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 |
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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 |
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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 |
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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 |
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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 : 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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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 |
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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 |
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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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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 |
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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 |
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Coral reef protection laws
Response prepared by Terra Bowling, Research Counsel, in August 2009. (PDF)
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Endangered Species |
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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 |
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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)
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 |
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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 |
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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)
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 |
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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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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 |
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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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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 |
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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
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 |
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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
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 |
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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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Seafood Marketing and Labeling |
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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 |
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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 |
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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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Watershed |
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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 |
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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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