APPENDIX VI APPENDIX VI 
44 
majority of nations) now fishing in waters within 200-miles of the 
United States, will not accept our unilateral assertion of exclusive 
fishery jurisdiction, the United States must decide whether it will 
strictly enforce its law during the period prior to the time that the 
new LOS treaty enters into force or until such time as new agreements 
are negotiated and accepted by Congress. In any case, it seems clear 
that Congress must permit thé executive branch to exercise considerable 
flexibility in carrying out the enforcement provisions of the Act 
(Section 311) in order to avert serious disputes with friendly nations. 
It is also believed that the United States executive branch can nego- 
tiate more effective enforcement procedures with countries fishing off 
our coast on a bilateral basis than on a multilateral basis; however, it 
is unlikely that such negotiated provisions would satisfy the current 
provisions of the law. 
The FCMA calls for the responsible United States government author- 
ities to enforce the provisions of the Act with or without a warrant or 
other due process, and in that respect, officials may arrest any person 
if there is reasonable cause to believe that person has committed an act 
prohibited by Section 307 of the Act (which lists the specific prohibited 
acts). The appropriate government authority may board, search, and 
inspect any fishing vessel subject to the provisions of the Act (i.e., 
any vessel, foreign or domestic, operating within the 200-mile zone); 
seize any fishing vessel together with its gear, any fish, or any other 
evidence if there is reasonable cause to believe a prohibited act has 
been committed. The provisions of the Act then provide the inspecting 
United States officer with the authority to issue a citation and to 
bring the offending person or persons into the United States court for a 
hearing. Severe penalties may be assessed by the United States courts, 
including jail sentencing and confiscation of the vessel, gear, and 
catch. 
The current LOS text provides for coastal nation's enforcement 
within the 200-mile zone and the assessment of reasonable fines against 
the offending vessels. However, the text would require turning the 
vessel over to the flag state authorities within a reasonable time 
period and does not provide for confiscation of catch or vessel or for 
imprisonment. 
It would appear appropriate for the United States Congress to 
consider further the penalty provisions of the FCMA. They appear too 
severe and inappropriate for simple violations of fishery regulations. 
FISHERIES TREATIES AND THE 200-MILE ZONE 
The Fishery Conservation and Management Act requires prompt initiation 
of renegotiations of any treaty which pertains to foreign fishing within 
the fishery conservation zone of the United States. Furthermore, there 
is the strong implication in the law that the United States should with- 
draw from any treaty that is not consistent with the Act, particularly 
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