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estuarine management in the same framework as that of the technical 

 questions. Notwithstanding, a great deal of work must be done if we 

 are to answer the questions having legal overtones in the Nation's 

 estuaries. 



There is a lack of clearly defined jurisdiction for the management of 

 the Nation's estuaries. In terms of conventional legal categories, the 

 rights of competing parties to resources which the estuary supports 

 must be determined. Who owns the shoreline and the bed of the various 

 estuaries ? What special rights does the law give to private owners of 

 land abutting the estuary ? What rights does the law give all private 

 individuals in estuarine resources ? What is the difference between the 

 rights to flowing waters, to tidal waters, and to marsh areas ? What are 

 the constitutional and territorial limitations on the regulatory powers 

 of the State, the municipalities, and the Federal Government? This 

 brings us to the need to examine and study institutional barriers that 

 prevent sound and equitable management and utilization of estuarine 

 resources, to determine whether they can be removed. We need to pro- 

 mote new institutional arrangements to provide a nationwide pro- 

 tective mantle for estuaries. Studies of State and local government, 

 law, and policies as they pertain to ownership, planning, zoning, and 

 land and water use must be made. Model legislation for the desired 

 results must be developed. 



There is the whole new question of the legal aspects of offshore 

 waters that has been introduced by increased offshore dumping and 

 long outfalls having effects beyond territorial limits, as well as the 

 commercial aspects of fishing, oil development, mining, and other re- 

 sources exploitation. Concentrated research into the means for local 

 control of dumps outside the continental United States needs to be 

 initiated and completed. While certain controls can be exercised at the 

 loading points and during transport of the materials within conti- 

 nental waters, there is a serious question as to whether any legal con- 

 trols can be exercised by State or Federal authorities over dumps out- 

 side the continental United States. Legal control methods must be 

 developed quickly and international ramifications must be fully 

 explored. 



SUMMARY 



A. Planning: 



1. Planners need information concerning human factors to 

 amalgamate with technical knowledge in order to develop a com- 

 prehensive plan of estuarine management which will provide for 

 a program of optimal beneficial action. 



2. Develop capabilities for estuarine resource identification, 

 evaluation, and allocation. 



3. Develop planning criteria for estuarine use. 



4. Develop alternative master plans for long-term estuarine 

 uses. 



B. Economics: 



1. Develop techniques for quantification of social, economic, and 

 aesthetic factors along with technological factors which permit 

 the use of decision models. 



2. Evaluate all aspects of the estuarine resource and determine 

 economic and social benefits and costs. 



