NSGLC Advisory Service

The Sea Grant Law Center Advisory Service is a legal research service provided free of charge to the Sea Grant College Program and its constituents. The Law Center is prohibited from providing legal advice or becoming involved in litigation. The information provided by Law Center attorneys is intended for informational purposes only. Organizations requesting legal information should always seek independent, professional legal advice prior to taking action.

Recent Advisory Requests and Legal Research Results (Organized by Topic)
	Admiralty Law
	Question about the application of salvage law to equipment and fishing gear abandoned on Lake Eirie by fishermen stranded on ice which has broken free. Response prepared by Stephanie Showalter, Director, in February 2008. (PDF).
	Aquaculture
	Would California Assembly Bill 1805, introduced by Assembly Member Lloyd Levine, seeking to ban the possession, purchase or sale of farm-raised salmon in California to protect the marine environment and the health of California consumers, survive a court challenge if passed? Response prepared by Stephanie Showalter, Director, in May 2004. (PDF). Question posed by Sea Grant Extension Service, University of California at Davis regarding Hubbs-SeaWorld's Research Institute's plans to farm striped sea bass in net-pens moored in federal waters. Response prepared by Stephanie Showalter, Director, in August 2008. (PDF) Part 2: Aquaculture facilities in federal waters Response prepared by Stephanie Showalter, Director, in August 2008. (PDF) Questions on the territorial limits of federal law in federal waters posed by NOAA's Aquaculture Program. Response prepared by Stephanie Showalter, Director, in June 2009. (PDF)
	Aquatic Species
	Can Minnesota legally ban the importation of minnows? Can Minnesota require persons traveling through the state to obtain permits? Can Minnesota charge non-residents more than residents to transport baitfish through the state or to export baitfish? May Wisconsin legally impose a reciprocal importation ban on Minnesota baitfish, while continuing to allow baitfish importation from other states? Response prepared by Josh Clemons, Research Counsel, in May 2004. (PDF)
	Antifouling Paint
	White paper discussing restrictions on the use of marine antifouling paints containing tributyltin and copper Response prepared by Stephanie Showalter, Director, and Jason Savarese, Research Counsel in October 2004 (Updated August 2005). (PDF)
	Ballast Water
	White paper discussing challenges to Michigan's new Ballast Water Laws. Response prepared by Stephanie Showalter, Director, in October 2006. (PDF) Minnesota Sea Grant extension agent commissioned a white paper to facilitate a dialogue regarding the potential impact on states of a new EPA regulatory program for vessel discharges. Response prepared by Stephanie Showalter, Director, in October 2007. (PDF)
	Beach Issues
	State Policy for removal of structures from active beach Response prepared by Stephanie Showalter, Director, in July, 2007 (PDF) Rebuilding of Congratulate Coastal Structures in Georgia Response prepared by Terra Bowling, Research Counsel, in July, 2008 (PDF)
	Coast Guard Great Lakes Safety Zones
	What military exemptions from environmental laws are applicable to the Coast Guard's establishment of safety zones in the Great Lakes? Response prepared by Stephanie Showalter, Director, in October 2006. (PDF)
	Coastal Development
	Restoration and Remedial Options for Lexington Harbor in Michigan Response prepared by Stephanie Showalter, Director, in February 2009. (PDF) Guana-Tolomato-Matanzas National Estuarine Research Reserve requested information on which states have statutory or regulatory definitions of “community docks.” Response prepared by Terra Bowling, Research Counsel, in February 2009. (PDF)
	Coastal Environments and Resources
	Legal Protections for Coastal Environments and Resources in Michigan Response prepared by Stephanie Showalter, Director, in August 2008. (PDF)
	Coral Reef Conservation
	Coral reef protection laws Response prepared by Terra Bowling, Research Counsel, in August 2009. (PDF)
	Fisheries Management
	Are there any legal barriers which would prevent commercial fishermen from taking tourists on their boats? Response prepared by Stephanie Showalter, Director, in May 2004. (PDF) Re: State Agency Immunity from Federal Antitrust Laws Response prepared by Stephanie Showalter, Director, in December 2008. (PDF)
	Integrated Ocean Observing Systems
	Can federal agencies participate in groups that lobby Congress? Can federal agencies be members of a 501(c)(3) organization? Respons e prepared by Josh Clemons, Research Counsel, in July 2004. (PDF) What is the potential liability of Sea Grant from publication of Ocean Observing System (OOS) date on the web? Response prepared by Josh Clemons, Research Counsel, in May, 2004. (PDF) A question regarding tort liability in the implementation of the U.S. ocean observing system was posed by Mr. J. Michael Hemsley, PE, Deputy Director for Coastal Operations Response prepared by Stephanie Showalter, Director, in June, 2005. (PDF) A question regarding federal representation on the boards of the Regional Associations (RAs) was posed by Mr. J. Michael Hemsley, PE, Deputy Director for Coastal Operations Response prepared by Stephanie Showalter, Director, in August, 2005. (PDF) Basic information about Incorporation and Conflict of Interest Policies prepared for the Northeast Regional Association. Response prepared by Stephanie Showalter, Director, and Terra Bowling, Research Counsel (January 2008). A question posed concerning the impact of the ICOOS Act of 2009 on RAs and their tort liability. Response prepared by Brian Fredieu, Presidential Management Fellow on Developmental Assignment with National Sea Grant Law Center, in May, 2008. (PDF)
	Interstate Conflicts
	Michigan Sea Grant extension agent sought our analysis of a Wisconsin law that requires out-of-state fish wholesalers to purchase a state license. Response prepared by Terra Bowling, Research Counsel, in April, 2007. (PDF)
	Invasive Species
	An Illinois/Indiana Sea Grant extension agent contact us regarding the validity of a U.S.C. citation prohibiting the transportation and sale of water hyacinths. Response prepared by Stephanie Showalter, 2007 (please contact Stephanie Showalter at sshowalt@olemiss.edu for further information). An Illinois/Indiana Sea Grant extension agent commissioned a white paper to facilitate a Advisory request on illegal stocking of fish. Response prepared by Stephanie Showalter, Director, in April, 2008. (PDF) White paper discussing the existing U.S. legal regime to prevent the hull transport of Aquatic Invasive Species. Response prepared by Stephanie Showalter, Director, and Jason Savarese, Research Counsel, in September 2004 (Updated August 2005). (PDF) Question on the Great Lake States' Prohibition on Release of GMOs. Response prepared by Brian Fredieu, Presidential Management Fellow on Developmental Assignment with NSGLC, in July, 2009. (PDF)
	Land Use Planning
	The Terrapin Run Decision: Are comprehensive plans binding? Response prepared by Stephanie Showalter, Director, and Terra Bowling, Research Counsel, in May 2008
	Marine Debris
	Marine Debris Research, Prevention, and Reduction Act Signed into Law Response prepared by Stephanie Showalter, Director, in January 2007 An individual with the Hawaii Department of Business, Economic Development and Tourism sought information about the contract and liability issues surrounding the development of a reward program for recovery of derelict fishing gear. Response prepared by Stephanie Showalter, Director, and Josh Clemons, Research Counsel,in June 2007 A compliation of statutory and regulatory derelict fishing gear provisions for selected fisheries requested by the NOAA Marine Debris Program. Response prepared by Stephanie Showalter, Director, in May 2009
	Miscellaneous
	The Sea Grant Association requested background research on the Coburn Amendment, an addition to a spending bill which would prohibit the use of NOAA funds for certain meetings. Response prepared by Terra Bowling, Research Counsel, in 2007 The Seamen's Church Institute requested assistance with background research on the rights of crew members detained during federal environmental investigations. Response prepared by Stephanie Showalter, Director, in 2007 Seafood Liability Issues for Charter Boat Captains Response prepared by Terra Bowling, Research Counsel, in July, 2008
	Non-profit Organizations
	The Wild American Shrimp, Inc. requested information on lobbying restrictions and 501(c)(3) organizations and recipients of federal funds. Response prepared by Stephanie Showalter, Director, in June 2007 This memo provides information on the basis legal requirements of 501(c)(5) agricultural organizations. Response prepared by Stephanie Showalter, Director, in September 2007 Question about Sea Grant Directors writing letters to Congress urging support of Sea Grant reauthorization bills. Response prepared by Stephanie Showalter, Director, in November 2008
	Ocean and Coastal Statutes
	Which key statues are due for reauthorization? Response prepared by Stephanie Showalter, Director, in July, 2006. (PDF)
	Personal Liability
	What is the potential liability of shellfish farmers in Massachusetts for personal injury and animal entanglement? Response prepared by Stephanie Showalter, Director, in March 2004. (PDF) A Hawaii Coastal Clean-up Coordinator requested information regarding the liability of volunteers and coordinating organizations during beach clean-up activities. Response prepared by Terra Bowling, Research Counsel, 2007
	Personal Watercraft
	What arguments were put forth by the parties in the litigation over the National Park Service’s regulation of personal watercraft (e.g., Jet Skis, Sea-Doos) in areas the Service administers, including Gulf Islands National Seashore? Response prepared by Josh Clemons, Research Counsel, in May 2004. (PDF) Did the Hawaii Sea Grant draft the appropriate disclaimer language for Hawaii Safety Program K-6 Workbook and Teacher's Manual? Response prepared by Terra Bowling, Research Counsel, in December 2006. (PDF)
	Public Access
	Questions from New Jersey Sea Grant on New Jersey's new public access regulations and their impact on marinas. Response prepared by Terra Bowling, Research Counsel, in April, 2008. (PDF)
	Public Trust
	White paper on Ohio House Bill 218 Response prepared by Stephanie Showalter, Director, in 2004. (PDF)
	Rip Current Warnings
	Will placing rip current warning signs at public beaches increase a city's liability risk? Response prepared by Stephanie Showalter, Director, in June 2004. (PDF) Delaware Sea Grant sought information about the liability issues surrounding the posting of rip current warning signs on Delaware public beaches. Response prepared by Stephanie Showalter, Director, and Terra Bowling, Research Counsel, in January 2007. (PDF)
	Submerged Lands
	A constituent of VIMS was concerned about a possible inequity in fees for state-owned submerged land in Virginia when compared to other states. Response prepared by Terra Bowling, Research Counsel, in May 2009. (PDF)
	Water Quality Trading
	Pennsylvania’s Nutrient Trading Program: Legal Issues and Challenges Response prepared by Stephanie Showalter, Director, and Sarah Spigener, SGLC Legal Intern, in December 2007. (PDF)
	Working Waterfronts
	What are the ramifications of the Working Waterfront Preservation Act of 2005, particularly in relationship to North Carolina efforts to preserve Working Waterfronts? Response prepared by Stephanie Showalter, Director, and Jason Savarese, Research Counsel, in November 2005. (PDF)