Requirements of the Law 



Violations of U.S. law can be classified as: 



• geographical intrusion, that is entrance 

 into forbidden areas, such as territorial 

 waters or closed areas; and 



• catch and illegal retention of creatures 

 from the continental shelf, such as 

 lobsters and crabs. 



Treaty violations take the form of: 

 . improper fishing gear, which is 

 prohibited in certain areas by regulation; 



• illegal retainment of bycatch, that is, 

 catching and keeping prohibited species; 



. overfishing of quotas; and 



• violating administrative regulations, 

 such as improper keeping of log books or 

 not reporting required scientific data. 



In the past, fisheries enforcement respon- 

 sibility has been vested primarily in the U.S. 

 Coast Guard. The Coast Guard has provided 

 the ships and aircraft and much of the man- 

 power to staff the vehicles, the sensing equip- 

 ment and the command and control function 

 of operations. The National Marine Fisheries 

 Service, which is primarily concerned with 

 gathering management and scientific data, 

 assisted in enforcement. NMFS provided per- 

 sonnel with expertise on fishing gear, fishing 

 techniques, and fish identification and catch 

 rates. There was close cooperation between 

 the two groups, with personnel from both 

 agencies frequently onboard the same vessels. 



The State Department has also played an 

 important role in fisheries law enforcement. 

 The State Department negotiated the various 

 treaties and international agreements, and in 

 the past, any foreign fishing vessel was seized 

 only after coordination with the Secretary of 

 State. A close liaison between the State 

 Department and the Coast Guard was needed 

 since any interference with foreign shipping, 

 warranted or not, could certainly affect U.S. 

 relations with the foreign country. 



91-072 O - 77 - 3 



The purpose and policies set out in Public 

 Law 94-265 have important effects on enforce- 

 ment. The law vests the responsibility for en- 

 forcement in the Secretary of Commerce 

 (NMFS) and in the Secretary of Transporta- 

 tion (Coast Guard). Authorization is given to 

 arrest violators, to seize vessels and cargo, and 

 to issue citations. 



In addition a number of specific instruc- 

 tions, which have a major effect on enforce- 

 ment, are spelled out in the law: 



1. No foreign fishing is permitted in the 

 fishery conservation zone except: 



a. under agreements or treaties (new and 

 renegotiated), and 



b. with a permit. 



2. In every international agreement: 



a. The foreign country agrees to abide by 

 all U.S. regulations. 



b. The foreign country allows a U.S. 

 officer to: 



(1) board the vessel, 



(2) make arrests and seizures, and 



(3) examine the permit. 



c. The permit must be prominently dis- 

 played. 



d. Appropriate position-fixing and iden- 

 tification equipment, such as transpon- 

 ders, if required by the Coast Guard, 

 are to be installed and maintained on 

 each vessel. 



e. U.S. observers will be allowed to board 

 any vessel, the cost to be reimbursed to 

 the United States. 



f. Foreign agents are to be sited in the 

 United States to deal with any legal 

 process. 



g. The foreign nation acts in behalf of its 

 individual vessels. 



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