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Full-Text Articles in Law

Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman Nov 2017

Evaluating Climate Change Adaptation Mechanisms In Fisheries Management Laws And Regulations, Marine Affairs Institute, Roger Williams University School Of Law, Logan Pearce, Joseph Bingaman

Sea Grant Law Fellow Publications

No abstract provided.


Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage Oct 2017

Migratory Bird Conservation And Shellfish Aquaculture In Rhode Island: Legal Issues, Nicole Andrescavage

Sea Grant Law Fellow Publications

From 2014 to 2016, Rhode Island Shellfish growers applied for a series of leases to produce oysters in close proximity to lands used for waterfowl hunting. The emerging conflict between these uses required the relevant agencies to seek modifications to minimize problems and highlighted a need to better understand the relevant authorities governing these agencies. This study provides an overview of how state and federal legal authorities govern the interaction of shellfish leasing and waterfowl management in Rhode Island, including whether shellfish leasing may be considered incidental take under federal law.


Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson Aug 2017

Legal Context For Construction Of Bristol Veterans' Home Universally-Accessible Fishing Pier, Jourdan Thompson

Sea Grant Law Fellow Publications

This study reviews the legal requirements governing design and construction of a proposed universally-accessible fishing pier located at the Rhode Island Veterans’ Home in Bristol, Rhode Island. The pier would provide veterans and other members of the public with accessible recreational fishing opportunities. However, federal, state, and local approvals will be required before the project can move forward. This study provides an overview of required permitting and approvals by the Coastal Resources Management Council (CRMC), Town of Bristol, and U.S. Army Corps of Engineers (USACE). In addition, it considers the role of the Rhode Island Department of Environmental Management (RIDEM) …


Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman Aug 2017

Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman

Sea Grant Law Fellow Publications

This study considers whether violations of foreign export duty requirements for live wildlife shipments can be prosecuted under United States law. The next section introduces the Lacey Act, which offers a potent enforcement tool against wildlife trafficking and related offenses. The study then considers whether and how export duty fraud violates the Lacey Act and the possible penalties that apply to such violations. Finally, it uses the Philippines as a case study to illustrate the utility of exporting country laws for Lacey Act prosecution of these cases.


Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Erika Wheat, Mark Hartmann Aug 2017

Status Of The U.S. Academic Research Fleet As Public Vessels Under U.S. And International Law, Rhode Island Sea Grant Law Fellow Program, Marine Affairs Institute (Mai), Roger Williams University School Of Law, Erika Wheat, Mark Hartmann

Sea Grant Law Fellow Publications

No abstract provided.


Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann Jul 2017

Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann

Sea Grant Law Fellow Publications

This document reviews the legal standards providing differential treatment of “public vessel” under federal regulations, including regulatory definitions of that term. In addition, it reviews language in key international legal instruments that provide similar special treatment for selected vessels owned by governments. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses the application of these and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The authorities presented here are separated by issuing agency (for regulatory citations). International …


Funding Options For End-Of-Life Stewardship Of Fiberglass Boats, Austyn Carolin May 2017

Funding Options For End-Of-Life Stewardship Of Fiberglass Boats, Austyn Carolin

Sea Grant Law Fellow Publications

This study provides a foundation for consideration of end-of-life stewardship programs for fiberglass boats by reviewing U.S. state and territory fees and boat-specific taxes. It identifies fees used in each jurisdiction, what these fees are allocated for, how they are allocated, and how they ensure that boaters support the ecosystems they use so frequently. Additionally, this study discusses states that address the issue of derelict vessels and how they have allotted state funds to manage the growing issue of derelict vessels in our waterways.


Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman Mar 2017

Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.