all phenomena and problems related to marine waters and the means by which these marine resources might be conserved, developed and replenished.

Sec. 28. 1-196. In conducting its studies and investigations under the preceding section the Institute is authorized to obtain and make use of the services of any agency, public or private. The Institute is further authorized, subject to the provisions of law, to solicit, accept and make use of such funds as are made available from any source, public and private, for the purpose of furthering the studies and investigations and to work and cooperate with appropriate State agencies and with similar agencies and institutions in other states and the United States in conducting the work authorized hereby. The Institute, its officers, agents, employees, or persons operating under its direction may take or cause to be taken for scientific purposes, any fish or other marine organism at any time from the waters of Virginia, and with the consent of the Commission of Fisheries, may cause or permit to be sold such fisheries or parts of fisheries so taken as may not be necessary for such purposes.

Sec. 28. 1-197. The operation of the Institute, including selection of personnel, shall be by a Board of Administration consisting of the Commissioner of Fisheries, ex-officio, and eight other citizens of the State familiar with various phases of the seafood and other maritime segments appointed by the Governor, who shall appoint the chairman. A person holding some other State office may be appointed to the Board. Insofar as possible representation shall be given all branches of the seafood and maritime industries.

The terms of office of the members shall be as follows: four shall be appointed for terms of two years and four shall be appointed for terms of four years. Their successors shall be appointed for terms of four years. Vacancies occurring otherwise than by expiration of term shall be filled for the unexpired term. The first anpointments hereunder shall begin July one, nineteen hundred sixty-two. No member appointed by the Governor shall be eligible to serve for more than two successive terms, provided that a member appointed to fill a vacancy shall be appointed for the unexpired term and may thereafter be appointed to serve two additional successive terms. The Director of the Institute shall be appointed by the members of the Board of Administration to serve at the pleasure of the Board.

The members of the Board shall receive no compensation for their services but appointive members shall be paid their necessary expenses incurred in the discharge of their duties to be paid from appropriations to the Institute.

The use of Institute personnel in educational programs shall be subject to approval of the educational affiliates concerned. Personnel from other institutions and agencies involved in research and educational activities shall be subject to the approval of the Board of Administration of the Institute. The State personnel and appropriation acts shall apply to the Institute.

Sec. 28. 1-198. Expired March 2, 1963.

Sec. 28. 1-199. The Institute shall make an annual report of its findings and recommendations to the Governor and the General Assembly.

Sec. 28. 1-200. It shall be unlawful and constitute a misdemeanor for anyone without authority to destroy, remove, damage, or molest any property of the Institute.

Sec. 28. 1-201. (Reserved)

To Whom It May Concern:

COMMONWEALTH OF VIRGINIA,

GOVERNOR'S OFFICE, Richmond, June 22, 1970.

This is to inform you that under the provisions of Chapter 9, Title 28 of the Code of Virginia, the Virginia Institute of Marine Science is the principal agency responsible for research, advisory services and education in the marine sciences. It is, therefore, the Coastal Zone Laboratory program of the Commonwealth. We hope that Virginia and the Institute will be able to contribute significantly to and participate in the developing Coastal Zone Management System.

LINWOOD HOLTON, Governor.

COMMONWEALTH OF VIRGINIA,

GOVERNOR'S OFFICE, Richmond, September 24, 1970.

To Whom It May Concern:

Under provisions of Chapter 9, Title 28 of the Code of Virginia, the Virginia Institute of Marine Science is the principal state agency or institution for marine science and marine science affairs. Inasmuch as the Institute, under the law, is also the state advisory agency on matters pertaining to marine science, marine environment and marine resources, its principal professional executive officer, the Director, is the Marine Science Advisor to the Commonwealth.

Any assistance that you can render Dr. William J. Hargis, Jr., Diretcor of the Institute, in developing a sound program in Marine Science for Virginia and the nation will be greatly appreciated.

LINWOOD HOLTON, Governor.

THE NEED FOR A SEPARATE NATIONAL COASTAL ZONE MANAGEMENT PROGRAM (By William J. Hargis, Jr., Ph.D., Director, Virginia Institute of Marine Science (Gloucester Point, Virginia 23062) and Chairman, Coastal States Organization)

A. Personal Credentials

I. PREFATORY REMARKS

1. Biological Oceanographer and Marine Resource Specialist by training and experience.

2. Director, Virginia's Coastal Zone Laboratory-Virginia Institute of Marine Science. (See attached memorandum dated 22 June 1970.)

3. Marine Science Advisor, Commonwealth of Virginia. (See attached memorandum dated 24 September 1970.)

4. Chairman, Coastal States Organization.

B. The Coastal States Organization-What is it?

1. Group of Gubernatorially appointed delegates and alternates from 26 of the approximately 35 coastal and Great Lakes States, Commonwealths and Territories.

2. Goals of Organization:

(a) Communications between states on matters of mutual interest to member states.

(b) Joint consideration of certain problems or projects of mutual interest. (c) Development of representative positions on matters of interest to coastal states.

(d) Interjection of state interests and positions into national legislative activities of mutual concern, such as National Oceanographic Program, National Coastal Zone Management Program, National Coastal Zone Research or Laboratory Programs, and similar activities.

(e) Interjection of state interests into activities of federal agencies with responsibilities and programs in oceans, estuaries, and the coastal zone. 3. Activities to date: Helping develop legislation relating to National Coastal Zone Management and National Coastal Zone Research or Laboratory programs. (We have worked with the Subcommittee on Oceanography of the Senate Commerce Committee in development of many details of S. 582.)

II. IMPORTANCE OF AND RATIONALE FOR DEVELOPMENT OF A SEPARATE COASTAL ZONE MANAGEMENT AND RESEARCH PROGRAM

A. Environmental Management, Essentials

In the broad context, general principles of environmental and resource management can be applied to essential coastal and oceanic areas. Furthermore, it is clear that environmental and resource systems of Earth, physical, chemical, geological and biological or terrestrial, aquatic and atmospheric, are a continuum. But divisions are necessary to comprehension and manageability! There are ample reasons to separate "upland" terrestrial and atmospheric entities from coastal zone, or vice versa, in development of a truly "National" (state-federallocal) Coastal Zone Management system. These are:

1. Different Regime Naturally

The coastal Zone is sufficiently different as to be considered separate on natural grounds. The differences can be expressed in many ways, e.g. ecologists', geolo

gists' or geographers' terms, but the coastal zone is markedly different from adjacent terrestrial and oceanic areas. It is the interface between deep ocean regimes, inshore oceanic regimes, and terrestrial regimes—a highly dynamic and variable system. Involved are (broadly):

(a) Wetlands and shoreline borders of the "dry" land.

(b) Subaqueous lands and surface minerals.

(c) Subsurface minerals and sedimentary materials and resources.

(d) Waters, fresh, brackish and salt.

(e) Biological organisms and communities are closely integrated and dependent upon water and subaqueous "lands." Many are of great economic and aesthetic importance.

All these elements of the coastal zone are closely situated temporally and spatially and closely interdependent. They are a unit. Management can and must be approached as a unit.

We are all much concerned over the environments and resources of the world's oceans. The coastal zone is the "key" or gate to the oceans! Effective management in the coastal zone almost automatically assures control over quality of ocean environments and quantity of resources.

2. Different Regime Socially

The coastal zone is region of heaviest impingement between (a) man, (b) the terrestrial environment, and (c) the Sea.

(a) Most people of the United States live in coastal zone. Upward gains in long-term as well as short-term population continue.

(b) Heavy public interest in environment and resources of coastal zone. That is, ownership of environments and resources is divided between public and private owners, with the predominance public. Private owners control much of the adjacent "highlands." Highlands are variously described in the legal structures of the several coastal states. Most hold the lands and bottoms below Mean High Water (MHW) to the "commons" or public domain. In these, private_owners, except in special cases, hold much of the land aboye Mean High Water. In a few states, like Virginia, they even hold intertidal lands down to Mean Low Water giving them a "stranglehold" on many resources, phenomena and amenities that are important to the public. It is in coastal zone that greatest contests between public and private interests and rights will take place.

(c) Multiple demands and uses for environments, qualities and resources of coastal zone add extra dimension to social complexity and conflict.

3. Different Industrial and Commercial Regime

(a) Generally, the coastal zone is site of greatest commercial and industrial development due to global transport patterns and to location of population.

(b) Upward trend continues as world shrinks, population levels climb and as industrial demand for water, in vast quantities available only in estuaries and along coastlines, increases.

4. Politically Complex Regime

Because of the characteristics enumerated above, the coastal zone (s of the United States (and world) are extremely complex politically. A further dimension of complexity is added when the interests of Nations meet and contend at the borders of territorial and resource sovereignty and bi- and multi-national management must be considered.

5. Socially and Politically Important

(a) The National Governors' Conference, recognizing the acute and difficult nature of the problems of managing the environments and resources of the coastal zone, has twice urged the development of a suitable National Coastal Zone Management Program.

(b) The National Legislative Conference has taken a similar stand.

(c) The Governors have sanctioned and authorized the development and operations of the Coastal States Organization.

(d) Most coastal states, realizing the growing problems, are developing programs for better planning and management, some in anticipation of development of an umbrellar National program.

6. Principal Control Point for Ocean (A Repetition for Emphasis!) Much concern is expressed, justifiably, over the condition and future of the world's oceans. Strategically, and tactically, the coastal zones are the key to preservation (and use) of ocean environments and resources.

(a) Most effluvia and rejecta of man reach oceans via coastal zone. The major estuaries are vast hypodermic syringes injecting wastes and naturally derived materials from land masses into oceans.

(b) Effective management of the environments of the coastal zone will constitute a major step toward preserving the quality of the oceans.

(c) Effective management of man's activities, ingress and egress, offloading and onloading, transfer from international to interstate commerce and others will permit further control of the environments and resources of the seas and the coastal zones.

B. Requirements for Strategic Management Program Development

1. The coastal zone is a complicated and variable regime or set of systems. Its natural, social, economic, and political complexities have been itemized and annotated above.

It is sound strategy to focus special attention on areas and problems such as this! For this reason alone a separate National Coastal Zone Management Program would be justified. But there are other important reasons.

Such a complicated and variable system cannot be approached with a simplistic "control model" approach-a complex management strategy is required. All techniques must be used-all leverage points must be exercised! Thus, a mixture of management techniques with all utilized as required or available in unison or in concert.

Land planning and management are important to maintenance of essential environments and resources as well as of simple availability. Options must be utilized and options for future uses must be preserved. This demands the spectrum of zoning, easements and public acquisition by all legitimate techniques, tax relief, etc. Further, states must institute or refine and utilize the full range of user permit, lease and licensing powers and possibilities to manage developments in shorelines and shallows, dredging and filling. Renewables such as fishery resources and non-renewables such at minerals. Water-use and discharge permits in compliance with a full-range of quality standards and locality and quantity controls are also essential components of our management mix as are public health and ecological control techniques.

Solutions worked out in the coastal zone can serve as prototypes or models for solution of the broader problems of upland land-use planning and management.

III. WHAT NOW!

A. Characteristics of an Effective "National" Coastal Zone Management System Clearly, an effective National Coastal Management System must recognize the above enumerated features and requirements. It must also be constitutionally sound and recognize where prerogatives and responsibilities of states begin, where federal responsibilities begin, and where they do-and must-blend.

As Governor Sargent (of Massachusetts) said at a recent meeting on regional coastal zone problems before the New England River Basins Commission in Boston, states are primary managers of the coastal zone, but joint state, federal— and local-efforts must be involved with the full range of "carrot and stick" guidelines and incentives invoked at national and state levels.

1. Sound strategy demands federal-state-local involvement with principal contacts between federal and states and leaving the state to specify internal details and deal with or delegate to local, regional and interstate entities. Since states, state organizations and state-local arrangements vary throughout the Nation, a flexible approach is required.

2. Organization-(a) A federal lead agency and coordinator must be designed with all pertinent departments, agencies, bureaus, commissions and councils available and involved; (b) A state lead agency for planning and/or management. (Both elements must be involved, but both needn't necessarily be in the same agency.)

3. Planning, management and scientific and technical components of a sound coastal zone management system must be present, available and coordinated. Research is an adjunct to planning and management and must operate as such, with appropriate strictures-of course!

A separate statement has been prepared on this aspect of the overall National Coastal Zone Management Program for inclusion in the record.

4. Difficulties-(a) Many difficulties will be experienced. Many can, indeed, be foreseen, but we mustn't let them frighten us into inaction. Problems are urgent and worsening. Government at all levels must move on this acute problem area in an effective, coordinated fashion.

(b) Organization-Reorganization-Any arrangement to accomplish coastal zone management (with planning) of necessity will be complicated. We must not bog down or lose impetus in reorganizational activities whose purposes and promises are unclear save for neat tables of organization. Reorganization per se should not be a goal nor should it be forced upon the states. Effective management of the resources and environments of the Coastal Zone is the goal. Many possible avenues or organizational structures are possible but all must have certain essential features and all must be operated by competent, dedicated, oriented and wellsupported people.

(c) Action ASAP-The situation in the coastal zone is approaching criticality. Action is needed! We cannot wait until the Nation is ready for full land-use planning to approach the critical coastal zone. The coastal zone has attracted attention and there is a strong impetus for a meaningful National Coastal Zone Management Program. We must not lose this impetus !

The states must work with federal executive and legislative bodies to continue development of an acceptable Coastal Zone Management Act. A Coastal Zone Research or Laboratory Act should also be brought along. They should merge after passage into an effective unit.

2. Coastal States Organization plans to make every effort to accomplish these objectives. We are highly interested in these vital programs and are willing to assist in their development in any reasonable way. We commend the interest, concern and past activities of this Subcommittee and wish to urge you in this activity.

To Whom It May Concern:

COMMONWEALTH OF VIRGINIA,

GOVERNOR'S OFFICE, Richmond, June 22, 1970.

This is to inform you that under the provisions of Chapter 9, Title 28 of the Code of Virginia, the Virginia Institute of Marine Science is the principal agency responsible for research, advisory services and education in the marine sciences. It is, therefore, the Coastal Zone Laboratory program of the Commonwealth. We hope that Virginia and the Institute will be able to contribute significantly to and participate in the developing Coastal Zone Management System.

To Whom It May Concern:

LINWOOD HOLTON, Governor.

COMMONWEALTH OF VIRGINIA,

GOVERNOR'S OFFICE, Richmond, September 24, 1970.

Under provisions of Chapter 9, Title 28 of the Code of Virginia, the Virginia Institute of Marine Science is the principal state agency or institution for marine science and marine science affairs. Inasmuch as the Institute, under the law, is also the state advisory agency on matters pertaining to marine science, marine environment and marine resources, its principal professional executive officer, the Director, is the Marine Science Advisor to the Commonwealth. Any assistance that you can render Dr. William J. Hargis, Jr., Director of the Institute, in developing a sound program in Marine Science for Virginia and the nation will be greatly appreciated.

LINWOOD HOLTON, Governor.

Dr. HARGIS. Mr. Chairman, the Coastal States Organization is an organization of gubernatorially appointed delegates from approximately 26 of the 33 to 35 coastal and Great Lakes States, Commonwealths, and Territories of the United States.

The goals of the Coastal States Organization are to facilitate communications between the States, to undertake a joint consideration of projects or problems of mutual interest to the coastal States, the development of representative positions, and the interjection of State objectives and positions into national legislative activities.