Shore Fisheries has general responsibility for coastal fisheries. Land acquisition is a function of the 

 Inland Fisheries and Game Department (for waterfowl) and the State Park Commission for recreational 

 park purposes. 



Funding Wetland acquisition for water fowl purposes is proceeding at about $20,000 annually. 

 Twenty-two miles of waterfront valued at $3 million are owned by the State Park Commission, and 

 another $2 million in bond issues is pending. 



Court Test The wetland acquisition program has apparently been sustained in court. 



Coordination of Regulation and Development Some coordination may be achieved by the 

 Interdepartmental Task Force or Water and Related Land Resources. 



Maryland Regulation Other than general water pollution control legislation and local zoning controls, 

 the protection of estuaries in Maryland is apparently provided through controls over State owned lands. 



Acquisition Lands bordering estuaries are acquired by the Department of Game and Inland Fish and 

 the Department of Forests and Parks (both under a Board of Natural Resources). 



Agency Controls over State owned lands are delegated to the Board of Public Works on 

 recoimnendations of the Department of Chesapeake Bay Affairs, the Department of Water Resources, 

 the Department of Game and Inland Fish, and the Department of Forests and Parks. Acquisition is by 

 the Department of Game and Inland Fish or the Department of Forests and Parks. 



Planning An extensive planning study of all wetlands, including estuaries, is underway. 



Court Tests The State's control over taking of sand and gravel from the Potomac has been sustained 

 in court. 



Coordination Coordination of conservation, development, and navigation is by the Board of Natural 

 Resources, meeting with the Director of Economic Development and Planning Department representa- 

 tives. 



Massachusetts Regulation Other than water pollution control legislation, Massachusetts principal 

 regulatory controls for estuaries consist of: (1) a statute prohibiting the removing, filling, or dredging of 

 any bank, flat, marsh, meadow, or swamp bordering on coastal waters, without specified local and State 

 permission or restrictions and (2) a related statute authorizing a "rule making" approach, under which 

 the Commissioner of Natural Resources with the approval of the Board of Natural Resources may adopt 

 regulations concerning alteration or pollution of coastal wetlands; if these regulations are found in court 

 to constitute a "taking" of property, the Department may proceed to condemn the land in fee or lesser 

 interest by eminent domain. This legislation was enacted after extensive studies and reports. The 

 Department of Natural Resources regards the rule-making authority as the more promising approach. It 

 permits the Department to move on a regional basis to preserve wetlands without waiting for actual 

 development commitments. Under this law, for example, the Department recently established a wetlands 

 protective area covering 35,000 acres in one town. 



Agency The Department of Natural Resources administers the program through several of its 

 divisions. 



Program Goals Program goals being carried out through a series of estuarine studies are to maintain 

 the estuaries in as near as possible to present conditions consistent with management programs. 



Funding Estuarine research is currently supported at about $120,000. 



Court Tests The Massachusetts wetlands permit legislation has been sustained in lower court tests, 

 but the rule-making authority has apparently not yet been litigated. 



Coordination The conservation efforts are coordinated by the Department of Natural Resources 

 with the State Department of PubUc Works, the State Division of Water Pollution Control, the U.S. 

 Corps of Engineers, Bureau of Commercial Fisheries, and Bureau of Sports Fisheries. 



Mississippi Regulation and Acquisition Mississippi apparently has no current program for regulation or 

 acquisition of estuarine areas other than through participation in Corps of Engineers navigation permit 

 proceedings. 



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333-093 O - 69 - 22 



