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Please update your links! Our new website url is http://nsglc.olemiss.edu . This old website will soon cease to exist!
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)
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Recent
Advisory Requests and Legal Research Results (Organized
by Topic)
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Admiralty Law |
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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).
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Aquaculture |
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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)
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Aquatic
Species |
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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 |
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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 |
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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 |
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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)
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Coast Guard Great Lakes Safety Zones |
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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 Development |
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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)
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Coastal Environments and Resources |
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Legal Protections for Coastal Environments and Resources in Michigan
Response prepared by Stephanie Showalter, Director, in August 2008. (PDF)
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Coral Reef Conservation |
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Coral reef protection laws
Response prepared by Terra Bowling, Research Counsel, in August 2009. (PDF)
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Fisheries
Management |
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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)
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Integrated
Ocean Observing Systems |
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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)
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)
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Interstate Conflicts |
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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 |
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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)
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Land Use Planning |
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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 |
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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
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Miscellaneous |
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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 |
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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
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Ocean
and Coastal Statutes |
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Which
key statues are due for reauthorization?
Response
prepared by Stephanie Showalter, Director, in July, 2006. (PDF)
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Personal Liability |
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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 |
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What
arguments were put forth by the parties in the litigation over
the National Park Services 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 |
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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 |
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White paper on Ohio House Bill 218
Response prepared
by Stephanie Showalter, Director, in 2004. (PDF)
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Rip
Current Warnings |
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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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Submerged Lands |
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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)
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Water Quality Trading |
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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 |
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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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