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Full-Text Articles in Natural Resources Management and Policy

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 …

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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 …

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State Imposed Anchorage Laws: Legitimate Practice, Or Unconstitutional Restriction Of Navigation?, George Yatrakis Jan 1994

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 …

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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 …

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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 …

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Impacts Of The Unclos Iii Consent Regime On U. S. Marine Scientific Research, 1982-1989, Matthew Patrick Murphy Jan 1991

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 …

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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 …

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The United Nations Convention On The Law Of The Sea, And Canadian Official Development Assistance, Lennox O'Riley Hinds May 1989

The United Nations Convention On The Law Of The Sea, And Canadian Official Development Assistance, Lennox O'Riley Hinds

Theses and Major Papers

The purpose of this paper is to examine the needs of developing states created by the 1982 U.N. Convention on the Law of the Sea and the capability of the above cited Canadian aid agencies to provide needed assistance. To achieve the above objective the articles of the Third Convention of the Law of the Sea will be analyzed to establish requirements that coastal states must satisfy when the convention comes into force. Next, the mandates, policies, and programs of the aforementioned agencies will be examined to ascertain their potential to assist developing countries meet their obligations under UNCLOS III. …

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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 …

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Enforcement Of State Coastal Resources Management Regulations: The Rhode Island Coastal Resources Management Council, David W. Kaiser Jan 1988

Enforcement Of State Coastal Resources Management Regulations: The Rhode Island Coastal Resources Management Council, David W. Kaiser

Theses and Major Papers

This paper examines the adequacy of the enforcement efforts of the Rhode Island Coastal Resources Management Council (CRMC) in carrying out the rules and regulations of the Rhode Island Coastal Resources Management Program (CRMP). This analysis describes the Federal and State mandates and contributions to the enforcement of the Rhode Island CRMP, determines the legitimacy of the CRMC through Superior Court cases, examines CRMC enforcement activities, and determines the compliance to CRMC cease and desist orders. The research finds that the CRMC has not enforced its regulatory responsibilities well. Actual compliance to cease and desist orders was only 41%. It …

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The Exclusive Economic Zone-Considerations For Management With Special Reference To Developing Nations, John G. Catena Jan 1987

The Exclusive Economic Zone-Considerations For Management With Special Reference To Developing Nations, John G. Catena

Theses and Major Papers

Having successfully initiated and developed the legal aspects of the Exclusive Economic Zone (EEZ) the challenge which now arises for the developing coastal nations is to implement an ocean management system to more fully realize the potential benefits of extended jurisdiction. This study discusses the needs and problems developing nations may encounter in developing such a management system and also considers the ways and means to meet these needs and overcome these problems. The study suggests that coastal nations should adopt an integrated three phased ocean policy process consisting of a (1) priority establishment phase (policy formulation) (2) strategic phase …

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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 …

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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 …

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Chartering Recreational Boats In The United States: A Compilation And Analysis Of Applicable Federal Maritime Law, Mary Nathalie Peter Jan 1984

Chartering Recreational Boats In The United States: A Compilation And Analysis Of Applicable Federal Maritime Law, Mary Nathalie Peter

Theses and Major Papers

No single primary source exists to provide current and would-be participants in recreational charter boat operations in the United States with a basic legal understanding of their rights and obligations. The relevant federal maritime standards, laws, regulations, and judicial interpretations are scattered in isolated codebooks, reporters, and bulletins. Moreover, the governing body of law for boat chartering is admiralty law, which has been shaped throughout the centuries primarily by the traditions and dictates of the commercial shipping and shipbuilding industries. As a result, the logic behind the admiralty framework tends to be obscure when viewed in the context of a …

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The European Economic Community: Example Of Regionalization Of The Sea?, B. Deniaux Jul 1974

The European Economic Community: Example Of Regionalization Of The Sea?, B. Deniaux

Theses and Major Papers

The European Law and power has not such a world-wide application nowadays, and it is rather against the rules created by the old European order that the nations formed during the second part of this century have begun a rebellion process. One can address the following questions: what exactly is nowadays the action of the European Community at sea: is there a common policy of the common Market toward marine related problems? If there is one, what is the actual impact of this policy at the international level, and especially these days, in regards of the Law of the Sea …

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