33 



away with it. I have talked to enough people that tell me how they 

 get away with it to make me worry there is not sufficient enforce- 

 ment. 



Mr. Davidson. The only way to enforce it, I know I'm going to 

 get a lot of grief here, how can you cheat if the boat's tied to the 

 dock? If you have to tie your boat to the dock for 2 months out of 

 the year when the scallops are reproducing; how can you cheat? 



Senator Kerry. In other words 



Mr. Davidson. You don't need the black boxes to prove where 

 you are. 



What do the Canadians do? Thev fish up their quota. They've got 

 plenty of scallops. When they fish up their quota, they stop. It's 

 easy to see the boats at the dock, it's not breaking violations. 



Senator Kerry. You are saying our problem is people go beyond 

 the quota? 



Mr. Davidson. I think that's pretty obvious. 



Senator Kerry. Any other thoughts? 



Mr. Collins. Senator, several people have said today that com- 

 ment on the obvious need to take steps to restore the budget for 

 NMFS. In the decade of the eighties, the National Marine Fishery 

 Service received the largest percentage budget cuts of any of the 

 Federal natural resource agencies, and at the same time received 

 one of the highest corresponding increases in regulatory and legis- 

 lative responsibilities of any of the Federal natural resource agen- 

 cies. 



One of the areas that was hit the hardest was the enforcement 

 budget and the enforcement program and several others. You can't 

 put in place — if you're going to try to address the enforcement 

 issue, you have got to try to restore the funding in that program. 

 It's a fundamental. 



In my view, the observer program, the observer program is not 

 the tool to address directly the enforcement issue. Where the ob- 

 server program has worked, including in the gill net fisheries, for 

 example, in New England it has worked because of the confiden- 

 tiality of the data that's collected and because the participating 

 captains view the observers as someone who will fairly provide the 

 data, but not play any kind of enforcement role. That program 

 needs to be expanded, expanded significantly in my view. It's one 

 of the few links that we've got between the scientific community 

 and the fishing community. If you try to make that enforcement 

 program, that will doom it to failure. I do believe you've got to ad- 

 dress the NMFS issue. 



Senator Kerry. I tend to agree with you. As a matter of fact, I 

 have my staff working on some comparative analyses of the last 

 years. We are going to try to do that. 



Mr. Cyganowski. You asked how we can enforce the Hague. 



Senator Kerry. Can you identify yourself? 



Mr. Cyganowski. I'm Frank Cyganowski, retired tuna fisher. I'm 

 also a product of limited entry in the blue fin tuna fishery. That's 

 another story. 



How can we enforce the Hague Line? Simple. Under the new 

 Law of the Sea, going into force November 16, 1994, and which was 

 signed by the United States at the United Nations yesterday, gives 

 coastal countries jurisdiction over creatures and minerals on and 



