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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