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Full-Text Articles in Law

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 …


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 …


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 …


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, …