APPENDIX II APPENDIX II 
The enforcement laws are consistent in selecting the 
Department of Commerce and the Coast Guard as the primary bodies 
to enforce the fishery laws. Certain arrest and seizure powers 
usually are granted by statute to the enforcing agency. Along 
with enforcement statutes, sanctions or penalties are prescribed, 
usually a fine and/or imprisonment. The maximum amounts of 
fines prescribed under older statutes may not be appropriate 
today due to inflation. For example, 16 U.S.C. §772e calls for 
a fine of not more than $1,000 for violation of the Northern 
Pacific Halibut Act of 1937. $1,000 today is certainly not equiv- 
alent to $1,000 in 1937 and it might be more appropriate to impose 
higher fines today. The fine for catching certain size sponges, 
up to $500 (16 U.S.C. §783), has not been changed since its enact- 
ment in 1914. In addition to considering amendment of these 
two provisions, Congress might want to consider amending the 
following statutes because the fines they authorize may also 
be outdated 6 UnS.C. SSo6Ga, J/ZE, 776c, 653, 9l6evand £,. 989), 
ands 46 USC. eS Sole 
Wie CONCLUSION 
The fishery laws, generally, could be improved with some 
reorganization, recodification, and clarification. 
First, Congress might consider reorganizing and recodifying 
most of the fishery laws under one title of the United States Code. 
While many of the laws are now in title 16, many others are scat- 
tered throughout other titles (e.g., titles 15 and 46) of the Code. 
Either title 15 or title 16 would be a logical place for the 
fishery laws, with a separate chapter or chapters on fisheries. 
Of course, there are laws that pertain to fisheries that also 
pertain to other matters and would be best left in place. 
Fisheries laws, when revised and recodified, should be 
separated from wildlife laws and from shipping laws. Fish 
conservation appears to be different from wildlife conservation 
and properly should be treated separately. Likewise, it might 
be helpful to separate fish-related laws from general shipping 
laws. In such areaS as research and financial assistance to 
the fishing industry, consolidation of the laws would also be 
beneficial. 
Further, in recodifying the laws, the powers and the duties 
and responsibilities of the Secretary of Commerce could be clearly 
defined to reflect the transfer of functions under Reorganization 
39 
