors govern the
continued survival and propagation of designated species
that use the aquatic preserve for any portion of their life
cycle.

GOAL C.1: Integrity of Major Habitats

Objective C.1.1: To determine the primary factors that affect
the survival of species associated with salt marshes and tidal
flats.

Task C.1.1.1: Pursue, information search by examining
existing literature and any current research
studies.

Task C.1.1.2: Assess the need for research on the major
habitat types within the preserve.

Task C.1.1.3: Encourage researchers to conduct studies in
the preserve that will benefit the overall
management of the resources.

GOAL C.2: Survival and Propagation of Designated Species

Objective C.2.1: To determine which portions of the preserve
serve as habitat for designated species.

Task C.2.1.1: Coordinate with the Game and Fresh Water Fish
Commission, the U.S. Fish and Wildlife
Service, the Audubon Society, and any other
relevant group to determine which designated
species use what portion of the aquatic
preserve for various aspects of their lif e
cycle.

Task C.2.1.2: Establish a system of seasonal monitoring
sites to determine the preserves use by
designated species, particularly by birds.

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

Task C.2.2.1: Promote and, whenever feasible, participate
in research on the factors that affect the
continued survival of manatees.

Task C.2.2.2: Coordinate with and, if necessary, lend
assistance on a local level to the Division
of Marine Resources manatee-related research
program.

D. EMIRONMENTAL EDUCATION

Unless the public knows the importance and value of a
resource, it cannot be expected to use that resource wisely.
The'integrity of the salt marsh system is a resource that can
have both direct and indirect impacts on the public's
enjoyment of the aquatic preserve. Without a biologically
"healthy" aquatic system, water quality will deteriorate,
fisheries will fail due to loss of habitat, and many species
of wading birds will disappear. one of the primary aims of
the aquatic preserve program, therefore, is to educate the
public as to the importance of the factors that affect the
integrity of the preserve. The public may include students;
waterfront property owners; user groups, such as developers
and marine contractors; special interest groups, such as
Audubon and boating clubs; and local, regional and state
government agencies that are involved in making decisions
regarding the aquatic preserve.

The overall goal of the environmental education element is to
instruct individuals as to the importance of preserving our
natural resources so that they may consider all issues prior
to making decisions that affect these resources. In general,
the intent of this element is to educate the public and make
them responsible users of the preserve.

GOAL D.1: Public Education Toward Wise Resource Use

Objective D.1.1: To establish and conduct environmental
educational programs for public and private schools and to
provide assistance to other educational centers and
organizations.

Task D.1.1.1: Notify the county school boards on the
aquatic preserves program education efforts
and the availability of its staff to assist
or provide guidance for educational programs.

Task D.1.1.2: Coordinate with and assist local educational
centers and other facilities, (such as
Marineland and Faver-Dykes State Park)', on
their interpretive programs.

Task D.1.1.3: Provide off-site classroom instruction and
field trips to the aquatic preserve, for the
schools and any interested parties.

Task D.1.1.4: Target educational programs towards audiences
that will have the greatest potential impact
on aquatic resources (e.g., boating clubs,
homeowners associations, developers, etc.)..

Task D.1.1.5: Conduct or assist in informal seminars,
classes, or workshops for public discussion
of the current resource management issues,
resource utilization, and regulatory
activities. Public forums such as these
should involve private and public resource
users.

Objective D.1.2: To produce educational literature and
materials that inform the public of the preserves natural
resources and the importance of preserving and protecting
these resources.

Task D.1.2.1: Set up educational display at Faver-Dykes
State Park distributing brochures and other
educational materials about the preserve.

Task D.1.2.2: Maintain and expand a specimen collection of
species commonly found in the aquatic
preserve. This collection is to be used by
public and private schools in their
educational programs.

Task D.1.2.3: Develop brochures, pamphlets, and/or booklets
that describes to the public both the purpose
of and activities conducted by aquatic
preserve field staff, and also presents
general information on the preserve's
ecosystem.

Task D.1.2.4: Develop at the field office a reference
library of material relevant to the areas
natural resources.

Task D.1.2.5: Submit newspaper articles and radio
announcements designed to educate the general
public about the ecological functions and
economic importance of the natural resources
within the preserve. This approach may be
the vehicle with which to disseminate the
f indings of recent research ef f orts to the
public.

Objective D.1.3: To provide informal workshops to instruct
other enviromnental educators of the preserves natural
resources.

Task D.1.3.1: Schedule biannual instructional workshops
designed to teach other environmental
educators.

Task D.1.3.2: Participate in environmental education
conferences and seminars to further increase
teaching skills, and to become familiar with
other education programs.

CHAPTER VII

MANAGEMENT COORDINATION NETWORK

This chapter presents a general overview of the various
federal, state, regional, and local agencies that regulate or
hold any interest in the management or use of the Pellicer
Creek Aquatic Preserve. A breakdown of specific jurisdictions
is presented in Table 2. one of the goals and objectives of
the aquatic preserve program is to coordinate with these
agencies to achieve their common goals relevant to aquatic
preserve management.

A. FEDERAL AGENCIES
A number of federal agencies have property intere'sts, land and
wildlife management programs, research activities,
construction activities, and regulation programs that deal
either directly or indirectly with the aquatic preserves.

U.S. Fish and Wildlife Service (USEVS)
Reviews dredge and fill projects, and is charged with the
protection and recovery of endangered species and bird
rookeries.

U.S. Army Corps of Engineers (COE)
Protects navigable waters, reviews dredge and fill projects,
abates pollution, maintains water quality, and enhances fish
and wildlife.

U.S. Geological Survey (USGS)
Performs surveys and research pertaining to topography
geology, and the mineral and water resources, and collects and
publishes water resources data.

U.S. Environmental Protection Agency (EPA)
Responsible for pollution control and abatement, including:
air, water, noise, solid waste, toxic waste, and radiation.

U.S. Coast Guard (USCG)
Regulates boating safety, operates search and rescue missions;
surveillance of narcotics contraband. USCG also regulates
construction of bridges, causeways, and aerial utilities that
may pose navigation hazards.

National Marine Fisheries Service (NMFS)
Under the U.S. Department of Commerce records commercial fish
landings, enforces national fishery laws, and protects vital
fishery habitats.

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In accordance with the federal consistency review process the
Bureau of Aquatic Preserves reviews the federal programs and
activities as to how they affect the objectives of the aquatic
preserve management program. This review is coordinated
through the Florida Department of Environmental Regulation's
office of Coastal Management in order to enforce the
provisions of the Federal Coastal Zone Management Act of 1972,
as amended.

B. STATE AGENCIES

Many state agencies have property interests, land and wildlife
management programs, research activities, regulatory authority
and construction activities within the preserve.
Additionally, DNR administers other programs which may affect
the resources and watersheds of the preserve.

Department of Natural Resources (DNR)
The Division of Marine Resources has several programs
beneficial to aquatic preserves. The Marine Research
Laboratory in St. Petersburg has several projects including
resource protection area mapping, a survey of the status of
oyster bars, and fishery habitat utilization studies which
generate valuable resource management information. They also
administer a permitting program for the collection of certain
marine species and the use of certain chemicals. The Aquatic
Preserve Program receives notification of issuance of permits
within the preserve. Marine Resources also conducts a variety
of research projects, including those aimed at manatee and
marine-turtle ptotection.

The Division of Law Enforcement's Marine Patrol enforces
statutes relating to marine resources, fishery management
laws, boating safety, vessel titling/registration and illegal
narcotics.

The Division of State Lands, in addition to the work related
to aquatic preserves, is charged with overseeing uses, sales,
leases, or transfers of all state-owned lands. The aquatic
preserve staff interact with other staff of State Lands in all
transactions concerning submerged lands within the preserve
including acquisition of privately titled submerged lands or
contiguous uplands important to the integrity of the preserve.

The Division of Resource Management is responsible for the
management of aquatic plants, mineral resources, oil and gas'
exploration, and geologic studies. It also supervises state
Navigation Districts and Canal Authority.

The Division of Beach and Shores is responsible for managing
erosion control, hurricane protection, coastal flood control,
shoreline and offshore rehabilitation, and the regulation of

work and activities likely to af f ect the physical condition of
the beach and shore (Chapter 161, F.S.).

The Division of Recreation and Parks oversees operations at
the Faver-Dykes State Park. Since the principle functions of
research, education, and resource management are closely
compatible with the aquatic preserve and they are co-located,
the programs will be closely integrated.

Marine Fisheries Commission WC)
The Marine Fisheries Commission manages marine life by
regulating the harvesting of all marine life except designated
species. Their authority covers gear specifications,
prohibited gear, bag limits, size limits, species that may not
be sold, protected species, closed areas, quality control
codes, harvesting seasons, special considerations related to
egg-bearing females, and oyster and clam relaying. The MFC is
required to make annual recommendations to the Governor and
Cabinet regarding marine fisheries research priorities, which
can in turn directly influence research efforts and priorities
at the preserve.

Florida Game and Fresh Water Fish Commission (FGFWFC)
The Florida Game and Fresh Water Fish Commission has several
programs directly related to resource management. The Office
of Environmental Services (with.staff in Tallahassee) reviews
projects which may affect local fish and wildlife habitat.
FGFWFC is the state coordinator of the Non-Game Wildlife and
Endangered Species Program in Florida. The Division of
Wildlife is also responsible for designating Critical Wildlife
Managertent Areas to protect designated species. And, the
FGFWFC has law enforcement officers working area.

Department of Environmental 'Regulation (DER)
The Department of Environmental Regulation is responsible for
regulating air, water, noise, wastewater, stormwater, and
hazardous waste pollution through a permitting and
certification process. DER also serves as the state contact
for the initiation of dredge and fill applications in
conjunction with the COE and DNR. The permitting process is
a key management tool for the protection of the preserve.

The DER also oversees the Outstanding Florida Waters program
and enforces water quality regulations for the State. As an
aquatic preserve, Pellicer Creek was automatically designated
an Outstanding Florida Water. Through this designation,
ambient conditions become the water quality standard for the
preserve, thereby providing a legal means of preventing any
degradation to the preserve's water quality.

The DER Office of Coastal Management is charged with
coordinating activities related to coastal management and
reviewing federal actions for consistency with the State

Coastal Management Program. The Office of Coastal Management
also awards grants for research and management planning.

Department of Canmnmity Affairs (DCA)
The Department of Community Af fairs reviews Developments of
Regional Impact (DRI), designates Areas of Critical State
Concern (ACSC), and approves comprehensive plans. The DRIs
involve major developments that have impacts on a larger'area
than is covered by just one county, and they involve a
regional review from neighboring local governments and from
state agencies. The ACSC program is intended to protect the
areas of the state where development has endangered or may
endanger resources of regional or statewide significance.
Under an ACSC designation, the local governments are required
to notify the DCA of any application for a development permit.
The entire land development process will require the state's
supervision until that local government modifies its land
development practices to conform to the ACSC requirements.
With regard to comprehensive plans, once local plans have been
determined by the regional planning council to be consistent
with-the regional plan, the DCA reviews them to ensure their
consistency with the state comprehensive plan. Two elements
that bear most directly on the aquatic preserve program are
the Coastal Zone Management Element and the Conservation
Element.

Department of Transportation (DOT)
The Department of Transportation is involved with aquatic
preserves in that they maintain many of the highways, bridges,
and causeways that abut and span the preserves.

Department of State (DHR)
The Department of State, Division of Historical Resources has
responsibility for protecting archaeological and historical
sites.

Department of Health and Rehabilitative Services (HRS)
The Department of Health and Rehabilitative Services
administers septic tank and mosquito control programs at a
state level. Proper installation and maintenance of septic
tank systems in the watersheds of the preserve is essential
to the protection of estuarine water quality.

Although mosquito control serves a useful public function, the
effects of pesticides in the waters of the preserve can be a
primary concern. DNR staff are involved in the management
programs developed by the Florida Coordinating Council on
Mosquito Control, and subsequent policy recommendations
resulting from this group will be evaluated for their
potential effects on the aquatic preserve.

Executive office of the Governor
The office of Planning and Budgeting of the Excecutive Office
of the Governor, in conjunction with the DER's Coastal Zone
Management Section, is responsible for administering project
reviews applicable to Florida's Coastal Management Program
Federal Consistency evaluation process. This process includes
all projects in the state that involve federal permitting,
federal assistance or direct federal activities. Each project
must undergo this additional review to determine if the
project is consistent with established programs, policies and
rules of the state. This includes projects affecting
resources in aquatic preserves.

C. REGIONAL AGENCIES

In addition to state and federal agencies, two regional
agencies have a major role in the use and management of the
preserve: These organizations conduct activities that are on
a broader scale than are those of the local governments, but
they are on a smaller scale than the state level. They are
the St. Johns River Water Management District and the
Northeast Regional Planning Council.

St. John River.Water Management District (SJRWMD)
The Florida Water Management District administers permitting
programs for consumptive water use, management and storage of
surface water well drilling and operation, regulation of
artificial recharge facilities, and works of the district.
This includes withdrawal of water from rivers, streams, and
wells. The types of water uses permitted by the SJRWMD which
could affect the preserve include irrigation and public water
supply. The water management district is also involved in
various studies on water supply and management that may be of
use to the preserve.

Northeast Florida Regional Planning Council (NEFRPC)
The Northeast Florida Regional Planning Council serves as a
regional planning body for the local government of St. John
and Flagler County. Among its duties are: aids local
governments with planning expertise; is the regional
representative for the DRI review process; serves as a
regional clearinghouse for state and federal projects and
programs; conveys information from the local governments to
the state and federal levels; assists local governments in
getting grant aids; and prepares and administers the Regional
Policy Plan.

The DRI review of projects which affect the preserve will be
reviewed by both the central office staff and field personnel.
DRI's for marinas or subdivisions adjacent to the preserve,
and commercial or industrial developments will be reviewed
closely for their potential impact on the preserve.

D. LOCAL GOVERNMENTS/INTEREST GROUPS

Local governments are the incorporated cities and counties
that border the preserve. Flagler County borders Pellicer
Creek on the south and St. Johns County forms the boundry on
the north. outside the eastern boundary is the town of
Marineland, which is essentially composed of a marine tourist
attraction. No other incorporated areas lie adjacent or
within the preserve boundaries.

Flagler County's Environmentally Sensitive Land Aquistion
Program, owns and manages approximately 1,000 acres in Flagler
County. There is currently a proposal to buy 50 acres or more
along Pellicer Creek, for recreational activities such as,
canoeing, hiking and picnicing.

Field personnel are the liaison with local governments, and
they will provide input into modifications of local government
policies and practices to insure conformance with the
objectives of the aquatic preserve management plan.

Relationship to Local Management Plans
Local (municipal and county) governments are required by the
Local Government Comprehensive Planning Act of 1975 (Section
163.3161, F.S.), (as amended by Chapter 85-55, Laws of
Floridal to the Local Government Comprehensive Planning and
Land Development Regulation Act) to have a comprehensive
management plan with elements relating to different
governmental functions (i.e., housing, physical facilities,
conservation, land use, coastal zone protection, etc. ) . These
plans, in ef f ect, are intended to guide the f uture development
of the city or county. Recent statutory amendments require
these plans to be updated and f or cities and counties to adopt
land development regulations and to improve coastal management
protection. The coastal management element of the LGCP, along
with the land useand conservation elements, establishes long
range plans for orderly, and balanced development, with
particular attention to the identification and protection of
environmental resources in the planning area. Conformance
with the criteria, policies, and practices of a local
government comprehensive plan is required for all development
within the local government jurisdiction.

The intent of the aquatic preserve management program, and
this plan, is to guide county governments during their
planning process, towards developing local plan criteria and
standards that will be consistent with the objectives of the
aquatic preserve program. Although, both Flagler and St.
Johns County LGCP's are not due for review until early 1990,
draf t copies of the conservation, and coastal elements have
been reviewed. Listed in Appendix 'B are specific policies
from these co 'unty plans, which are applicable to the
management of the Pellicer Creek Aquatic Preserve.

Private Interest Groups and Public
Effective management of the preserve will be enhanced by
continued support from organized groups, associations, and
individuals. Citizen support organizations are particularly
valuable through the provision of technical, non-technical,
and financial assistance. The administrative and field staff
will actively solicit the organization of and participation
from citizen support organizations at this aquatic preserve.

The relationship of non-governmental entities to the preserve
will include the coordination of activities such as scientific
research, environmental education, and other activities
relating 'to the protection, management or improved
understanding of the preserve. Field staff will be active in
communicating with the above groups.

CHAPTER VIII

STAFFING AND FISCAL NEEDS

Historically, the aquatic preserves management program has
been largely dependent on federal coastal zone grant funds for
its operation, and as a result, the funding of both field
positions and central office positions has been limited.

In order for the Pellicer Creek Aquatic Preserve to be managed
in accordance to the goals, objectives and tasks, set forth in
this plan, adequate funding, staffing and equipment is
essential. Currently, there is no legislative funding for
staffing at the four aquatic preserves located in northeast
Florida (Ft. Clinch, Nassau River-St. Johns River Marshes,
Guana River, Pellicer Creek). It is anticipated that one
field office with at least two full time employees would be
able to provide adequate staffing to cover these four
preserves. An annual review of the accomplishments of the
program relative to the tasks listed in Chapter VI will help
to determine if the initial staffing estimate is adequate to
meet the legislative intent of the program.

A budget covering.projected staff time, equipment, travel and
other expenses for this area, which would include Pellicer
Creek Aquatic Preserve, is found in Table 3. The budget is
required to fulfill the short range needs of the preserve as
described in this management plan, and accomplish the
Department goal of on-site management for all aquatic
preserves by 1991, as expressed in the Agency Functional Plan.

TABLE 3

ANTICIPATED BUDGET FOR THE FIRST TWO YEARS FOR PELLICER, CREEK
AND OTHER LOCALLY ASSOCIATED A97JATIC PRESERVES

SALARY lst YEAR 2nd YEAR

ES II (with benefits) $ 30,874 $ 32,240
ES I (with benefits) 25,754 26,784
Secretary (with benefits) 15,745 16,375

Subtotal .................$ 72,373 $ 75,399

OPERATING CAPITAL OUTLAY

Vehicle $ 15,000
161 Boat/motor/trailer 12,000
office Equipment 3,500
Computer f-,600

Subtotal .................$ 33,100

OPERATING EXPENSES

office Rent/Gas/Phone $ 191000* $ 21,000

TOTAL COST $ 124,473 $ 96,399

CHAPTER IX

RESOURCE AND ACTIVITY MONITORING PROGRA14

To ensure that this management plan is effectively
implemented, on-site staffing is imperative. The position of
a preserve manager will be necessary in order to institute
programs targeted at (1) monitoring changes in the natural
resources, (2) recording use activities, and (3) tracking
progress and accomplishments that are directed at retaining
the original integrity and value of the preserve.

A. RESOURCE MONITORING

As earlier stated in this report, very little information on
the Pellicer Creek Aquatic Preserve or its natural resources
has been- recorded. Therefore, a complete and thorough
inventory of all resources needs to be compiled before an
effective monitoring program can be installed.

To monitor changes in the natural resources, a regional
geographic information system (GIS) is highly recommended. A
GIS is a computer-based system that is used to capture, edit,
display, and analyze geographic information. The first GIS
programs were developed about 20 years ago to manage large
collections of natural resource and environmental information.
Since their development, they have been used in other areas
such as utilities mapping, inventory management, and land use
planning; however, their most important function continues to
be natural resource management.

B. ACTIVITY MONITORING

@s human interaction in and around the aquatic preserve
increases, additional pressures are to be expected in the form
of recreational and development activities. Monitoring the
type of use activities and their compatibility, their
frequency of occurrence, as well as proven and expected
detrimental effects on the preserves natural resources, will
provide a foundation in developing any additional future plan
amendments and restrictions aimed at protecting these
resources.

C. ACCOMPLISHMENTS AND PROGRESS MONITORING

The tracking and reporting of staff accomplishments and
progress is vital to a programs success. Sharing this
information with other agencies, will help develop a team

approach to problem solving and implementing management
strategies.

The compilation of the above monitoring programs will be
directed to the central office in Tallahassee in the form of
a field office annual report. This information will then go
into the development of a state-wide status report on the
Aquatic Preserve Management Program focusing on resource
deterioration, compatible and non-compatible use activities,
and appropriate management strategies.

The field office annual report should detail the following
information:

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

a. Through the use of the resource inventories (and
wherever feasible the GIS system), document the
present status and stability of each resource
(e.g., vegetation/species loss or gain).

b. Present the number of structures/activities
started or completed, breaking them down into:
l') authorized projects (e.g., single-family
docks),
2) unauthorized projects, or
3) authorized projects started or completed that
did not comply with the original
authorization.

2. The status of accomplished/unaccomplished tasks as
listed in Chapter VI.

a. Each task will be listed, and the activities
completed toward that task will be detailed. If
the task has not been completed, an explanation
will be given. If the explanation was due to
insuf f icient f unding/staf f ing, then this f act will
be detailed so that an update of Chapter VIII can
be made.

REFFJWCES

Bagur, J.D. 1977. Coastal Marsh Productivity: A Bibliography.
U.S. -Fish Wildlife Service, Office Biological Services,
Washington, D.C. FWS/OBS-77/3. 300pp.

Bermes, B.J., G.W. Leve and G.R. Tarver. 1963. Geology and
Ground Water Resources of Flagler, Putnum, and St. Johns
Counties, Florida. Report of Investigations No. 32. Florida
Geological Survey, Tallahassee. 97pp.

Brown, T. Mark and Joseph M. Schaefer. 1987. Buffer Zones for
Water, Wetlands, and Wildlife. Center for Wetland, University
of Florida, Gainesville.

Bureau of Archaeological Research. Recorded Historical and
Prehistorical Sites and their Distribution. Department of
State, Florida.

Comprehensive Land Use Plan. 1978. Palm Coast, Flagler County,
Florida. .

Conservation and Recreation Lands. i989. Annual Report of the
Conservation and Recreation Lands Program by the Land
Acquisition Selection Committee, Liaison Staff, and Division
of State Lands. 431pp.

Daiber, C. Franklin. 1982. Animals of the Tidal Marsh. Van
Nostrand Reinhold Company, N.Y. 422pp.

Department of Environmental Regulation. 1988. Florida Water
Quality Assessment. 305(b) Technical Appendix. 289pp.

Durako, J. Michael, Michael D. Murphy, and Denneth D. Haddad.
1988. Assessment of Fisheries Habitat: Northeast Florida.
Florida Marine Research Publication, Number 45. Florida
Department of Natural Resources, Bureau of Marine Research,
St. Petersburg. 51pp.

-Flagler County Planning Department. 1987 & 1988. Draft,
Flagler County Comprehensive Plan. Florida.

Florida Department of Natural Resources. 1988. Faver-Dykes
State Park, Resource Management Component. 43pp.

Guide to the Natural Communities of Florida, Appendix IV.
1986. Florida Natural Areas Inventory and Division of State
Lands, Tallahassee, Florida. 155pp.

Northeast Florida Regional Planning Council. 1982. Regional
Development Guide for Northeast Florida. Jacksonville,
Florida. 64pp.

National Oceanic and Atmospheric Administration. 1982. Local
Climatological Data, Annual summary with comparative data
1982, Jacksonville, Florida. National Oceanic and Atmospheric
Adminstration, Asheville, North Carolina.

Princess Place Project Assessment/Recommendations for Project
Design. 1988. Division of State Lands, Department of Natural
Resources, Tallahassee, Florida. 9pp.

Readle, E.L. 1983. Soil Survey of St. Johns County, Florida.
Soil Conservation Service. U.S. Department of Agriculture.
196pp.

Seaman, Jr. William. 1985. Florida Aquatic Habitat and Fishery
Resources. Florida Chapter of American Fisheries Society.
Gainesville, Florida.-153pp.

Snell, L.J. and Warren Anderson. 1970. Water Resources of
Northeast Florida. Report of Investigation No.54. Florida
Department of Natural Resources, Bureau of Geology,
Tallahassee. 77pp.

St. Johns Planning Department..1988. Draft, St. Johns County
*Comprehensive Plan. Florida.

Twenty six Ecological Communities of Florida. 1987. Soil and
Water Conservation Society. Gainesville, Florida. 145pp.

White, A. William. 1970. The Geomorphology of the Florida
Peninsula. Geological Bulletin No. 51. Florida Department of
Natural Resources, Bureau of Geology. Tallahassee, Florida.

Westlake, D.F. 1965. Comparisons of Plant Productivity. Biol.
Rev. 30:385-525.

APPENDIX A

Relevant Legislation (R. 3/87)
V. 9, p. 692-20 1820.002

CHAPTER 18-20 (c) To coordinate with federal, state, and local
FLORIDA AUATIC PRESERVES agencies to aid in carrying out the intent of the
18-20.001 Intent. Legislature in creating the preserves;
18-20.002 Boundaries and Scope of the (d) To use applicable federal, state, and local
Preserves. management programs, which are compatible with
the intent and provisions of the act and these rules,
18-20.003 Definitions. and in assist in managing the preserves;
18-20.004 Management Policies, Standards (c) To encourage the protection, enhancement
and Criteria. or restoration of the biological, aesthetic, or
18-20.005 Uses, Sales, Leases, or Transfer of scientific values of the preserves, including but not
Interests in Lands, or Materials, limited to the modification of existing manmade
Held by the Board. (Repealed) conditions toward their natural condition, and
18-20.006 Cumulative Impacts. discourage activities which would degrade the
18-20.007 Protection of Riparian Rights. aesthetic, biological, or scientific values, or the
(Repealed) uality, or utility of a preserve, when reviewing
19-20.008 Inclusion of Lands, Title to Which
Is Not Vested in the Board, in a applications, or when developing and implementing
Preserve. management plans for the preserves;
18-20.009 Establishment or Expansion of (f) To preserve, promote, and utilize indigenous
Auatic Preserves. life forms and habitats, including but not limited to:
18-20.010 Exchange of Lands. sponges, soft coral, hard corals, submerged grasses,
mangroves, salt water marshes, fresh water
18-20.011 Gifts of Lands. marshes, mud flats, estuarine, aquatic, and marine
18-20.012 Protection of Indigenous Life reptiles, game and non-game fish species, estuarine,
Forms. aquatic and marine invertebrates, estuarine,
18-20.013 Development of Resource aquatic and marine mammals, birds, shellfish and
Inventories and Management mollusks;
Plans for Preserves. (g) To acuire additional title interests in lands
18-20.014 4Worcernent.. wherever such acuisitions would serve to protect or
18-20.015 Application Form. (Repealed) enhance the biological, aesthetic, or scientific values
18-20.016 Coordination with Other of the preserves;
Governmental Agencies. (h) To maintain Lhnse beneficial hydrologic and
18-20.017 Lake Jackson Auatic Preserve. biologic functions, the benefits of which accrue to
Librarv Reference Riparian rights to navigable waters the public at large.
I. Henry Dean. 55 Fla. BarJ. 247. 250 (Mar. 1981). (4) Nothing in thew rules shall serve to
18-20.00l Intent. eliminate or alter the reuirements or authority or
(1) All sovereignty lands within a preserve shall other governmental agencies, including counties
be managed primarily for the maintenance (if and municipalities, to protect or enhance the
essentially natural conditions, the propagation or preserves provided that such requirements or
fish and wildlife, and public recreation, including authority are not inconsistent with the act and this
hunting and fishing where deemed appropriate by chapter.
the board, and the managing agency. Soccific Authrority 120.52, 258-4320) 4FS. 1-7w
(2) The aquatic preserves which are described in impiernented 258.35,258.36.258.37,258.39,258.39.3 F.S.
Chapter 80-280 Laws or Florida. History-New 2-Z3-8 1,
73-534, Laws of Florida, Sections 258.39, Z58.391 p Amended 8-7-95, Formerely 16Q-20.01, Transferred from
258.392 and 258.393, Florida Statutes, future 160-20.001.
auatic preserves established pursuant to general or
special acts of the legislature, and in Rule 18-20.002 Boundaries and Scope of the
18-20.002 Florida Administrative Code, were Preserves.
establishccr for the purpose or being preserved in an (1) These rules Shall only apply to those
emntialiy natural or existing condition so that their sovereignty lands within a preserve, title to which is
aesthetic, biological and scientific values may vested in the board, and those nther lands for which
endure for the enjoyment of future generations. the board has an appropriate instrument in writing,
(3) The preserves shall be administered and executed by the owner, authorizing the inclusion of
managed in accordance with the following goals: specific lands in an auatic preserve pursuant to
(a) To preserve, protect, and enhance these Section 24(2) of Chapter 73-534, Laws of Florida,
exceptional areas of sovereignty submerged lands by Sections 2.588.40(4l) and 258.414(65), Florida Statutes,
reasonable regulation or human activity within the future aquatic preserves established through
preserves through the development and general or special acts of the legislature, and
implementation of a comprehensive management pursuant to Rule 128-20.008, Florida
program; Administrative Code. Anv publicly owned and
(b) To protect and enhance the waters of the maintained navigation channel authorized by the
preserves so that the public may continue to enjoy United States Congress, or other public works
the traditional recreational uses of those waters such project authorized by the United States Congress,
as swimming, boating, and fishing; designed to improve or maintain commerce and
navi2gauon shall be deemed to be excluded from the

(R. 318-1)
18-20.002 INTERNAL IMPROVEMENT TRUST FUND V. 9, p. 692-2P

provisions of this chapter, pursuant to Subsection 181, pages 363-366, and in the Official Records of
258.40(2), Florida Statutes. Furthermore, all lands Fiagier County in Book 33, pages 131-134.
lost by avulsion or by artificially induced erosion 4. Tomoka Marsh Aquatic Preserve, as
shall be deemed excluded from the provisions of this described in the Official Records of Flagier County
chapter pursuant to Subsection 258.40(3), Florida in Book 33. pages 135-138, and in the official
Statutes. Records of Voiusia County in Book 1244, pages
(2) Thew rules do not apply to Boca Ciega Bay, 615-618.
Pinellas County or Biscayne Bay Aquatic 5. Wckiva River Aquatic Preserve, as described
Preserves. in Section 258.3900). F.S.
(3) These rules are promulgated to clarify the 6. Mosquito Ldgotin Aquatic Preserve, as
responsibi li tics of the board in carrying out its land described in the Official Records of Volusia County
management functions as those functions apply in Book 1244, pages 619-623, and in the Official
within the preserves. Implementation and Records of Brevard County in Book 1143. pages
responsibility for environmental permitting or 190-194.
activities and water quality protection within the 7. Banana River Aquatic Preserve. as described
preserves are vested in the Department of in the Official Records of Brevard County in Book
Environmental Regulation. Since these rules are 1143, pages 195-198. less those lands dedicated to
considered cumulative with other rules, a person the U. S. A. prior it) the enactment of the act, until
planning an activity within the preserves should such time as the U. S. A. no longer wishes to
also consult the other applicable department rules maintain such lands for the purpose for which they
(Chapter 18-21, Florida Administrative Code, for were dedivaied, at which time such lands would
example) as well as the rules of the Department of revert to the board, and be managed as part of the
Environmental Regulation.- preserve.
(4) These rules shall not affect previous actions 8. Indian River - Malabar to Sebastian
of the board concerning 'the issuance of any Aquatic Preserve, as described in the Official
casement or Icas ; or any disclaimer concerning Records of Brevard Couniy in Book 1143. pages
sovereignty lands. 199-202, and in the Official Records (if Indian
(5) The intent and specific provisions exprcssed River County in Book 368, juiges 5-8.
in 18-20.001(c) and (r) apply generally to all 9. Indian River - 'Vcro Bcach to Fort Picrce
existing or future aquatic preserves within the scope Aquatic Preserve, as descrihed in the Official
of this chapter. Upon completion of a resource Records of Indian River County in Book 368, pages
inventory and approval of a management plan for a 9-12, and in the Official Records d St. Lucie
preserve, pursuant to 18-20.013, the type County in Book 187, pages 1083-1086.
designation and the resource sought to be preserved 10. Jensen Beach to Jupiter Inlet Aquatic
may be readdressed by the Board. Preserve, as described in the Official Records o(St.
(6) For the purpose of clarification and Lucie County in Book 218, pages 2865-2869.
interpretation, the legal description set forth as 11. North Fork, St. Lucie Aquatic Preserve, as
follows do not include any land which i& expressly described in the Official Records of Martin County
recognized as privately owned upland in a in Book 337, pages 2159-2162, and in the Official
pre-existing recorded mean high water line Records of St. Lucie Cou-nty in Book 201, pages
settlement agreement between the board and a 1676-1679.
private owner or owners. Provided, however, in 12- Loxahatchec River - Lake Worth Creek
those instances wherein a settlement agreement was Aquatic Preserve, as described in the Officiai
executed subsequent to the passage of the Florida Records of Martin County in Book 320, pages
Coastal Mapping AcL, the determimtIon of the 193-196, and in the Official Records or Palm Beach
mean high water line shall be in accordance with the County in Volume 1860, pages 806-809.
provisions of such act- 13. Biscayne Bay - Cape Florida to Monroe
(7) Persons inte. ted in obtaining details or County Line Aquatic Preserve, as described in the
particular preserves should contact the Bureau of Official Reccirds of Dade County in Book 7055,
State Lands Management., Department or Natural pages 852-856, less, however, those lands and
Resources, 3900 Commonwealth Blvd., waters as described in Section 258.165, F. S.,
Tallahassee, FL 3Z303 (telephone 904-488-21-97). (Biscayne Bay Aquatic Preserve Act of 1974), and
(a) The preserves are described as follows-, those lands and waters within the Biscaytic
1. Fort Clinch State Park AquaLic Presern, as National Park.
described in the Official Records or Nassau County 14. Lignumvitat Key Aquatic Preserve, as
in Book 108, pages 343-346, and in Book I 11, page described in the Official Records of Monroc County
409. in Book 502, pages 139-142.
2. Nassau River - SL. Johns River Marshes 15. Coupon Bight Aquatic Preserve, as
AquaLic Preserve, as described in the Official described in the Official Records of Monroc County
Records of Duval County in Volume 3183, pages in Book 502, pages 143-146.
547-552, and in the Official Records or Nassau 16. Cape Romano - Ten -housand Islands
County in Book 108, pages 232-237. Aquatic Preserve, as described in the Official
3. @ellicer Creek Aquatic Preserve, as described Records of Collier County in Book 381, pages
in the Official Records of St. Johns County in Book 298-301.

(R. 5197)
V. 9, p. 692-2Q FLORMA AQUATIC PRESERVES 18-20.003

17. Rookerv Bay Aquatic Preserve. as described negotiate an arrangement with any such private
in Section -'158.39(31), FS. upland owner by which such land may be Included
18. Esiern Bay Aquatic Preserve as described in in the preserve.
Section 258.39(28). Florida Statutes. 33. Terra Ccia Aquatic Preserve, as described in
19. Pine Island Sound Aquatic Preserve, as Section 258.393, Florida Statutes.
described in the Official Records of Lee County in 34. Future aquatic preserves established
Book 648, pages 732-736. pursuant to general or special acts of the lezisiature.
20. MaLlacha Pass Aquatic Preserve, as Specific Authority 120.53, 258.43(l) k.5. Low
described in the Official Records of Lare County in ImPiemented 258.39, 258.391, 258.392. 258.39.3, 258.40,
Book 800, pages 725-728. 258.41, 258.42. 258-43. 258-44, 258.45 FS. Historv-
21. Gasparilla Sound - Charlotte Harbor New 2-23-81, AmeMed 8-7-85, Formerly 16Q-20.02,
Aquatic Preserve, as described in Section 258.392, Transaferavd fmm 16Q-20-002.
F.S. 18-20.003 'Dermitions. When used in these
22. Cape Haze Aquatic Preservc,asdescribed in rules, the following words shall have the indicated
Section 258.39(29). F.S. meaning unless - the context clearly indicates
23. Cockroach Bay Aquatic Preserve, as otherwise:
described in Section 258.391, F-S. (1) -Act" means the provisions o(Section 258.35
24. St. Martins Marsh Aquatic Preserve, as through 258.46, F.S., the Florida Aquatic Preserve
described in the Official Records of Citrus County AcL
in Book 276, pages 238-241. (2) "Activity" means any project and such other
25. Alligator Harbor Aquatic Preserve, as human action within the preserve requiring board
described in the Official Records of Franklin approval for the use, sale, lease or transfer of
County in Volume 98, pages 82-85. interest in sovereignty lands or materials, or which
26. Apalachicola Bay Aquatic Preserve, as may require a license from the Department of
described in he Official Records of Gulf County in Environmental Regulation.
Book 46, pages 77-81, and in the Official Recordsof (3) 'Acsthetic values" means scenic
Franklin County in Volume 98, pages 102-106. characteristics or amenities of.the preserve in its
27. St. Joseph Bay Aquatic Preserve, as essentially natural state or condition, and the
described in the Official Records of Gulf County in maintenance thereof.
Book 46, pages 73-76. (4) "Applicant" means any person making
28. St. Andrews State Park Aquatic Preserve, as application for a permit., license, convevance of an
described in the Official Records or Bay County in inte, - in state owned lands or any other necessary
Book 379, pages 547-550. form of governmental approval in'order to perform
29. Rocky Bayou SL21C Park Aquatic Preserve, an activity within the preserve.
as described in the Ofricial Records of Okaiooisa (5) -B:mcficial biological functions" means
County in Book 593, pages 742-745. interactions between flora, fauna and physical or
30. Yellow River Marsh Aquatic Preserve, as chemical attributes of the environment., which
described in the Official Records of Santa Rosa provide benefits that accrue to the public at large,
County in Book 206, pages 568-571. including, but not limited to: nutrient., pesticide and
31. Fort Pickens State Park Aquatic Preserve. as heavy metal uptake; sediment retention; nutrient
described in the Official Records of Santa ROS2 conversion to biomass; nutrient recycling and
County in Book 220, pages 60-63, in the Official oxygenation_
Records or Escambia County in Book 518, pages (6) "Beneficial hydrological functions" means
659-662, less the lands dedicated to the U. S. A- for interactions between nora, fauna and physical
the establishment of the Gulf Wands National geological or geographical attributes of the
Seashore prior to the emetment of the am, until such environment, which provide benefits that accrue to
time as the U. S. A- no longer wishes to maintain the public at large, including, but not limited to:
such lands for the purpose for which they were remraiaLion of storm water flow; storm water
dedicated, at which time such lands would revert to retention; and water storage, and periodical release;
the board and be managed as part of the prcscr%,-- (7) "Biological values" means the preservation
32. For the purpose of this Section the and promotion of indigenous life forms and habitats
boundaries of the Lake Jackson Aquatic Preserve, including, but not limited to: sponges, soft corals,
shall be the body of water in Leon County known as hard corals, submerged grasses, mangroves,
Lake Jackson in Sections 1, 2, 3, 5. 10, 11 and 14, saltwater marshes, fresh water marshes, mud flats,
Township I North. Range 1 West and Sections 11, marine, estuarine, and aquatic reptiles, games and
12, 13, 14, 15, 21, 222, 23, 26, 27, 28, 29, 32, 33, 34, non-games fish species, marine, estuarine, and
and 35, Township 2 North, Range I West lying aquatic mammals, marine. estuarine, and aquatic
below the ordinary high water line. Such lands shall invertebrates, birds and shellfish.
include the submerged bottom lands and the water (8) "Board" means the Governor and Cabinet
column upon such lands, as well as all publicly sitting as the Board n( Trustees of the Internal
owned islands, within the boundaries or the Improvement Trust Fund.
preserve. Any privately held upland within the (9) "Channel" means a trench, the bottom or
boundaries (if the preserve shall be deemed to be which is normally covered entirely by water, with
excluded therefrom; provided that the Board may the upper edges or its sides norma'liy beiow water.

(R 3/87)
18-20.003 INTERNAL IMPROVEMENT TRUST FUND V.9, p 692-2R
(10) "Commercial, industrial and Other revenue (22) "Preserve" means any and all of those areas
generating/income related docks" means docking which are exceptional areas of sovereirgntv lands
facilities for an activity which produces income, and the associated water so designated in
through rental or any other means, or which serves Section 258.39. 258.391, and 258 392. F.S..
as an accessory facility to other rental, commercial including all sovereignty lands, title to which is
or industrial operations. It shall include. but not be vested in the board, and such other lands as the
limited to docking for. marinas, restaurants, hotels, board may acquire or approve for inclusion, and the
motels, commercial fishing, shipping, boat or ship water column over such lands. which have been set
construction. repair, and sales. aside to be maintained in an essentially natural or
(11) Department" means the State of Florida existing condition of indigenous flora and fauna and
Department of Natural Resources. as administrator their supporting habitat and the natural scenic
for the board. qualities and amenities thereof.
(12) "Division" means the Division of State (23) "Private residential single dock" means I
Lands, which performs all staff duties and functions dock which is used for private, recreational or
related to the administration of lands title to which leisure purposes. for a single family, residence.
is. or will be, vested in the board, pursuant to section cottage or other such single dwelling unit and which
253.002, F.S. is designed to moor no more than two boats.
(13) "Dock" means a fixed or floating structure. (24) " Private residential multi-slip dock" means
including moorings, used for the purpose (if a docking facility which is used- for private
berthing buoyant vessels either temporarily or recreational or leisure purposes for multi-unit
indefinitely. residential dwellings which shall include but is not
(14) "Essentially natural condition" means limited to condominiums, townhouses. subdivisions
those functions which support the continued and either such dwellings or residential areas and
existence or encourage the restoration of the diverse which is designed to moor three or more boats.
population of indigenous life forms and habitats it Yacht clubs associated with residential
the extent they existed prior to the significant developments, whose memberships or utiliization of
development adjacent to and within the preserve. the docking facility requires some real property
(15) "Extreme hardship" means a significant interest in the residential area, shall also be
burden, unique to the applicant and not shared by included.
property owners in the area. Self-imposed (25) "Public Interest" means demonstrable
circumstances caused to any degree by actions of any environmental, social, and economic benefits which
person subsequent to the enactment of the Act shall would accrue to the public at large as a result of a
not be construed as an extreme hardship. Extreme proposed action, and which would clearly exceed all
hardship under this act shall not be construerd to demonstratable environmental, social. and economic
include any hardship which arises in whole or in costs of the proposed action. In determining the
pan from the effect of other federal. state or local public interest in a request for use, sale, lease, or
law&, ordinances, rules or regulations. The term transfer (if interest in sovereignty lands or severance
may be inherent in public projects which are shown (it materials from sovereignty lands, the board shall
to be a public necessity. consider the ultimate project and purpose to be
(16) Fill" means materials from any source, served by said use, sale, lease. or transfer of lands or
deposited by any means onto sovereignty lands, materials.
either for the purpose of creating new uplands or for (26) "Public navigation project" means a project
any other purpose, including spoiling of dredged primarily for the purpose of navigation which is
materials. For the purpose of this rule, the authorized and funded by the United States
placement of pilings or riprap shall not be Congress or by port authorities as defined by
considered to be filling. Section 315.02(2). F.S.
(17) "Lease" means a conveyance of interest in (27) "Public necessity" means the works or
lands, title to which is vested in the board. granted In improvements required for the protection of the
accordance with specific terms set forth in writing. health and safety of the public, consistent with the
(18) Marina" means a small craft harbor Act and these rules, for which no other reasonable
complex used primarily for recreation. alternative exists.
(19) "Oil and gas transportation facilities" (28) "Public utilities" means those services,
means those structures necessary for the movement provided by persons regulated by the Public Service
of oil and gas from the production site to the Commission, or which are 'provided by rural
consumer. cooperatives. municipalities, or other governmental
(20) "Person" means individuals, minors, agencies, including electricity, telephone, public
partnerships, corporations, joint ventures, estates, water and wastewater services, and structures
trusts, syndicates, fiduciaries, firms. and all other necessary for the provision of these services.
associations and combinations, whether public or (29) "Quality of the preserve" means the degree
private, including governmental entities. (if the biological. aesthetic and scientific values of the
(21) "Pier" means a structure in, on, or over preserve necessary for present and future enjoyment
sovereignty lands, which is used by the public of it 'In an essentially natural condition.
primarily for fishing, swimming, or viewing the (30) "Resource management agreement" means
preserve. A pier shall not include a dock. a contractual agreement between the board and one

(R. 3/97)
V. 9, p. 692-2S FLORIDA AQUATIC PRESERVES 18-20.004

or more parties which does not create an interest in water and where the use of the water sovereignty
real property but merely authorizes conduct of lands is an integral part of the activity.
certain management activities on lands held by the Speciic Authority 258.43(1) F.S. Law implemented
board. 258.37,258.43(1) F.S. History New 2-25-81. Amended
(31) "Resource Protection Area (RPA) I" - 8.7-85. Formeriy 16Q-20-03. Transferrd from
Areas within the aquatic preserves which have 16Q.20-003.
resources of the highest quality and condition for 18-20.004 Management Policies, Standards
that area. These resources may include, but are not and Criteria. The following management policies,
limited to corals; marine grassbeds; mangrove standards and criteria are supplemental it) Chapter
swamps; salt-water marsh; oyster bars; 18-21, Florida Administrative Code (Sovereignty
archaeological and historical sites; endangered or Submerged Lands Management) and shall be
threatened species habitat; and, colonial water bird utilized in determining whether to approve,
nesting sites. approve with conditions or modifications or deny all
(32) "Resource Protection Area 2" - Arms requests for activities on sovereignty lands in
within the aquatic preserves which are in transition aquatic preserves.
with either declining resource protection area (1) GENERAL PROPRIETARY
resources or new pioneering resources within (a) In determining whether it) approve or deny
resource protection area 3. any request the Board will evaluate each on a
(33) "Resource Protection Area 3" - Areas case-by-case basis and weigh any factors relevant
within the aquatic preserve that are characterized under Chapter 253 and/or 258,'Florida Statutes.
by the absence of any significant natural resource The Board, acting as Trustees For all state-owned
attributes. lands, reserves the right to approve modify or request
(34) "Riparian rights" means those rights any proposal.
incident to lands bordering upon navigable waters, (b) There shall be no further sale, lease or
as recognized by the courts of this state and common transfer of sovereignty lands except when such sa1e,
law. lease or transfer is in 'the public interest (see Section
(35) "Sale" means a conveyance of interest in 18-20.004(2) Public Interest Assessment Criteria).
lands. by the board. for consideration. (c) Them shall be no construction of seawallis
(36) **Scientific values" means the preservation waterward (if the mean or ordinary high water 1ine,
and promotion of certain qualities or features which or filling waterward of the mean or ordinary high
have scientific significance water line except in the case of public road ;Ind
(37) "Shore protection structure" means a type bridge projects where no reasonable alternative
of coastal construction designed to minimize the rate exists
(if erosion. Coastal construction includes any work (d) There shall, in no case, be any dredging
or activity which is likely to have a material physical waterward of the mean or ordinary high water line
effect on existing coastal conditions or natural shore for the sole or primary purpose of 'providing fill for
processes. any area landward of the mean or ordinary high
(38) Sovereignty lands" means thaw Ian
water line.
including, but not limited to: tidal lands, islands, (e) A lease, casement or consent of use may be
sandbars, shallow banks, and lands waterward of authorized only for the following activities:
the ordinary or mean highwater line, to which the 1. a public navigation project;
State of Florida acquired title on March 3, 1845, by 2.maintance of an existing navigational

virtue of statehood. and of which it has not since channel;
divested its title interest.. For the purposes of this 3. installation or maintenance of approved
rule sovereignty lands shall include all Submerged navigational aids;
lands within the boundaries of the preserve, title to 4. creation or maintenance of
which is held by the board- commercial/industrial dock, pier or a marina;
(39) "Spoii" means materials dredged from 5. creation or maintenance of private docks for
sovereignty lands which are redeposited or reasonable ingress and egress of riparian owners-,
discarded by any means, onto either sovereignty 6. minimum dredging for navigation channels
lands or uplands. attendant to docking facilities;
(40) "Transfer" means the act of the board by 7. creation or maintenance of a shore protection
which any interest in lands, including easements structure;
other than sale or lease, is conveyed. 8. installation or maintenance of oil and gas
(41) "Utility of the preserve" means fitness of transportation facilities;
the preserve for the present and future enjoyment of 9. creation, maintenance, replacement or
its biological, aesthetic and scientific values, in an expansion of facilities required for the provision of
essentially natural condition. public utilities; and
(42) "Water dependent activity" means an 10. other activities which are a public necessity
activity which can only be conducted on, in, over, or
or which are necessary to enhance the- quality or
adjacent to, water areas because the activity utility of the preserve and which are consistent 'with
requires direct air to the water body or the act and this chapter.
Sovereignty lands for transportation, recreation, (f) For activities listed in paragraphs
energy production or transmission, or source of 18-20.004(1)(e)1.-10. above, the activity shall be

(R. 3197)
18-20.004 IN'TERNAL IMPROVEMENT TRUST FUND V. 9, P. 692-ZT

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

M -9/88)
V. 9, p. 692-2U FLORMA AQUAMC PRESERVES 18-20.004

structures shall be constructed and located in a 3. the dock will extend out from the shorelinc'fw)
manner that will cause minimal disturbance to further than to a maximum depth of minus four
submerged land resources such as oyster bars and - 4) fez (mean low water);
submerged grass beds and do not interfere with 4. when the water depth is minus four 4) feet
traditional public uses. (mean low water) at an existing bulkhead the
W Spoil disposal within the preserves shall be maximum dock length from (he bulkhead shall be
strongly discouraged and may be approved only 25 feet, subiect to modifications accommodating
where the applicant has demonstrated that there is shoreline vegetation overhang;
no other reasonable alternative and that activity S. wave break devices, when necessary, shall be
may be beneficial to, or at a minimum, not harmful designed to allow for maximum water circulation
to the quality and utility of the preserve. and shall be built in such a manner as to be part of
(4) RIPARIAN RIGHTS the dock structure;
(a) None of the provisions or this rule shall be 6. terminal platform size shall be no more than
implemented in a manner that would unreasonably 160 square feet; and
infringe upon the traditional, common law and 7. dredging to obtain navigable water depths in
statutory riparian rights of upland riparian conjunction with private residential, single dock
property owners adpcent io sovereignty lands. applications is strongly discouraged.
(b) The evaluation and determination of the (c) Private residential multi-slip docks shall
reasonable riparian rights of ingress and egress for conform to the following specific design standards
private, residential multi-slip docks shall be based and criteria:
upon the numberor lincae feet of riparian shoreline. 1. the area or sovereignty, submerged land
(c) For the purposes or this rule, a private, preempted by the docking facility shall not exceed
residential, single docking facility which meets all the square footage amounting to ten times the
the requirements of Rule 19-20.004(5) shall be riparian waterfront footage of the affected
deemed to meet the public interest requirements or waterboidy of the applicant, or the square footage
Rule 18-20.004(l)(b), Florida Administrative attendant to providing a single dock in accordance
Code. However, the applicants for such docking with the criteria for private residential single docks,
facilities must apply for such consent and must meet whichever is greater. A conservation casement or
all of the requirements and standards of this rule other such use restriction acceptable to the &-%ard
chapter. must be placed on the riparian shoreline. used for
(5) STANDARDS AND CRITERIA FOR the calculation of the 10: 1 threshold, to conserve and
DOCKING FACILITIES pmtect shoreline resources and subordinate/waive
(a) All docking facilities, whether for a single or any further riparian rights or ingress and egress for
muiti-slip residential or commercial, shall be additional docking facilities;
subject to the following standards and criteria: 2. docking facilities and access channels shall be
1. no dock shall extend waterward or the mcan prohibited in Resource Protection Area I or 2,
or ordinary high water line mcirc than 500 feet or 20 except as allowed pursuant to Section
percent of the width of the waterbody at that 258.42(3)(c) L, Florida Statutes, while dredging in
particular location whichever is less; Resource Protection Area 3 shall be strongly
2. certain docks may fall within areas of special discouraged;
or unique importance. These areas may be or 3. docking facilities shall only be approved in
significant biological, scientific, historic and/or locations having adequate existing water depths in
aesthetic value and require special management the boat mooring. turning basin, access channels,
considerations. Modifications may be more and other such areas which will accommodate the
restrictive than the normally accepted criteria. Such proposed boat use in order to insure that a minimum
modifications shall be determined on a case-by-case of one foot clearance is provided between the deepest
analysis, and May include, but shall not be limited to draft of a vessel and the bottom at mean low water;
changes in location, configuration, length, width 4. main access docks and connecting or
and height; walks shall not exceed six (6) feet in width;
3. the number, lengths, drafts and types of 5. terminal platforms shall not exceed eight (8)
vessels allowed to utilize the proposed facility may feet in width;
also be stipulated; and 6. finger piers shall not exceed three (3) feet in
4. where local governments have more stringent width, and 25 feet in length;
standards and criteria for docking facilities, (he 7. pilings may be utilized as required to provide
more stringent standards for the protection and adequate mooring capabilities; and
enhancement of the aquatic preserve shall prevail. 8. the following provisions of Rule
(b) Private residential single docks shall 18-20.004(5)(d) shall also apply to private
conform to the following specific design standards residential multi-slip docks.
and criteria: (d) Commercial, industrial and other revenue
1. any main access dock shall be limited io a gencrating/income related docking facilities shall
maximum width of four (4) feet; conform to the following specific design standards
2. the dock decking design and construction will and criteria:
insure maximum light penetration, with full 1. docking facilities shall only be located in or
consideration of safety and practicality; near areas with good circulation, flushing and
adequate water depths;

(R. 9/38)
18-20.006 1NTERNAL IMPROVEMENT TRUST FUND V. 9, p. 692-2V

2. docking facilities and access channels shall be Cockroach Bay April 21, 1987
prohibited in Resource Protection Area I or 2, Estero Bay September 6, 1983
except as allowed pursuant to Sections Charlotte Harbor
258.42(3)(e)l., Florida Statutes; while dredging in (Cape Hazc'
Resource Protection Area 3 shall be strongly Gasparilia
discouraged; Sound-Charlotte
3. the docking facilities shall not be located in Harbor, Matiacha
Resource Protection Area I or 2; however. main Pass and Pine Island
access docks may be allowed to pass through Sound) May 18, 1983
Resource Protection Area I or 2, that am located Indian River-Maialbar
along the shoreline. to reach an acceptable Resource to Vero Beach January 21, 1986
Protection Area 3, provided that such crossing will Indian River Lagoon
generate minimal environmental impact; (Vero Beach to Fort
4. beginning July 1, 1986 new docking facilities Pierce and Jensen
may obtain a lease only where the local governments Beach to Jupiter
have an adopted marina plan and/or policies Inlet) January 22, 1985
dealing with the siting (if commercial /industrial Loxahatchee
and private. residential. multi-slip docking facilities River-Lake Worth
in their local government comprehensive plan; Creek June 12, 1984
5. the siting of the docking facilities shall also Nassau River-St.
take into account the access of the boat traffic to Johns River Marshes
avoid marine grassbeds or other aquatic resources in and Fort Clinch
the surrounding areas; State Park April 22, 1986
6. the siting Of new facilities within the preserve North Fork of the St.
shall be secondary to the expansions of existing Lucie River May 22, 1984
facilities within the preserve when such expansion SL Joseph Bay June 2, 1987
is consistent with the other standards; SL Martins Marsh September 9, 1987
7. the location of new facilities and expansion or Terra Ceia April 21, 1987
existing facilities shall consider the use of upland Wekiva River August 25, 1987
dry storage as an alternative to multiple wet-slip Specific Authority 258.43(1)F.S. Law Implemented
docking; 258.41, 258.42 258-43(1), 258.44 FS. History,--New
8. marina siting will be coordinated with local 2-25-81, Amendeded 6-7-85, Formely 16Q-20.004,
governments to insure consistency with all local Transferred from 16Q-20.004, Amended 9-4-88.
plans and ordinances; 18-20.005 Uses, Sales, leases or Transfer of
9. marinas shall not be sited within state Interest in Lands, or Materials, Held by the
designated manatee sanctuaries; and Board.
10. in any area with known manatee Specific Authority 258.43(1) F.S. Law Implemented
concentrations, manatee warning/notice and/or 253.02, 253.12, 258.42 FS. History-New 2-25-81,
speed limit signs shall be erected at the marina Repeated 8-7-85, Formely 16Q-20.05, Transferred from
and/or ingress and egress channels, according to 16Q-20-003-
Florida Marine Patrol specifications. 18-20.006 Cumulative Impacts In evaluating
(c) Exceptions to the standards and criteria applications for activities within the preserves or

listed in Rule 18-20,004(5). Florida Administrative which may impact the preserves, the department
Code, may be considered, but only upon recognizes that, while a particular alteration of the
demonstration by the applicant that such exceptions preserve may constitute a minor change, the
are necessary to insure reasonable riparian ingress cumulative effect of numerous such changes often
and egress. results in major impairments to the resources of the
(6) MANAGEMENT AGREEMENTS preserve. Therefore, the department shall evaluate
The board may enter into management 2 particular site for which the activity is proposed
agreements with local agencies for the ith the recognition that the activity may, in
administration and enforcement of standards and
criteria for private residential single docks. conjunction with other activities adversely affect the
(7) In addition to the policies, standards and preserve which is part of a complete and interrelated
criteria delineated in subsections (1) through (6), system. The impact of a proposed activity shall be
the provisions of the following management plans Considered in light of its cumulative impact on thqe
apply to specific aquatic preserves and art preserve's natural system. The department shall
incorporated herein by reference. Where regulatory include as a pan of its evaluation of an activity:
(1) The number and extent of similar human
criteria in 18-20, F. A. C., may differ with specific actions within the preserve which have previously
policies in the management plans listed herein, the affected or are likely to affect the preserve, whether
general rule criteria shall prevail. considered by the'department under its current
Date Adopted authority or which existed prior to or since the
Alligator Harbor September 23, 1986 enactment of the Act; and
Banana River September 17, 1985 (2) The similar activities within the preserve

(R -9/88)
V. 9, p. 692-2W FLORMA AQUATIC PRESERVES 18-20.012

which are currently under consideration by the aquatic preserve system, subject to confirmation by
department; and the legislature.
(3) Direct and indirect effects upon the preserve (2) The board may, after public notice and
and adjacent preserves, if applicable, which may publichearing in the county or counties in which the
reasonably be expected to result from the activity; proposed expanded or new preserve is to be located,
and adopt a resolution formally setting aside such arras
(4) The extent to which the activity is consistent it) be included in the system.
with management plans for the preserve, when (3) The resolution setting aside an aquatic
developed; and preserve area shall include:
(5) The extent to which the activity is (a) A legal description of the area to be included.
permissible within the preserve in accordance with A map depicting the legal description shall also be
comprehensive plans adopted by affected local attached.
governments, pursuant to section 163.3161, F.S., (b) The designation or the type or aquatic
and other applicable plans adopted by local, State,, preserve.
and federal governmental agencies; (c) A general statement or what is sought in be
(6) The extent to which the loss or beneficial preserved.
hydrologic and biologic functions would adversely (d) A statement that the area established as a
impact the quality or utility of the preserve; and preserve shall be subject to the management criteria
(7) The extent to which mitigation measures and directives of this chapter.
may compensate for adverse impacts. (c) A directive to develop a natural resource
specific Authority 258,43(l) FS. Law, Implemented inventory and a management plan for the area being
238.36. 258.43. 238.44 FS. History-New 2-25-81, established as an aquatic preserve.
Formerly 16Q-20.06, Transferred from 16Q-2006. (4) Within 30 days of the designation and
18-20.007 Protection of Riparian Rights. establishment of an aquatic preserve, the board
Specific Authority 258.43(1) FS. Law Implemented shall record in the public records of the county or
258.123. 258.124(8). 258.44 FS. History-New 2-25-81, counties in which the preserve is located a legal
Repeated S-7-85. Formerly 16Q.20.07. Transferred from description of the preserve.
16Q.20.007. Specific Authority 258.43(1) FS. Law Implented
258.41 FS. History-New 2-25-81, Formerly 16Q-20-09.
18-20.008 Inclusion of LandsTitle to Which Transferred from i6Q-.20.009.
Is Not Vested in the Board, in a Preserve.
(1) Lands and water bottoms which are within 18-20.010 Exchange of Lands The board in its
designated aquatic preserve boundaries, or adjacent discretion may exchange lands for the benefit of the
I hereto and which are owned by other governmental preserve, provided that:
agencies, may be included in an aquatic preserve (1) In no case shall an exchange result in any
upon specific authorization far inclusion by an land or water area being withdrawn from the
appropriate instrument in writing executed by the preserve; and
agency. (2) Exchanges shall be in the public interest and
(2) Lands and water bottoms which are within shall maintain or enhance the quality or utility of
designated aquatic preserve boundaries or adjacent the preserve.
therein. and which are in private ownership, may be Specific Authority 2.58-43(1 FS. Law Implemented
included in an aquatic preserve upon specific 258.41(5), 238.42(1) FS. History-New 2-25-81,
Formerly 16A.20.10, Transferred from 16Q.20.010.
authorization for inclusion by an appropriate
instrument in writing executed by the owner. 18-20.011 Gifts of Lands. The board in its
(3) The appropriate instrument shall be either a discretion may accept any gifts of lands or interests
dedication in perpetuity, or a lease. Such lease shall in lands within or contiguous to the preserve to
contain the following conditions: maintain or enhance the quality and utility (if the
(a) The term (if the lease shall be for a minimum preserve.
period of ten years. Specific Authority 258-43(l) FS. Law Implemented
(b) The board shall have the power and duty to 258.41(5) FS. History-New 2-23-81, Formerly,
enforce the provisions of each lease agreement. and 16Q.20.10. Transferred from 16Q-20.010.
shall additionally have the power to terminate any 18-20.012 Protection of Indigenous Life
lease if the termination is in the best interest of the Forms. The taking or indigenous life forms for sale
aquatic preserve system, and shall have the power to or commercial use is prohibited, except that this
include such lands in any agreement for prohibition shall not extend to the commercial
management of such lands. taking of fin Fish, crustacea or mollusks, except as
(c) The board shall pay no more than $1 per year prohibited under applicable laws, rules or
for any such lease. regulations. Members of the public may exercise
Specific Authority 258.43(1) FS Law Implemented their rights to fish, so long as not contrary to other
258.40 258.41 FS History- New 2-25-81. Formerly
16Q-20.08, Transferred from 16Q-20.008 statutory and regulatory provisions controlling such
activities.
18-20.009 Establishment or Expansion of Specific Authority 258.43(1) FS Law Impliemented
Aquatic Preserves. 238.43(1) FS History--- New 2-25-81, Formerly
(1) The board may expand existing preserves or 16Q-20.12, Transferred from 16Q-20.012.
establish additional areas to be included in the

(R 9/88)
18-20.017 INTERNAL IMPROVEMENT 'MUST FUND V. 9, p. 692-2X

18-20.013 Development of Resource 18-20.017 Lakejackson Aquatic Preserve. In
Inventories and Management Plans for addition to the provisions of Rules 19-20.001
Preserves. through 18-20.016, the following requirements
(1) The board authorizes and directs the division shall also apply to all proposed activities within the
to develop a resource inventory and management Lake Jackson Aquatic Preserve. If any provisions of
plan for each preserve. this Rule are in conflict with any provisions of Rules
(2) The division may perform the work it) 19-20.001 through 19-20.016 or Chapter 73-534,
develop the inventories and plans, or may enter into Laws or Florida, the stronger provision for the
agreements with other persons to perform the work. protection or enhancement of the aquatic preserve
In either case, all work performed shall be subject it) shall prevail.
board approval. (1) No further sale, transfer or lease of
Specific Authority 258.43(1) FS. Law-Implemented sovereignty lands in the preserve shall be approved
258-43(7). 253.03(8) FS. History-New 2-25-81, or consummated by the Board, except upon a
Amended 8-7-85, Formerly 16Q-20.13, Transferred from showing of extreme hardship on the part of the
16Q-20.015. applicant or when the board shall determine such
18-20.014 Enforcement. The rules shall be sale, transfer or lease to be in the public interest.
enforced as provided in Section 258.46. (2) No further dredging or filling of sovereignty
Specific Authority 253.43(1)FS. Law Implemented lands of the preserve shall be approved or tolerated
258.46 FS. History-New 2-25-81. Formerly 16Q-20. 14. by the Board or Trustees except:
Transferred from 16Q.20.014. (a) Such minimum dredging and spoiling as may
18-20.015 Application Form. be authorized for public navigation projects or for
Specific Authority 253.43(1) FS. Law, Implemented preservation of the lake according to the expressed
2.58.43 FS History-- New 2-25-81. Repeated 6-7-85. intent or Chapter 73-53A, Laws of Florida; and
Formerly 16Q-20-15. Transferred from 16Q.20.015. (b) Such other alteration of physical conditions
as may be necessary to enhance the quality or utility
18-20.016 Coordination with Other of the preserve.
Governmental Agencies Where 2 Department of (3) There shall be no drilling or wells,
Environmental Regulation Permit is required for excavation for shell or mincrals, and no erection of
activities on sovereignty lands the department will structures (other than docks), within the preserve,
coordinate with the Department of Environmental unless such activity is associated with activity
Regulation to obtain a copy of the joint Department authorized by Chapter 73-534, Laws or Florida.
or Army/Florida Department or Environmental (4) The Board shall not approve the relocations
Regulation permit application and the biological or bulkhead lines within the preserve.
survey. The information contained in the joint (5) Notwithstanding other provisions of this act,
permit application and biological assessment shall the board may, respecting lands living within the
be considered by the department in preparing
its Lake Jackson basin:
staff recommendations to the board. The board may (a) Enter into agreements for and establish lines
also consider the reports of other governmental delineating sovereignty and privately owned lands;
agencies that have related management
or (b) Enter into agreements for the exchange and
permitting responsibilities regarding the proposed exchange sovereignty lands for privately owned
activity. lands;
Specific Authority 253.43(1) FS. Law Implemented
258-43 FS. History-New, 2-25-81. Formerly 16Q.20.16. I-) Accept gifts or land within or contiguous to
Transferred from 16Q-20.016 the preserve.
Specific Authority 258.39(26) FS Law Implemented
258.39(26).258.43 FS History -- New 8-7-85, Formerly
16Q-20.017, Transferred from 16Q.20.017.

APPENDIX B

Local Government comprehensive Plans
Applicable Policies

St. Johns County
Coastal Element:
(6.04.04) Marinas shall be located in areas where minimum
dredging and maintenance would be required.
(6.05.01) County will .... implement recommendations to
increase and maintain water quality at the designated
standards for the appropriate water body classification.
(6.05.02) County will monitor and participate ..... in
permitting activities....which may impact the quality of the
coastal area.
(6.05.03) County will restrict development proposals which
could adversely impact the quality of the coastal-area...
(6.05.05) County will actively pursue the protection and
enhancement of water quality for wildlifel fishing,
shellfishing....
(6.05.06) Docks and piers shall not obstruct or alter
natural water flow or restrict navigation.
(6.05.07) Assure that new development does not interfere or
restrict water from entering wetlands or estuaries to maintain
normal biological productivity.
(6.05.08)- Development orders shall be designed to protect
the type, nature, function of floodplains, wetlands,
estuaries .... by limiting encroachment, removal of native
vegetation, pollution....
(6.05.09) Development shall be designed and constructed to
minimize stormwater.and pollutant discharge.
(6.05.11) Marinas that cater to live-aboard craft shall be
equipped with sewage pump-out and collection systems ....
(6.06.01) Construction of canals and manmade waterways shall
not be approved by county until all federal and'state permits
have been acquired.
(6.06.02) All approved dredge/fill activities shall be
conducted to minimize adverse impacts on ecosystems, water
quality ......
(6.06.03) All dredge spoil material shall be placed on
suitable disposal sites approved by all agencies with
jurisdiction.
(6.06.04) Approved best management practices shall be used
before, during and after construction to reduce siltation and
erosion.
(6.06.05) Seawalls and other shoreline modifications shall
be set at or landward of, the MHW line.
(6.07.01) Infrastructure shall be planned and designed to
be compatible with adjacent land uses .... do not promote
development which may be hazardous or located in sensitive
areas.

(6.07.03) Roads, pipelines, public utilities shall preserve
coastal marshes, wetland and surface water....

St. Johns County
Conservation Element
(7.01.09) Residents using septic tanks system shall be
required to tie into public sewer systems once that system
becomes available.
(7.02.01) County shall map conservation/preservation
areas.... on Future Land Use Plan for identifying conservation
areas and corridors.
(7.02.02) Develop guidelines for regulation of open space
tree protection, scenic corridors and wildlife habitat.
(7.02.03) Encourage Planned Unit Developments.... to preserve
large continuous areas of wetlands and other environmentally
sensitive communities.
(7.02.04) Illegal wetland development will be reported, and
required to be restored and/or mitigated.
(7.02.05) Stormwater management systems will be used .... to
enhance hydrologic conditions of stressed or impacted
wetlands.
(7.02.06) Dredge and f ill activities shall be reviewed by
appropriate agencies to assure impacts are minimized.
(7.02.07) Adequate buffers will be maintained between'
development and preservation/conservation areas.
(7.03.02) Septic tanks shall be prohibited where soils are
unsuitable....
(7.04.02) Stormwater systems shall ensure adequate
retention/detention of stormwater runoff to maintain surface
water quality, to ensure percolation and reduce adverse
impacts to drainage canals, surface water and groundwater.
(7.05.01) County will inventory unique coastal and upland
systems and other environmentally significant lands for
inclusion in state land purchase programs, giving priority to
undisturbed sensitive lands.
(7.05.02) County should encourage the acquisition and/or
preservation of environmentally sensitive lands.... to assure
their conservation and protection....
(7.05.03) Special land use requirements shall be established
for preservation and conservation areas to limit any adverse
impacts.
(7.05.04) Consideration will be given to the transfer of
development rights as a method of acquiring natural lands from
private developers.
(7.06.01) Marinas and ports shall not be located ..... in
manatee-designated sanctuaries ....
(7.06.04) DevelopmentS proposed adjacent to "outstanding
Florida Waters", sanctuaries, refuges, preserves,....shall be
environmentally compatible....

(7.06.05) County and private landowners should cooperate to
retain significant habitats for native wildlife and
vegetation .... and if disturbed, the habitat will be
relocated ....
(7.06.06) County will assist other state agencies to develop
wildlife corridor plan, linking public lands....
(7.06.07) County will support efforts to identify
significant transportation routes, breeding grounds, 'and
foraging areas of the manatee .... and promote educational
programs to protect these habitats.
(7.06.09) County should encourage agricultural and
silviculture communities to incorporate wildlife corridors in
the management of their lands.

Plagler County
Conservation Element:
(2-1) County shall cooperate with DER and SJRWMDIs programs
for testing surface water.
(2-2) County shall cooperate with SJRWMD-1 s in its surface
water improvement and management program.
(2-3) County shall adopt and implement .... a comprehensive
stormwater management ordinance....
(3-2) County shall identify and recommend to the state and
SJRWMD, environmentally sensitive lands that warrant
acquisition under CARL or SOR program.
(4-1) County shall strive to control or prohibit where
necessary dredge and fill of wetlands....
(4-2) County shall amend, adopt, and implement.... land
development regulations to ensure....
(4-3) County shall cooperate with DERF DNR, SJRWMD, COE, to
improve compliance with dredge and fill state permitting
process.
(7-1) County shall consider topographic, hydrologic, and
vegetative cover factors in site plan review process of
proposed developments.
(9-1) County shall- maintain a comprehensive inventory of
ecological communities which shall include species, habitat
conditions, occurrences and disturbances; and shall recommend
acquisition through CARL and SOR programs ....
(9-2) County shall amend and adopt .... land development
regulations which include provisions to protect the ecological
communities....
(9-4) County shall assist in the application of and
compliance with all state and federal regulations which
pertain to endangered and rare species.
(9-5) County shall consult with the FGFWFC where development,
or permitting activities will affect endangered or rare
species.
(9-6) County may establish a program with private landowners
to 'use good management practices to protect endangered and
rare species' most desirable habitats.

(9-7) County shall protect habitat of viable Populations of
threatened, endangered, or species of special concern of
plants or animals by use of such available measures... *
(9-8) County shall assist DNR and FGFWFC in developing an
education program to promote the preservation of endangered
and rare species.

Additional elements that are applicable to aquatic preserve
management, (e.g. land use element), were not available at the
time this management plan was prepared. It should also be
.noted that these are draft policy statements for both Flagler
and St. Johns counties and are subject to change, based on
reviews from various state agencies.

MOAA COASTAL SERVICES CTR LIBRARY

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