Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Theses/Dissertations

University of Rhode Island

Legislation

Keyword
Publication Year

Articles 1 - 30 of 37

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 …

Go to article

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 …

Go to article

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) …

Go to article

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 …

Go to article

Atlantic Bluefin Tuna Management, Jeffrey C. Fisher Jan 1995

Atlantic Bluefin Tuna Management, Jeffrey C. Fisher

Theses and Major Papers

The International Commission for the Conservation of Atlantic Tunas (ICCAT) and federal management under the U.S. National marine Fisheries Service (NMFS) has certainly been contentious. Atlantic bluefin tuna have been managed at the international level by ICCAT for the past 25 years. NMFS is the organization responsible for implementing ICCAT recommended conservation and management measures in the United States. In an attempt to halt an apparent decline in the abundance of bluefin tuna in the western Atlantic, ICCAT has recommended strict management measures including catch quotas, minimum sizes, "no-sale" provisions, and spawning area protection since 1981. ICCAT had recommended in …

Go to article

The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks Jan 1995

The Ocean Research Vessel Act Of 1965: An Inequitable Result Suggests Reevaluation, Philip Alan Sacks

Theses and Major Papers

In 1965 Congress passed the ocean Research Vessel Act (ORVA) with the purpose of encouraging the nation's efforts in oceanographic studies. Section 4 of the ORVA states that "scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statues...". As a result of a literal interpretation of this wording, the Courts have ruled that scientific personnel are excluded from the beneficial remedies afforded all other seamen under the Jones Act. Some courts have also denied an injured scientist "seaman status" under the general maritime law. This paper argues that …

Go to article

Assessing The Impact Of Amendment 2 To The Summer Flounder Fishery Management Plan: Implications Of State-By-State Quotas For Vessel Operators, Karen Ellis Greene Jan 1995

Assessing The Impact Of Amendment 2 To The Summer Flounder Fishery Management Plan: Implications Of State-By-State Quotas For Vessel Operators, Karen Ellis Greene

Theses and Major Papers

The state-by-state quota regulation contained in Amendment 2 to the Summer Flounder Fishery Management Plan became effective on January 1, 1993. The research sought to determine the implications that the state-by-state quotas have imposed on federal summer flounder permit holders. commercial fishermen were believed to have landed their summer flounder out-of-state to take advantage of more favorable possession limits in other states, and to have accrued higher costs as a result of their decisions to land out-of-state. A survey was administered to commercial fishermen in Massachusetts, Rhode Island, and North Carolina, to ascertain behavioral changes, as a result of state-by-state …

Go to article

North American Sea Urchin Fishery Management Strategies: Their Applicability To The Maine Green Sea Urchin Fishery, Kate Sullivan Jan 1995

North American Sea Urchin Fishery Management Strategies: Their Applicability To The Maine Green Sea Urchin Fishery, Kate Sullivan

Theses and Major Papers

The Maine green sea urchin fishery has experienced dramatic growth since its inception in 1987. Landings have increased from 1.4 million pounds in 1987 to 41.6 million pounds in 1993 (NMFS, Fisheries Statistics). The reproductive gonads, referred to as roe or 'uni' are shipped fresh from Maine to japan, where the uni is a delicacy item fetching high unit prices on the Japanese fish market. The green sea urchin from Maine, Strongylocentrotus droebachiensis, is the third highest priced sea urchin product imported in Japan (Anon., 1989). Country-wide, sea urchin fisheries are one of the fastest growing fishing industries (Phu, …

Go to article

Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier Jan 1994

Towing Vessel Safety: Analysis Of Congressional And Coast Guard Investigative Response To Operator Involvement In Casualties Where A Presumption Of Negligence Exist, Paul J. Cormier

Theses and Major Papers

Legislation proposed by members of the 103rd Congress to address towing vessel safety resulted from three focusing events. The proposed legislation was not passed. There is a continuing need to address the human element in marine casualties. Prevention through enforcement is a viable solution to some human causal factors. Numerous personnel investigations which should have been initiated following towing vessel groundings during 1992 and 1993, were not pursued; despite a presumption of negligence that exists in grounding cases. Due to the presumption, all groundings, and particularly those attributed to human factors during a casualty investigation provide sufficient reason to initiate …

Go to article

The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase Jan 1994

The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase

Theses and Major Papers

There is an increasingly powerful and vocal group coalescing in society today, sometimes described as anti-environmentalists or Property Firsters, who feel that the government has exceeded its authority in interfering with individual rights for the purpose of protecting natural resources. Regardless of any personal convictions regarding this often emotionally-charged issue, people involved in coastal management and planning should be aware of the changes in legal doctrines which have come about as a result of "property first" challenges to regulatory or zoning statutes. These challenges have been pursued successfully in the courts by characterizing state and local land use ordinances as …

Go to article

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr. Jan 1993

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.

Theses and Major Papers

The controversy between Japan and Russia over the ownership of the Kuril Islands is a significant barrier to improved diplomatic relations in the Far Eastern region. Because of this dispute, Japan and Russia have not yet signed a peace treaty to formally end the second world war and neither side seems willing to make any significant concessions to reach a compromise. The issue of ownership of these islands has been a continuing focal point of Russo-Japanese relations since the two nations first made contact in the late eighteenth century. The various aspects of this dispute are complex and have continued …

Go to article

Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi Jan 1993

Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi

Theses and Major Papers

This paper will examine the evolving role of the port State with regard to the enforcement of international safety of life at sea and pollution control standards and its effect on improving maritime safety and reducing vessel-source pollution. Chapter 2 will analyze the flag State enforcement regime, with particular emphasis on flags of convenience or open registries countries demonstrating the inadequacy of flag State enforcement and the need for port State control. Chapter 3 will examine the concept and legal requirements of the port State control regime. Chapter 4 will focus on the role of the port State with respect …

Go to article

Merchant Vessel Crew Levels: An American Perspective, Douglas A. Nemeth Jan 1992

Merchant Vessel Crew Levels: An American Perspective, Douglas A. Nemeth

Theses and Major Papers

This paper, with an emphasis on policies of "effective manning," provides a critical appraisal on the issue of crew levels aboard large merchant vessels (those greater than 1,000 gross tons). Non-traditional approaches to crew organization and management are discussed. Special regard is made to addressing the various domestic and international laws, regulations, and conventions that pertain to ships' manning. The relationship between the seafarer and ships' safety is emphasized as it pertains to reduced crew size. It is argued that U.S. manning laws and regulations should be amended to permit not only smaller crews, but organizational changes aboard ship that …

Go to article

Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal Jan 1992

Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal

Theses and Major Papers

The armed conflict between Argentina and Britain over the Falkland Islands (Islas Malvinas) early in 1982, resulted in a confusing partition of the maritime area around these islands. The military strategies and policies developed by both countries during and after the war created an unclear situation regarding limits and jurisdictions, thus delaying managerial actions and regulation enforcement over the fishing resources of the area. Several foreign fishing fleets operating in the region at the time, took advantage of the lack of protective legislation and recognized authority, resulting in overfishing of species such as squid and hake. No significant control was …

Go to article

The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright Jan 1992

The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright

Theses and Major Papers

The Massachusetts Chapter 91 Waterways Program is a licensing program through which the Commonwealth carries out its responsibilities under the Public Trust Doctrine. It was unclear when this study was undertaken whether public participation in the program development process resulted in a different program than the draft program the state originally proposed in 1986. This qualitative case study was developed based on hundreds of pages of letters, comments and testimony from the public, press clippings and interviews. The primary finding is that public participation, particularly from so-called special interest groups, resulted in a final program which was significantly different from …

Go to article

Dredging In The United States, Claude R. Newton Mar 1990

Dredging In The United States, Claude R. Newton

Theses and Major Papers

The original intent of this paper was to examine the role of the United States Army Corps of Engineers and their monopolistic hold on the dredging industry in the United States. How did the Corps of Engineers become the experts in this maritime environment? Why did not the Navy acquire this marine related related activity? to the naive observer, it may seem more logical to have this aspect of marine activity in the hands of the United States Navy, or even the United States Coast Guard. To have this seemingly marine activity under the control of the U.S. Army seems …

Go to article

An Evaluation Of Noaa's Role In Ocean Dumping Policy Implementation, Kenneth W. Barton Jan 1990

An Evaluation Of Noaa's Role In Ocean Dumping Policy Implementation, Kenneth W. Barton

Theses and Major Papers

Dumping of wastes into the ocean has gone on for years especially in the New York Bight. The National Oceanic and Atmospheric Administration (NOAA) is mandated by Title II of the Ocean Dumping Act of 1972 to investigate the effects of ocean dumping on the marine environment. However, there is a perception within Congress, the public and other agencies that NOAA is not meeting it's responsibilities with regard to ocean dumping research. The effectiveness of NOAA's ocean dumping policies and programs and the difficulties in implementation experienced by the agency are evaluated by applying George Edwards' theory of policy implementation. …

Go to article

Enforcement In The Exclusive Economic Zone: Harmonizing National Legislation With Special Reference To Asean States, Rayner Stuel Galid Jan 1989

Enforcement In The Exclusive Economic Zone: Harmonizing National Legislation With Special Reference To Asean States, Rayner Stuel Galid

Theses and Major Papers

The 1982 Third United Nations Convention on the Law of the Sea provides only broad guidelines for many matters. One such area is in the provision of enforcement rights to the coastal State in the exclusive economic zone (EEZ). Thus, the specifics have to be worked out by the concerned nations in their domestic legislation. This expansive latitude may occasion the lack of uniformity in coastal States' EEZ laws and regulations. These different legislation may foster incompatible enforcement policies on the part of the coastal States which in turn may cause international friction. Harmonization of laws is the deliberate alignment …

Go to article

The South Pacific Nuclear Free Zone Treaty, Susan Ware Jan 1989

The South Pacific Nuclear Free Zone Treaty, Susan Ware

Theses and Major Papers

The South Pacific Nuclear Free Zone Treaty was opened for signature on August 5, 1985, on the 40th Anniversary of the Bombing of Hiroshima. The Treaty prohibits Party states from controlling or assisting in the manufacture of nuclear explosive devices and from allowing devices not in their control stationing within their territory or land space. The Protocols to the Treaty enjoin the nuclear weapon sates and the states with territories within the Zone to adhere to the principles of the Treaty and to refrain from control or use of any nuclear explosive devices within the Zone. The principle concern of …

Go to article

Oil Spill Liability And Compensation: A Review Of The Existing Mechanisms And A Look At The Future, Gary A. Reiter May 1987

Oil Spill Liability And Compensation: A Review Of The Existing Mechanisms And A Look At The Future, Gary A. Reiter

Theses and Major Papers

This study provides an examination of the existing United States Federal laws and international regimes regarding oil spill liability and compensation, and the manner in which they have been implemented by regulation and policy. The presentation concludes with discussion of and arguments concerning various proposed Federal comprehensive liability and compensation legislation. Emphasis is placed on the unsuccessful legislative proposals of the 99th Congress and the effects that similar legislation, if passed by the 100th congress, may have on current response policies and Federal and state governments. In particular, the effects of the proposed legislation on state's sovereignty and response operations …

Go to article

Study Of The Ocean Transportation Of Chemicals, Joseph A. Meyertholen Jan 1987

Study Of The Ocean Transportation Of Chemicals, Joseph A. Meyertholen

Theses and Major Papers

The growth of the chemical industry over the past 30 years has contributed significantly to the increased volume of hazardous cargo transported by ocean vessel. The properties of some chemicals in commerce, particularly intermediate products, are such that their movement represents a risk to society in terms of environmental damage, bodily injury, and carcinogenic effects that may not surface for years. This study traces the development of the ocean chemical transportation system with emphasis on the technology, management and regulatory regime that has evolved to control these risks. Selected incidents involving hazardous chemical cargoes are reviewed, highlighting the industry and …

Go to article

Licensing Of The U. S. Maritime Personnel: The International Impacts, Warren G. Schneeweis Jan 1987

Licensing Of The U. S. Maritime Personnel: The International Impacts, Warren G. Schneeweis

Theses and Major Papers

This paper examines the international and Federal efforts to enhance safety at sea and the protection of the marine environment through the development of standards to improve the training and strengthen the professional qualifications of seafarers. Special regard is made to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, signed by the United States in 1979, and to the proposed amendments to the Federal regulations for licensing U. S. maritime personnel which will bring the U. S. licensing scheme in general conformance with that Convention. This research should lessen resistance to U. S. ratification of …

Go to article

A Multidisciplinary Analysis Of The Imposition Of Countervailing Duties On Canadian Groundfish Imports, Richard A. Pearson Jan 1987

A Multidisciplinary Analysis Of The Imposition Of Countervailing Duties On Canadian Groundfish Imports, Richard A. Pearson

Theses and Major Papers

This thesis provides a multidisciplinary analysis of the circumstances which surrounded the successful imposition of a countervailing duty on whole Canadian groundfish, and indicates what implications this action may have for the future. First, it will situate the countervailing duty investigation in terms of its relationship with U.S. statutes, and also with the Nation's international obligations. Then, the impact of the duty is examined to see how it might affect a potential free trade agreement with Canada. Similarly, the thesis projects what effect the duty will have in establishing a precedent, and assesses the likelihood of imposing similar duties on …

Go to article

The Canadian And Soviet Claims To The Arctic Sea Routes: A Comparative Study, Raymond C. Bourgeois Jan 1986

The Canadian And Soviet Claims To The Arctic Sea Routes: A Comparative Study, Raymond C. Bourgeois

Theses and Major Papers

The Arctic Polar Region is becoming increasingly important in terms of strategic operations. especially on the part of the superpowers. Surrounding the Arctic Ocean are two passages through which international navigation is possible. The Northwest Passage lies within Canada's coastline. and the Northeast Passage. within the Soviet Union's northern shores. Both countries have advanced claims to the effect that the waters of these passages are under their respective exclusive jurisdiction; thus. they are claiming these as their internal waters. The US disagrees and maintains that the waters of those northern Arctic sea routes are international waters. This paper discusses the …

Go to article

American Coastwise Trade Law, Mark Dean Aspinwall Jan 1986

American Coastwise Trade Law, Mark Dean Aspinwall

Theses and Major Papers

Federal involvement in the shipping industry dates back to 1789. Since then, governmental efforts to promote the American merchant marine have taken a variety of forms, including the prohibition of foreign shipping from the coastwise trade. To this end, laws have been enacted which deal with specific activities considered to be coastwise trade in nature and which ban the use of foreign-flag and, in some cases, foreign-built ships from those activities. However, the laws are narrowly worded and archaic, and have been unable to adequately address modern trends in coastal commerce. Maritime service industries have emerged in recent years which …

Go to article

Interstate Fisheries Management Problems: The Case Of Striped Bass, Richard Randall Schneider Jan 1985

Interstate Fisheries Management Problems: The Case Of Striped Bass, Richard Randall Schneider

Theses and Major Papers

The striped bass (Morone saxatilis), or rockfish, fishery has been important both commercially and recreationally for decades along the Atlantic seaboard. In recent years, though, the fishery has undergone a serious decline and, as a result, has elicited considerable public concern. Although specific reasons for the decline have not been pinpointed, it is clear that inconsistent management practices within the range of striped bass have done little to help the fishery's condition. An anadromous species, striped bass spawn in the fresh water reaches of estuaries, after which many of the individuals return to the coastal ocean. In the Atlantic, the …

Go to article

Carriage Of The Package By Sea: An Analysis Of Laws Governing Shipowner Liability For Cargo Damange, Amy M. Stone Jan 1985

Carriage Of The Package By Sea: An Analysis Of Laws Governing Shipowner Liability For Cargo Damange, Amy M. Stone

Theses and Major Papers

This thesis traces the development of laws governing limitation of shipowner liability to cargo owners from the Harter Act to the Hague Rules and the Carriage of Goods by Sea Act (COGSA). The inadequacy of the $500 per package limitation of liability as protection to shippers is illustrated through the use of case studies by comparing the application of this provision to break-bulk shipments when COGSA was first passed to its application today in the age of containerization. The efforts of the major maritime nations to revise the Hague Rules/COGSA system in the Visby Amendments are examined and compared to …

Go to article

Ending Subsidized Degradation: The Ocean Dumping Example, Brenda Asher Dillman Dec 1984

Ending Subsidized Degradation: The Ocean Dumping Example, Brenda Asher Dillman

Theses and Major Papers

There is no way to measure, on a global scale, the pollution dumped directly into the oceans, let alone all the tens of thousands of particulates, toxics, and gaseous substances are added each day to the atmosphere surrounding the New York Bight. The aim of this paper is to develop a user fee framework for the ocean dumping of municipal sludge. Such a proposal requires a radical departure from the standards and enforcement approach of today's legislation. The ocean dumping of municipal sludge, while accounting for only a small percentage of the total waste dumped into the Bight, has proven …

Go to article

The Legal Regime Governing The Recovery Of Underwater Cultural Resources In The United States, Richard J. Dodds Jan 1982

The Legal Regime Governing The Recovery Of Underwater Cultural Resources In The United States, Richard J. Dodds

Theses and Major Papers

Historic wrecks exist in many of the navigable waters of the United States, particularly along the Atlantic and Gulf coasts. Attention will mainly focus, however, on the waters off Florida. These often dangerous waters, as part of a long-established trade route, contain more than their share of historic wrecks. As a number of these are Spanish galleons, wrecked on their way to Europe with value cargoes of gold, silver and precious stones, claim to such sites has been the subject of bitter disputes. The results of the legal battles arising from these disputes will have profound implications for the future …

Go to article

International And U.S. Inland Navigation Rules And Lng Transport, Robert P. Garrett Apr 1981

International And U.S. Inland Navigation Rules And Lng Transport, Robert P. Garrett

Theses and Major Papers

Involved in the extensive research that was required by this study included; a research of publications dealing with the engineering and construction of LNG vessels, review of tests conducted by the U.S. Coast guard and the U.S. Bureau of Mines dealing with the possible spill of LNG, establishment of the dangers of LNG, establishment of the U.S. Coast Guard Inland and International Rules of Navigation and how they relate to the safe navigation of LNG vessels, and recommendations for amendments and/or changes to the navigation rules to better ensure the safe navigation of LNG vessels.

Go to article

Next Last