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1 Ocean L. Memo 1 (1973-1974)

handle is hein.journals/ocoaslme1 and id is 1 raw text is: Ocean Law Memo PREPARED BY THE OCEAN RESOURCES LAW PROGRAM, UNIVERSITY OF ORfE(dW LAW SCHOOL, EUGENE, OREGON 97403 Vol. 1, No. 1 A 50-mile fisheries zone for Oregon? The Oregon Legislature not long ago passed an act that would have established a 50-mile exclusive fishing zone off the Oregon coast. The act was then vetoed by Governor McCall and failed to become law. It should be noted that this act, if it had become law, would supposedly have created a state fisheries zone, not a federal zone. Several state legislatures have considered similar laws, and a few (Massachusetts, for example) have fishing zones of up to 200 miles on their statute books. Is such a zone legal? Even if it is, can it be enforced against foreign fishing? The short answer to these questions is almost certainly: no. The complete answer involves a complicated tour through U.S. Con- stitutional law and international law, so a simplified explanation will instead be attempted. To begin with, our federal system of government divides governmental functions essentially between those functions granted to the federal government and those retained by the states. Regulation of fisheries is generally considered to be a governmental function and has traditionally been carried out by each ocean-bordering state within its boundaries (basically, to the 3-mile limit). Each state has recognized power, or jurisdiction, to regulate anyone's activities occurring within its own boundaries, and this form of jurisdiction is called, naturally enough, territorial jurisdiction. Each state can also exercise personal

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