American and International Aquaculture Law / Edition 1by Henry D McCoy II
Pub. Date: 08/30/2000
Aquaculture is the fastest growing sector of agriculture and the speed of scientific and economic advances during the past decade has outpaced the available literature dealing with legal aspects of aquaculture. This excellent new book redresses this imbalance and will provide a thorough and comprehensive reference for all those who are involved in the many aspects of aquaculture where up to date legal information is a vital tool for them to carry out their roles.
Table of ContentsAquaculture industry overview; State, Federal, International wildlife laws:legal definitions of aquaculture: ownership of aquatic animals and plants; The basic American regulatory structure; Summary of basic Federal Statutes; Dispute resolution: summary of litigated aquaculture cases, including international trade and arbitration cases and proceedings; The coastal zone and aquaculture; The "Public Trust" doctrine and aquaculture; Basic environmental considerations; Water and water rights; Shellfish laws and regulations; Birds, other fish and shellfish predators: the Migratory Bird Act; The Lacey Act; Efforts to reduce regulatory restraints: National Aquaculture Act and National Aquaculture Policy; International considerations: aquaculture in the exclusive economic zone: international codes for responsible aquaculture development: U.N. Fisheries Treaty; Endangered Species Act-"CITES"; Federal Food, Drug & Cosmetic Act and related Acts; Antitrust and trade regulation laws: an overview of Antitrust Laws and the Federal Trade Commission Act; Fish stock mortality and liability insurance; Aquaculture, the stock market and securities law; Possible sources of aquaculture finance
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On Cape Cod, where I live, fishing, shellfishing and aquaculture are important segments of the economy, and the local newspapers run stories at least once a week about one or another legal or regulatory dispute in these businesses. The issues are complex and the outcomes often seem to contradict one another, or to fly in the face of common sense. This is partly because of the overlapping maze of international law, federal law, Massachusetts state law, and local ordinances. McCoy's book won't answer all your questions on such matters; indeed, it doesn't even raise all the questions. What it does do is give a clear, coherent overview of the types of issues that arise in aquaculture, and even in such seemingly unrelated matters as walking along a beach. The president of a local bank and his wife, walking on a beach one day recently, were evicted from the beach and turned over to the police because they had violated the Massachusetts ordinances of 1641 to 1647 by walking on privately owned beach above the extreme low water mark. They would have been able to do this legally if they had been carrying binoculars and looking at seagulls; the Massachusetts Supreme Court seems to have decided that birdwatching is 'fowling' under the colonial ordinances, and fowling is legal on a privately owned beach. If this true anecdote seems absurd, the laws governing aquaculture are in many cases even more absurd; a permit to raise clams on one's own property can easily take three years or more to obtain. Everyone with even an indirect interest in aquaculture should at least skim this book; it's the only one of its kind. It's probably too much to hope that legislators will read it, but if they do, some of them will, I hope, be embarrassed enough to work for clearer and more consistent laws.