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- Commercial Fishing Industry Vessel Safety Act; fishing boats; United States Coast Guard; legislation (1)
- Oil Pollution Act of 1990; OPA 90; tugs; barges; coastal zone management; North Cape oil spill; Rhode Island; U.S. Coast Guard; environmental protection (1)
- United States; Massachusetts; Massachusetts Wetlands Protection Act; Takings Clause; shoreline setback scheme; regulatory takings (1)
- United States; Northeast Region; fishery management; National Marine Fisheries Service; compliance and enforcement; U.S. Coast Guard; (1)
- United States; coastal zone management; Coastal Zone Management Act; recreational harbors; harbor management plans; HMP; hurricane; municipalities (1)
Articles 1 - 6 of 6
Full-Text Articles in Law
Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize
Shoreline Setbacks Vs. Regulatory Takings Law In Massachusetts, Deborah Fraize
Marine Affairs 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
Marine Affairs 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 …
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
Marine Affairs 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
Marine Affairs 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) …
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
Marine Affairs 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.
Marine Affairs 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 …