HomeMy WebLinkAbout1986 01 21 Aquatic Preserve Mgmt PlanNDIAN RIVER
M. LABAR TO VERO BEACH
PRESERVE MANAGEMENT PLAN
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INDIAN RIVER - � iALP&R TO VERO BEACH
AQUATIC PRESERVE MANAGEMENT PLT
JANUARY 21, 1986
Elton J. Gissendanner
Executive Director
Department of natural Resources
This plan was prepared by
The Bureau of Historic and Environmental Land Management
Division of Recreation and Parks
Preparation of this management plan was primarily supported by
a grant from the U.S. office of Ocean and coastal Resource
Management, National Oceanic and Atmospheric Administration,
and the Florida 'Department of Environmental Regulation, the
Office of Coastal Management, through the Coastal Zone Manage-
ment Act of 1972 as amended.
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Executive Summary
The Indian River --Malabar to Vero Beach Aquatic Preserve is part of the Indian
River Lagoon; a shallow lagoonal estuary. The lagoon is bounded on the east
by a barrier island and on the west by the mainland. Sebastian Inlet is the
only opening to the ocean in this area. The preserve supports important
commercial fisheries, especially the hard clam and oyster industries and is
important for recreational activities as well.
The estuary is an important home and nursery area for an extensive array of
fish and wildlife. The major problems in the continued health of this area
include the construction of major drainage networks that have increased the
fresh water flow into the estuary, the loss of wetland areas and water quality
degradation associated with agricultural drainage and urban runoff.
Additionally, the Intracoastal Waterway and the maintenance of Sebastian Inlet
have changed the historical flushing and circulation within the lagoon system.
The major objectives of the aquatic preserve management program are to manage
the preserve to ensure the maintenance of an essentially natural condition,
and to restore and enhance those conditions which are not in a natural
condition. Management will also be directed to ensure public recreational
opportunities while assuring the continued propagation of fish and wildlife.
This task will be guided by the identification and mapping of natural
resources and habitats necessary to meet these objectives. An additional
management objective is the review and comment on applications for the use of
state-owned submerged lands. This will require, in a fully implemented
management program, the onsite investigation of these proposed uses by field
personnel assigned to the aquatic preserve. The field personnel are critical
to the realistic management of this aquatic preserve.
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STATE OF FLORIDA
BOAQD OF TRUSTEES OF THE INTEpNAL IMPRO`E EDIT TRUST FVI
P E 5 0 L U T I O N
a
WHEREAS, the Board of Trustees of the internal Improvement Trust Fund is
charged with the acquisition, administration, management, control, super-
vision, conservation, protection, and disposition of all lands title to which
is vested in the Trustees under Chapter ?53, Florida Statutes; and
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WHEREAS. Chapter 758, clorida Statutes, directs that state-owned
submerged lands within aquatic preserves be set aside forever in their
essentially natural or existing condition for the benefit of future
generations; and
WFEREAS, the Trustees are charged with the adoption and enforcement of
reasonable rules and regulations to carry out the provisions of Sections
258,35 through 256.46, Florida Statutes, regarding the regulation of human
so as nat'ta unreasonably interfere with
activity within the aquatic preserves
lawful and traditional public uses of the preserves;
WHEREAS; Section 160-20.13, Florida Administrative Cade, mandates the
development of management plans for aquatic preserves; and
WHEREAS, the Trustees desire to serve the public by effectively planningo
managing and protecting aquatic preserves; and
F,xEREAS, the Trustees recognize the importance and benefits of protecting
the natural resources and preserving the natural ecosystem of the aquatic
preserve in the Indian River Malabar to Vero Beach area, and
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NOW THEREFORE BE ;T RESOLVED that the Board of Trustees of the Internal
Inprovement Trus`. Fund hereby adopts the Indian River Malabar to '?ero Beach
Aquatic Preserve Managemen{ Flan; and
BE IT FURTHER RESOLVED that the primary management objective of the
4 Indian River Malabar to Vera Beach will be the maintenance of this ecosystem
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in an essentially natural state; and
FF IT FURTHER RESOLVED that the Indian River Malabar to Vero Beach
Aquatic Preserve Management Plan shall serve as a fundamental policy guideline
for the Trustees and other state and local agencies having jurisdiction rela-
tive to maintaining the Indian River Malabar to Vero Beach Aouatic Preserve
system, and shall provide the overall policy direction for the development and
implementation of all administrative rules and programs related to the
management of state-owned submerged lands within the Indian River Malabar to
Vero Reach Aquatic Preserve; and
BE IT FURTHER RESOLVED THAT the Department of Natural Resources, Division
of Recreation and Parks, is hereby designated as - agent for the Trustees for
purposes of aquatic preserve planning and management.
IN TESTIMONY WHEREOF THE Board of Trustees of the Internal Improvement
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Trust Fund have hereunto subscribed their names and have caused the +ffl cial
Seal o* the Board of Trustees or the internal Improvement Trust Fund to be
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hereunto 1 affixed it the City or Tallahassee, The Capitol, on this the , C
day of �. ; *_. L•w R. p, , 14P6.
15eal]
Governor
Secretary of Stat
Commissioner of Education ttorney General
ei
Commis over of Agriculture
As and Constituting the State of
Florida Board of Trustees of the
Internal Improvement Trust Fund
APPROYM AS JQ
DRAB & LEGALITY �
WART ENT ATTORNEY
V
Comptroller
Treasurer
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Chapter
Ah
TABLE OF CONTENTS
Paoe
I.INTRODUCTION.................................................. 1
y II. MANAGEMENT AUTHORITY .......................................... 11
'II. MAJOR PROGRAM POLICY DIRECTIVES ............................... 23
tV. RESOURCE DESCRIPTION .......................................... 29
A. Geologic Features and Landforms ........................... 30
P. Community Associations .................................... 31
C. Archaeological and Historical Sites ....................... 54
P. Water Resources ........................................... 58
F. Cultural .................................................. 61
V. RESOURCE M.ANAGEMEP'T........................................... 63
A. Introduction .............................................. 63
E. Onsite Management Objectives .............................. 63
C. Resource Mapping and Resource Protection Areas............ 86
D. Administrative Management Objectives ...................... 89
VI. MANAGEMENT IMPLEMENTATION NETWORK ............................. 97
A. Federal ................................................... 97
B. State.... ................ ..............................100
C. Regional..................................................107
D. Local Governments and Special Districts...................109
E. Other Entities............................................112
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A
Tahle of Contents (Continued)
CHAPTER
Page
V11. PUBLIC USES..... .............................................. 11E
A. Consumptive Uses ........................................... 115
R. Non -Consumptive Uses ....................................... 116
V111. PRIVATE NON-COMMERCIAL USES ................................... 117
1X. C0MMERCIAL USES ............................................... 1?1
A. Traditional Commercial Oses ............................... M
F. Non -Traditional Commercial Uses ........................... 1213
X. SCIENTIFIC RESEARCH ........................................... 125
XI. ENVTRDNmENTAL EDUCATION ....................................... 177
X71. IDENTTFIED PROGRAM NEEDS ...................................... 129
A. Acquisition of Additional Property ........................ 130
R. Roundary Problems and Systems Tnsufficiences.............. 130
C. Legislative Needs ......................................... 131
D. Administrativae Rule Changes ............................... 131
E. Data (Information) Needs .................................. 132
F. Resource Protection and Enforcement Capabilities.......... 132
G. Funding and StaffingNeeds .................................
133
BIBLIOGRAPHY.........................................................,135
it
CONTENTS OF APPENDICES ................. ............................. 141
Vii
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■
Chapter I
INTRODUCTION
This plan addresses the mananement o� the Indian River - Malabar to Vero Reach
Aquatic Preserve, located in Brevard and Indian River Ccunties (Figures 1 and
?1 Palm Bay, Malabar, Vero Beach, [orchid, Vero Reach and Indiar River Shores
are incorporated cities which lie along the preserve boundary. The unincorp-
orated cities include Floridana Beach, Melbourne Shares, Grant, Micco,
t.abasso, Roseland, and Giflcord. The surface water area of the preserve is
approximately 43.41 square miles.
The preserve is part of the Indian River Lagoon which is a relatively shallow
estuary with very restricted water exchange with the sea. Historically, there
was no significant freshwater inflow Clark, 1993). In the 1920's, much of
the marsh within the Upper St. John's River floodplain was "reclaimed" for
agricultural production. Canals were built to provide for drainage to tidal
waters (Clapp and wilkening, 1984). Increasee development has increased the
amount and quality of freshwater inflow into the Indian River from these
canals and from Turkey, Goat, Kid, Trout and Sebastian Creeks. Salinities
range from 20-26 parts per thousand (ppt.) near Malabar, to 30-36 ppt. at
Sehastian. The mainland lies to the west of the preserve, with barrier
islands bordering the eastern side. The Intracoastal Waterway extends the
entire length of the aquatic preserve. Approximately 55 spoil islands were
k
Figure Z
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T30S • BREVAR�. COUNTY ' e
31s — INDIAN RIVER COUNTY
_ MAP OF
`� - INDIAN RIVER-MALABAR TO VERO BEACH
SEBAnIAlI AQUATIC PRESERVE NORTH HALF
( AQUATIC PRESERVE NO 7 )
BREVARD AND INDIAN RIVER COUNTIES, FLC66DA
CREATED II
f3 -
STATE OF FLORIDA BOARD Of
PREPARED iF F.4 HAN SEN i7 14- . \� TRUSTEES OF THE INTERNAL rA1PRDVEMIENT TRUST FUND
DIVtS1DN DF LAND ANMaF KEIR ' Sig OCTOBER IN %969
APRIL, 1970 / .� - RESOLUTION ADOPTED DCMKR tl., IIT!
.f . \ t*AAATED YRk klm
Figure 2
O Kn L.ET
STAATETE PA.'r[
909-er LOCATION
f 2's PELICAN BLAND
11M1 c
PREVARD COUNTY tis
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A ITiD1 N RIVER C: NTY
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LEGEND
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.40
` \ 17 \ CORPMATE I.jJrTS
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22 tj ' ` 20 2i oRtal4 29 wnra i+rs
\� {\h PAWED RnDi
SEBASTIAN , _ -. �\ STATE PA"
\ti � j,Dp� LLS IN p1YfAT
29 to 27 + !6 ` 29 9. { pp J SrA7E MIiiWAY
- 25 3t1 25
_!— IMYRAC445TIIL 'IYATE'pu'A7
310
A"nC PRESER*S
36
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29 26
� 2s z'+' 26 a !D ` ry
36
32 Sa }4 - 35 as 31 52 .�\ V'ERO BEACH
T 32 s � \1(3
T33S 4
MAP OF
INDIAN RivE'R—MALABAR TO VERA BEACH � � 11 12
AQUATIC PRESERVE SOUTH HALF
(AQUATIC PRE'SERV'E NO -7 )
BREVARD AND INDIAN RIVER C:OUNTBES,FL-ORIDA ,
CREATED 6T If L5. 14 I] 96 ,
STATE OF FLORIDA BOARD Of TRUSTEES
OF THE INTERNAL IMPROVMEKT TRUST FIJPIO
OCTOSER 21,1969 _ PI 22 23 24 I9
RE'S(xLmiON ADOPTED OCT OVER 21,1!614
ADDITIDNS 1965 L£OISLATL"E �.
5
originally created from this dredged material but, over time, many of these
islands have eroded to shoals.
This environmentally sensitive and unique preserve, ha -burs seaerass beds
a which stabilize bottom sediments, and provides shelter and food for adult,
uvenile, and larval vertebrates and invertebrates. Mangrove trees fringe the
shoreline of the barrier island and, to a lesser extent, the mainland and
perimeters of the spoil islands. Saltmarsh grasses, oyster bars, drift algae,
and tidal flats are also intricate parts of this very dynamic and productive
lagoonal system.
The climate in Fast Central Florida is humid subtropical, with an average
annual rainfall of approximately 50 inches. The rainy season occurs from June
to October (Doehring, personal communication).
The Indian River -Malabar to Vero Beach Aquatic Preserve maps, in Figures I and
2, represent the gross boundaries of the aquatic preserve. The actual pre-
serve includes those sovereignty submerged lands located waterward of the mean
high water line within this boundary area. This aquatic preserve will be
managed to emphasize maintenance and enhancement of the existing conditions.
As more site specific information becomes available, essentially natural
conditions shall be identified and resources in disturbed areas restored to
that condition where possible.
Due to the current limitation of onsite staff resources, the management
program in these aquatic preserves will be restricted in the scope of
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operations. However, the program will fill the minimum need for active
management in the preserve and should provide the Frameworl for future program
growth. The administrative support for this management program will be
provided by the Division of Recreation and Parks', Bureau of Environmental
Land Management (RELM) in Tallahassee, known as the "central office". 'Field
personnel support will he through the Florida bark Service, Division of Marine
Resources ant" the RELM staff, when available. #
Initially, development of the resource inventory will be heavily dependent on
LANDSAT satellite imagery, DOT aerial photography, and existing scientific and
other literature. As the program proceeds and on-site managers are present,
the experience and additional resource information will likely result in
modifications to the program and plan, which are both designed to accommodate
such changes or at least identify areas needing improvement.
This pian is divided into chapters according to their management application.
Chapter II cites the authorities upon which this management program and plan
are built. Chapter III (Major Program Policy Directives) highlights the major
policy areas that are within this plan. Chapter IV presents a brief resource
description and references the appendices which contain more detailed
information on the resources.
a,
Chapter V presents the management objectives of 'both the on-site managers, who
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actually work in the preserve, and the administrative staff in Tallahassee.
Chapter VI addresses how this plan will interface with local, regional, state,
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41
A
and federal agencies and programs; as well as its relevance to non-government.
organizations, interest groups, and individuals.
Chapters VH through IX address the various uses, 'ram public to private to
commercial, Chapters X and XI address the use of the aquatic preserve for
scientific research and environmental education, respectively.
Chapter XII is en internal management improvement section identifying problems
and needs in the progressive improvement of this aquatic preserve management
plan.
This plan was written by the Department of Natural Resources DNR), Division
of Recreation and Parks, Bureau of Environmental Land Vanagement staff.
Funding for the plan was by a coastal management grant (CM -106) through the
O,S. Department of Commerce's National Oceanic and Atmospheric Administration,
Office of Ocean and Coastal Resource Management, and the Florida Department of
Environmental Regulation (DER), Office of Coastal Management.
Z
Chapter II
MANAGEMENT AUTHORITY
The primary management authorities available to the star for implementing
management directives affecting aquatic preserves are found in Chapters 258
and 953, Florida Statutes (F.S.). These authorities clearly establish the
proprietary management overview role of the Governor and Cabinet, sitting as
the Board o; Trustees of the Internal Improvement Trust Fund and are variously
referred to as the "Trustees" or the "Board". Furthermore, all management
responsibilities assigned to the Trustees by this plan may be fulfilled
directly by the Governor and Cabinet or indirectly via staff or agents of the
Trustees, pursuant to delegations of authority, management agreements, or
other legal mechanisms. All subsequent references to the Board or Trustees
should be presumed to potentially ;include staff and designated agents, in
addition to the Governor and Cabinet. The staff of the Bureau of Environ-
mental Land Management (BELM) (acting as "agents" for the Trustees) is able
to review all requests for uses of, or directly affecting, state-owned
sovereignty submerged lands within aquatic preserves. The review and subse-
quent Staff comments are primarily designed to evaluate the environmental
consequences of any proposed use of state-owned submerged land. The review is
conducted within the confines of the criteria contained in the "maintenance"
A provisions for aquatic preserves in Chapter 258, F.S.
Formal review comments are provided to the Department of Natural Resources
(DNR), Division of State Lands by the Bureau of Environmental Land Management
11 ,
for inclusion in the comments and recommendations accompanying agenda items
for Trustees consideration, This mechanist allows the Trustees, sittino as
owners of the land, to evaluate public interest. and project merits within the
context of environmental impact upon the preserve..
PACKGRt7UND
In many respects, the authorities supporting aquatic preserve planning and
management are the cumulative result of the public's awareness of the
importance of Florida's environment . The establishment of the present system
of aquatic preserves is a direct outgrowth of public concern with dredge and
fill activities rampant in the late 1960's.
In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws
of Florida), which set up procedures regulating previously unrestricted dredge
and fill activities on state-owned submerged lands. That same year the
legislature also provided statutory authority {Section 253.03, F.S.} for the
Trustees to exercise proprietary control over state-owned. lands. In 1967,
this governmental focus on protecting Florida's productive estuaries from the
impacts of development led to the establishment of a moratorium by the
Governor and Cabinet on the sale of submerged lands to private interests. In
that same year, this action was followed by the creation of an Interagency `
Advisory Committee on submerged lands management. In late 1968, that
Committee issued a report recommending the establishment of a series of
aquatic preserves. Twenty-six separate waterbodies were addressed in the
original recommendation.
12
Also in 2968, the Florida Constitution was revised, declaring in Article 11,
Section 7, the State's policy er conserving and protecting the natural
resources and scenic beauty of the state. That constitutional provision also
established the authority for the Legislature to enact measures for the
abatement of air and water pollution.
It was not until October 21, 1069 that the Governor and Cabinet acted upon the
recommendations of the Interagency Advisory Committee and adopted, by resolu-
tion, IF, of the waterbodies as aquatic preserves. Other preserves were
similarly adopted at various times through 1971.
Prior to the October 1969 action by the Governor and Cabinet, the Legislature
had created the Boca Cieaa Aquatic Preserve. Subsequent Legislative action in
1972, 1973 and 1974, created the Pinellas County, Lake Jackson and Biscayne
Say Aquatic Preserves, respectively.
In 1975, the Legislature established a Florida Aquatic Preserve Act (Codified
in Chapter 258, F.S.), thereby bringing all existing preserves under a
standardized set of maintenance criteria. Additional acts were passed
subsequent to the 1975 action, such as the addition of the Cockroach Bay
Aquatic Preserve in 1976 and the Gasparilla. Sound -Charlotte Harbor Aquatic
Preserve to the system in 1978.
The Charlotte Harbor Aquatic Preserve Management Plan, approved by the
Trustees on May 18, 1983 was the first management plan for an aquatic
preserve. The following aquatic preserves have approved plans: Estero Bay -
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September 5, 1983; North Fork -St. Lucie - !Iay 22, 1984; Loxahatchee River -Lake
Worth Creek - June I', 19SA; and Indian River Lagoon - J&r.uary 2.1_, 1905
Ir �1une 19,05, the Legislature passed Senate Pill 7F? which expanded the
boundaries of the Tanana River, Malabar to Vero Reach, Loxahatchee giver --Lake 01
Worth Creek, V"ekiva River, and Rookery Ray Aquatic Preserves; ard, created
Guana paver Marsh and !dig Bend Seagrasses Aquatic Preserves.
The State Lands Management Plan, adapted on March 11, 1981, by the Trustees,
contains specific pclicies. The Plan also establishes policies concerning
spoil islands, submerged land leases, "Outstanding Native Florida Landscapes",
unique natural features, submerged grassbeds, archaeological and historical
resources, and endangered species. All of these issues provide management
guidance to the aquatic preserve program.
ADMTNISTRATIVE RULES
Chapters 16n-'1 and 160-20, Florida Administrative Code (F.A.C.), are two
administrative rules directly applicable to -the DNR's/Trustee's actions
regarding allowable uses of submerged lands, in general, and aquatic preserves
specifically. Chapter 16Q-21, F.A.C. controls activities conducted on
sovereignty submerged lands, and is predicated upon the provisions of Sections 4
258.03 and 253.12, F.S. The stated intent of this administrative rule is:
F
"(I) 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;
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(2) To insure maximur^ benefit and use of sovereignty lands for all
the citizens of Florida;
4Jti ig-
To manage, protect, ane Enhance sovereignty ?ands so that the
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public may continue to enjoy traditional uses including, but not
limited to, navigation, fishing, and swimming;
{4j 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
lards which venerate revenues or exclude traditional public uses
provide just compensation for such privileges; and,
(6) To aid in the implementation of the State Lancs
Management Plan."
Chapter 160-20, F.A.C. addresses the aquatic preserves and derives its
authority from Sections 258.35, 258.36, 258.37, and 258.38, F.S. The intent
of this rule is contained in Section I6Q-20.01, F.A.C., which statest
"M All sovereignty lands within a preserve shall be
managed primarily for the maintenance of essentially
natural conditions, the propagation of fish and
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wildlife, and public recreation, including hunting
and fishing where deemed appropriate by the
board and the managing agency.
(2) The aquatic preserves which are described in Section
58.39, 258.391, 158.393 and 958.393, F.S.; Chapter
85-345 Laws of Florida; and in Section
F.A.C., were established for the purpose of being
preserved in an essentially natural or existing
condition so that their aesthetic, biological and
scientific values may endure -For the enjoyment of
future generations.
(3) The preserves shall he administered and managed in
accordance with the following goals:
(a) 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;
F
(b) To protect and enhance the waters of the preserves
so that the public may continue to enjoy the tradi-
tional recreational uses of those waters such as
swimming, boating, and fishing;
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fc) To coordinate with federal, state, and local agencies
to aid in carrying out the intent of the Lecislazure
in Creating the preserves;
(d) To use applicable federal, state, and local
management programs, which are compatible with
the intent and provisions of the act and these
rules, to assist in managing the preserves;
(e) To encourage the protection, enhancement or
restoration of the biological, aesthetic, or
scientific values of the preserves, incluaing
but not limited to the modification of existing
manmade conditions toward their natural condition,
and discourage activities which would degrade the
aesthetic, biological, or scientific values, or
the quality, or utility of a preserve, when
reviewing applications, or when developing and
implementing management plans for the preserve;
(f) To preserve, promote, and utilize indigenous life
forms and habitats, including but not limited to:
sponges, soft coral, hard corals, submerged grasses,
mangroves, salt water marshes, fresh water marshes,
mud flats, estuarine, aquatic and marine reptiles,
game and nongame fish species, estuarine, aquatic
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and marine invertebrates, estuarine, aquatic and marine
mammals, birds, shellfish and mollusks;
(g) To acquire edditional title interests in lands where -
ever such acquisitions would serve to protect or
enhance the biological, aesthetic, or scientific
values of the preserves.
(h) To maintain those bene�Ficial hydrologic and biologic func-
tions, the benefits of which accrue to the public at large."
OTHER MANAGEMENT AUTHORITIES
Other Department of Natural Resources management authorities applicable to
aquatic preserves include fisheries and marine mammal management and protec-
tion, and beach and shore preservation programs outlined in Chapters 370 and
161, F.S., respectively and land acquisition programs conducted under the
Environmentally Endangered Lands authorities of Chapter 259, F.S. or the
Conservation and Recreation Lands Program authorized by 253, F.S., will
enhance the protection of the natural resources within the aquatic preserves.
Chapter 403, F.S., is an important ad-junct to Chapter's 253 and 258, F.S.
This governs, in part, the State's regulatory programs affecting water
quality and biological resources. The Department of Environmental Regulation
(DER), through a permitting and certification process, administers this
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program. Section '53.77, F.S., as amended by the Varren S. 'Henderson Wetlands
Protection Act of 1984, rec 0 res that any person reguestinc USe of state-rwned
land shall have approval of the proposed use from the Trustees hefore
commencing the activity. An Interagency agreement. between DNP and DER pro-
vides an avenue for staff comments on potential environmental impacts of
proiects in aquatic preserves through the DER pernitting process. Addi+ion-
-ally, the CER has designated, by administrative rule, a series of waterbodies
with stringent use criteria called "Outstanding Florida Waters" (ONI) . The
inclusion of all aquatic preserve waters within this classification greatly
erhances the protective previsions of Chapter 258, F.S. As the designated
"306" Coastal Zone Management Agency, the ITER also provides a source of
funding for data collection and planning in areas such as the Indian River
area, as well as being the state agency responsible for implem entina the
"'Federal consistency" provisions of the federal Coastal Zone Management Act.
The DER's administrative rules o -F primary significance to the aquatic preserve
management prograr, include Chapters 17-3, 17-4 and 17-12, F.A.C. These rules
are based upon the authorities contained in Chapter 403, F.S. Chapter 17-3,
F.A.C. addresses water quality standards and establishes the category of
"Outstanding Florida Waters", while Chapters 17-4 and 17-12, F.A.C. address
permit requirements and dredge and fill activities, respectively.
In December, 1982 a Memorandum of Understanding (MOU) between the DER, DNR,
and the U.S. Army Corps of Engineers (COE) was executed. This MMU clearly
establishes a process whereby the proprietary concerns of the Trustees,
stated in Chapter 253, F.S. can he integrated into the DERjCOE joint permit
processing system..
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Daher opportunities for environmental review and input into activities
potentially affecting aquatic preserves are afforded by the [department of
Community Affairs (DCA), and the Department of State, Division of Archives,
Historl,, and Records Management (DAHR.M�. The Executive Office of the Governor
also provides a mechanism for public input into federal proiects via the State
clearinghouse process..
The DCA is statutorily responsible for administering the "Development of
Reoicnal Impact" tORI). The DRI program, authorized by Section 380.06, F.S.
was established by the Legislature to provide a review and monitoring
procedure for those development projects potentially affecting more than one
countV,
Chapter 0.67, F.S. establishes the state policy regarding preservation and
management of Florida's archaeological and historical resources. This
responsibility is legislatively assigned to the DAHRM, which holds title
to those cultural resources located on state-owned lands. This also applies
to sovereignty submerged lands, including aquatic preserves.
The Department of 'Health and Rehabilitative Services, under their public
mandate, administers two programs directly affecting the aquatic preserve
management program. These programs are (1) septic tank regulation, usually
administered by county health departments and (z) arthropod (mosquito) control
programs, usually implemented through local mosquito control districts. Each
of these programs holds the potential for creating significant impacts upon
the aquatic preserves. Establishment of close working relationships between
20
IF
the aquatic preserve staff and the Department of Health ane Rehabilitative
Services will be a necessary element of the aquatic preserves manaoement
program.
Each of the above referenced programs may provide an effective means of
protecting aquatic preserves and their ecologically sensitive resources.
Appendix �, contains a compendium of the appropriate statutes and
administrative rules.
21 1
V
Chapter III
MAJOR PROGRAM POLICY DIRECTIVES
This plan contains a number o` management policy issues that are discussed
either generally or definitively, This section highlights those major policy
areas that comprise the basic thrust of this management effort. Adoption of
these policies will provide specific staff direction for implementing the
day-to-day aquatic preserve management program. Major program policy
directives are:
(A) Manage all submerged lands within the aquatic preserve to ensure the
maintenance of essentially natural conditions to ensure the propagation of
fish and wildlife, and public recreation opportunities,
(B) Prohibit the disturbance of archaeological and historical sites within
the aquatic preserve, unless prior authorization has been obtained from the
Trustees and DAHRM, and such disturbance is part of an approved research
design or authorized project.
(C) Develop and maintain a resource inventory and map natural habitat types
within the aquatic preserve, with an emphasis on those habitat types utilized
- by threatened and/or endangered species.
(D) Protect and, where possible, enhance threatened and endangered species
habitat within the aquatic preserve.
23
(E) Prohibit development activities within the aquatic preserve that
adversely impact upon arassbeds and other vFluable submerged habitat, unless a
prior determination has been made by the Roard of overriding public importance
with no reasonable alternatives, and adequate mitigation measures are
included.
(F) Prohibit the trimming angor removal of mangroves and other natural
shoreline vegetation within the aquatic preserve, except when necessitated by
the pursuit of legally authorized projects and local mangrove protection
ordinances.
(G) Provide research and educational opportunities for scientists and other
interested researchers within the framework of a planned research program in
the aquatic preserve.
(H) Acquire, where feasible, privately owned submerged lands located within
the boundaries of the aquatic preserve pursuant to the authorities contained
in Section 255.02(4), F.S.
(I) Prohibit the drilling of oil and gas wells, the mining of minerals, and
dredging for the primary purpose of obtaining upland fill within the aquatic
preserve.
(J) Prohibit non -water dependent uses of submerged lands within the aquatic
preserve except in those cases where the Board has determined that the project
is overwhelmingly in the public interest and no reasonable alternatives exist.
24
r
This prohibition shall include floating residential units, as defined in
Section. 125.0105(2), F.S.
W prohibit storage of toxic, radioactive, or other hazardous materials
within the aquatic preserve.
(L1 Prohibit mosquito control practices within the aquatic preserve that
require habitat modification or manipulation (i.e. diking, ditching) unless
there are no reasonable alternatives and failure to conduct such practices
would result in a threat to public health.
(M) Limit pesticide and biocide use within the aquatic preserve to those that
are approved by the Environmental Protection Agency (EPA) for wetland and
aquatic application.
(N) Prohibit the construction of new deep water ports within the aquatic
preserve boundaries.
(0) Insure that artificial reef construction does not adversely impact
environmentally fragile areas within the aquatic preserve and that the
construction will maintain the essentially natural condition while enhancing
the quality and utility of the preserve.
(P) Manage state-owned spoil islands within the aquatic preserve as bird
rookeries and wildlife habitat areas.
25
(0) Encourage public utilization of the aquatic preserve, consistent with the
continued maintenance of its natural values and -Functions.
(P) Develop a well coordinated aquatic preserve managementmechanism
that recognizes and utilizes local government programs and authorities.
•
(5) Require, through the efforts of DER, water management districts, and
mosquito control districts for the maintenance or the naturally high water
quality of the estuary, to ensure the natural seasonal flow fluctuations of
freshwater into the estuary and the greatest interaction possible of mosquito
impoundment with the Indian River Lagoon.
(T) Evaluate the various habitat types and resources as representative
conditions for restoration models. Develop a system plan for habitat
restoration and work in conjunction with other agencies in its application.
(D) Apply the management criteria contained in the adopted Indian River -
Malabar to Vero Beach Aquatic Preserve Management Plan to all subsequent
legislative additions of land to the aquatic preserve,
(V) Encourage the assistance of federal, state, and local government agencies
in implementing the aquatic preserve management plans, especially in the areas 6
of protection of natural and cultural resources and the enforcement of
applicable resource laws and ordinances.
(W) Marinas shall not be located in Class 1 or 2. Resource Protection Areas.
26
b
7
M Identify and document any problems caused by fishing activities and
report them to the Marine Fisheries Cotwission. Enforce any rule adopted by
the Marine Fisheries Commission and approved by the Governor and Cabinet.
(Y) Insure that aquatic preserve management plans are consistent with all
other state and local planning processes and completed plans that may impact
aquatic preserves.
(2) Recognize that successful shellfish culture and harvesting efforts in the
aquatic preserve are dependent upon pollution prevention and abatement
programs and careful comprehensive planning.
27
Chapter IV
RESOURCE DESCRIPTION
The Indiar giver Laoocn System is a dynamic, lagoonal estuary important in
this region for its value to recreational and commercial fishing, boating and
prime residential development. The lagoon supports one of the richest and
most productive aquatic faunas within the continental United States. No other
estuary has revealed such a large variety of plants and animals and greater
concentration of rare and endangered organisms (Gilmore, in prep.). Over 400
species of fish, 260 species of molluscs and 479 -pecies of shrimp and crabs
are associated with this aquatic system. Hard clams have replaced oysters as
the most important commercial shellfish in Rrevard County. The most produc-
tive area lies between Cape Malabar and Micco and approximately 200 fishing
boats have been observed there (department of Natural Resources, 1984). This
area's attributes attract many visitors and new residents every year and as a
result, development is increasing along the Indian River and surrounding
tracts of land.
F The lagoonal estuary provides important habitat and nursery ground for an
is
extensive array of fish and wildlife (Appendix C). The major problems in the
continued health of the lagoon are the large amounts of fresh water released
by several man-made drainage systems, mosquito impoundments restricting
nutrient flow, and water quality problems associated with agricultural
29
drainage and urban runoff. Oualitative evaluation of the aquatic preserve
resources has been hampered by a lack of data on the exact effects of the
above problems.
Detailed information on the resources (e.g., species lists, water quality .0
information, archaeological and historical site information, life histories.
geological background, supporting maps, and cultural resource information) is
located in Appendices C and D. The resource information presented in this
chapter is intended to be generally descriptive of the major managemert
functions and resources of the area surrounding the preserve.
A. Geolooical Features and Landforms.
The East Central Coast of Florida is characterized by its relatively straight
shoreline, and linear barrier islands which extend almost the entire length of
the Florida peninsula. The Atlantic Coastal Ridge lies to the west of the
lagoon on the mainland and is parallel to the Atlantic Ocean coastline, This.
low ridge diverts rainfall towards the Indian River lagoon, and consists of
relatively permeable sandy soil. These features and other landforms along the
coast reflect several sea level changes that occurred since the beginning of
the Quaternary Period (Kofoed, 1963),
kr
In the late Pleistocene (125,000 years before present (B.P.)) sea level was
higher than today and covered the present barrier island as an offshore sand
bar formed on the shallow shelf. Only the central highlands of Florida were
above water. The entire Indian River lagoon was covered, but the depth was
30
shallow. enough to permit growth and deposition of sea shells. The resulting
littoral formation known as Anastasia orderlies the Indian; River (Rouse,
1981).
W
Between 6,000 and 3C,f]OO years F.P., sea level retreated and exposed the
C
lagoon bottom to air. Pe,position of sediments through wind and {resp water
-transport partially filled the lagoon until the last great ice sheets melted.
The subsequent rise in see level inundated the lagoon and created the brackish
water environment of today.
The long, narrow chain of barrier islands acts as the first line of defense of
the mainland against storm surges. Historically, narrow points of the barrier
islands have been breached during storms. The temporary shallow inlets which
formed, later closed due to siltation. Man's intervention through dredging
and Stabilization of Sebastian inlet (the only connection with the Atlantic
Ocean in this aquatic preserve), has allowed saline water to mix with fresh
water, creating the lagoon environment that is found today. Because Sebastian
Inlet is the only connection between the lagoon and the ocean in this area,
the aquatic preserve is microtidal and generally protected from coastal
storms.
B. Community Associations.
The plant communities of the Indian River lagoon basin are a major factor in
the continued health and productivity of the natural systems in the preserve.
This section will also reference some of the major animal species associated
with these plant communities. The major community associations recognized in
31
the preserves are mangrove forests, marine grassheds, drift algae, saltmarsh,
ovster bars, tidal flats and spoil islands. Each commur;ty is presented
separately although in reality these communities are sometimes mixed or
overlap. Final subsections address the animal life and endanc,ered species
within the aquatic preserve.
s
s
1. VZngroves. The four species of mangrove trees in the Indian River Lagoon
represent the dominant vegetational association. The mangroves range from
twelve to thirty feet in height and generally inhabit the low energy shore-
lines of the estuarine system.
The four species of mangroves occurring here are the red mangrove (Ahizophora
mangle) which is dominant, both in and near the water at low tide level; black
mangrove (Avicennia germinans) generally inland of, but sometimes mixed with
reds; white mangrove (Laguncularia racemosa) generally upland of, but also
mixed with blacks; and buttonwood (Conocarpus erecta) upland of and mixed with
whites. These mangrove association species generally indicate areas of
frequent (red mangrove) to infrequent (white mangrove) saline inundation.
There are many variations of the mangrove community within the area. The
major variation is the fringe mangrove which occurs along the shorelines of
the embankments, river, creeks and other waterways. All four species can
appear in this variation, both in zones and mixed as described above. There
are also areas of overwash where the mangroves are standing in water with
little or no associated uplands. This variation is generally dominated by red
mangroves (Qdum et al., 1982). The mangrove species have various root
structures, i.e., prop roots and pneumatophores (the aerating root spikes of
32
the black nangroves; and extensive underground root mats which capture and
stabilize sediments in the estuarine waters and function as ars erosion control
buffer in other areas. These root networks recycle nutrients and rinerals
frog the fallen mangrove leaves and anaerobic soil substrate by returninc them
if to the estuary as detritus. This is the primary basis of the estuary's food
chain and productivity ('Heald and Cdum, 1970). The mangrove canopy and root
6
tangle also provide valuable habitat for many marine and estuarine organisms
{Savage, 1972}. The entire community also functions to buffer the uplands
from storm tides and winds, and acts as a storage area for those waters.
The mangrove community types and various locations indicate that they can
adapt to many situations, but they are susceptible to both natural and man -
induced disturbances. The natural disturbances can come from -Freezing
temperatures, hurricanes, new pass formations or changes in sea level.
Hurricane damage, although not experienced in the recent past, is a potential
threat to these communities. Man induced disturbances in this area include
mosquito impoundments that changed the mangrove diversity and detrital con-
tribution to the lagoon. A Division of Marine Resources 'Fishery Habitat Loss
Study found that 75 percent of the Indian River Lagoon's mangroves are now
within mosquito impoundments. Other disturbances include dredge and `ill
activities that destroyed mangrove areas, and erosion and other forces that
may be attributed to man.
Man's more subtle influence on the mangrove cornm unities is not as fully
understood as the natural forces that cause the direct removal or killing
of the trees. The effects of changing the upland drainage pattern, both by
bulkhead placement, shoreline modification and drainage canals, need much more
33
study. The placement cf extensive bulkheading along waterways has destroyed
or preempted mangrove growth in some areas.
Protection of the extensive mangrove communities in the preserve will be a
major task of this plan's management activities. The policies and practices
of this management are addressed in Chapter V, Section S.
s
Other vegetation associated with the mangrove communities includes: salt grass
(Oistichlis spicata); smooth cordgrass (5partina alterniflora); glasswort
(Salicornia sem.); sea purslane (Sesuvium portulacastrum); saltwort {Ratis
maritima); sea ox -eye (Porrichia frutescens), and sea lavender (Limonium
cardinianum).
The tree canopies and root tangles provide habitat for various animals. These
community types are utilized by a wide variety of invertebrates, fishes,
amphibians, reptiles, mammals and birds (Table 1).
4. Marine Grassbeds. Marine grasses are submerged flowering plants which
stabilize sediments, entrap silt, recycle nutrients, provide shelter, habitat
and substrate for animals and other plant forms, provide important nursery
grounds for many vertebrates and invertebrates in addition to shellfish, and
are important direct food sources (Odom, 1974; Wood et al., 1969). The S
grassbeds are very productive, possibly the most productive habitat within the
estuary. These beds serve as a food source for the endangered manatee
(Trichechus manatus), important nursery areas for juvenile forms of fish and
shellfish, and as substrate for many epiphytic algae species eaten by
invertebrates which are in turn eaten by the fishes. Many commercially
34
Mammals
Birds
Table I
ANIMAL LIFE ASSOCIATED VI T H THE MANGROVE COM'4UNITY
marsh rabbit
bobcat
raccoon
rice rat
brown pelican
double -crested cormorant
anhinga
white ibis
creat blue heron
little blue heron
green backed heron (green heron)
tri -colored heron (Louisiana heron)
black -crowned night heron
yellow -crowned night heron
snowy egret
creat egret
cattle egret
reddish egret
blue -gray gnatcatcher
recd -winged blackbird
cardinal
pileated woodpecker
belted kingfisher
prairie warbler
Repti 1 es
diamondback terrapin
Fishes
tarpon
snook
gray snapper
rainwater killifish
• gobies
sailfin molly
striped mojarra
grouper and sea bass
permit
35
Table I (continued)
Fishes (continued)
redfin needlefish
striped anchovy
ladyfish
roughtail stingray
hull shark
lemon shark
Invertebrates
oysters
shrimp
snails
blue crab
fiddler crab
mangrove tree crab
mosquitoes
Sources; Barile, D.D. Coastal zone protection element for the Palm Bay, FL
Compprehensive Plan. Center for Coastal zone Research, F'I1',
Melbourne, FL. 1978.
Fernald, et al. The Sebastian Inlet -Ft. Pierce Inlet Barrier
Islands. A Profile of Natural Communities, Development irenas,
and Resource Management Guidelines. 198?.
Gilmore, et al. Fishes of Indian River Lagoon and Adjacent Slaters,
Florida. 1981.
U.S. Fish and Wildlife Service. Atlantic Coast ecological inventory
map. U.S. Government Printing Office, Washington, D.C. 19€30.
36
important fishes spend at least part o'F their lives in these grassbeds
{Ziemar, 1982) (Table TO.
The most common marine grass found in this portion of the Indian, River lagoon
d is Cuban shoal grass (Halodule wrightiO. The next dominant is manatee grass
(Syringcdium filiforme). Another marine grass found in the lagoon is widgeon
grass (Ruppia maritima) (Thompson, 197F?.
Detailed mapping of marine grassbeds are in Appendix 0 {Resource Protection
Area Mapping). Generally, the more expansive areas of grassbeds in the
estuarine complex are in shallows water with a fairly constant salinity. These
shallow areas are prime fish habitat and are vulnerable to damage by boating
activities. The marine grassbeds are Sensitive to turbidity and, as a result,
are vulnerable to dredge and fill activities.
t•'ithin the Indian River -Malabar to Vero Reach area, grassbeds are found mainly
along the eastern shoreline, and in scattered patches on the western shoreline
(Thompson, 1976). Seagrass coverage and diversity appear to vary seasonally,
yearly and possibly in longer cycles. The preliminary findings of a Division
of Marine Research Fishery Habitat Loss Study is that approximately 30% of the
original grassbed coverage has been lost in the Indian River Lagoon. On a
A, shorter time basis the clamming industry has been regulated to prevent clam-
ming within marine grassbeds, but there has been a concern that the use of
clam rakes along the edges of grassbeds is destructive to the bed and can
restrict the beds potential growth.
Marine grassbeds are a primary vegetation community and will be used as a key
indicator in measuring the,natural condition of the aquatic preserve.
37
e
Mamma 1 s
Birds
Table II
ANIMAL LIFE FOUND IN MARINE GRASSRED APEAS OR
GENERALLY ASSOCIATED WITH THIS C0tf11UR'ITY
AND DEEP WATER AREAS
battle -nosed dolphin
manatee
brown pelican
double crested cormorant
osprey
least tern
belted kingfisher
bald eagle
great blue heron
Louisiana heron
great egret
reddish egret
white ibis
roseate spoonbill
common loon
horned grebe
magnificent frigatebird
pintail
green -winged teal
blue -winged teal
American wigeon
northern shoveler
lesser scaup
ruddy duck
red -breasted merganser
herring gull
American coot
Forster's tern
royal tern
Caspian tern
laughing gull
black skimmer
ring -billed gull
black -bellied plover
willet
Reptiles
diamondback terrapin
f Lel
Fishes
Florida blenny
tarpon
bluntnose stingray
Atlantic strina_ra_v
cownose ray
sea catfish
gulf killifish
rainwater killifish
sheepshead
sailfin molly
snook
gray snapper
striped mullet
white mullet
bull shark
lemon shark
ladyfish
scales sardine
striped anchovy
gulf pipefish
pigfish
silver jenny
mojarra
spotted seatrout
southern kingfish
black drum
red drum
pinfish
mosquito fish
great barracuda
spot
silver perch
permit
leatherjacket
tidewater silverside
lined sole
crevalle jack
chain pipefish
gulf pipefish
Irish pompano
bay whiff
code goby
clown goby
darter goby
bogjead searphob
Table II (continued)
40
Table II (continued)
Fishes (continued)
gulf flounder
southern puffer
striped burr -Fish
gafftopsail catfish
Atlantic thread herring
yellowfin menhaden
Atlantic menhaden
Invertebrates
Pink shrimp
stone crab
blue Crab
spiny lobster
Northern quahog
Southern quahog
Sources: Barile, L.D. Coastal Zone Protection element for the Palm Bay, FL
Cori rehensive Plan. Center for Coastal Zone Research, FIT,
Mel�ourne, FL. 1978.
Department of Natural Resources. Profile of the hard clam industry.
in Brevard County. Tallahassee, Florida. 1984.
Fernald, et al. The Sebastian Inlet -Ft. Pierce Inlet Barrier
Island. A Profile of Natural Communities, Development Trends,
and Resource Manaqement Guidelines. 1982.
Gilmore, et al. Fishes of Indian River Lagoon and Adjacent Waters,
Florida. 1981.
U.S. Fish and Wildlife Service. Atlantic Coast ecological inventory_
map. U.S. Government Printing Office, Washington, n.C. 1980.
41
Sea -grass coverage and diversity appear to vary seasonally, yearly and
possibly in longer cycles, and this should be taken into consideration.
Protection of marine grassbeds will be a maor consideration in the field and
administrative review of use proposals !See Appendix W.
I
The invertebrate `auna and algal flora associated with these grassbeds can be
rich and diverse, depending on the specific area. Two commercially important
clam species, Northern quahog (Mercenaria mercenaria) and the Southern quahog
(Nrercenaria campechiensis) are often found associated with marine grassbeds
and algae !DNR, 1984}. There is a need for more data on the effects of
intensive clam harvesting on the grassbeds and the shellfish resource itself.
This O ll become increasingly important as mariculture efforts in the area are
expanded.
3. Drift Algae. Drift algae are important associated components of the
marine grassbed system in the preserve. There are some GO species of red,
brown and green algae that are either interspersed with or grow on marine
grasses. These algae begin as attached forms on the grass blades and
eventually break loose to drift. These floating algal mats become substrata
for numerous invertebrates, associated algae and fish. The drift algae
communities may provide better re�uge for many organisms than marine grasses.
These communities occur throughout the lagoon (Benz et al., 1979; Eiseman and `
Benz, 1_975; Gore et al., 1981; Kulczycki et al., 1981; Virnstein and Howard,
in press).
4. Saltmarsh. Historically, this habitat was commonly converted to mosquito
impoundments and only a small percentage of the original acreage remains open
42
to the lagoon today. In this region, this community is general'y forced out
by the more dominant mangroves. The saltmarsh grasses crow ir transitional
areas between mangroves, freshwater marshes and salt -barren areas. Some of
these transitional areas are also at elevations (i.e., landward of the mean
It high water line) that technically may put them outside the aquatic preserve
boundary (unless the uplands are state-owned).
The species within this community are smooth cordgrass (Spartina
alterniflora), saltwort (6atis maritima), glasswort (Salicornia virginica),
salt grass (Distichlis spicata) and sea ox -eye (8orrichia frutescens),
This community can also have mangroves, cabbage palms, and exotics mixed
in with the vegetation. The type of vegetation present varies with the degree
of tidal inundation, the influence of other vegetation, the amount of
disturbance by ditching and diking, and the amount of freshwater drainage from
the uplands. The saltmarsh grass community recycles nutrients, contributes to
the estuarine productivity, and provides shelter and habitat to a variety of
animal life (see Table III).
5. Tidal Mats. A tidal flat in the estuarine complex describes a wide
variety of habitats that may have sporadic vegetation varying from grassbed,
saltmarsh and drift algae communities, to no vascular vegetation at all.
There is extensive algal growth in these areas. The tidal flats are used
■
primarily by shore and wading birds as feeding and resting areas (Barnett et
al., 1980). These areas are also valuable for invertebrates, including crabs,
oysters, and worms.
43
Table III
ANIMAL LIFE COMIMONLY -ASSOCIATED WITH SALTMARSH p'AS5 COMMUNITIES
Mamma 1 s
marsh rabbit
hispid Cotton rat
raccoon
Reptiles
diamondback -terrapin
garter snake
Fishes
Birds
bay anchovy
rainwater killifish
gulf killifish
sheepshead minnow
mosquitofish
striped mullet
osprey
nighthawk
chuck -will's -widow
purple martin
great blue heron
green heron
great egret
snowy egret
Louisiana heron
least sandpiper
spotted sandpiper
black -necked stilt
ring -billed gull
laughing gull
black tern
red knot
tree swallow
barn swallow
common yellowthroat
sharp -tailed sparrow
red -winged blackbird
45
Table III (continued)
Invertebrates
crabs
snails
warns
z
V
Source: Fernald, et al. The Sebastian Inlet -Ft. Fierce Inlet Barrier
Island. A 'Profile of Natural Communities, Development Trends, and
Resource Management Guidelines. 1982.
Gilmore, et al. Fishes of Indian River Lagoon and Adjacent platers,
Florida. 1981.
46
0
Tidal flats, corsisting of estuarine beaches, areas waterward of the
mangroves, spoil areas, shoal areas, and mud flats, are re,portan+ to the
estuary through their contribution to the algal production. The mollusk,
crustacean, and worm communities feed on both the algae and materials from the
other plant communities of the estuary. The bird life is dependent on these
areas for feeding and some o- these flat areas surround colonial resting sites
in the estuarine complex. The ecological role of these various tidal flat
areas is not fully understood, but it is known that they are important
habitats (Table 1V).
b. Oyster Bars. The oyster performs a valuable function in the food web by
converting plankton, detritus and possibly dissolved organics into animal
protein, which is then available to higher predators (Tabb et al,, 1974). The
substrate formed by the oyster colonies occurs in areas where there are ro
other hard substrates. These oyster bars create habitat space that is unique
to the lagoon (see Table V). The oysters and the associated animals are
utilized by other animals which feed on or around the oyster bars. Clyster
bars were once fairly abundant in this preserve, however, their distribution
is declirinq, possibly due to salinity changes. There still remains an active
oyster industry in the Grant and Sebastian areas although the more lucrative
clamming industry is rapidly replacing it.
7. Deep Water Areas. These areas within the Indian River Lagoon include
Sebastian Inlet, channels, rivers, creeks, and other deep water areas.
These areas are important to tidal flushing and are necessary for a healthy
estuary. The deep waters also allow predator fish access to the lagoon.
47
A
Table IV
ANIMAL LIFE COMMONLY ASSOCIATED WITH TIDAL FLATS
OF THE 1NDIAM RiVEP, LAGOON
Mammals
raccoon
Birds
brown pelican
white pelican
great blue heron
yellow -crowned night heron
white ibis
American oystercatcher
whimbrel
roseate spoonbill
black -bellied plover
piping plover
semipalmated plover
1�!i l son's plover
ruddy turnstone
spatted sandpiper
fish crow
black skimmer
Caspian tern
greater yellowlegs
lesser yellowlegs
willet
red knot
least sandpiper
dunlin
western sandpiper
shore -billed dowitcher
black -necked stilt
herring gull
ring -billed gull
laughing gull
Forster`s tern
least tern
sandwich tern
sanderling
49
Table IV (continued)
Invertebrates
crabs
worms
snails
a
4
Source: Fernald, et al. The Sebastian inlet -Ft. Pierce Inlet Barrier
Island. A Profile of Natural Communities, Development Trends,
and Resource Management Guidelines. 1982.
50
F
•
Tabl e V
ANIMAL LIFE COMMONLY ASSOCIATED WITH OYSTER BARS
Invertebrates
marine worms
clans
ophiurcids [brittle stars]
snails
barnacles
crabs
shrimp
amphipods
tunicates
bryozoans
girds
American oystercatcher
dunlin
spotted sandpiper
little blue heron
fish crow
wi l l et
yellow -crowned night heron
ruddy turnstone
Source: Fernald, et al. The Sebastian Inlet -Ft. Pierce Inlet Barrier.
Island: A Profile of Natural Communities, Development (rends,
and Resource Management Guide'lInes, 1382.
51
The bottle -nosed dolphin and manatee are important mammals potentially found
in these areas.
8. Spoil Islands. The construction and maintenance of the Intracoastal
Waterway channel and Sebastian Inlet resulted in the formation of a chain of
spoil islands within the Indian River Lagoon. These islands, formed by the
deposition of the dredged material (spoil), usually parallel the channel
alignment. These islands have been subected to erosion and accretion from
hinds, currents and boat wakes which have modified the original shape and
placement of many of the islands.
Vegetation on these islands is generally dominated by exotics, such as
Australian Pine and Brazilian pepper. However, the shoreline 4'ringe is
generally vegetated with mangroves and other native wetland vegetation, and
provides valuable habitat to fish and wildlife, especially bird life.
There are close to 55 spoil islands within the lagoon. The spoil islands were
conveyed to the Florida Inland Navigation District (FIND) by the Trustees for
the sole purpose of navigational improvement and they have been dedicated to
recreation and waterbird roosting and nesting habitat. Many of the islands
have been colonized by the brown pelican, white ibis, least tern, snowy egret,
and other nesting birds. These islands have not been developed, with the c
exception of privately -owned Grant Farm Island which has some development on
half of the island.
4. Mosquito Impoundments. Numerous mosquito impoundments have been
developed by diking and impounding high marsh habitats adjacent to the Indian
52
River (Ridlinomayer and McCoy, 1978). Ry manipulating water levels within
these impoundments, prime mosquito habitat can be flooded to prevent
mosquitoes from depositing eggs in tidal areas.
a The impounding and flooding have changed the vegetation, wildlife types and
10
species diversity. The impoundments also restrict and, in many cases,
prohibit the flow of nutrients and fishery interaction within this portion of
the Indian River. These impacts can he mitigated by opening the impoundments
to tidal access during months when mosquito control is not needed (Clements
and Rogers 1964-; provost 1967, 1974, 1976). There is now a wide variation in
management practices for mosquito impoundments. A Subcommittee on Mosquito
Impoundments was established under the Governor's Working Group for Mosquito
Control to help foster improved management techniques, to benefit
environmental and mosquito control concerns.
10. Animal Life. The animal life associated with the Indian River Lagoon
area is historically as diverse as the vegetation. However, with the
encroachment of human activities such as mosquito impoundments, intracoastal
waterway, maintained inlets, spoil islands and other dredge and fill projects,
causeways and roads, much of the original habitat has been modified. These
modifications have caused a variety of changes to the animal life of the
preserve.
The preserve serves both as a valuable recreational fishing and as a nursery
area for fish commercially caught in the Atlantic Ocean. Other species not
directly important to commercial fishing but necessary to its ultimate food
chain also depend on this estuary. The preserve also provides a refuge for
53
species visiting this area during migrations, for daily feeding purposes and
during timet of environmental stress fi.e., drought, storms, development
activities). These visiting species include the manatee and many bird
species.
i
I1. Endangered Species. The combination of the suhtropical climate, diverse
vegetation and habitats, and waterbodies in the Indian River -Malabar to Vero
Beach Aquatic Preserve has resulted in the survival of many species o -r endan-
gered animals. Manatees are commonly found in the Indian River -Malabar to
Vero Reach Aquatic Preserve. The Turkey Creek Zone is recognized as a
protected area under the Florida Manatee Sanctuary Act, Chapter I6N-�^.18.
Cape Malabar to Castaway Point is a slow speed zone while Turkey Creek is
designated as an idle speed zone. Sebastian Creek is presently under study
due to the high incidence of manatee in that area. Activities in the Malabar
to Vero Beach Aquatic Preserve should be managed to guarantee manatee health
and safety (see Chap, V -2d) as the animals move on the Indian River between
important aggregation areas such as Turkey Creek, Table VI provides a list of
other endangered animals known to occur within this lagoon.
C. Archaeological and Historical Sites.
A synthesis of the prehistory of the Florida coastline applicable to the Mala- 4
bar to Vero Beach area was conducted by bevy et al. (19P4). Their research
indicated that evidence of Paleo-Indian occupation in the area was probably
obscured by rising sea levels that inundated possible sites. By 6,540 B.C.
however, there is evidence that the area received sporadic visitation by
Indians, their migrations being influenced by seasonal shellfish abundance,
54
ENDANGERED
* Reptiles
41
Birds
Table VT
SPECIES OF THE IMDIAN RIVER - 14ALABAR TO FEBA5TIAP'
AQUATIC PRESERVE WHICH ARE CLASSIFIED AS
ENDANGERED, THREATENED, OR OF SPECIAL CONCERN
Atlantic green turtle (Chelonia �my d -a -s- m das)
Atlantic ridley turtle ;Lepidochel,ys kempi
leatherback turtle (Dermochelys coriacea)
Atlantic saltmarsh water snake (Nerodia fasciata taenidta)
peregrine falcon (Falco v regrinus)
wood stork (y- terra americana)
Mammals
manatee (Trichechus manatus)
THREATENED
Reptiles
Birds
Atlantic loggerhead turtle (Caretta caretta caretta)
eastern indigo snake (Drymarchon corais couperi)
brown pelican (Pelecanus occidentalis)
bald eagle tHaliaeetus leucocephaius)
American kestrel (Falco sparverius Paulus)
least tern (Tterna albifrons)
roseate tern kSterna dougallii)
SPECIES OF SPECIAL CONCERN
Fishes
common snook (Centropomus undeciTnalis)
55
Reptiles
Birds
American alligator
little blue heron
snowy egret
Louisiana heron
reddish egret
roseate spoonbill
Table VI (continued,
(Alligator mississippiensis)
(Florida caerulea)
Egretta thula)
Uydranassa tricolor)
(Dichrcranassa rufescens)
Oiaia ajaZa)
Sources: Fernald et al. The Sebastian Inlet - Ft. Fierce Inlet Barrier
Island. A Profile of Natural Communities, Development Trends, and
Resource Management Guidelines. 1982.
Florida Game and Fresh Water Fish Commission. Endangered and
Potentially Endangered Fauna and Flora in Florida. October, 1984,
Gilmore, et al. Fishes of 'Indian River Laqoon and Adjacent Waters,
Florida. 1981.
U.S. Fish and Wildlife Service. Endangered and Threatened Wildlife
and Plants. 1984.
56
s
r
It wasn't until 100 A.O. that Indian settlemert in the area rapidly expanded.
At that time there were some mound burials !restricted to individuals of high
status; and shell middens that were composed almost exclusively of oyster
shells. Settlement was heaviest during 800 A.O. to 1513, the latter being the
9 point of first European contact. The Ais Indians, a tribe of the Timucuans,
R
occupied this part of the Florida coast. Ponce de Leor is usually credited
with being the first European visitor to the area, although there is some
speculation that Spanish slave hunters may have arrived first and alienated
the natures, a possible explanation for the poor reception received by Ponce
de Leon. At that time, the Ais population numbered between 500-1500, but
during the late seventeenth century through the first hal-l" of the eighteenth
century, the population was decimated by diseases and incursion from northern
Indian groups (primarily Greek and Cherokee).
The Ais consumed local fish and shellfish and palmetto berries, Coco plums,
cabbage palm and sea grapes. They moved their encampments and.villages
seasonally to avoid flooding and stinging insects. Many Spanish and French
ships wrecked off the coast and the Indians often recovered valuables from
these sites.
Several archaeological sites exist in the Malabar to Vero Peach area. Encamp -
k ments are marked by middens (accumulations of shells and tools used in
cleaning oysters and clams), while villages are identified by the presence of
both burial mounds and middens (Rouse, 1981). Two archaeological sites are
located in Malabar, and one is just south of the town of Grant. Several shell
heaps are located near Micco, a shell midden on the south bank of Sebastian
57
Creek near Roseland, two middens rear Melbourne shores, and numerous middens
and shell heaps located Just south of Sebastian Inlet and on several other
sites throughout the study area (Rouse, 1981, DPNRM, I9F:).
During the Seminole Wars (1835-IP42), the threat of Indian attacks restricted a
settlement along the Indian River (Brevard County Comprehensive Plan, 14B1).
However, the "Armed Occupation Act of 1842" gave 150 acres to any settler who
could hold the land for seven years, marking the real beginnings of develop-
ment in Brevard County. In march, IF44, Brevard County was established by the
Florida Territorial Council. By 1845, the Ais were no longer in existence as
a tribe.
Historically, the Spanish have had numerous ship wrecks on the East Central
Coast of Florida, thus giving it the title of "Treasure Coast". They also
left another treasure; oranges. Spanish law required all Spanish settlements
to plant orange seeds, the precursors of today's orange groves (Kjerulff,
1972).
D. dater Resources.
Water is the one resource whose characteristics most directly affect the
lagoon's habitability and the health of the plants and animals naturally 4
adapted to living there. The natural drainage basin of the Indian River
Lagoon has been modified over the years by agricultural drainage canals and
residential development. There are four canal systems influencing the Malabar
to Vero Beach area.
RN
I
The Sottile Canal (Sebastian Prainage Pistrict), the Fellsmere Main Canal
(Fellsmere Water Control District) and the C-54 Canal (constructed as part o -C
a Federal Flood Control Project) directly affect the aquatic preserve (Clapp
and W"ilkening, 1994). In addition, the Nelbourne-Tillman Water Control
` District, built in the 1920`s, discharges drainage from 200 miles of canals
into Turkey Creek via C-1. The volume of water discharged influences the
11
.water quality found within the aquatic preserve.
As a result of increased urbanization, the flow from these canal systems has
become significant and will continue to increase as development continues.
The urbanization also adds residential source water quality problems (septic
tanks, stormwater runoff) to those from agricultural sources. The agricul-
tural drainage systems, designed to facilitate rapid drainage, permit agricul-
tural and urban water quality problems to overburden the Indian River Lagoon.
There are no sewage treatment plants within the Malabar to Vero Beach Aquatic
Preserve, but five plants, located north of the boundary, potentially affect
water quality in the preserve. Three of the plants discharge into Turkey
Creek. The plants, their design capacities and their average daily flows are
as follows: General development Utilities Plant, 2 million gallons per day
(MGD) and 1.2 MGD; and the two Harris Corporation Plants -150,000 GPD and
it 65,004 GPD; 700,000 GPD and 1.2 MGD. As of January 1, 1987, all plants
discharging into Turkey Creek will go to deep well injection systems that have
already been permitted by DER. A fourth facility, the South Beaches Plant,
located on the beach, has a design capacity of 3 MGD and an average daily flow
of 2.3 MGD. The fifth facility, the West Melbourne Plant, 1.25 MGD design and
operating at 570,000 gallons per day, discharges into Crane Creek.
59
Wastewater treatment along the aquatic preserve in Indian River County is
characterized by small plants from subdivisions, trailer parks, motels and
other developments. These plants represent a range of treatment levels and
methods. The County has recently become more concerned with discharge into,
the Indian River and is inspecting the plants tc see that they comply with
standards.
I
Within the next three to five years, Indian River County will be building
several sub -regional sewage treatment plants to meet the demands of 'ts grow-
ing population. At least one of these plants will be located on the Indian
River and may discharge treated sewage into mosquito impoundments. These
plans will be reviewed for their anticipated impact on the aquatic preserve.
The basic characteristics or the Indian River Lagoon's water resources vary in
response to daily, seasonal, and long term forces associated with climato-
logical factors. Added to this are the artificial conditions created by large
releases of freshwater from the manmade drainage canals, and the water quality
problems associated with agricultural and urban runoff. Some of the water
quality problems in the lagoon include high coliform counts and high levels of
nitrates attributed to the sewage treatment plant effluent and septic tanks
located adjacent to the aquatic preserve area (Brevard County, 1979).
1
Water circulation patterns in the lagoon have been altered by the construction
z
of mosquito impoundments, which prevent free water exchange between large
acreages of wetlands adjacent to the Indian River Lagoon. Dredge and fill
activities (i.e. maintenance of Sebastian Inlet and the Intracoastal Waterway)
destroy valuable wetland areas and temporarily increase turbidity. Other
60
problems associated with man's activities include altered salinity patterns
and pollution loadings resulting from the increased amounts and peak flows of
surface runoff and drainage.
a Although the ?ndian River -Malabar to Vera Beach Aquatic Preserve does have
some water quality problems, as mentioned above, it is still a relatively
41 productive system, when compared to waters of the Indian River Lagoon Aquatic
Preserves to the south. However, the growth this area is now experiencing is
beginning to take its toll on the resources, and strategies must be developed
to maintain or enhance water quality,
E. Cultural.
This section addresses the human influence and development of this area, as it
affects the aouatic preserve. The U.S. Census population for Brevard County
was 230,006 in 1970 and 272,959 in 1980, representing an 18.7 percent increase
(Terhune, 1984). The change in population for the South Beaches (census tract
661.02) is expected to be 62.3 percent; from 2,073 in 1980 to 3,365 in 1985.
For the South Mainland (census tract 652.03) a 44.1 percent change from 5,857
to 8,439 is expected for the same period (Brevard County Planning Department,
1984). The U.S. Census population for Indian River County was 35,997 in 1970
and 59,696 in 1980, a 66.4 percent increase (Terhune, 1984). The percentage
changes in population from 1980 to 1983 for Indian River Shores, Orchid,
r Sebastian, and Vero Beach are 20.6, 21.1, 63.8 and 3.?, respectively. This
graphically indicates that the population increases associated with
residential development in the immediate area are quite significant. These
61
growth pressures on the Indian River Lagoon system increase the potential For
environmental degradation and deleterious effects on water resources and
wildlife.
The proposed Grand Harbor Development of Regional Impact (DRI), located on the
Indian River between Ointer Beach and Vero Reach, covers 677 acres and in-
cludes 3,000 residential units, a resort hotel, golf course, tennis club,
marina and commercial area. Large developments have been proposed for areas
adjacent to the preserve, (e.g., Aquarina and Mullet Creek). The Brevard
County land Use Plan for South Reaches includes the construction of two
causeways within the preserve. These causeways and other large developments
could have a significant impact on the aquatic preserve.
62
it
s
IT A. Introduction
W
Chapter V
RESOURCE MANAGEMENT
The main objective of the resource management plan in the aquatic preserve is
to protect the resources of the aquatic preserves for the benefit of future
generations (Section ?5$.35, F.S.). The management of the Indian River --
Malabar to Vero Beach Aquatic Preserve will be directed toward the maintenance
of the existing or essential natural conditions. This part of the management
plan addresses the policies and procedures which both onsite and administra-
tive personnel will pursue. The onsite management will involve DNR's field
personnel assigned to the aquatic preserve. The administrative management
►gill involve Division of Recreation and Parks' personnel (both in the field
and in Tallahassee) and Division of State Lands' personnel, cooperating in the
review of applications for use of state-owned lands and related activities
surrounding the preserve. These personnel will be interacting with various
government and non-government entities, interest groups, and individuals.
B. Onsite Management Objectives
The onsite management objectives are reflected in the activities that the
field personnel become involved in (i.e., observation, research, public
interaction, emergency responses, etc.) to protect and enhance the resources
within the aquatic preserve. Other activities, such as the interaction with
63
0 -her government and non-government entities, are covered in more detail in
Chapter VI (Vanaaement Implementation Network). The field personnel's duties
are, with respect to management of the various uses of the aquatic preserve,
addressed in more detail in Chapters V11 through XT. The field personnel will
generally be involved in all management activities concerning the Indian River
System.
I. Plant Communities
The communities of aquatic and wetland plants within the Preserve perform five
major functions vital to the health and productivity of the estuarine system:
a. they tend to stabilize geologic. features in the face of dynamic
farces (i.e., currents, tides, winds, and waves), which often
act in concert to both erode and deposit;
b. they create, from recycled nutrients and solar energy, the
organic material that fuels the estuarine food web which
supports the area's fisheries, endangered species, migratory
waterfowl, colonial waterbird nesting colonies, raptors, marine
mammals, and marine and estuarine invertebrates;
c. they provide protected fisheries habitat for spawning and juvenile
development, many of which are of economic importance to the
commercial fisheries of the state and the nation;
d. they provide roosting and nesting habitat for water birds; and,
64
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it
4
r
T
e. they physically buffer estuarine and riverine waters from
contaminated and channelized runoff from uplands s0 thin the
estuarine watershed and, in some cases, buffer the uplands from
storm waves and winds,
The management objectives for plant communities will be to maintain and
enhance these functions. Because these plant communities are critically
important to the well-being of the Preserve, a program to work toward the
protection and restoration of those communities now damaged or destroyed by
human activities should be developed.
Vanagement Policy
a. Field Familiarization and Documentation. Field personnel will become
familiar with the plant species and communities present in the aquatic
preserve, and locations of their occurrences.
b. Literature Familiarization. Field personnel will assemble a working
library of existing pertinent literature concerning the species and communi-
ties present in the aquatic preserve. Staff will become familiar with the
ranges, life histories, ecological requirements, productivity, importance to
water quality, contribution to landform stabilization, wildlife habitat
provision, fisheries habitat provision, and fisheries food production of the
plant communities within the aquatic preserves.
c. Preparation of Guidelines for management of Endangered Species. Field
personnel, based on their field observations and literature reviews, will
65
develop maps (using 7.5 minute quadrangles) snowing the locatiors of
threatened and endangered plant species within the aquatic preserve. A set of
management guidelines for each species, outlining the habitat requirements and
the methods to sustain and/or restore these habitats will be developed. Field
personnel, in the course of documenting the occurrence of threatened and i
endangered animals, will develop maps showing the locations and types of plant
r
communities used by these animals for nesting, roosting, feeding, resting,
spawning, etc., Literature information and personal observations will then be
used to develop guidelines for maintaining (or restoring if necessary) the
"critical habitat" required by each species.
d. Monitoring of Plant Communities for Natural Changes. Field personnel will
become familiar with the use of aerial photography and LANDSAT imagery, for
the study and monitoring of plant communities (historically and at the present
time) and ►gill use this remote sensing in conjunction with field observations
to monitor and document natural changes such as:
1. freeze damage to, and recovery of, mangrove communities:
2. rind and wave damage to mangrove communities from storms and
hurricanes;
3. accretion -related seaward extension of mangrove communities;
4. erosion -related landward retraction of mangrove communities;
S. depositional burying of marine grassbeds communities;
a
5. invasions of exotic plant species and revegetation by native
species after exotic plant removal projects;
7. pathogen damage to and recovery of plant communities; and
F. disturbance or destruction ❑f marine grassbeds by clam
rarvestinq methods.
e. Identification of Areas and Communities in Need of Res+oration. Field
i
personnel will, as time permits, systematically survey the aquatic preserve to
s
IP
determine the location, nature, and extent of environmental damaces from human
activities and assess the possibility of restoring each site according to whe-
ther the site is publicly or privately owned, and the cost and effort
required.
f. Protection o` Plant Communities. Field personnel shall protect the plant
communities from the various uses of sovereign lands within the aquatic
preserve according to the following guidelines.
1. Field personnel in their biological reports shall not recommend for
approval any proposed use of sovereignty submerged lands when the
plant communities in the proposed use area appear to be jeopardized.
i. Pruning of mangroves shall only be permitted for minimum
access from the mean high water line to a dock or pier.
The destructive clearing of mangroves in sovereignty lands
shall be strictly prohibited.
ii. Marine grassbeds communities shall not be removed or shaded to
such an extent as to cause the death of a significant area of
the community. They shall not be subjected to unacceptable
turbidity, decreased light penetration, propeller or net damage.
67
?. Field personnel shall be notified of applications for uses of
submerged lands within the acuatic preserve by the Bureau
o{ Environmental Land Management central office. No applica-
tions will be approved within. Class 1 and ? Resource Protection.
areas (see section B{6) of this chapter) without a thorough
review by the field personnel. _The field personnel will
inspect the site, assess the potential impacts to the plant
communities, and then convey their recommendations to the
central office as required.
3. Field personnel will initiate various educational programs
and supplement existing educational programs designed to
increase public awareness of the damage that recreational, private
and commercial uses (i.e., propeller damage) can inflict on
marine grassbed communities. Education programs can also he
undertaken with other federal, state or local groups (i.e., Florida
Sea Grant, school boards, etc.)
4. Field personnel will develop an exotic plant control and
removal plan after monitoring the rate and extent of invasion
by exotic species, such as Brazilian pepper, Australian pine, and
melaleuca. if
M
5. In cooperation with the East Central Florida and Treasure Coast
Regional Planning Council, field personnel will familiarize them-
selves with the results of a study under the Coastal Energy Impact
10
program, in assessing the potential impacts of an oil tanker spill or
drilling rig accident on the natural resources cF the Indian River
Laaoon.
g. Restoration of Plant Communities. Field personnel will consult with
professionals in the wetlands restoration/revegetation field to determine the
advisability of using healthy beds of marine grasses as a stock source to
restore damaged grassbeds. They will develop guidelines For restoring marine
grassbeds in the aquatic preserve.
Field personnel will identify easily accessible mangrove communities within
the aquatic preserve where a nigh density of mangrove seedlings could serve as
a nursery stock source for transplanting to restoration sites. Field personnel
will consult with professionals in the wetlands restoration/reveoetation field
concerning proven procedures for transplanting and nurturing mangroves, and
will develop guidelines for restoring mangrove communities in the aquatic
preserve. The restoration of mangrove communities has developed with proven
planting techniques and habitat development. The restoration of marine
grassbeds has not developed to the same level of proficiency at this time
within the Indian River Lagoon.
In the event that plant restoration is required as the result of a permit
application with DER, or as a result of any other process, the field personnel
will be responsible for monitoring the restoration activity. This may include
advising the individuals involved in the restoration work on the best tech-
niques under the available restoration guidelines. The field personnel will
monitor the success of the restoration project after the work is completed.
h. Identification of Research heeds. Field personnel will identify research
needs concerning plant communities within the aquatic preserve with special
emphasis given to data needs that would increase the capability of field
personnel to manage plant communities under environmental stress, and'to
determine threshold tolerances for plant community health and diversity in 10
relation to degraded environmental conditions.
i. Coordination with Other Researchers. Field personnel will become familiar
with research protects being conducted within the aquatic preserve by state
and federal agency biologists and non-government researchers. Water quality
research issues, as they affect plant communities, should also be closely
followed. This familiarization should lead to a better understanding of both
agencies' personnel and a better awareness of the data findings ani! uses. The
research liaison will also be addressed in Chapter Y (Scientific Research).
I.. ANIMAL LIFE
The richness of the animal life of the Indian River area is important to the
designation of the aquatic preserve. The fish, shrimp, and crabs within the
aquatic preserve, both in the estuary and offshore, are valuable resources on
which recreational and commercial fisheries depend. Large areas of undis-
turbed wetlands are excellent habitat for many types of wildlife. These wild-
life include an extensive list of endangered species, migratory waterfowl,
colonial waterbirds, invertebrates and vertebrates.
70
L
The management ob"ective for animal life within the aquatic preserve will he
the protection through preservation of habitats and living conditions in the
host natural condition possible.
MANAREMENT POLICY
a. Field Familiarization and Documentation. Field personnel will become
familiar with the major animal species in each habitat in the aquatic
preserve. This identification process will include the location, number,
season of sighting, weather conditions and any other factors which may be
necessary to build a working knowledge of the species, and their interaction
and occurrence in the aquatic preserve.
b. Literature Familiarization. The field personnel will assemble a working
library of existing literature concerning the major animal species and
communities within the aquatic preserve. The field personnel will become
familiar with life histories, ecological requirements, position in the
community, habitat and other factors necessary for sound management.
c. Preparation of Guidelines for the Management of the Endangered Species
Within the Aquatic Preserve. The field personnel will become familiar with
the guidelines of the Florida Came and Fresh Water Fish Commission, U. S. Fish
and Wildlife Service, Department of Natural Resources' Division of Marine
Resources, National Marine Fisheries Service, Marine Fisheries Commission, and
any other applicable agencies and non-government organizations involved in the
71
management of endangered species. These guidelines will be used in conjunc-
tion with the field familial,i7ation, documentation, end mapping to develop
management guidelines for each endangered species within the aquatic preserve.
Special guidelines shall be developed and implemented for the management of
areas within the aquatic preserve that are identified as critical habitat for "
endangered species.
a
d. Manatee Management. When applications for use of submerged lands within
the preserve or adjacent upland activities will affect a manatee sanctuary or
manatees known to use an area (see Chap. :1'47), field personnel will notify
the State Manatee Coordinator. These applications or activities will require
the cnordinator's authorization and approval before they can be recommended by
BFLM. Field personnel will also work, with the coordinator ir, the practice and
procedures of the following activities:
i. Monitor the preserve for manatee activities and maintain a manatee
sighting map for the preserve. This mapping will take special note
of large seasonal aggregations. A manatee reporting and data
collection system will be established and will make use of other
government personnel and private individuals where possible.
ii. Identify and map shallow water and narrow areas where manatee
boat/barge collisions are more likely. r
iii. Identify any other areas for additional manatee sanctuaries, special
channel marking, and slow speed zones.
iv. Applications for use of submerged lands will be reviewed for design
and operation that are least dangerous and disruptive to manatees.
72
Approved uses within manatee use areas should require manatee caution
signs and any other requirements that will guarantee manatee health
and safety.
v. The creation of new marinas and multiple slip residential docking
' facilities should he prohibited in manatee sanctuaries and severely
limited in identified manatee use areas. The significance of a
ti
threat by such proposed facilities shall be established by the State
Vanatee Coordinator,
vi. The creation of canals and basins within or contiguous to manatee
sanctuaries shall be prohibited.
vii. Assist local governments in the incorporation of rranatee issues into
their marina siting elements.
viii. Schedule and monitor activities within manatee use areas during
seasons of lowest use.
ix. Assist in public awareness education efforts.
e. Monitoring Changes in Animal Populations. Field personnel will study and
monitor changes in animal species that are caused by natural phenomena, such
as:
i. freezes;
ii, storms and hurricanes;
iii. changes in habitat due to changes in plant types;
iv. changes in habitat due to water quality changes; and
v. geologic or hydrologic changes including erosion,
estuarine current flow changes, and any other physical
changes.
73
f. Protection of Animal Life From Humar, Uses of the Rauatic Preserve.
Field personnel, during the process of resource impact analvsis in the review
of use applications in or affecting the preserve, shall consider the
protectior of animal species. The review shall also consider the potential
effects of the proposed use on the plant communities as they function as IF
habitat for the animal life and rises that may cause a disturbance in the
natural activities and functions of the animal life (e.g., air pollution,
excessive noise or bright lights affecting a bird rookery. The field
personnel should be notified of any proposed activities (e.g., seismic
testing, mammal capture by permit) within the aquatic preserve that might
affect the well-being of animal life and should be involved in planning the
activity so as to cause the least amount of stress on animal life.
The field personnel will also work with Division of Marine Resources in
research and monitoring various fishing techniques that may be destructive to
habitat resources and nontarget animal life.
g. Identification of Research Needs. The field personnel in the course of
their duties shall identify research needs required to improve the management
of animal life in the aquatic preserve. This identification process is more
fully described in Chapter XII (Identified Program Needs).
x
h. Coordination with Other Researchers. Field Personnel will become familiar
1W
with research projects conducted within the aquatic preserve by state and
federal agency biologists and non-government researchers. This
familiarization should lead to a better understanding of both agencies'
74
}
r
personnel and a better awareness of the data findings and uses. The research
liaison wil' also be addressed in Chapter X (Scientific Research).
GEOLOGIC FEATURES
The management of geologic features will require that the field personnel
become aware of the natural geologic features and the chances, both human and
natural, which affect these features within the aquatic preserve to better
enable a review of applications for state-owned land uses that might affect
these features. These geologic features will include inlets, islands, shoals,
shorelines, embavments, and channels. The overall objective of the management
of these Features is to allow the naturally dynamic system to operate without
man's influence or interference. Active management in this area shall include
the review of proposed uses that might affect the geolonic features within the
aquatic preserve. The majority of these reviews will probably concern
bulkheads, bridges and channels as they might affect state-owned lands. The
objective in the placement of bulkheads on lands upland of the aquatic
preserve shall be that the natural contour and drainage be altered to the
least amount practicable. The use of rip rap with mangrove or other suitable
native plantings would be preferable to bulkheads within the preserve.
Bulkheads are not allowed within the preserve, except as stated in Sections
258.42(2), and 258.44 F.S. and in accordance with the management objectives of
the preserve.
Existing bridges and causeways within other sections of the Indian River have
resulted in losses of grassbeds and mangroves. Proposals for bridge and
causeway construction within the preserve will be reviewed in light of these
75
potential impacts. Causeways restrict natural flushing and create unnatural
circulation patterns.
Maintenance dredging of existinn channels should also be carefully studied to
remove conditions that require perennial maintenance and chronic environment2i
disturbances. New channels also have the potential to adversely impact the
aquatic preserves, with varying influences in each preserve, depending on
channel location.
The field personnel shall also be involved in the review of project proposals
submitted to Other agencies, such as the U.S. Army Corps of Engineers,
Department of Environmental Regulation, the Department of Transportation or
the plater Management Districts, and shall formally review and comment on any
permit application that impacts the acuatic preserve. These projects shall be
reviewed jointly with those agencies' personnel whenever possible. The field
personnel will review these projects on behalf of the aquatic preserve and its
resources.
4. ARCHAFOLDGICAL AND HISTORICAL SITES
Archaeological and historical sites have several characteristics which must be '
recognized in a resource management program.
i. They are a finite and non-renewable resource.
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ii. Each site is unique because individually it represents the
tangible remains o{ events which occurred at a specific time and
place.
iii. While these sites uniquely re-Plect localized events, these
events and the origin of particular sites are related to
conditions and events in rather tines and places. They also
preserve traces of past bictic communities, climate, and other
elements of the envirn rnrent that may be of interest to other
scientific disciplines.
iv. These sites, particularly archaeological sites, are very fragile
because their significance is derived not only from the
individual artifacts within them, but especially from the
spatial arrangement of those artifacts in both horizontal and
vertical planes.
Administering Agency.
The management of the archaeological and historical sites is authorized and
administered by the Division of Archives, History and. Records Management
(DAHRM) in the Florida Department of State. The management authority for this
area of management is presented in Chapter II (Management Authority).
Management Policy.
The management policy presented here is one of conservation, as recommended by
the UAHRM and subject to that agency's changes. Their policy is as follows:
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I
. The field personnel and all other agencies planning activities
within the aquatic preserve shall coordinate cleselY with DAHRM in
order to prevent any unauthorized disturbance of archaeolocical
and historical sites that may exist on the affected tract. DAHRM
is vested with the title tc archaeological and historical resources 61
abandoned on state lands and is responsible for administration and
protection of such resources (Section ?67.061(1)(b;, F.S.). 1t is
illegal to destroy or otherwise alter sites on state lands without a
permit from DAHRM (Section 7.67.13, F.S.). Therefore, agencies
planning activities should coordinate their plans with DAHRM at a
sufficiently early stage to preclude inadvertent damage or destruc-
tion to these resources.
ry, The nature of these sites' fragility and vulnerability to looting and
other destructive forces requires that the location of these sites to
little known, if the location is known at all. In many instances
DAHRM will have knowledge of the known and expected site distribution
in an area. Special field surveys for unknown areas may be required
by DAHRM to identify potential endangerment of a proposed activity to
these archaeological and historical sites. This will be especially
necessary in the case of activities contemplating ground disturbance
over large areas.
3. In the case of known sites, activities that are expected to alter or
damage sites shall alter their management or development plans as
necessary, or make provisions so as not to disturb or damage such
sites prior to professionally acceptable and authorized mitigation.
As
I
4. if in the course of a management activity, or as a result of
development or the permitting of dredge fill activities, it is
determined that valuable historic or archaeological sites will be
damaged or destroyed, DAFR�I reserves the right to require selvage
` measures to mitigate the destructive impact of such activities on
such sites (Section 267.061(1)(b), F.S.). Such salvage measures_
shall be accomplished before DAHRM would grant permission for site
destruction.
5. Excavation of archaeological sites in the near future is discouraged.
Archaeological sites within the aquatic preserve should be left
undisturbed for the present, with particular attention devoted to
preventing site looting by "treasure hunters".
6. Field personnel will note suspected sites for future surveys by
DAHRM. Cooperation with other agencies in this activity is also
encouraged by DAHRM. The DANRM will help inform the field personnel
about the characteristics and appearance of these sites.
7. Any discovery of instances of looting or unauthorized destruction of
these sites will be reported to the DAHRM so that appropriate action
a may be initiated. The Florida Marine Patrol and other enforcement
personnel of DNR shall provide enforcement assistance to DAHRM and
make arrests or investigate cases of looting or other unauthorized
destruction of archaeological sites. The field personnel will follow
the above management policy and become familiar with the personnel
79
involved with this task in DAHRM and their procedures for identifying
suspected sites.
5. WATER RESOURCES
Responsible management of water resources for the protection of human health
and recreational enjoyment of aquatic preserve waters, as well as for the
protection and enhancement of the preserve's plant and animal communities is,
without a doubt, the most critical aspect of aquatic preserve management.
Research to understand how human activity can alter or detrimentally affect
the dynamic characteristics of the preserve's various habitats can be
approached confidently after monitoring data has been used to model the
effects of naturally occurring variations on the same habitat. Only a single
toxic substance may be necessary to initiate irreparable ecological damage
and change in the water resources of the aquatic preserve estuarine ecosystem.
Management Policy
The successful management of the water resources of the aquatic preserve
depends heavily on other government agencies (i.e., DER and the Water
Management District) charged with regulating water quality and quantity. The
objective of the water resources management shall be to maintain the naturally
high water quality and to ensure the natural seasonal fluctuations of fresh
water into the estuary. Sources of water resources data from non-government
agencies, are dependent on or may be found among colleges, universities,
scientific foundations and private consultants working in the Indian River
V
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a
area. These various entities have interests at many different levels and
areas within the riverine and estuarine system. The aquatic preserve
management program will manage the dater resources through coordination with
these various entities. The field personnel will not conduct water sampling,
but throunh the review of these data from other entities and from their own
field observations, they will be able to identify water resource problems in
the aouatic preserve. Efforts will be made to ensure consistency in protect
design and sampling techniques so that data from various studies can be used
for integrated analysis.
a. Familiarization with the Jurisdiction, Personnel, and Monitoring Programs
of Government Agencies and Other Entities. Field personnel will become
thoroughly familiar with the jurisdiction, personnel and monitoring programs
of other agencies, institutions and corporations involved in studying,
monitoring, regulating and managing water resources within the aquatic
preserve and the drainage basins which provide fresh water to this preserve.
Those agencies known to be working or having potential activities affecting
the preserve are listed below; others may be added as they are identified.
1. Florida Department of Environmental Regulation
2. Brevard County Health Department
V 3. Brevard County Environmental Services
4. Indian River County Health Department
5, St. Johns Water Management District
6. U. S. Geological Survey
7. U, S. Fish and Wildlife Service
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P. East Central Florida Regional planning Council
a. East Central Florida Marine Resources Council
10. Treasure Coast Regional Planning Council
11. Florida Game and Fresh Water Fish Commission
12. Florida Department of Natural Resources Marine Research Laboratory `
13. University of Florida
14. Florida Institute of Technology
15. University of Central Florida
16. U. S. Environmental Protection Agency
17. Florida Power and Light Company
18. Florida Inland Navigation District
19. Harbor Branch Foundation
L- Sebastian Inlet Authority
21. Fellsmere Water Control District
22. Department of Natural Resources -Shellfish Sanitation Section
b. Monitoring of Water Resources by Cooperative Data Collection and Review.
Field personnel will: 1. promote coordination among involved agencies in
planning monitoring programs and in evaluating monitoring data; and 2. monitor
water resources within the preserve by reviewing the data collected and
compiled by those agencies as it applies to the aquatic preserve and its
resources.
a
t
c. Review of Permit and Lease Application for Aquatic Preserve Uses and
Watershed Activities that would affect the Preserve Water Resources. Field
personnel will review sovereign land lease applications, development of
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in
regional impact reviews, and CER/CCE permit applications in cooperation with
other agencies as necessary, and as outlined in Chapter V (C) for their
potential impact on the water resources of the aquatic preserve.
d. Familiarization with and Monitoring of Activities and Users which
Regularly Contribute Pollutants to Preserve Vaters. Field personnel will
become familiar with the activities and users which regularly or potentially
contribute pollutants to the waters of the aquatic preserve. This monitoring
will be accomplished directly by field observations and indirectly by review
of other entities' water resources data. Field personnel will encourage and
coordinate with other agencies involved with water resources monitoring to
consider more detailed field monitoring in areas of the preserve where the
incidence of polluting activities is found to be high. These monitoring
activities will also include the monitoring of freshwater releases into the
preserves and their effect on the environment.
These activities will also be applicable to Chapter X (Scientific Research),
and the coordination through Chapter VI (Management Implementation Network).
The field personnel's onsite presence will be complemented by their reliance
on other agencies and entitles for data and regulation. The field personnel
will have the ability to visually monitor water resource crises and phenomena
as they occur and when they affect other resources.
F
6. CUMULATIVE IMPACT ANALYSIS
Cumulative Impacts are the sum total of major and minor changes or effects
upon a natural system. Taken singularly these effects may not constitute a
NN
notable change in the condition of the natural system, but as these single
changes or uses accumulate, their combined impact may result in a substan-
tive environmental disturbance or degradation of the natural system.
The review of proposed uses in the aquatic preserve from the perspective of `
cumulative impact analysis requires a thorough knowledge of the natural system
A
and the various interactions and dynamics within that system. This aquatic
preserve management program will initiate development of a cumulative impact
analysis program. The evaluation of cumulative impacts shall include the
following criteria from Chapter 16Q-20 F.A.C.:
"M The number and extent of similar human actions within
the preserve which have previously affected or are
likely to affect the preserve, whether considered by
the Department under its current authority or which
existed prior to or since the enactment of the Act;
and,
(2) The similar activities within the preserve which are
currently under consideration by the department; and
(3) Direct and indirect effects upon the preserve and
adjacent preserve, if applicable, which may reason-
ably be expected to result from the activity; and
(4) The extent to which the activity is consistent
with management plans for the preserve, when
developed; and
(5) The extent to which the activity is permissible
within the preserve in accordance with comprehensive
•
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plans adopted by affected local governments, pursuant
to Section 163.3161, F.S., and other applicable plays
adopted by local, state and ;ederal governmental agencies.
{f) The extent to which the loss of beneficial hydrologic
and biologic functions would adversely impact the quality
or utility o` the preserve; and
t7) The extent to which mitigation measures may compensate
for adverse impacts."
The availability of onsite reserve staff who are familiar with the distinctive
characteristics of this system, coupled with their ability to access LANDSAT
imagery and mapping, and other data sources, is the key to development of a
successful cumulative impact analysis program. As cumulative impacts are
identified for specific areas and/or resources, they will become an integral
part of the project analysis ane decision-making process.
7. MANAGEMENT OF ENCROACHMENTS
The management of encroachments in the preserve will concern the unauthorized
placement of structures, unauthorized dredging or filling, or other illegal
uses in the aquatic preserve. These encroachments might also include illegal
activities associated with an approved use je.g., extension of a dock,
construction of boat houses, extension of an approved channel).
The management policy for the field personnel, after identification of a
suspected illegal encroachment, will involve a reporting procedure and the
M
monitoring of the remedial action. After a field identification of suspected
encroachments, field personnel will notiry the central office to verify the
title of the property and research the possibility of the use beinG an
approved activity. Due to the extensive areas involved in the aquatic
preserve, this will be a progressive activity depending or the field per- "
sonnel's eventual familiarization with the preserve and the approved uses.
a
The potential for unauthorized activities in such an extensive area may
possibly require some type of mapping and recording system to assist the field
personnel in their monitoring.
The management action for verified illegal encroachment will be developed by
the agencies specifically involved (i.e., DNR, DER). The field personnel will
assist, as necessary, with field evaluations or other support activities. The
final action will be monitored by the field personnel, at the direction of the
Trustees to the central office. The procedures followed in these applications
will be decided on a case by case basis.
C. Resource Mapping and Resource Protection Areas
The efficient description and location of resources within such a large area
requires the use of remote sensing techniques. This work will be done in r
conjunction with DNB's Marine Research Laboratory's Assessment of Fishery
r
Habitat Loss Study in the Indian River Lagoon. Marine Research Laboratory
personnel have developed resource and habitat indentification mapping through
the use of LANDSAT (satellite) imagery and aerial photography.
i
The vegetation and land use mapping done in this study will become the basis
`or the development of a Resource Protection Area management system in the
aquatic preserves. This mapping system will identify and classify various
resources within the aquatic preserves that require protect'lon by the
management program. This mappine system will also give acreage totals for
each land use and vegetation classification in the preserves. The vegetation
portion of the mappine will be augmented over time by wildlife and fisheries
information (endangered species, bird rookeries, etc.), archaeological and
historical site information and other resource factors deemed crucial to the
continued health and viability of the aquatic preserves.
The onsite managers will supplement this mapping with the above information to
develop and update a Resource Protection Area (RPA) mapping program. The RPA
mapping system is based on three levels of resource classification. The Class
1 level will contain resources of the highest quality. Uses proposed for
these areas will receive the most rigorous review. The Class i level will
include one or more of the following: marine grassbeds; mangrove swamp;
saltwater marsh; oyster bars; archaeological and historical sites (upland and
submerged); endangered species habitat; colonial waterbird nesting sites; and
other appropriate factors.
W The Class ? areas will be defined as those areas containing the resources of
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Class 1, but in a transitional condition compared to Class 1. These resources
will either be building toward Class 1 status or declining to Class 3 status.
Class 2 areas will require careful field review as to the specific area's
sensitivity to each proposed use. In some respects, these areas may be as
87
sensitive or more sensitive to disturbances as Class I areas. The resources
of Class 2 will include; marine grassbeds; mangroves in scrub condition or
colonizing new lands; saltwater marsh colonizing new lands; and other
resources of Class 1 type that fit in the Class ? condition.
Class 3 areas will be characterized by the general absence of the attributes
of the above two classes. Class 3 areas may have small localized Class 1 or 2
areas within them. Class 3 will generally have deep water areas or areas with
no significant vegetation or wildlife attributes. Nearshore and bottom areas
significantly modified by man will be designated Class 3.
These RPA maps will require periodic revisions as the onsite managers learn
more about the resource's reactions to man's uses. Scientific research and
nther data additions may also require modification of this system. Natural
charges will also require modification of this classification system.
Periodic checking by LANDSAT satellite imagery will become useful for remote
sensing monitoring as its use is more fully developed.
The RPA maps will become a planning tool for both onsite and central office
staff. More detailed field review will still be required to supplement this
information on a case by case basis, as necessary.
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The initial development, as well as periodic review, will require the support
and assistance of the many other resource regulating and managing agencies, as
well as local and regional government entities. Support will also be
requested from the colleges, universities, foundations and other interest
groups and individuals.
a
The RPA mapping will use the L'SGS 7.5 minute quadrangle map format for
veoetation and these maps, after public notice and opportunity for public
review and comment, will be placed in Appendix p of the aquatic preserve
management plan. It is recognized that mapping at this scale may net
adequately define small areas which do not qualify nor the RPF class level
assigned to a general area.
D. Administrative Management Objectives
This section of the chapter addresses the role of the central o{fice, in the
aquatic preserve management planning and implementation process. The central
office's role is generally interpreted within the context of coordinating
activities with the field personnel. This coordination linkage is important
to mann program aspects, Including project review and evaluation, local
contact initiation, administrative rule development, contractual services and
conflict resolution, not to mention the routine support (payroll, operating
expenses, etc.) usually extended by the central office to the onsite managers.
All program activities identified within this context are designed to protect
and enhance the environmental, educational, scientific, and aesthetic
qualities of the natural systems of the aquatic preserve.
I. Objectives
Specifically, the following administrative objectives are an essential part of
the aquatic preserve management program.
a. To ensure a comprehensive, coordinated review and evaluation of
proposed activities potentially affecting the environmental integrity
of the a.ouatic preserve.
b. To serve as the link between aouatic preserve fie':d personnel and
state agencies and programs which originate in Tallahassee.
c. To serve as the primary staff -in the development of administrative
a
rule additions, deletions, and revisions.
d. To serve as the administrative staff for contractual agreements and
services.
e. To establish and maintain a conflict resolution process.
f. To review all existing and past activities as to their affect on the
environmental integrity of the aquatic preserve.
?. Project Review and Evaluation
A major element in the administration of an aquatic preserve management system
is the establishment of a thorough project review process. It is the program.
intent that the central office staff review all proposed activities requiring
the use of state-owned lands within the preserve.
Sections 258.42 through 258.44, F.S., establish the legal context within which
all proposed uses of the aquatic preserve must be evaluated.
Essentially, these sections require that projects be basically water dependent
or water -enhanced, not contrary to the lawful and traditional uses of the
preserve, and not infringing upon the traditional riparian rights of the
upland property owner.
45
The primary mechanism through which proposed uses are reviewed is accomplished
by participation in the state lands management process as established by
Chapter ?53, F.S., and modified by Chapter 258, F.S. The central office wcas
administratively designated, on October 4, 1982, as an agEnt of the Trustees,
for the purposes of evaluating the environmental consequences of proposed uses
of state-owned lands within aquatic preserves.
In conducting the environmental evaluations, the central office staff will
rely heavily upon the most current, readily available data such as Department
of Transportation {DOT? aerial photoeraphv, LAN DSAT imagery, DER biological
reports, and other data resources (see Appendices C and D',. If a proposed
activity is legally consistent with the maintenance criteria outlined in
Section 258.42 F.S. and Chapter 164-20, F.A.C., and is generally of negligible
environmental concern, then the project review will likely be conducted in its
entirety by the central office staff, utilizing the generalized environmental
data.
The field personnel will be requested to conduct a more detailed environmental
assessment of the project if the central office staff, during the course of
the preliminary application review, determines that the requested use of
state-owned lands may have a significant effect upon the environmental
' integrity of the preserve. Copies of al.lapplications received will be
w
provided to the field personnel for project monitoring and assessment of the
possible cumulative impacts.
Field personnel will be encouraged to establish direct communication links
with the various regulatory and management agencies for purposes of obtaining
91
advance notification of proects potentially affecting the preserve. All
environmental review and assessments, however, will be channeled through the
central office unless other arrangements have been previously cleared with the
central office.
s
While the State Lands Management Program authorized by Chapters 253 and 258,
F.S. and Chapters 16Q-20 and 16Q-2 1, F.A.C. is expected to be the primary
management implementation vehicle for the aouatic preserve, it is by no means
the only vehicle. Section 253.77, F.S., as amended, and the December, 1982
Memorandum of Understanding between the COE, DER and DNR provide direct access
to DEPS permitting process for DNR. The Development of Regional impact (DRI)
and other regional or state level review processes represent other implementa-
tion mechanisms. The basic review approach and the evaluation relationship
between the field personnel and the central office staff will be the same as
the case involving the State Lands Management program.
One aspect of the aquatic preserve review and evaluation program is the
identification of proposed activities that are either generally or specifi-
cally prohibited. Immediately upon review of such project applications, the
central office staff will notify the Division of State Lands (or other program
managers) that the proposed activity is legally unapprovable for the stated
reasons. For those proposals which are subject to denial due to their adverse r
environmental impacts, even though the activity may be permissible, Section
x
258.42, F.S., specifically provides that:
fM No further sale, lease, or transfer of sovereignty submerged
lands shall be approved or consummated by the trustees except
when such sale, lease, or transfer is in the public interest.
92
#.
(2) The trustees shall not approve the waterward relocation or setting
of bulkhead lines waterward of the line of mean, hi;h water within
the preserve except when public road and bridge construction
projects have no reasonable alternative are it is shown to be
not contrary to the public interest.
(3) (a) No further dredging or filling of submerged lands shall
be approved,by the trustees except the following activities
may be authorized pursuant to a permit:
1. Such minimum dredging and spoiling as may be authorized
for public navigation projects.
C. Such minimum dredging and spoiling as may be authorized
for creation erd maintenance of marinas, piers, and docks
and their attendant navigation channels.
3_ Such other alteration of physical conditions as may, in
the opinion of the trustees, he necessary to enhance the
quality or utility of the preserve or the public health
generally.
4. Such other maintenance dredging as may be required for
existing navigation channels.
5. Such restoration of land as authorized by S. 253.124(5),
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6. Such reasonable improvements as may be necessary for
public utility instal;ation or expansion.
7. Installation and maintenance of oil and gas transportation
facilities, provided such facilities are properly marked $
with marine aids to navigation as prescribed by federal
law.
W
(b) There shall, in no case, be any dredging seaward of a
bulkhead line for the sole or primary purpose of providing
fill for any area landward of a bulkhead line.
(c) There shall be no drilling of gas or oil wells. However,
this will not prohibit the state from leasing the oil and
gas rights and permitting drilling from outside the
preserve to explore for oil and gas if approved by the
board.
(d) There shall be no excavation of minerals, except the
dredging of dead oyster shells as approved by the
Department of Natural Resources.
(e) There shall be no erection of structures within the
preserve, except:
L-�
1. Private docks for reasonable ingress or egress of
riparian owners;
94
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Commercial docking facilities shown to be consistent
with the use or managemert criteria of the preserve;
and
3. Structures for shore protection, approved navigational
aids, or public utility crossings authorized under
Subsection (3)(a).
(f) No wastes or effluents shall be discharged into the
preserve which substantially inhibit the accomplishment
of the purposes of this act.
(g) he nonpermitted wastes or effluents shall be directly
discharged into the preserve which substantially
inhibit the accomplishment of the purposes of this act."
Generally, applicants desirous of appealing staff recommendations will have to
follow those appellate procedures outlined in the appropriate authorizing
statutes. In the case where applications requesting the use of state-owned
lands are denied, three appellate procedures are available to the applicant.
Depending upon the type of application submitted, an applicant may:
a. Ask the Governor and Cabinet to overturn an application decision
rendered by the Executive Director of Department of the Natural Resources
(or his designee) under a delegation of authority;
b. Request an Administrative Hearing under the procedures outlined in
Chapter 124, F.S.; or
95
c. Appeal the action of the Board of Trustees of the Internal Improvement
Trust Fund to the District Court of Appeals.
3. Liaison Between Field Personnel and tither Interested Parties
One of the most important aspects of the field personnel's Job is to establish
-a mutually beneficial communication link with pertinent interest groups. The
central office staff will assist in initially identifying and contacting
governmental, bodies, special interest groups and interested individuals
requiring aquatic preserve program coordination.
When requested by the onsite managers, the central office staff will assist
in arranging for specialized management expertise not generally available
locally. This may include:, for example, such things as arranging for DAHRM
to conduct a detailed cultural resoUrce assessment for certain areas of the
the preserve.
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s
'hapten VI
MANAGEMENT IMPLEVENTATION NETWORK
This chapter of the management plan will address the various relationships of
aquatic preserve management to the different government agencies and programs,
non-government entities, interest groups, and individuals within the aquatic
preserve area. The activities of both field personnel and central office
staff as they relate to these other organizations will be presented.
A. FEDERAL
Many federal agencies have property interests, land and wildlife management
programs, research activities, construction activities, and regulation
programs existing or potentially existing within the aquatic preserves. The
objective of the aquatic preserve management program will be to complement the
various activities wherever possible. The field personnel will assist those
federal agencies in areas where they have common goals. The field personnel
and central office staff will also review the federal activities as to their
effect on the objectives of the aquatic preserve management. This review
r shall be coordinated through the DER's Office of Coastal Management for the
A
purposes of enforcing the provisions of the Federal Coastal Zone Management
Act of 1972, as amended.
1. United States Fish and Wildlife Service.. The aquatic preserve program
will he involved in the review of proposed preserve uses in conjunction with
97
the Fish and Wildlife's Division of Ecological Services in Fero Beach. This
division reviews dredge and fill requests and other federal level permitting
under the Fish and Wildlife Coordination Act.
Another management program in which the field personnel could possibly =
interact with the Fish and Wildlife Service is the protection and recovery of
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endangered species and bird rookeries within the aquatic preserve. Field
personnel will become involved in using available recovery techniques for this
purpose, as necessary.
2. O.S. Army Corps of Engineers. The D.S. Army Corps of Engineers (COE) is
charged w;th providing technical guidance and planning assistance for the
nation's water resources development. The COE also provides supervision and
direction to many engineering works such as harbors, waterways and many other
types of structures. Their major responsibility, as it applies to the aquatic
preserve, is the protection of navigable waters, pollution abatement and
maintaining water quality and the enhancement of fish and wildlife.
The COE activities in the Malabar to 5ehastian area include their involvement
with the DER in the dredge and fill permitting process, technical oversight of
channel, inlet and canal maintenance, and evaluating requests for new
channels, canals and other such public works projects. The field personnel
will become familiar with the various programs, policies and procedures as
they apply to the aquatic preserve.
The field personnel and central office staff will also review activities
proposed by the COE for conformance to the objectives of the aquatic preserve
management plan. This involvement should begin in the early stages of project
planning in order to facilitate the best protection of the aquatic preserve
possible.
a 3. U.S. Geological Survey. The U.S. Geological Survey (USGS) under the
r
Department of the Interior has the responsibility to per`orm surveys,
investigations, and research pertaining to topography, geology, and the
mineral and water resources of the United States. USGS also publishes and
disseminates data relative to those preceding activities. In the past the
USGS has conducted many studies on various resources in the region.
The field personnel and central office staff will become Tamiliar with these
studies and the data results as the; apply to their management activities.
�. U.S. Environmental Protection Agency. The U.S. Environmental Protection
Agencv (EPM , in cooperation with state and local governments, is the federal
agency responsible for the control and abatement of environmental pollution.
The six areas of pollution within which the EPA is concerned are air, water,
solid waste, noise, radiation and toxic substances. The DER is the state
agency responsible for handling most of these programs on a state level in
lieu of a federal program. Within the aquatic preserve, the field personnel
a will assist the EPA in planning field activities and where there are Common
a
goal s.
5. U.S. Coast Guard. The U.S. Coast Guard is the federal agency involved in
boating safety, including search and rescue when necessary. The Coast Guard
is also charged with the permitting of structures which affect navigation and
boating safety. These structures include bridges, causeways, aerial utilities
and other structures which may be in conflict with navigational uses. The
field personnel, in conjunction with the central office staff, will also
review projects which the Coast Guard may be evaluating for permits.
5. National Marine Fisheries Service. The National Marine Fisheries Service
(NMFS) under the G.S. Department of Commerce is active in the Indian River
area in recording commercial fish landings. The NMFS also has enforcement
officers in the area checking for illegal fishery activities. The field
personnel will work with these personnel whenever they have common goals
within the aquatic preserve.
R. STATE
Many state agencies have programs which affect the resources or regulate
activities within the aquatic preserve. There are also other DNR programs
that are within or affect the Indian River --Malabar to Vero Reach Aquatic
Preserve. This section will describe the interactions and relationships of
these various agency programs and how they relate to aquatic preserve
management.
4^
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1. Department of Environmental Regulation. The Department of Environmental '
Regulation (DER) is responsible for regulating air and water quality and, in
some cases, water quantity (through the water management district) within the
Indian River. The DER is also the local contact for the initiation of dredge
and fill applications in conjunction with the COE and DTR. With respect to
water quality and dredge and fill regulation, the DER is possibly one of the
100
most important agencies to the management of the aquatic preserve. The water
quality of the preserve is the most important factor to the heelth of the
estuarine complex, ane dredge and fill activities are cne of the most
potentially+ destructive activities within the preserve. The DER also
ji regulates other farms of pollution, such as air, noise, wastewater and
hazardous waste, which may be important in the future to the preserve.
The field personnel will become familiar with the water quality, dredge and
fill, and other regulatory programs that are important to the aquatic
preserve. The field personnel should develop a close working relationship
with DER staff and become familiar with DER field activities and programs that
are in common with the objectives of the aquatic preserve management program.
The field personnel should open the most efficient line of communication with
the local offices to receive the permit applications from DER as soon as
passible to improve the response time within the review process.
The DER, Of`ice o -P Coastal Management is charged with coordinating activities
related to coastal management in the state and reviewing federal actions for
consistency with the State Coastal Managenent Program, Section 360.20, F.S.
The central office staff will maintain a close relationship with the Office of
Coastal management for assistance in the review of federal actions, data and
! research needs, and other program support.
2. Department of Community Affairs. The Department of Community Affairs
(DCA) is responsible for reviewing Developments of Regional Impact (DRI) and
for designating Areas of Critical State Concern (ALSO. PRI's are major
developments that have impacts on a scale which is greater than county level
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and require a regional review from neighboring local governments and state
agencies. Both the central office staff and field personnel of the aouat.ic
preserve program will be involved in reviewinq nRl's. The field personnel
should receive notice of a DRI through the central office staff and will
proceed with the field review. The central of`ice staff will coordinate the a
field review: findings and work with the other state agencies in Tallahassee in
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the review of the DRI..
Hutchinson Island, a barrier island between Sebastian Inlet south to Jupiter
Inlet, i
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designation, the local governments are recuired to notify DCA o -F any
application for a development permit. The ertire land development process
will require the state's oversight until that local government modifies its
land development practices to conforn to the ACSC requirements. The
recommendations of the Hutchinson Island Pesource Plannira and Management
Committee as the, apply to the aquatic preserves have been included into this
plan.
�. Department o� Natural Resources. The aquatic preserve management program
is associated vrith several other pepartment of Natural Resource (DNR) programs
in the Malabar to Sebastian area.
PNR's Marine Research Lahoratory in St. Petersburg, under the Division of
Marine Resources} has several programs and proiects within this area which
will benefit the eauatic preserve program. The Marine Lab is presently
studying `ishery habitat losses in the Indian River area. The Resource
Protection Area mapping, which will be used in the management of these aquatic
preserves, was created as a product of that fishery habitat loss study. The
data from this project, when it is completed, will be incorporated into this
management plan. The Marine Lab staff are also involved in manatee protection
programs and the lab is the headquarters of the State Manatee Coordinator.
The field personnel will become familiar kilth these studies and programs, and
will consult the Marine Lab for their data needs whenever possible.
The Division of Marine Resources also handles the permitting for the
collection of certain marine species and use of certain chemicals. The field
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and central office staff will become familiar with this permitting process and
request notification of these permits within the anuatic preserve.
The Marine Patrol, under DNR's Division of Law Enforcement, also operates in
the Indian River. The field personnel will become familiar with their pro-
grams and operation, and will call on the Marine Patrol for law enforcement
support as required.
The Division of State Lands within the DNR is charged with overseeing uses,
sales, leases or transfers of state-owned lands. The aquatic preserve staff
will interact with State Lands in all transactions concerning submerged lands
within the aquatic preserve. These would include the potential acquisition of
privately titled submerged lands or contiguous uplands important to the
integrity of the preserve. This relationship is more fully described in
Chapter V(C).
The Division of Resource Management, through the Bureau of Geology and Aquatic
Plant Research and Development, is responsible for various programs poten-
tially affecting the aquatic preserve. Staff will establish communication
links with this Division to ensure that adequate consideration is given to
potential impacts upon the preserve that may result from the conduct of their
various programs.
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The Division of Recreation and Parks, in addition to the work related to
aquatic preserves by BELM and The Florida Park Service, is also involved in
the management of State parks and recreation areas nearby. The aquatic
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preserve program will work closely with these programs as they relate to
aquatic preserve management obiectives,
4. Marine Fisheries Commission (MFC).
The MFC was established as a rulemaking authority pursuant to Section 370.027,
F.S. The seven members are appointed by the governor and are delegated full
rulemak.ino authority over marine life (subject to approval by the Governor and
Cabinet!, with the exception of endangered species. This authority covers the
following areas: a) gear specifications, b) prohibited pear, c) bag limits,
d) size limits, e) species that may not be sold, f) protected species, g)
closed areas, h) quality control codes, i) seasons, and j) special
considerations related to eggbearing females and oyster and clam relaying.
The field personnel and central office staff will become familiar with and
enforce the rules of the MFC.
The MFC is also instructed to make annual recommendations to the Governor and
Cabinet regarding marine fisheries research priorities. The field and central
office staff will use these recommendations to direct research efforts within
the aquatic preserve.
5. Florida Game and Fresh dater Fish Commission. (GFWFC) The GFWFC's
Environmental Services office in Vero Reach sends biologists into the preserve
to review projects which may have potential impacts on local fish and wildlife
habitat as necessary. The central office will use the GFWFC's assistance in
their review process, when possible, and in developing fish and wildlife
management for the aquatic preserve.
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The GFWFC has enforcement officers working in this area, The field personnel
will interact with these officers where there are common goals.
The GFWFC is also the state coordinator of the Fndanoered Species in Florida.
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The field personnel and central office staff will work with C7FWFC personnel in
developing program needs in this area.
6. Department of Transportation. (DOT) The DOT has an office in Pineda and
the field personnel and the central office will work with the resident
engineer on anticipated projects having possible impacts on the aquatic
preserve. The field personnel and administrative staff will review any major
highway or bridge projects that may be proposed in the future.
7. Department n -F State. The Division of Archives, Histary and Pccords
Management (DAHRm) in the Department of State will have a close working
relationship with the field personnel, and central office staff in the
protection of archaeological and historical sites. The field personnel will
be directed by DAHRM, through the central office, in any activities or
management policy needs for these sites.
8. Health and Rehabilitative Services. (HRS) Both the central office staff
and field personnel will establish communication and coordination linkages `
with HRS and their locally conducted programs of septic tank regulation and
mosquito control. Although mosquito control serves a useful public function,
the effects of pesticides (adulticides and larvacides) in the waters of the
preserve are a primary concern. Additionally, the central office staff will
become involved in future meetings and management programs developed by the
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Governor's Forking Group on mosquito control. Subsequent policy recommenda-
*ions coming out of this group will he evaluated for applicab-lity to the
ongoing aquatic preserve management program.
' C. REGIONAL
i&
The regional level of the management implementation network as it applies to
the Indian River --Malabar to Vero Beach Aquatic Preserve will include the St.
Johns River Water Management District, the East Central Florida and the
Treasure Coast Regional Planning Councils, and the Florida Inland Navigation
District. These organizations have activities that are broader than the local
government, but are on a smaller scale than the state level.
1. Water Management District. The 5t.. Johns River Water Management District
includes Brevard and Indian River Counties. The water management district
administers permitting programs for the local consumable use of water, storm
water discharges, and dredge and fill type activities. This includes the
withdrawal and use of water from rivers, streams, and wells. The types of
water uses they permit in the preserve area include irrigation and public
water supply. The field personnel will became familiar with the review and
permitting procedures as they might apply to water supply in this basin. The
A water management district is also involved in various studies on water supply
and management, and other related research that may be of use to aquatic
preserve management.
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L. Regional Planning Councils. The East Central Florida Regional Planning
Council (ECFRPC) serves as a regional planning body for the local governments
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of Brevard County, while the Treasure Coast Regional 'Planning Council (TCPPC)
serves Indian River County. father east central Florida counties are served by
these regional planning councils, ?s well. Among their duties, the ECFRPC and
iCPPC:
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a. aid local governments with planning expertise;
b. are the regional representatives for the Development of Regional
Impact {CPI} review process;
C. serve as regional clearinghouses for state and federal projects and
programs; and
d. convey information from the local governments to the state and
federal levels.
The field personnel will 'became familiar with the various projects, programs,
and data sources that the ECPRPC and TCRPC have within their administration
that may affect or prove useful to the aquatic preserve program.
The DRI review of projects which affect the aquatic preserves will be reviewed
by the central office staff, with the field personnel's field review, when
necessary. DRI's for large marinas, large subdivisions on the uplands above
the preserve, and commercial or industrial developments will require a field
review by the field personnel as to their effect on the aquatic preserve.
3. Florida Inland Navigation District IFIND). The FIND is a multi -county
district sponsor of the Tntracoastal Waterw�av 'rom Duval CountY south to [lade
County. FTNC is also responsible for providing and maintaining spoil areas
(spoil islands) to the Corps of Engineers for the dredging and maintenance of
if the Waterway. FTND presently holds title to channel and spoil easements
throughout the Indian River area. Field personnel and the central office will
work closely with the FIND in the review of future dredging proposals.
D. LOCAL GOVFRNMENTS AND SPECIAL PTSTRTCTS
This section will address the relationship of the aquatic preserve management
prngram to the various local government agencies, special districts and their
programs. The local governments are the incorporated cities and counties that
surround the aquatic preserve. The Indian River --Malabar to Fero Reach
Aquatic Preserve includes Brevard and Indian River Counties. Pala Ray,
Malabar, Sebastian, Orchid, Vero Reach and Indian River Shores are
incorporated cities bordering the lagoon. The various special districts
(drainage, inlet and mosquito control) and their relationship to aquatic
preserve management, are also presented.
The field personnel will be the local liaison for the aquatic preserve to
I these local government entities to assist them in modifying their policies and
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practices to conform to the objectives of the aquatic preserve's management
plan, and to exchange information and expertise for mutual benefits.
1. Relationship to local management plans. The local governments are
required by the Local Government Comprehensive Planning Act of 1975 (,LGCPA),
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{Section 153.3161, R.S.} to have a comprehensive management plan with elements
relating to the different governmental functions (i.e.. housing, physical
facilities, conservation, land use, and coastal zone protection). These
plans, in effect, are lona-range plans for the orderly and balanced
development of the city or county. The comprehensive plans guide local zoning c
policies and practices toward a future as set out in the plan. No development
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is permitted that does not conform to the local government's comprehensive
plan.
The aim of the aquatic preserve with respect to these local government
comprehensive plans, is to have their plans consistent with the aouatic
preserve management plans. The field personnel will become familiar with the
above plans and how they support or are in conflict with the objectives of
aquatic preserve management. The field personnel will assist local planning
officials in having their plans meet these objectives. The field personnel
and central office staff will assist these officials in the preparation of
their Marina Element, as required in Chapter IX. It is hoped that local
governments will join in the spirit of aquatic preserve management and be
willing to work for these changes.
L. Relation to local development codes. The local zoning and development
codes (e.g., building codes) provide the major local regulation that defines °
what an owner can do on a particular parcel of property. The zoning pre-
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scribes the allowable uses and the intensity of those uses. Certain uses
along an aquatic preserve can potentially have a profound effect on a
preserve.
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This section will operate in conjunction with the preceding section on local
management plans. The field personnel will become familiar with the local
zoning, development codes and their potential ef�Qcts on the nearby aquatic
preserve. The field personnel will assist local planning and zoning officials
in identifvinq areas where changes in zoning would getter conform to the
objectives of the aouatic preserve manaoerrent. The field personnel might also
offer to assist local planning and zoning officials in the review of proposed
subdivisions upland of the preserve.
3. Suggested policies and practices in support of Aquatic Preserve
Management. This section will address any other policy or practice not
covered in the -two preceding sections. These policies and practices might
include local government mangrove ordinances; recreation problems where a park
is it or near an aquatic preserve, or any other problems as they might relate
to local governments. The field personnel will offer assistance or infor-
mation to local officials or will coordinate with other agencies to help solve
these problems as they occur. The field personnel will work, with county
personnel on enforcement of ordinances such as a Mangrove Protection
ordinance. The field personnel will also comment, through the central office,
on any local practice that is identified as endangering the well-being of the
aquatic preserve.
4. Special Districts (Drainage, Inlet and Mosquito Control). The special
districts are taxing districts established to correct drainage and mosquito
control problems. There are three drainage districts that directly affect the
preserve; the Melbourne -Tillman and the Fellsmere Water Control Districts, and
the Sebastian Drainage District. Brevard and Indian River Counties each have
III
a mosouito control district and the Sebastian Inlet is maintained by the
Sebastian Inlet District.
These districts may not have an official comprehensive management plan, but
they do have management policies and program statements that are similar to `
;LIch a plan. The field personnel will become familiar with these policies and
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the activities of these districts and will monitor their effect on the aquatic
preserve. For example, the field personnel might recommend identifying areas
that should not receive mosquito spraying or other alternative management
because of remoteness to inhabited areas and possible, but unnecessary damage
to the resources or the aquatic. preserve; or drainage districts might be asked
not. to use certain types of herbicides or to use them only at certain times of
the year.
E. OTHER ENTITIES
This section will apply to the numerous entities that have an interest in the
aouatic preserve but are non-governmental agencies. This will include, but
not be limited to, the environmental interest groups (i.e., Audubon Society,
Sierra Club and Native Plant Society), the scientific organizations, the
fishing and sports interest groups (i.e., Florida League of Anglers, Organized
Fishermen of Florida), the universities that may have research activities in
the preserve (i.e., Florida Institute of Technology, University of Miami,
University of Florida, University of Central Florida) and any other interest
groups or individuals. The relationship of these entities to aquatic preserve
management might include the coordination of activities, such as scientific
research, environmental education, management of rookeries or other natural
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areas, or numerous other possible activities. A worthwhile aquatic preserve
management process will depend nn the continued support are help of these
interest groups in all of the aquatic preserves. The field personnel will be
active in communicating the aquatic preserve management process and activities
" to the various groups and consulting with them for their help in their areas
of expertise.
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Chapter VII
PUBLIC USES
This chapter addresses the public use of the aouatic preserve. The public it
this case shall refer to the general public or those persons without ripariar;
rights. The "Florida Aquatic Preserve Act of 1975" (Section ?5P.35, F.S.)
allows for the lawful and traditional public uses o` the aquatic preserve,
such as sport fishing, hoating and swimming (as adapted from Section
?58.43(1), F.S.?. These and other traditional uses that do not involve a
commercial intent or the use of a riparian right to place a structure in the
preserve, and do not degrade or otherwise destroy the preserve will be con-
sidered public uses. This section will be further divided into consumptive
and non -consumptive uses as applicable to each resource.
A. Consumptive Uses
Consumptive uses involve the removal of -resources from the preserve.
These uses include fishing, hunting, shellfishing, and other related
activities. They also include the unintentional removal of resources
: by propeller damage to grassbeds. The management of these uses
(see Chapter V, Resource Management, Section R: Onsite Management
.Objectives) will include the observation and monitoring of the effects
of these uses on the resources. The field personnel will periodically
assess the impacts through the use of the Marine Research Laboratory's
LANDSAT capabilities for habitat losses or disturbances in the Indian
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River --Malabar to Vero Beach area plus anv other studies or data sources
that might become availahle. This management will also include the
protection of the resources from unlawful or excess practices of these
uses. The legality of these rases will be contra" ed by existing
applicable state laws and local ordinances. 'Field personnel will, for �
example, hecome familiar with ane will enforce rules adopted by the
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Marine Fisheries Commission. These will include regulations on fishing
gear, bag and size limits, closed areas, seasons, etc.
Consumptive uses will also he monitored for their effect on other
resources (e.g., bird rookeries. marine grassbeds, oyster bars, archae-
ological and historical sites). The field personnel will also be
sensitive to additional enforcement needs (i.e., the need for additional
enforcement staff during nesting seasons).
E. Non -consumptive Uses
These uses are those which do not generally remove resources from the
preserve. Examples of these uses include swimming, diving, boating,
bird -watching, and other related activities. The management practices
involved with these uses will be the same as those previously described
under Section A., except that these uses are not generally controlled by =
law. The guiding principle in these cases will be whether or not the
activity causes a disruption of the preserves" resources (e.g., destroys a
marine grassbeds, disturbs rookeries or manatee areas). only in the
event of these disruptions will the field personnel become involved.
Some of these uses may possibly be involved in environmental educational
(Chapter XI) programs.
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Chapter VIII
PRIVATE NON-COMMERCIAL USES
This section will apply to those private, non-commercial, uses which are
derived from riparian rights fe.g., docks, piers). The management of the
aquatic preserve recognizes the rightful and traditional uses of those
near -shore sovereignty lands lying adacent to upland property. This right of
ingress, egress, boating, swimming, fishing, and other incidental uses of
sovereignty lands normally allows for the placement, of certain structures,
such as docks, within the preserve. This right, however, can only be
exercised with the prior consent of the Board, and does not include approval
of activities that destroy or damage areas of environmental significance. The
review of these will require the interaction of the Resource protection Area
mapping with administrative and possible field review and later monitoring by
field personnel as projected by Chapter V., Section B.
Private non-commercial uses shall be designed to avoid critical Resource
I Protection Area (Class I and 2) and shall be designed to reduce the use's
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impact to the preserve in general. Individual applications for these
private non-commercial uses shall be reviewed by the applicable Resource
Protection Area Map and criteria. In addition, private dock proposals will
be reviewed by the criteria described in Section I60-20.04(5), F.A.C., of the
revised General Aquatic Preserve Rule.
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Bulkheads should be placed, when allowed, in such a way as to be the least
destructive and disruptive to the vegetation and other resource {actors in
each area. Approved uses which do disrupt or destroy resources on state-owned
lands will require mitigation. This mitigation will include restoration by
the applicant or ether remedy which will compensate for the loss of the
affected resource to the aouatic preserve. Mitigation should be considered
the last resort and the use requiring such mitigation should be of an
overwhelming public interest.
Dredging within the aquatic preserve shall be held to a minimum. Dredging
proposals shall be reviewed according to the procedures in Chapter V depending
on the proposed activities location within the RPA. Proposals within Class 1
areas (Chapter V (D)W ) will be scrutinized to the maximum extent in order to
find the best practicable method of development and location if that use is
acceptable in that particular area of the preserve. The mitigation of lost or
disturbed resources shall be required. There shall he no dredging allowed in
Class 1 or 2 areas or in nearby areas if it will adversely impact these areas.
The location of proposed multiple docking facilities, such as for condominium
developments, shall be based on the marina siting criteria described in
Section 16Q -?0.04(5), F.A.C. of the revised General Aquatic Preserve Rule.
Authorization of such facilities will be conditioned upon receipt of
documentation evidencing the subordination of the riparian rights of ingress
and egress for the remainder of the applicant's shoreline for the life of the
proposed docking facility.
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Non-residential docking facilities (commercial) are addressed in Chapter IX.
The use of seaplanes within this preserve is seen as a non-traditional use.
Applications for seaplane use within the preserve will be reviewed on a case
by case basis. These uses will only be recommended where such use will not
6 affect resource protection areas or natural values of the preserve, not effect
0
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endangered species habitat, can be utilized in a safe Wanner, and will not
preempt traditional uses within the proposed use area.
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Chapter Iu
COMMERCIAL USES
This section addresses the variety of traditional and non-traditional (i.e.,
new uses to this area) commercial uses which aright occur within the aquatic
preserve. Among the traditional uses in the Indian River --Malabar to !sero
Beach area are utility crossings, power plants, marinas and yacht clubs,
commercial fishing, and ether types of boats (i.e., sportfishing, diving) for
hire. Non-traditional uses in this area which have also occurred in other
areas of this or other states include oil and gas transportation facilities,
end other such commercial uses.
A. TRADITIONAL CnmMEPCTAL USES
1. Utility Crossings. There are at present time both aerial and
underwater utility crossings in the aquatic preserve. Future proposals should
be designed so the preserve is crossed by the least destructive method in the
least vulnerable areas according to the RPA maps (see Chapter vro) .
Increased or additional use of any existing utility crossings is preferable,
if their condition at the time of the proposal is acceptable. The field
personnel should eventually develop a utility crossing plan for all areas with
anticipated utility crossing needs to allow for clear and advance planning,
for placement of these crossings in the best environmental location possible.
The utility crossing plans, when completed, will become a part of this plan.
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Crossings should be limited to open water areas to minimize disturbance to
marine grassbeds, mangroves or other critical habitat areas and should not
interfere with traditional public uses.
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Commercial Fishing. The management of the aquatic preserve shall t
not include the direct management of commercial fishing activities. Field
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personnel will monitor these activities and assess their affects on the
preserve only in conjunction with the Division of Marine Resources and as part.
of a cooperative effort with that division. The field personnel will also
notify the requisite authority in the event of illegal activities (Chapter
370, F. S. or by special act). the field personnel, along with other agencies
and divisions' programs and studies, will monitor fishing activities within
the aquatic preserve with respect to the need to manage access of boats in
certain areas, prevention of marine grassbed destruction and other needs of
the aquatic preserve as they are associated with commercial fishing
activities. After problems associated with commercial fishing activities are
identified and documented, the findings will be presented to the Marine
Fisheries Commission. It is the authority of the Commission and the Florida
Legislature to regulate commercial fishing within the aquatic preserve.
3. Marinas. The locating of marinas and their related uses will be a
maior concern of the Indian River --Malabar to Vero Reach Aquatic Preserve
management. Marinas represent a use with many potential impacts on the
preserve's resources. The siting policy of Section 160-20.04(5), F.A.C. of t
the revised Aquatic Preserve 'Rule shall be used for siting marinas in the
aquatic preserve.
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4, Other Cocking. Any other type of commercial docking, not mentioned
in the preceding sections, will follow the marina siting pclicy as stzted in
Section 160-2C.04(5), F.A.C. of the revised General Aquatic Preserve Pule.
W* B. NON-TRADITIONAL COMMERCIAL USES
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'., Other Uses. Any other use that quali-ies as a commercial use of
state-owned submerged lands not mentioned above will require a review for its
anticipated impact on the aquatic preserve and the hest location for the
activity compatible to the Resource Protection Areas within the preserve.
I.. Aquaculture. There are currently at least 81 shellfish leases in
the indian River --Malabar to Vero Beach Aquatic Preserve rDNR, 1.984). The
maiority of leases were issued for growing oysters but most lease holders are
shifting to clam cultivation. Most methods are dependent on transplanting
Juvenile oysters and clams and allowing them to grow to marketable size. New
proposals for aouacultural development will require careful examination of the
location and type of impacts to the resources and the preemption of public
use. If there is not sufficient data available for a valid evaluation, a
small scale test of the use might be possible in a selected area.
3. [peep Water Port Facilities. There are no facilities of this type
within the Indian River -Malabar to Sebastian Aquatic Preserve at the present
time and new port facilities shall be prohibited.
n. Power Plants. Power plants have the potential for causing major
changes in the air quality, water quality, and plant and animal life of the
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aquatic preserve. For these reasons, they are incompatible with the purposes
of this aquatic preserve. The location of proposed power plants upstream of a
preserve should also be evaluated as to the ef#ects on the downstream
preserve.
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Chapter X
SCIENTIFIC RESEARCH
The field personnel attached to the Indian River -Malabar to Vero Beach Aquatic
Preserve should serve as the area coordinators of scientific research in the
preserves. Scientific research, and any other type of research or testing
within the aquatic preserve, should require the clearance of both the field
personnel and the central office staff before these activities can proceed.
Certain activities could be detrimental to the resources of the preserve and
should be carefully reviewed before allowing them to occur. Factors including
locRt.ion, species procedures, and time of year, should be carefully reviewed
for the possible disturbance or effect of the research on the other resources
of the aquatic preserve. The field personnel will be aware of the possibility
of working with other government agencies, colleges, universities, research
foundations and government programs to fill the data needs of the aquatic
preserve (see Chapter V and X11) . The field personnel will assist in the
selection of possible test sites and other research needs within the preserve.
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Chapter XT
EMVTROMMENTAL EDUCATION
The aquatic preserve should be used to enhance environmental educational
programs at every opportunity. The goal of maintaining the aquatic preserve
for the benefit of future generations can begin to be realized through the use
of aquatic preserves for environmental education. Through education, the
Youth of arevard and ?ndian River Counties can acquire a knowledge of the
natural systems and an appreciation for the aquatic preserve program. Such
appreciation helps to ensure the future protection and support of the aquatic
preserves.
The field personnel will, through their normal activities in the aquatic
preserve, select good examples of habitats and resources within these aquatic
environments for use during educational group tours. This might include the
development of environmental educational boat or canoe tours through the
preserves. Other educational activities might also include prepared
presentations for specific interest or user groups such as sport (,boating,
diving, fishing, etc.), civic and conservation groups and the development of a
brochure outlining the major points of management within the preserve. These
brochures could then be circulated to the various user groups.
The field personnel should also prepare programs on the value of management
activities of the aquatic preserve for presentation to interested groups of
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all ages. Educating the public about aquatic preserve management is the key
to the success and future of the preserve.
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Chapter XII
IDENTIFIED PROGRAM NEEDS
;his chapter of the management plan will address the carious internal program
needs that are expected to be identified during management activities.
Meeting these needs will correct or generally relieve some stress on the
preserve or the personnel involved in the management of the aquatic preserve.
These needs may, in some cases, require legislative or administrative rule
changes or acquisition of critical areas by the state. lne need to identify
problem areas and adust the management plan in a manner that will positively
address these problems and management needs is an essential element or any
good management program. Both field personnel and central office staff will
continually monitor the management plan implementation process and specifi-
cally identify observed program needs and problems. The areas to be
considered include, but are not limited to:
A. acquisition of additional property,
B. boundary problems,
C. legislative needs,
D. administrative rule changes,
E. data needs,
E. resource protection capabilities, and
G. funding and staffing needs.
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Staff will annually develop an implementation status report that will contain
a summary of identified management needs and suggested measures to be taken in
meeting these needs.
A. Acquisition of Additional Propertv f
There are areas both within and upland of the aquatic preserve that are in
public ownership under the jurisdiction of various locei, state and federal
agencies. Many of these lands contain important resources, such as bird
rookeries, archaeological or historical sites, endangered species habitat, and
freshwater source wetlands as well as other wetlands. The protection of these
areas is necessary to the wilderness preserve designation areas. Formal
management agreements, memoranda of understanding, etc., that will ensure the
compatible management of these areas will be developed. Other areas within or
adjacent to the preserve that are in private ownership should be closely
examined to determine the advisability of bringing them into public ownership.
The acquisition of these lands might act as a buffer to critical resources,
prevent development of sensitive areas, allow the restoration of areas
adversely affected by previous development or allow removal of disrupting uses
within a preserve. The field personnel, during normal management activities,
should be aware of significant upland areas and sovereign land conveyances
which, if developed, would compromise the integrity of the aquatic ,preserve.
The field personnel will keep a running record of these areas and will
prioritize these areas for possible public acquisition.
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P. Boundary Problems and Systems insufficiencies
The boundaries of the aquatic preserve are often artificial delineations of
the natural systems within and surrounding the preserves. a, variety of
I scientific studies are presently being conducted both within and outside of
the preserve boundaries, and their results could conceivably suggest a change
I
-in these boundaries. These changes may include the extension of the present
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boundaries in some areas or the exclusion of other areas. The field
personnel, in their normal management activities, will be sensitive to the
possible need for boundary modifications. Potential houndary changes and
acoUisition projects might include areas upstream of the present boundary in
the streams flowing into the preserves, previously conveyed sovereign lands,
or other areas not presently within the preserve. Any boundary change will
require legislative approval.
C. Legislative Needs
Management needs could conceivably involve changes in the legislation
pertaining to aquatic preserves or changes in the other statutes upon which
aquatic preserve management is based. These changes may include boundary
realignments or the strengthening of certain management authorities.
p. Administrative Rule Changes
Administrative rules are statements addressing the organization, procedures
and practices used in the implementation of aquatic preserve management plans
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and policies. This process includes identifying prchlems within the
Department of Natural Resources, as well as other agencies, that affect the
management of the preserve.
E. Data (Information) Needs f
The field personnel and central office staff will note data needs and promote
research or other means to fulfill them. Data needs in the near future could
possibly be supplied by such ongoing projects as the U.S. Geological Survey's,
St. John's Water Management District, Department of Environmental Regulation
water quality monitoring or by the research of other agencies. The field
personnel will be aware of data needs as they interact with the various levels
of government and with other entities. These data needs might include
additional mapping, ownership information, water quality data or any other
data. The major suppliers of data will probably be other public agencies that
are conducting programs in and around the preserve. Other potential sources
of data are the colleges and universities that have, in the past, conducted
research projects in the area.
F. Resource Protection and Enforcement Capabilities
The protection of the preserve's resources depends on the Florida Marine i
Patrol, in addition to field personnel. These protection needs might also
i
require additional enforcement support from local government or other state
agencies. The need for additional manpower, authority, equipment or vehicles
for this task will be identified.
132
I
The field personnel will become familiar with the sta-Ff capabilities of both
the Department of Natural Resources and the other agencies with enforcement
responsibilities in the preserve. Annually, staff should fully assess the
effectiveness of the protective and enforcement capabilities of these combined
agencies.
C-. Funding and Staffing Needs
The present aQuatic preserve management program has been minimally implemented
with funds from a variety of sources and programs. The writing of this
management plan was funded through a grant from the U. S. Office of Coastal
?one Management, National Oceanic and Atmospheric Administration, and through
the "Coastal Zone Management Act of 1972", as amended. This grant will end in
1984.
In order for the management program proposed in this plan to function and
succeed, the program must have its own funding and staffing. The workload
required by this program is too much for an interim staff from other agencies
to handle in addition to their other obligations. Funding and staffing needs
are critically important to the success of the aquatic preserve program.
The management of Indian River --Malabar to Vero Beach Aquatic Preserve would
be integrated into the management program and needs of other BFLM management
r
programs in the area. This preserve's management would be combined with two
other aquatic preserves in Brevard County (Banana River and Mosquito Lagoon).
A proposed budget given these needs has been estimated at $1,50,000 for staff,
133
equipment, office and expenses +or the first year. The proposed staff would
include two biologists and one ranger.
134
C
E1
Ei
1P;DT AN' P I VE.R-Y4ALABAP Trj yFRD REACH A. 1071 C PRESERVE
81BLiCCfiAP1lY
Coastal done Protection Element Tart t" Palm Ray, Florida
I°,arilP, D'D• Center far Coastal ?one Research Fft, Melbourne,
Comprehensive Plan.
Florida. 1°78. The 7i5h and
S R , Lau ,
P.T. Fernald, A. Goetz{ -'ed and nf�ice c; c.nvirormental
Barnett, P.S., x she Char'otte 4arbor Area. i r n �'eafh,
Ori iI; fe �?esaurces o
ervices,.
Florida Game and Fresh Dater Fis'� Cnmm'ss an, er_
Florida . I nPf1
¢enz, *�.C., ri... Eiseman, and _.E.
rai1aper. "Seasonal Occurrence and
of the c!ri �t algal community in the in
c!' an
variation in standing crop ri 413-4�?G, 11979.
P,iver, Florida." Botanica Marina 2-
Betz, Converse,
Murdoch, Inc. Brevard County 201/108 Vater Quality Section.
+ ort. BCM Consulting Engineers,
Plymouth Meetin19, Pennsylvania.
Data Report,.
1978.
V.L. and E.C. McCoy. An Inventory of the Saltmarsh MaboratO
Ri dl i ngmayer,
Centroi Ir�poundments in
Veroorida. Florida Medical Entomology
Reach, Florida, 1978•
?hard Planning anc! Boning Department. (;nnservation and Cons+`'�
Brevard County Element of Brevard County Comprehensive Plan. 1x81.
Zone Protection Brevard Coun*!�.
Development Division-Water,Resourc8s Section.
an8 ounty de !+°ante Treatment management Plan. 1979.
Brevard County
arevard County Planning and Zoning Department. Future Land Use Element ❑f
F revard County Comprehensive Plan. 1981'
Department. 1984 Brevard County Socio-econoa+ic Pro -
Brevard C❑Unty Planning 1984.
sections Populations}.
t L., Jr. and Ralls, Katherine. The West IndiFlaridatee1in
Brownell, Robe r Tallahassee,
Florida. 'Department of ]natural Resources, .
IntPrhasin lliversion in the Upper St. Johns
D.A., Division Water Resources department, St. �Iohns
Clapp, and !�ilkening, H,A,
I River Basin. Engineering
Palatka ,
Flo da . 198 .
River Water Management District, of the
and Gilbert, S. "Seasonal variation in standing northern
Clark, 1C.B • 223-225. 1981.
seagrass Syri n odi � d.afi l � �stua�'�es 4(3 associated macrop
Indian River, lar
135
Clark, John R. Coastal Ecosystem F�anacement
Malabar, Florida, y , Krieger Publishing Company,
19R?,
Clements, E.W. and �,,7� Rogers.
"Studies ofsalt-marsh mosquitos j- Florid 8-imounding F
or the control of'4(3):265-??C, 1964. 963. rosauito
News
Department Of Natural Resources. Prr,Fi le of t
Cam v. Tallahassee, Florida, 9..84.-+he Hard Clan Tn�
1ustry ;n Brevard
Division of Archives Nistor�� �
Archives, and Records management, Tall
C'own, Cherie. r le eta��.�•on and ether Parameters ,n the Brevard Tallahassee. 196
�
Estuaries. rcvard Count%f weaith Department,
"nunt� q ar-built �
Down, Cherie.
"Use of aerial imagery in determining submerges features in
three east-coast Florida Tagonns," FloridaScientist 4,6 3 4 1
1983, / 1. 355-36_.
East Centras Florida Regional Planning
'Gr'o'wth 19P3-1.987. Orlando, Florida. 1983. Perspective On Regional
East Central Florida Pecional Planning Council. [level
Impact Tenth Year Summary, Orlando, Florida. °Omenta of Regional
1984,
amen, N,�i, and M.C. Benz. n*
the al al drift community collectedafrom April,- River. ? s
masher 1�ranch Foundation p _974 to April,�I97,es of,
PP, 197F. Inc, Tech. Rep. 1, Ft. Fierce, Florida. 17
Eiseman, Il. L1, and C. McMillan.
.'ohnsanii, from the Atlantic Coast new species of seagrass, Halophilerluat. Bot. 9:
198p, Coast of Florida," A
• 15
Environmental Quality Laboratory, Inc.
1: water budget assumptions, Port nCharlotte, dian R1
r Florida. I-][� and
P ,
Evink, Gar L. 1980.
V Studies of Causeways in the Indian River, Florida. Department
of Transportation, Tallahassee, Florida, 19Bp.
Fernald, R.T., B.S. Barnett, A. Goetzfried, S.R.
Inlet--Ft. pierce Inlet Barrier Island, Lau' The Sebastian
Communities, Development Trends, and Resourceafile Manag menttGuidelines.
Office of Environmental Services. Vera Beach, Florida, 1982.
i
Florida Department of Natural Resources. Techniques for coastal restos
and fishery enhancement in Florida, Florida Acarine Research Publicatio
Na. 15, St. Petersburg, Florida. "1 restoration
.975, ns �
Florida Game and Fresh Water Fish Commission. Rare and Endangered Bio
Florida, P.C.H. Prichard, Series Ed,, Val, i ? to of
�Jniversity Presses of Florida, Gainesville _FL.' 3' 4' S, and 5.
f 1978.
136
Florida Game and Fresh 'Fater Fist, Commission. Endangered and Potentially,
Endangered Fauna and 'Flora in Florida. 1984.
FranCzyk, ,lean. Piver pollution threatens states most Certile clam hed.
Miami Herald 3C April, 1. B. 1gR4.
Gilmore, C.P. The Productive Web o` Life in the Estuary. 1n Proceedings of
the Indian River Resources 5lmposium, Melbourne, FL. lanuary 1'9F5.
! {In prep.)
Gilmore, C.R., Donohoe, C.yl., and Cooke, D.V. Fishes cf the Indian River
Lacoon and adjacent waters, Florida. Harbor Branch Foundation, Inc.
Tech. Rep. 41. 19£'1.
Gore, E.E. Gallaher, L.E. Scotto, and Y.A. kOlson. "Studies of decavod
rrustacea from the Indian River region of Florida: K1. COW'uP" v
composition, structure, biomass, and species -areal relationships Cf
seagrass and drift algae -associates+. macrocrustaceans." Estuarine,.
Coastal and. Shelf science. 12: 485-5np. 1981.
Heald, E.J. and llilliam E. Odum. "The Contributions of Manarove Swamps to
Flnrida Estuaries." Proceedings of the Gulf Caribbean Fish .,rtstitute,
vol. ?�,, 1970.
Hutchinson Island Resource planning and management Committee. Hutchinson
Island Resource Planning and Hanagement Plan. 19P3,
Kinnaird M.F. Evaluation of potential management strategies for the
reduction of boat -related mortality of manatees. Research Report No. 3•
U.S. Fish and 4ildlifeService. 1983a.
Kinnaird, M.F. Site-spesz,ic analysis of factors potentiall1yY influencing
manatee boat/barge mortality. Research Report Plo. 4. U.s. Fish an
Wildlife Service. 1923b.
X erulff, Georgiana. Tales of old Brevard. South Brevard Historical Society,
Inc., Melbourne, Florida. 1972.
Kofoed, John W. "Coastal development in Volusia and Brevard Counties,
Florida." Bulletin of Marine Science of the Gulf and Caribbean. 13(1):
1-9. 1963.
Kulczycki, G.R., R.W. Virnstein, and W.G. Nelson. "The relationship between"
fish abundance and algal biomass in a seagrass - drift algae community,
Estuarine, Coastal and Shelf Science. 12: 341-347. 1981.
Levy, R. 5., D.F. Barton, T.B. Riordan. An Archaeological
Canaveral Air Force Station, Brevard found +, Florida.
Analysts, Inc., Bloomington, Indiana. 1984.
Abundance, distribution and use of
(.Crichechus manatus) in Brevard County,
survey of Cape
Resource
National Fish and Wildlife Laboratory.
power plant effluents by manatees
137
Florida. U.S. Department of Commerce National Technical Information
Service, Springfield, VA, 1P81.
Odum, Howard T. "Tropical Marine Meadows." Coastal Ecological �}`stems hF }he
United States.. Vol. 1 Odum, H. r., p, i. Copelanr", and E. A. McMahan,
eds., Conservaion Foundation, Washington, D. C., 1974.
Odum, William E., Carole C. Mclvor and Thomas 0. Smith, III. The Ecology of
the Mangroves of South Florida: A Community Pro -rile. U. S. Department of
interior, Fish and Wildlife Service, 1g8c.
f rovost, �`.b'. Yanaping Impounded Salt varse for Mosquito Control and
Estuarine Resource Conservation. In Proceedings of the 1967 LSU'Marsh
and Estuary Symposium. 163-172 pp` 1967.
Provost, M.W. Salt Marsh Manacement in Florida. In Proceedings of the 1971".
Tali Timbers Conference on Ecological animal Control by Habitat
Management. Tall Timbers Research Station. Tallahassee, Florida. 5-17
PP. 1974.
Provost, M.y. "Tidal Datum Planes Circumscribing Salt Marshes". RulI 'MarineScience. P6(d):35p_563. 1976.
Rouse, Irving. A Survey of the 'radian River Archeology, Florida. AMS Press,
Inc. New York. 1�Pi_.
Savage, Thomas. Florida Mangroves as Shoreline Stabilizers. Florida
Department of Natural Resources. Professional Paper Ko. 19. 1972.
Tabb, D.C., Rehrer, R.G., Larsen, P., Rerkely, S., Heald, F.J., Roessler,
M.A., and Alexander, T.R. Ecological Inventory of Coastal Waters and
Adjacent Uplands of Lee CountyFlorida in the Vicinity of the Estero Ray
:Marine Preserve. University of Miami. 1974.
Terhune, F. (Ed.) Florida Statistical Abstract. University Presses of
Florida, Gainesville. 700pp. 1984.
Thompson, M.J. Photomapping and species composition of the seagrass beds in
Florida's Indian River estuary. Harbor Branch Foundation, Inc. Tech.
Rep. 10. Ft. Pierce, FL. 35 pp. 1976.
Taylor, W.K. and Whither, H.O., Eds. "Future of the Indian River System."
Florida Academy of Sciences, Inc. Orlando, Florida. Florida Scientist '
46{3_4}; 129-427. 1983.
U.S. Department of Interior, U.S. Fish and Wildlife Service. Endangered and
threatened wildlife and plants. 1984. a
U. S. Fish and Wildlife Service. Atlantic Coast Ecological inventory Map.
U.S. Government Printing Office, Washington, D.C. 198n.
138
Virnstein, R.W. and P. Y,. Howard. "The mobile epifauna of marine macrophytes
in the Indian River lagoon,, Florida. 1I. Comparisons between drift algae
and three species of seagrasses." Ir Press.
Wood, F.J.F., William E. Odum, and Joseph C. Ziemar. "Influence of
Seagrasses on the Productivity of Coastal La000ns." Mere. Simp. Inter.
Lagunas Consteras, UNAM-UNESCO, 1960.
Zieman, Joseph C. The Ecology of the Seagrasses of South Florida: A
Community Profile. U.S. Fish and lo!O dlife Service, Office of Biological
Services', Washington, D.C. FWS/OPS--R?/'15. I56 pp. 10¢1.
i
139
CONTENTS DP APPENDICES
Appendix A. Manaaement Authorities
All laws, rules, memoranda of understanding, and other
directives mentioned or related to in the Plan.
Appendix B. References
Pertinent References; basis for formulation of Plan USCS
Bibliography
Appendix C. Resource Data
Resource Inventories for each preserve
DDT Veaetation and Land Use Acreages by quad and preserve
Species Lists
Streams and Lakes data
Colonial Waterbird Areas
Water Quality: STORET
Archaeological Profiles
Cultural Information (Population, etc.)
Appendix D: Maps
Map Packet: by quad size for each quad in the preserve areas
USGS 7.5 Minute quadrangle topographic maps
141
Appendices Contents (Continued)
Appendix D: Maps (Con"t)
Nark Hurd Aerial Photography (73-79)
Flood -prone (USGS)
Federal Flood Insurance (FIFA)
State -Owned Lands maps
!National Wetland Inventory Maps
Gulf Coast Ecological, Inventory (1:250,000 scale)
Shellfish Atlas for Brevard and Indian River Counties
CZM Naps --Brevard and Indian River Counties
Navigation Charts
DCCT County Maps Brevard and Indian River Counties
142
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18-24.004 Management Policies, Standards and Criteria.
The following management policies, standards and criteria are supplemental to Chapter 18-21, Florida Administrative Code
(Sovereignty Submerged Lands Management) and shall be used in determining whether to approve, approve with conditions or
modifications, or deny all requests for activities on sovereignty lands in aquatic preserves.
(l) GENERAL PROPRIETARY.
(a) In determining whether to approve or deny any request the Board will evaluate each on a case-by-case basis and weigh any
factors relevant under Chapter 253 and/or 258, Florida Statutes. The Board, acting as Trustees for all state-owned lands, reserves the
right to approve, modify or reject any proposal.
(b) There shall be no further sale. lease or transfer of sovereignty lands except when such sale, lease or transfer is in the public
interest (see subsection 18-20.004(2), Florida Administrative Code Public Interest Assessment Criteria).
(c) There shall be no construction of seawalls waterward of the mean or ordinary high water line, or filling waterward of the
mean or ordinary high water line, except in the case of public road and bridge projects where no reasonable alternative exists and
except as provided in Section 258.42(3)(e)4., Florida Statutes.
(d) There shall, in no case, be any dredging waterward of the mean or ordinary nigh water line for the sole or primary purpose
of providing fill for any area landward of the mean or ordinary high water line.
(c) A lease, easement or consent of use may be authorized only for the following activities:
i. A public navigation project;
2. Maintenance of an existing navigational channel;
3. Installation or maintenance of approved navigational aids:
4. Creation or maintenance of a conimercial/industriai dock, pier or a marina;
5. Creation or maintenance of private docking facilities for reasonable ingress and egress of riparian owners;
b. Minimum dredging for navigation channels attendant to docking facilities;
7. Creation or maintenance of a shore protection structure, except that restoration of a seawall or riprap at its previous location,
upland of its previous location, or within one foot waterward of its previous location is hereby exempted from any requirement to
make application for consent of use;
8. installation or maintenance of oil and gas transportation facilities;
9. Creation, maintenance, replacement or expansion of facilities required for the provision of public utilities; and
10. Other activities which are a public necessity or which are necessary to enhance the quality or utility of the preserve and
which are consistent with the act and this chapter.
(f) Far activities listed in paragraphs 15-20.004(1)(e)L-10., Florida Administrative Code above, the activity shall be designed so
that the structure or structures to be built in, on or over sovereignty lands are limited to structures necessary to conduct water
dependent activities.
(g) For activities listed in subparagraphs 18-20,004(1)(e)% 8., 9. and 10., Florida Administrative Code above, it must be
demonstrated that no other reasonable alternative exists which would allow the proposed activity to be constructed or undertaken
outside the preserve.
(h) The use of state-owned lands for the purpose of providing private or public road access to islands where such access did not
previously exist shall be prohibited. The use of state-owned lands for the purpose of providing private or public water supply to
islands where such water supply did not previously exist shall be prohibited.
(i) Except for public navigation projects and maintenance dredging For existing channels and basins, any areas dredged to
improve or create navigational access shall be incorporated into the preempted area of any required lease or be subject to the
payment of a negotiated private easement fee.
1) All private residential multi -slip docking facilities and commercial, industrial and other revenue generating/income related
docking [facilities require a lease from the Board in accordance with the application procedures and fees of Chapter 18-21, Florida
Administrative Code.
(k) Aquaculture and beach renourishment activities which comply with the standards of this chapter and Chapter 18-21, Florida
Administrative Code, may be approved by the Board, but only subsequent to a formal finding of compatibility with the purposes of
Chapter 258, Florida Statutes, and this rule chapter.
(1) Other uses of the preserve, or human activity within the preserve, ahliough not originally contemplated, may be approved by
the Board, but only subsequent to a formal finding of compatibility with the purposes of Chapter 258, Florida Statutes, and this rule
chapter.
(2) PUBLIC INTEREST ASSESSMENT CRITERIA.
In evaluating requests for the sale, lease or transfer of interest, a balancing test will be utilized to determine whether the social,
economic and/or environmental benefits clearly exceed the costs.
(a) GENERAL BENEFIT/COST CRITERIA:
1. Any benefits that are balanced against the costs of particular prQiect shall be related to the: affected aquatic preserve;
2. In evaluating the benefits and costs of each request, specific consideration and weight shall be given to the quality and nature
of the specific aquatic preserve. Proiects in the less developed, more pristine aquatic preserves such as Apalachicola Bay shall be
subject to a higher standard than the more developed preserves; and,
3. For projects in aquatic preserves with adopted management plans, consistency with the management plan will be weighed
heavily when determining whether the project is in the public interest.
(b) BENEFIT CATEGORIES:
I. Public access (public boat ramps, boatslips, etc.);
?. Provide boating and marina services (repair, pumpout, etc.);
3. Improve and enhance public health, safety, welfare, and law enforcement;
4. Improved public land management,
5. Improve and enhance public navigation;
6. Improve and enhance water quality;
7. lnhancesnent/restoration of natural habitat and functions; and
S. Improve/protect endangered/threatened/unique species.
(c) COSTS:
1. Reduced/degraded water quality;
?. Reduced/degraded natural habitat and function;
3. Destruction, harm or harassment of endangered or threatened species and habitat;
4. Preemption of public use:
5. Increasing navigational hazards and congestion;
6. Reduced/degraded aesthetics; and V
7. Adverse cumulative impacts.
(d) EXAMPLES OF SPECIFIC BENEFITS:
1. donation of land, conservation easements, restrictive covenants or other title interests in or contiguous to the aquatic preserve
which will protect or enhance the aquatic preserve:
2. Providing access or facilities for public land management activities;
3. Providing public access easements and/or facilities, such as beach access, boat ramps, etc.;
4. Restoration/enhancement of altered habitat or statural functions, such as conversion of vertical bulkheads to riprap and/or
vegetation for shoreline stabilization or re-establishment of shoreline or submerged vegetation;
5. Improving fishery habitat through the establishment of artificial reefs or other such projects, where appropriate;
6. Providing sewage pumpout facilities where normally not required, in particular, facilities open to the general public;
7. Improvements to water quality such as removal of toxic sediments, increased flushing and circulation, etc.;
8. Providing upland dry storage as an alternative to wetslip; and
9. Marking navigation channels to avoid disruption of shallow water habitats.
(3) RESOURCE MANAGEMENT.
(a) All proposed activities in aquatic preserves having management plans adopted by the Board muss demonstrate that such
activities are consistent with the management plan.
(b) No drilling of oil, gas or other such (yells shall be allowed.
(c) Utility cables, pipes and other such structures shall be constructed and located in a manner that will cause minimal
disturbance to submerged land resources such as oyster bars and submerged grass beds and do not interfere with traditional public
uses.
(d) Spoil disposal within the preserves shall be strongly discouraged and may be approved only where the applicant has
demonstrated that there is no other reasonable alternative and that activity may be beneficial to, or at a minimum, not harmful to the
quality and utility of the preserve.
(4) RIPARIAN RIGHTS.
(a) None of the provisions ofthis rule shall be implemented in a manner that would unreasonably infringe upon the traditional,
common law and statutory riparian rights of upland riparian property owners adjacent to sovereignty lands.
(b) The evaluation and determination of the reasonable riparian rights of ingress and egress for private, residential multi -slip
docks shall be based upon the number of linear feet of riparian shoreline.
(c) For the purpose of this rule, a private residential. single-family docking facility which meets all the requirements of
subsection 18-20.041(5), Florida Administrative Code, shall be deemed to meet the public interest requirements of paragraph 18-
20.004(1)(b), Florida Administrative Code. However, the applicants for such docking facilities must apply for such consent and
must meet all of the requirements and standards of this rule chapter.
(5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES.
(a) All docking facilities, whether for private residential single-family docks, private residential multi -slip docks, or
commercial, industrial, or other revenue generatingjincome related docks or public docks or piers, shall be subject to all of the
following standards and criteria.
1. No dock shall extend waterward of the mean or ordinary high water line more than 500 feet or 20 percent of the width of the
waterbody at that particular location, whichever is less.
2. Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management
considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these
resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading.
3. Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall
consider the number, lengths, drafts and types of vessels allowed to use the facility.
4. In a Resource Protection Area I or 2, any wood planking used to construct the walkway surface of a facility shall be no more
than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other
than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood
construction.
5. In a Resource Protection Area 1 or 2, the main access dock shall be elevated a minimum of five (5) feet above mean or
ordinary high water.
6. Existing docking facilities constructed in conformance with previously applicable rules of the Board and in confonnance with
applicable rules of the Department are authorized to be maintained for continued use suiaject to the current requirements of Chapter
18-21, Florida Administrative Code. Should more than 50 percent of a nonconforming structure fall into a state of disrepair or be
destroyed as a result of any natural or manmade force, the entire structure shall be brought into full compliance with the current rules
of the Board. This shall not be construed to prevent routine repair.
(b) Private residential single-family docks shall conform to all of the following specific design standards and criteria.
1. Any main access dock shall be limited to a maximum width of four (4) feet.
2. The dock decking design and construction will ensure maximum light penetration, with full consideration of safety and
practicality.
3. The dock will extend out from the shoreline no further than to a maximum depth of minus four (- 4) feet (mean low water).
4. When the water depth is minus four (- 4) feet (anean low water) at an existing bulkhead the maximum dock length from the
bulkhead shall be 25 feet, subject to modifications accommodating shoreline vegetation overhang.
5. Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation acid shall be
built in such a manner as to be part of the dock structure.
b. Terminal platform size shall be no more than 160 square feet.
7. If a terminal platform terminates in a Resource Protection Area 1 or 2, the platform shall be elevated to a minimum height of
five (5) feet above mean or ordinary high water. Up to 25 percent of the surface area of the terminal platform shall be authorized at a
lower elevation to facilitate access between the terminal platform and the waters of the preserve or a vessel.
8. Docking facilities in a Resource Protection Area 1 or 2 shall only be authorized in locations having adequate existing water
depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use in
order to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the top of any submerged
resources at mean or ordinary low water; and
9. Dredging to obtain navigable water depths in conjunction with private residential, single-family dock applications is strongly
discouraged.
(c) Private residential multi -slip docks shall conform to all of the following specific design standards and criteria.
1. The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to
ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a
single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement
or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 10:1
threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for
additional docking facilities.
2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2, except as allowed pursuant to
subsection 258.42(3), Florida Statutes, while dredging in Resource Protection Area 3 shall be strongly discouraged.
3. Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to
pass through a Resource Protection Area 1 or 2, to reach an acceptable Resource Protection Area 3, when reasonable assurances are
provided that such crossing will generate no significant negative environmental impact.
4. Main access docks and connecting or cross walks shall not exceed six (6) feet in width.
5. Terminal platforms shall not exceed eight (8) feet in width.
6. Finger piers shall not exceed three (3) feet in width, and 25 feet in length.
7. If requested by the applicant, pilings may be used to provide adequate mooring capabilities.
8. The provisions of paragraph 18-20.004(5)(d), Florida Administrative Code, shall also, apply to private residential multi -slip
docks.
(d) Commercial, industrial and other revenue gencrating/incotne related docking facilities shall conform to all of the following
specific design standards and criteria.
1. Docking facilities shall be authorized only in locations having adequate circulation and existing wetter depths in the boat
mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use to ensure that a
minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom of the waterbody at mean or
ordinary low water.
2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2. except as allowed pursuant to
Sections 258.42(3), Florida Statutes; while dredging in Resource Protection Area 3 shall be strongly discouraged.
3. Docking facilities shall not terminate in Resource Protection Area I or 2; however, main access docks will be allowed to pass
through Resource Protection Area 1 or 2, to reach an acceptable Resource Protection Area 3, when reasonable assurances are
provided that such crossing will generate no significant negative environmental impact.
4. Docking facilities shall be sited to ensure that boat access routes avoid injury to marine grassbeds or ocher aquatic resources
in the surrounding areas.
5. Expansion of existing facilities shall take precedence over approval of new facilities_
6. Use of upland dry storage shall take precedence over the creation of new wet slips.
7. Marinas shall not be sited within state designated manatee sanctuaries.
8. In any areas with known manatee concentrations, manatee awareness signs or informational displays shall be specified as part
of a wetland resource or environmental resource permit for the facility.
(e) Alterations to the criteria in subsection 18-20.004(5), Florida Administrative Code, shall be authorized to accommodate
persons with disabilities or to comply with Americans with Disabilities Act.
(6) MANAGEMENT AGREEMENTS.
The Board may enter into management agreements with local agencies for the administration and enforcement of standards and
criteria for private residential single-family docks.
(7) In addition to the policies, standards and criteria delineated in subsections (1) through (6), the provisions of the following
management plans apply to specific aquatic preserves and are incorporated herein by reference. Where regulatory criteria in Chapter
18-20, Florida Administrative Code, may differ with specific policies in the management plans listed herein, the general rule criteria
shall prevail.
Date Adopted
Alligator Harbor
September 23, 1986
Apalachicola Bay
January 22, 1992
Banana River
September 17. 1985
Cockroach Bay
April 21, 1987
Estero Bay
September 6, 1983
Charlotte Harbor (Cape Haze, Gasparilla
May 18, 1983
Sound -Charlotte Harbor, Matlacha Pass
and Pine Island Sound)
Coupon Bight
January 22, 1992
Ft. Pickens State Paris
January 22, 1992
Guana Diver Marsh
December 17, 1991
Indian River -Malabar to Vero Beach
January 21, 1986
Indian River Lagoon (Vern Beach to Fort
January 22, 1985
Pierce and Jensen Beach to Jupiter Inlet)
Lake Jackson
July 23, 1991
Lemon Bay
April 7, 1992
Lignumvitae Key
December 17, 1991
Loxahatchee River -Lake Worth Creek
June 12, 1981
Mosquito Lagoon
July 9, 1991
Nassau Diver -St. Johns River Marshes and
April 22, 1986
Foil Clinch State Park
North Fork of the St. Lucie River
May 22, 1981
dklawaha River
May 5, 1992
Peliicer Creek
July 9, 1991
Rocky Bayou
December 17, 1991
Rookery Bay (Cape Romano - Ten
June 28, 1988
Thousand Islands)
St. Andrews Bay
May 14, 1991
St. Joseph Bay (Revised)
April 15, 1997
St. Martins Marsh
September 9, 1987
Terra Ceia
April 21, 1987
Tomoka Marsh
April 21, 1992
Wekiva River
August 25, 1987
Yellow River Marsh
September 12, 1991
,Spectl'tr.4u1hari[y 258.43(1) rS. Lour hnplenaerued 258.41. 258.42, 258.43(1), 258.44 l,:S. Hasty}+ -Nein 2-25-81, .: mended 8-%85, Formerly 16®-
20 04, 160-20 004, 11mended 9-4-88,, 3-6-94, 4-27-94, 6-12-97, 9-29-97 5-27--99.