APPENDIX II APPENDIX II 
pertain only to fishing vessels, while the loan guarantee pro- 
gram is for the benefit of other vessels as well. Congress might 
want to consider an overall review of these direct assistance 
programs to consider the following questions: 
(1) Should they all be within the same title of the United 
States Code? Presently, the loan program is under title 16 ana 
the other two are under title 46. 
(2) Should a separate loan guarantee program for fishing 
vessels be established? 
(3) Should 46 U.S.C. §1401 et seq., (subsidies), administered 
by the Secretary of the Interior, be amended to be administered 
by the Secretary of Commerce? If the Reorganization Plan has 
already transferred this function, then the statute should be 
amended to reflect the transfer. 
(4) Should the 1972 date beyond which applications for sub- 
sidies were not to be accepted, be extended again? 
(5) Should the statutes spell out more precisely eligibility 
guidelines for each category of assistance? Under present law, 
no criteria are provided to guide the Secretary in determining 
that an applicant is not eligible for a loan, but is eligible 
for a loan guaranty. 
H. Enforcement laws 
The enforcement laws are consistent in selecting the Depart- 
ment 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 equivalent 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 enactment 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because the fines they authorize may also be outdated: 16 U.S.C. 
§§666a,, -772£, “7/6e; 653, S16e and -£,)-989\)vand 460 JS 2G AUS a9. 
