Comment from Cynthia Cavalenes-Jarvis

After reviewing the progression and development of the important regulations within the marine sanctuaries off the California coast, I am struck by the shortsightedness of the individual departments and commissions involved in developing the regulations intended to protect the sanctuaries. It is clear that there is a common interest in providing protection and preservation for the fragile marine ecology of these sanctuaries. The California Department of Fish and Game, California Department of Boating and Waterways, the California Coastal Commission, the California State Lands Commission and the National Oceanic and Atmospheric Administration have clearly focused closely on the details of the rulemaking and in their own agency’s agendas. In the process they lost sight of the fragile ecology of our governmental system. Thankfully Governor Schwarzenegger recognized the danger and intervened by exercising a gubernatorial objection blocking the State of California’s loss of governance over its own waters and submerged lands. Our constitution’s Tenth Amendment states “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” For the past two centuries questions regarding federal versus state rights have been brought before the Supreme Court for resolution. President Clinton’s 1999 Executive Order 13132 provided a clearer definition regarding the roles of the federal and state governments. Executive Order 13132 states in Section 2 (a) “issues that are not national in scope or significance are most appropriately addressed by the level of government closest to the people” (Presidential Documents, 1999). Although this particular issue of which government entity exercises generally accepted rules over a section of water and submerged lands may seem trivial on the surface, it is actually quite significant. The loss of state governance to a federal entity sets a precedent which has been the root of many disagreements and Supreme Court judgments over the history of our country. This seemingly small issue is huge in the scope of federalism implications. I applaud the Governor’s interception of this misstep by well meaning bureaucrats and I applaud the National Oceanic and Atmospheric Administration’s wisdom in seeing the error and making the appropriate adjustments.