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ering management of the estuarine area. The trap of locking federal control 

 in an area where the need for the federal catalyst, coordination, leadership and 

 capacity is ohvious, must not be allowed to be successful in this instance. 



Our concept of government has changed greatly throughout the last few 

 decades. It is no longer a series of self-contained cubicles bounded by local 

 or state artificial boundaries. As stated by Commissioner Robert C Yosi at 

 the recent Williamsburg Conference, "Government should be where the action 

 is." Which government? The government which contains the best capability 

 to meet the particular problem or problem area at hand ; the government which 

 is best equipped to handle the particular challenge presented. When dealing 

 with a multi-nature problem area such as the coastal and estuarine zones, 

 a multi-level governmental "system" is necessary. A network which effectively 

 creates an inter-relationship and interface between all levels of government 

 which necessarily come in contact with the ©stuarine and coastal zone. Namely, 

 an inter-relationship between the local, state and federal government which 

 would effectively navigate to each level that particular function which it is 

 best suited to handle and to conduct itself both individually and in an overall 

 coordinated system. This cannot be accomplished by fearing to venture, to some 

 extent, with new concepts and true innovations. 



Presently, whether it be recognized or not, the federal control, witJa regard 

 to various aspects of the estuarine and coastal zone is deeply indebted. As 

 previously stated, approximately five executive departments, twenty bureaus, 

 and many federal councils and institutions concerning itself in these areas 

 have already transgressed traditional boundaries. 



The underlying considerations and the underlying fear of potential legal 

 dispute in the approach being set forth at this time, are to a great extent 

 exaggerated and unjustified. The commission and the proposal before the sub- 

 committee today sets forth major policy decision to vest the management of 

 this zone primarily with voluntary illusory state authorities. This is a step 

 backwards and a step which will render ineffectual the tremendous factual 

 compilation and recommendations that has been accomplished by the commission. 

 Yet, on the other hand, it is obvious that the commission recognizes the danger 

 of such a proposal. For example, it reaffirms the power of individual states to 

 regulate fisheries and on the other hand recommends a special power for the 

 federal government to intervene and assume certain regulation of endangered 

 "interstate" circumstances where the same is needed and the state has failed 

 to take action. There are those that have and will challenge the constitutional 

 authority of the federal government to take the role proposed by the undersigned. 

 The constitutional division of powers between the federal and state must be 

 viewed in the light of the new developing jurisprudence. The relevant portions 

 of the Constitution must be interpreted in light of today's needs, today's develop- 

 ments and the expansive nature of the commerce clause, the several provisions 

 of the Constitution dealing with the national defense power, the federal property 

 power and the Tenth Amendment. These provisions basically provide all of the 

 necessary legal basis for the assertion of federal responsibility in the coastal 

 zone. 



The commerce clause has in the last century taken on a new face. It has served 

 as the vehicle of interjecting federal power and the exercise of federal manage- 

 ment in areas requiring the same. The estuarine and coastal zone is no exception. 

 It should be noted and made absolutely clear that by interjecting this federal 

 interface it need not preclude state action, however, the federal role must be 

 predominent in the event the delegated responsibilities of the state government 

 fail. 



Obviously, the commerce and defense powers and other related federal powers 

 provide the partial explanation of the federal involvement in navigational, 

 shoreline, and other marine works of improvement. Significantly federal property 

 power has been exercised. Admittedly much control over the Coastal Zone 

 is comfortably encompassed in the powers constitutionally reserved to the state 

 by the Tenth Amendment, however, as previously stated, the new jurisprudence 

 recognizes the necessity of inter-relationship of governments. In fact, very 

 relevant examples can be pointed to. The field of pollution control is cited : the 

 field of water resource program is cited ; regulation of population in the areas of 

 fisheries ; regulation in the areas of wildlife ; rgulation in the area of recrea- 

 tion. Admittedly, most of the programs that are referred to as examples are 

 programs that vest primary control in state government, however, effectively 

 provide the teeth to enforce federal standards and guidelines. This must be 

 the aim and result of the proposed management system for the estuarine area. 



