Other State and Federal Regulations

A number of state and federal laws regulate how estuaries may be used. Most of these laws require that a permit be obtained for any activity which would alter the estuary. Estuary plans provide a framework for permit decisions.

The state of Oregon's authority to regulate estuarine alterations is based on the state's ownership of the beds and banks of most waters in the state and the state' public trust responsibility to manage public resources-including water, fish and wildlife-in the public interest. Federal laws are based on the national government's general mandate to protect public health and welfare and its specific authority over all navigable waters. The authorities delegated to various state and federal agencies are outlined below.

Division of State Lands (DSL)

DSL administers the state's ownership interest in beds and banks of estuaries and issues permits for dredging and filling under the Removal-Fill Law. The Removal-Fill Law sets strict standards for resource protection and requires that DSL solicit comments from a variety of agencies and the public to assure that all public concerns are fully considered. DSL also administers the requirement for mitigation of dredge or fill in intertidal areas.

Department of Fish and Wildlife (ODFW)

ODFW manages fish and wildlife populations in the state and directly regulates fishing and hunting. Since protection of habitat is also critical to management, ODFW advises other agencies and local governments on proper measures to protect and enhance habitat. ODFW biologists and researchers play a critical role in advising DSL and other agencies considering actions which would affect an estuary. ODFW also regulates private fish hatcheries, and is responsible for state-operated fish hatcheries.

Department of Environmental Quality (DEQ)

The Department of Environmental Quality (DEQ) is responsible for maintaining water quality in state waters. DEQ regulates most activities which would affect water quality, including construction of new sewage treatment plants. DEQ is also responsible for regulating nonpoint source pollution (such as agricultural runoff) and hazardous waste disposal.

Other state agencies

The Department of Agriculture issues and monitors leases for oyster rearing and other in-water aquaculture operations. The State Health Division monitors estuarine water quality to assure that oysters are safe to eat.

US Army Corps of Engineers (Corps)

The Corps is responsible for building and maintaining the jetties and ship channels in most development estuaries. The Corps also administers federal laws which require permits for estuarine alterations. These include Section 10 of the Rivers and Harbors Act, which gives the Corps jurisdiction over all navigable waters, and Section 404 of the Clean Water Act, which extends this jurisdiction to all waters of the United States. (This adds tributary streams and wetlands to Corps jurisdiction.) These laws set up standards and procedures similar to those in the Removal-Fill Law for protecting estuarine resources. The Corps is required to consult other agencies and the public before issuing permits.

U.S. Fish and Wildlife Service (USFWS)

USFWS is ODFS's federal counterpart. Under the Fish and Wildlife Coordination Act, USFWS has principal responsibility for advising the Corps about the effects of proposed permits on fish and wildlife. USFWS also advises the Corps on ways that harmful effects of proposed development projects can be avoided or mitigated.

National Marine Fisheries Service (NMFS)

NMFS is responsible for management of ocean fisheries and anadromous fish, such as salmon and steelhead. Since many marine fish are dependent on estuaries at some point in their life cycle, NMFS also advises the Corps about potential impacts of estuarine alterations.

Other Federal Agencies

The Environmental Protection Agency (EPA) is responsible for implementation of the Clean Water Act and shares it authority under Section 404 with the Corps. EPA has other general authority for water quality maintenance similar to DEQ. The Coast Guard regulates construction of bridges and other structures that might interfere with navigation.