Estuary protection: an overview of terms.
Coastal marshes alongside bays and estuaries are "every bit as much a part of our natural heritage as are mountains and great rivers."
Edward Kennedy
Need for cooperation among local, state and federal authorities to protect entire coastal wetland ecosystems.estuaries and their biotic wealth were popularized by books and mediaLegally defined estuarine marshes eligible for protection
Tri-level planning to protect coastal resources was a forerunner of NEPA and CZM Act
1970 ruling on Boca Ciega Bay filling in Pinellas County, Fla. reflected the new status.
Between the Devil and the Deep Blue Bay, Harold Gilliam
Critics of marshland preservation as a waste of waste lands
Criticism of the 1968 Act's weaknesses: Many argued that the language of the bill was more a statement of intent and a special sentiment than it was a mandate to preserve the water and land quality of coastal marshes.
ad valorem taxation problem for strapped municipalities
equity in cost sharing of protecting common resources
wildlife protection required land and water acquisition
recreation access often was counter to protection
The public trust doctrine suggested that water levels are for the protection of resources the public has access to in terms of hunting (birds) and fishing (fisheries).
Tragedy of the Commons problem of common property resources with private profiteering at a cost to the public
Several commons intersect in the estuary -- an edge effect for
biotic integrity clashed with layered common property resources such as fish,
birds, recreation and water quality.
Coercion and mutually agreed upon controls involve watching of agencies to protect coastal zones.
Section §404 of the Clean Water Act, narrowly read by ACE to allow upland fill at the owners discretion would undermine estuarine integrity.Challenges of estuarine protection on a national scale, represented a change despite the lack of funding and enforcementTidelands require water and land protection together, not merely one to the detriment of the other.
Polluted water undermines the land's integrity, health and functionality.