The National Sea Grant Law Center

Projects

  • Building Consensus in the West: Developing a Model Legal Framework for Watercraft Inspection and Decontamination Programs

  • “Building Consensus in the West,” is an initiative of the Western Regional Panel on Aquatic Nuisance Species. The goal of the WRP initiative is to develop a multi-state vision for watercraft inspection and decontamination (WID) programs. The National Sea Grant Law Center is an active participant in this initiative, providing legal research support and leading efforts to develop model legislation and regulations for WID Programs.

  • Model Legal Framework

    In April 2014, the National Sea Grant Law Center and the Association of Fish and Wildlife Agencies released “Preventing the Spread of Aquatic Invasive Species by Recreational Boats: Model Legislative Provisions & Guidance to Promote Reciprocity among State Watercraft Inspection and Decontamination Programs.” These Model State Legislative Provisions were developed for two purposes. First, the provisions offer guidance to states with existing WID programs to create a foundation for multi-state reciprocity. Second, for states without WID programs, the provisions outline a legal framework for the authorization of new WID programs.

  • Efforts are compare existing state laws to the model to identify commonalities, differences, and gaps; this will be provided as a companion pieces at a later date. Model regulatory language will also be developed in the coming months to supplement the model legislative provisions.

  • Download Report

Legal Research

The National Sea Grant Law Center’s work is an outgrowth of a workshop convened in August 2012 by the U.S. Fish and Wildlife Service, the National Association of Attorneys General, Oregon Sea Grant, the National Sea Grant Law Center, and the Western Regional Panel on Aquatic Nuisance Species and hosted by the Arizona Game and Fish Department. The purpose of the workshop was to engage assistant attorneys general, natural-resource agency attorneys, law enforcement supervisors, policy makers, and Aquatic Invasive Species (AIS) Coordinators from the nineteen Western states, interstate organizations, and federal partners to establish clear legal and regulatory approaches and opportunities for AIS abatement and reform. To learn more about this workshop, please visit http://seagrant.oregonstate.edu/invasive-species/2012-boat-mussels-law-workshop.

To enhance collaborative learning during the Phoenix workshop, the workshop planning committee identified several key legal issues that needed to be addressed in the region. Background papers were drafted for workshop attendees, which were further developed into five articles published in the Arizona Journal of Environmental Law and Policy and available at www.ajelp.com/seasons/spring-2013. The proceedings consist of the following articles:

    • Legislative and Regulatory Efforts to Minimize Expansion of Invasive Mussels through Watercraft Movements
    • Preventing the Spread of Zebra and Quagga Mussels: The Role of the Lacey Act
    • Are State Watercraft Inspections Constitutionally Permissible Searches?
    • Assessing the Viability of Zebra and Quagga Mussels: Legal & Enforcement Challenges
    • Privacy Issues Surrounding the Tracking and Sharing of Boat Movement Information as Part of Invasive Species Prevention Programs

Questions About Projects?

Have questions or comments about projects at the National Sea Grant Law Center?
Feel free to contact us!

Call, fax, or email:
662-915-7775
662-915-5267 (fax)
seagrant@olemiss.edu