The National Sea Grant Law Center
 
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.

Advisory Service Guidelines  (PDF)


Recent Advisory Requests and Legal Research Results (Organized by Topic)

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 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).


Questions 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)


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  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)


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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)


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 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)


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Beach Issues
 

State Policy for removal of structures from active beach

Response prepared by Stephanie Showalter, Director, in July, 2007 (PDF)


Rebuilding of Non-Granfathered Coastal Structures in Georgia

Response prepared by Terra Bowling, Research Counsel, in July, 2008 (PDF)


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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)

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Coastal Environments and Resources

Legal Protections for Coastal Environments and Resources in Michigan

Response prepared by Stephanie Showalter, Director, in August 2008. (PDF)

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 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)


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 Integrated Ocean Observing Systems

Can federal agencies participate in groups that lobby Congress? Can federal agencies be members of a 501(c)(3) organization?

Response 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)

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).

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 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)


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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)


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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


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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


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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

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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


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Ocean and Coastal Statutes

Which key statues are due for reauthorization?

Response prepared by Stephanie Showalter, Director, in July, 2006. (PDF)


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 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


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 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)

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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)


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Public Trust
 

White paper on Ohio House Bill 218

Response  prepared by Stephanie Showalter, Director, in 2004. (PDF)


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 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)


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 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)


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 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)

 

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