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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Abandoned Vessels
A request from the NOAA Marine Debris program Coordinator for summaries of state laws and regulations addressing abandoned vessels:

Response prepared by Stephanie Showalter, Director, in September 2009. (PDF).

 

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 Admiralty Law
Question about the application of salvage law to equipment and fishing gear abandoned on Lake Eire by fishermen stranded on ice which has broken free.

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


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 Aquaculture
Questions about injury compensation for aquaculture employees.

Response prepared by Terra Bowling, Research Counsel, in October 2012. (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)


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 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).


Questions from NOAA Aquaculture regarding aquaculture enclosures designed to motor and drift.

Response  prepared by Terra Bowling, Research Counsel, in January 2010 (PDF)


Questions from NOAA Aquaculture regarding the legal implications of defining offshore aquaculture as agriculture.

Response  prepared by Terra Bowling, Research Counsel, in January 2010 (PDF)


Analysis of Aquaculture fees covering administration of Aquaculture Program for California Sea Grant Extension office.

Response  prepared by Terra Bowling, Research Counsel, in April 2011 (PDF)


Regulation of the culture of fishes in Mississippi, Alabama, and Louisiana.

Response  prepared by Terra Bowling, Research Counsel, in November 2011 (PDF)


Questions from NOAA Aquaculture regarding permitting of mussel culture operations in offshore federal waters.

Response  prepared by Stephanie Showalter, Director, and Terra Bowling, Research Counsel, in April 2012 (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 : 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

Re: Technology-Based and Water Quality-Based Effluent Limitations

Response prepared by Stephanie Showalter, Director, in July 2012. (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)


White paper discussing challenges to Michigan's new Ballast Water Laws.

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


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Beach Issues
 


Re: Maine Tidal Inundation

Response prepared by Terra Bowling, Research Counsel, in May 2013 (PDF)


Re: Effect of Hurricane Sandy on coastal property lines in New Jersey

Response prepared by Catherine Janasie, Ocean and Coastal Law Fellow, in April 2013 (PDF)


Re: Effect of Hurricane Sandy on coastal property lines in New York

Response prepared by Terra Bowling, Research Counsel, in December 2012 (PDF)


State Policy for removal of structures from active beach

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


Rebuilding of Non-Grandfathered 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 Development

Comparison of Oregon and Texas Federal Consistency Rules.

Response prepared by Stephanie Showalter, Director, in October 2012. (PDF)


The Texas General Lands Office sought the assistance of The National Sea Grant Law Center (via an email to NOAA Ocean and Coastal Resource Management) to outline the state's process for Coastal Zone Management Act (CZMA) consistency review.

Response prepared by Nick Lund, Ocean and Coastal Fellow in July 2011. (PDF)


Summary of state laws and regulations mandating sanitary facilities at Marinas requested by Virginia Sea Grant Marine Extension Program on behalf of the National Clean Marina Committee.

Response prepared by Stephanie Showalter, Director, in July 2010. (PDF)


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

To raise awareness of heirs' property and assist residents in an heirs' property situation, the MPPDC partnered with the National Sea Grant Law Center to conduct legal research on heirs' property ownership, the methods of clearing title to heirs' property, and possible options for MPPDC to pursue to remedy failing septic systems on heirs' property.

Response prepared by Stephanie Showalter, Director, in September 2012 (Updated October 2012). (PDF).


Local Government and Water Quality Regulation Analysis done for the Middle peninsula Planning District Commission.

Response prepared by Terra Bowling, Research Counsel, in June, 2011. (PDF)


Converting the Erie Pier Confined Disposal Facility to a Processing and Reuse Facility: Is an Interstate Compact a Necessary Component?

Response prepared by Stephanie Showalter, Director, in July 2010. (PDF)


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

Coral reef protection laws

Response prepared by Terra Bowling, Research Counsel, in August 2009. (PDF)


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 Endangered Species

Request from the Oregon Department of Fisheries and Wildlife regarding the process of listing the native blue mud shrimp, Upogebia pugettensis, on the lists of endangered or threatened species as required under the Endangered Species Act.

Response prepared by Nicholas Lund, Ocean and Coastal Law Fellow, in October, 2010. (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)


Re: State Agency Immunity from Federal Antitrust Laws

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


Re: Rules Related to Fish Venting

Response  prepared by Stephanie Showalter, Director, in April 2012. (PDF)


Re: Scientific and Statistical Committee Review Under the Magnuson-Stevens Act

Response  prepared by Terra Bowling, Research Counsel, in June 2012. (PDF)


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 Floating Homes

This is an analysis of law and policy of floating homes prepared at the request of the VA Director of Regional Planning.

Response  prepared by Terra Bowling, Research Counsel, in October 2009. (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
 

Michigan Sea Grant inquires whether invasive species are considered pollutants under the Clean Water Act.

Response  prepared by Stephanie Showalter, Director, in August, 2011. (PDF)


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
 

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
 

Compilation of statutory and regulatory derelict fishing gear provisions for the lobster fisheries in the states of Massachusetts and Connecticut requested by the NOAA Marine Debris Program..

Response  prepared by Stephanie Showalter, Director, in March 2011


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


Questions on how the AIWW (Atlantic Intracoastal Waterway) would work, posed by the Intracoastal Waterway Association and Virginia Sea Grant.

Response prepared by Nick Lund, Ocean and Coastal Law Fellow, in November, 2010


Questions on the many facets of the Marcellus Shale Drilling in Pennsylvania were submitted by the Pennsylvania Sea Grant, and resulted in a comprehensive Citizen's Guide to Marcellus Shale in Pennsylvania.

Response prepared by Terra Bowling, Research Counsel, in December, 2010

 

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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


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

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


Analysis of liability associated with a local government's installation  of rescue stations at public beaches, requested by the University of Minnesota Sea Grant program.

Response prepared by Terra Bowling, Research Counsel, October, 2009


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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)


Bullet
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)


Bullet
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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Seafood Marketing and Labeling
 

The following advisory opinion addresses a question from VIMS Marine Advisory Services on whether groups, such as Seafood Watch, expose themselves to liability by publishing or listing out-of-date strictures on 'seafoods to avoid."

Response  prepared by Terra Bowling, Research Counsel, in 2010. (PDF)


The following advisory opinion addresses a question from an Aquatic Invasives Specialist at Illinois-Indiana Sea Grant on acquiring a market name for the Bighead and Silver Carp.

Response  prepared by Terra Bowling, Research Counsel, November, 2010. (PDF)


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 Submerged Lands


Re: Camping Platform Permitting

Response prepared by Terra Bowling, Research Counsel, in June 2013. (PDF)


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

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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 Watershed

The CESU Network requested an advisory regarding cooperative agreement authority, specifically the authority of agencies in the CESU Network to enter into cooperative agreements with regard to environmental, natural and cultural heritage resources.

Response prepared by Terra Bowling, Research Counsel, in October 2010. (PDF)


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 Working Waterfronts


Re: The Commercial Use of Docks on Small Tidal Creeks in Beaufort County, SC

Response prepared by Catherine Janasie, Ocean and Coastal Law Fellow, in July 2013. (PDF)


Incentivizing the Use of Living Shorelines in Virginia through a Revolving Loan Fund

Response prepared by Stephanie Showalter, Director; and Terra Bowling, Research Counsel, in June 2013. (PDF)


Re: Working Waterfront Legislation

Response  prepared by Terra Bowling, Research Counsel, in October 2012. (PDF)


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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