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- ASEAN States; EEZ; Association of Southeast Asian Nations; legislation; coastal zone management (1)
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- Exclusive Economic Zone; EEZ; maritime law; marine resources management;National Aquatic Resource Management Council (1)
- Falkland Islands; Islas Malvinas; Patagonian shelf; fishery management; Falkland Islands Conflict; common hake; Merluccius hubbsi; Patagonian hake; M. polylepis; Falkland Islands Interim Conservation and Management Zone; FICZ; Falklands Outer Conservation Zone; FOCZ (1)
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- Maine; Japan; green sea urchin; Strongylocentrotus droebachiensis; Maine Department of Marine Resources; DMR; fishery management; marine resources (1)
Articles 1 - 30 of 96
Full-Text Articles in Physical Sciences and Mathematics
A Policy Analysis Of The Commercial Fishing Industry Vessel Safety Act Of 1988, Peter Decola
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.
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 …
Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly
Integration Of Natural Hazard Mitigation Into Municipal Harbor Management Plans In The United States, Frank J. Mcneilly
Theses and Major Papers
Harbor management planning is a relatively new concept in this country. What is believed to be the first municipal level harbor management plan (HMP) in the United States originated from a need to resolve a problem of encroachments on a Federal navigation channel in Connecticut. This method of harbor planning was soon recognized as an effective management tool and was used as a model for other coastal communities in the Northeast. While early HMPs primarily focused on mooring management, today's plans address many more harbor issues. The Coastal Zone Management Act was intended to form a national coastal zone management …
Maritime Fisheries Enforcement Analysis Of The Nmfs Northeast Region, John Thomas Davis
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) …
Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize
Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize
Theses and Major Papers
this thesis examines whether the current shoreline setback scheme provided for under the Massachusetts Wetlands Protection Act may be deemed unconstitutional under the Takings Clause of the Fifth Amendment to the U. S. Constitution in light of recent holdings of the U.S. Supreme Court. In so doing, the thesis addresses what latitude regulators in Massachusetts may have under the merging case law. Because this area of law -- regulatory takings -- is still evolving, it was necessary to look at the evolution of the law in the U.S. Supreme Court and the Massachusetts appellate level courts. Research reveals that …
The Expanding Role Of State Government In Oil Pollution Prevention Through Regulation Of The Coastal Tug And Barge Industry, Elise Erica Golden
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 …
Atlantic Bluefin Tuna Management, Jeffrey C. Fisher
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
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
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 …
Liability Issues In The Development Of Electronic Chart Display Information Systems, Daniel R. Martin
Liability Issues In The Development Of Electronic Chart Display Information Systems, Daniel R. Martin
Theses and Major Papers
The Electronic Chart Display Information System (ECDIS) is a new and evolving aid to navigation. Proponents claim ECDIS will help navigators to synthesize previously disparate information and result in safer navigation. The technology to implement ECDIS already exists; the major hurdle the maritime community faces is the legal uncertainties associated with ECDIS. This paper investigates the potential legal impact ECDIS would have on the government, shipowners, mariners, and manufacturers, and evaluates current international efforts to promote ECDIS. Through a detailed analysis of admiralty and aeronautical case history, it is evident that; 1) generation of electronic nautical charts can post a …
North American Sea Urchin Fishery Management Strategies: Their Applicability To The Maine Green Sea Urchin Fishery, Kate Sullivan
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, …
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 …
The Evolving "Takings" Doctrine: The Supreme Court Poses A Challenge For Coastal Zone Management, Catherine L. Chase
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 …
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
The Persian Gulf Oil Spill: A Case Study Of Emerging International Law On Environmental Damages During Hostilities, Esther J. Mcclure
Theses and Major Papers
During the 1991 Persian Gulf War, the retreating Iraqis caused the deliberate discharge of six million barrels of oil into the shallow waters of the Persian Gulf. The immediate impact on the ecosystem was dramatic, and, because of the intense media coverage of the conflict, highly visible to the American public. The spill popularized the term 'ecoterrorism' and raised serious questions about the applicability of international law to the situation. There are numerous conventions that seek to establish standards of due diligence for the prevention of accidental pollution and to impose civil liability on those who damage the environment, but …
State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis
State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis
Theses and Major Papers
In recent times, there has been a proliferation of laws enacted by individual states and townships which restrict the ability of mariners to anchor within navigable waters of the United States. These laws have been enacted in many of the coastal states, but are most prevalent in California, Florida and Hawaii. Uncertainty as to whether anchoring is an act of navigation, thereby being a constitutional right, has resulted in confusion among boaters, legal authorities and policy makers. In an attempt to clarify the uncertainty surrounding this issue, a lawsuit challenging the constitutionality of anchoring laws within the State of Hawaii …
The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.
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 …
Marine Safety And Pollution Prevention: The Role Of The Port State, Jonathan Douglas Sarubbi
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 …
Merchant Vessel Crew Levels: An American Perspective, Douglas A. Nemeth
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 …
Contemporary Piracy And Maritime Terrorism: Towards An Effective International Legal Response, David L. Scott
Contemporary Piracy And Maritime Terrorism: Towards An Effective International Legal Response, David L. Scott
Theses and Major Papers
Piracy at sea has been a threat which has plagued the mariner since the earliest trading vessels took to the sea more than two thousand years ago. to those outside of the maritime community, the notion of piracy likely conjures up visions of Captain Kidd and Blackbeard, the sort of lifestyle, popularized in the Errol Flynn movies of the 1930x, which has long since passed into history. In reality, violence and robbery at sea is alive and well in certain geographic locations around the globe. In the past decade, the problem of pirate attack upon merchant vessels has become especially …
The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff
The Americans With Disabilities Act Of 1990: Implications For The Manning, Operation And Construction Of U.S. Commercial Vessels, Steven M. Stancliff
Theses and Major Papers
The Americans with Disabilities Act of 1990 adds a new dimension to the body of anti discrimination law in the United States. Encompassing nearly all aspects of employment and public life, it has sent a shock wave of concern throughout the commercial vessels industry. Through examination of the Act's salient features and potential application to commercial vessel operation, manning, and construction, it is concluded that the Act's goals may be substantially achieved without additional risk or significant financial harm to shipowners. The requirements of the Americans with Disabilities Act of 1990 are not considered to be inconsistent with a shipowner's …
Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena
Harnessing Of Offshore And Deep Sea Fishery Resources In The Exclusive Economic Zone Of Sri Lanka, Ginigaddarage Piyasena
Theses and Major Papers
Sri Lanka declared her Exclusive Economic Zone in 1977, under Section 56 of the Maritime Zone Law No.22 of 1976. With this declaration she extended her jurisdiction over a 500,000 km of sea area as a coastal state. The acquisition of this vast sea area enables Sri Lanka to provide the most needed animal protein requirement of her population by harnessing the fishery resources available in the EEZ. This paper reviews the impact of the declaration of the Exclusive Economic Zone on the offshore and deep sea fish production in Sri Lanka from 1977 to 1990 especially in relation to …
Problems Of Fisheries Management On The Patagonian Shelf: A Decade After The 1982 Falklands (Malvinas) Conflict, Gustavo A. Bisbal
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 …
The Politics Of Tidelands: A Case Study Of The Massachusetts Chapter 91 Program, Jane Mcnally Wright
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 …
Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy
Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy
Theses and Major Papers
The 1982 Conference on the Law of the Sea (UNCLOS III) has given states jurisdiction over unprecedented scopes of ocean space. Marine scientific research is among the activities under coastal state control. This thesis examines five possible areas of impact of coastal state control on United States research programs. These are: 1. research which was denied outright, 2. reasons for denials, 3. research which was delayed, 4. the extent to which researchers avoid requests in the waters of restrictive states, and 5. the level of interest among UNOLS institutions in cooperative arrangements with foreign governments. The international legal framework for …
Factors Influencing The Role Of Women In Indonesian Fisheries Development, Melissa A. Upton
Factors Influencing The Role Of Women In Indonesian Fisheries Development, Melissa A. Upton
Theses and Major Papers
Gender consideration is an essential component of fishery development activities. The purpose of this thesis is to help guide planners and decision-makers who are concerned with understanding the role of women in fisheries development in general as well as in the Republic of Indonesia. Thus, it is partially based upon field research conducted in Indonesia among fishing communities which are representative of different types of fisheries. Justification for research concerning the role of women in the fisheries sector and the reasons why women should be included in development policy and planning are presented in Chapter I. The general research setting, …
U.S. Freedom Of Navigation Program, Robert P. Girrier
U.S. Freedom Of Navigation Program, Robert P. Girrier
Theses and Major Papers
For the last decade, the United States has been engaged in "Freedom of Navigation" exercises with ships and aircraft in sea areas of disputed jurisdiction. At times these exercises have evoked armed responses from the nations concerned. What has been the purpose of these precipitous activities on the part of the u.S.? What is the legal basis for this activity, and has it served the interests of the international community or the United States? This paper will examine the elements of international law pertaining to disputes rising from territorial sea claims and their impact on passage and overflight. It will …
Dredging In The United States, Claude R. Newton
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 …
An Evaluation Of Noaa's Role In Ocean Dumping Policy Implementation, Kenneth W. Barton
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. …
The Canadian-American Dispute Over Dixon Entrance, Mary Kathleen Morrissey
The Canadian-American Dispute Over Dixon Entrance, Mary Kathleen Morrissey
Theses and Major Papers
The body of water between the southern tip of Alaska's panhandle and British Columbia's Queen Charlotte islands, known as Dixon Entrance, is one of four external maritime boundaries between the United States and Canada. This particular boundary has been an area of dispute ever since it was established and settlement does not appear to be imminent. yet, this dispute continues to create poor management of fish stocks, trade disruption, feelings of frustration among fishermen of both nations, and in general, it remains a thorn in the side of United States-Canadian relations. In this paper I intend to review the history …
Maritime Boundaries Of India - A Case Study, Piyali Talukdar
Maritime Boundaries Of India - A Case Study, Piyali Talukdar
Theses and Major Papers
This study examines the present status of the maritime boundaries of India in the context of applicable international laws related to boundary definition. As a developing nation with a long coastline and large Exclusive Economic Zone, it is important for India to define its boundary limits for better utilization and management of its marine resources. India has maritime boundaries with seven different nations; the geographical setting, political relationships and economic importances are different in each case, making each situation unique. Since appreciation of factors such as geographical, geophysical, resource potentials, etc. can help to realize the shape of the present …