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Full-Text Articles in Law

A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola Jan 1996

A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola

Theses and Major Papers

During the mid-1980's, the crisis in marine insurance and growing concern over fishing vessel safety combined to stimulate passage of the Commercial Fishing Industry Vessel Safety Act of 1988. This law was enacted with the goal of improving the overall safety of commercial fishing industry vessels. However, the Act as passed by Congress contained no provisions for marine insurance reform. As a result, the commercial Fishing Industry Vessel Safety Act offered little incentive for the industry to improve upon its dubious safety record. With the exception of self-insurance clubs, the vast burden of implementing the Act has fallen upon the …


Federal Legislation Needed To Improve Towing Vessel Safety, Paul J. Keenan Jr. Jan 1996

Federal Legislation Needed To Improve Towing Vessel Safety, Paul J. Keenan Jr.

Theses and Major Papers

To the casual observer, towing vessels and barges, with their low profile and unassuming presence, may seem to be an uninspiring and small part of the shipping scene. However, tank and dry cargo barges actually carry sixty-nine percent of our nation's domestic waterborne commerce. Regulations for large ships, especially oil tankers, have touched every aspect of the shipping industry, including naval architecture, engineering, damage control, manning, training, licensing, etc. Towing vessels and barges however, have largely managed to escape the proliferation of regulation. Current legislation does not provide for the inspection of sea-going towing vessels under three hundred gross tons …


Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis Jan 1996

Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis

Theses and Major Papers

The success or failure of fishery management plans (FMP's) is dependent upon many factors. One of those factors is the level of compliance to the regulations implementing the conservation and management decisions of the FMP's that is achieved. Although compliance with regulations does not guarantee the success of management efforts, failure to ensure adequate compliance with management objectives results in failed conservation and management efforts. Enforcement is a crucial element towards achieving conservation and management goals. The objective of this paper is to analyze the maritime fisheries enforcement system in the geographic bounds of the national marine Fisheries Service's (NMFS) …


The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden Jan 1996

The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden

Theses and Major Papers

The Oil Pollution Act of 1990 was enacted by Congress in order to streamline the legislative and regulatory framework governing oil spill prevention, liability, and response. However, in the six years since this law was enacted, a proliferation of oil pollution prevention laws have been enacted at the state level. Many of these state laws directly target the oil transportation industry, and such legislation has ignited controversy among marine safety experts as to the appropriate role of state government in preventing oil spills through industry regulation. This thesis examines one such law, recently enacted by the State of Rhode Island …