The enforcement potential of 

 the designated programs is influ- 

 enced by a number of factors, includ- 

 ing administrative interpretation of 

 key provisions of the statutes in 

 question, adminstrative willingness 

 to utilize statutory enforcement pro- 

 visions, judicial interpretations, 

 the advance of scientific knowledge 

 and the effectiveness of beneficiary 

 groups, such as fishermen, shell- 

 fishermen, hunters and recreation- 

 ists, in expressing their political 

 will. 



MAJOR PROBLEM AREAS WHICH EXISTING 

 REGULATORY PROGRAMS DO NOT 

 EFFECTIVELY ADDRESS 



Table 1 indicates that some of 

 the pollutant/pollution types and 

 sources affecting the quantity and 

 quality of freshwater inflows to es- 

 tuaries have been identified and are 

 being regulated under existing pro- 

 grams . These include reductions in 

 BOD which affects dissolved oxygen 

 levels, pathogens and, perhaps to a 

 lesser degree, nutrients. In addi- 

 tion, regulatory programs operated 

 under Section 10 of the 1899 Rivers 

 and Harbors Act, 33 U.S.C. S403, and 

 Section 404 of the Clean Water Act, 

 33 U.S.C. S1344, have reduced non- 

 federal discharges of dredged or 

 fill material into waters of the 

 United States, including wetlands, 

 in particular discharges associated 

 with non-water dependent activities. 

 Together with Executive Orders 

 11988, 11990, these same programs 

 have, futhermore, to a limited de- 

 gree, beneficially altered patterns 

 of discharge of dredged and fill 

 material associated with Federal wa- 

 ter resource development and other 

 infrastructure projects. 



On the other hand, as the table 

 indicates, major types and sources 



of pollution of freshwater inflows 

 which degrade estuaries are subject 

 to ineffective regulation; indeed, on 

 the contrary, major economic incen- 

 tives exist, in the form of Federal 

 subsidies, which promote such pollu- 

 tion. The major problem areas in- 

 clude: 



A. All toxins from all sources, 

 particularly from indus- 

 trial, agricultural and 

 street/urban runoff 

 sources . 



B. Changes in the amount and 

 patterns of sediment flow, 

 due to destruction and con- 

 version of riverine wetland 

 vegetation and hydrologic 

 modifications . 



C. Destruction of freshwater 

 wetland/f loodplain ecosys- 

 tems as a consequence of 

 Federal projects, the sec- 

 ondary impacts of such proj- 

 ects and agricultural clear- 

 ing and drainage. 



D. Ground water and surface wa- 

 ter diversion, principally 

 for irrigation, municipal 

 and industrial water supply 

 and perhaps, increasingly in 

 the future, energy develop- 

 ment. 



E. Agriculture as a source of 

 pollution through introduc- 

 tion of toxins and sedi- 

 ment, and clearing and 

 drainage of wetlands. 



F. Federally sponsored, funded 

 and assisted programs—pri- 

 marily Federal water re- 

 sources development, but 

 also federally assisted in- 

 frastructure programs and 

 energy development. 



Recent and on-going administra- 

 tive actions and litigation have in- 

 fluenced the scope and direction of 

 some Federal programs which affect 



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