23 



you can guarantee that legally caught fish that are allowed in the 

 States are marked in some way, there is a substantial paper trail 

 and that law enforcement efforts are made easier, then there 

 might not be a problem there. But it is a substantial law enforce- 

 ment problem. 



Mr. Lancaster. Mr. Schill, do you care to comment on this prob- 

 lem of legal and illegal catches and the problems that relate from 

 that? 



Mr. Schill. Well, certainly our concern is interstate commerce, 

 and certainly when you are trying to transport fish into or out of 

 North Carolina dependent upon whether your sister State is in 

 compliance or not certainly remains to be a problem. Also on page 

 nine, paragraph three gives us a great deal of heartburn. The fail- 

 ure to return to water immediately with a minimum of injury, et 

 cetera, et cetera, any fish to which a moratorium applies certainly 

 would pose problems in several fisheries and particularly the men- 

 haden fishery as well. 



Mr. Lancaster. Further comments on that question? Yes. Mr. 

 Colvin? 



Mr. Colvin. Thank you, Mr. Chairman. One additional point did 

 occur during yesterday's deliberations at ASMFC and that is that 

 clearly all involved in the discussion felt that in the event of a 

 moratorium, under no circumstances should shipment of fish prod- 

 ucts through a State — in interstate commerce — that was a subject 

 of a moratorium be interdicted. That is generally present practice 

 now in most State and Federal enforcement programs, and there 

 was clearly no intent or support for language that would interfere 

 with that. 



Mr. Lancaster. Should the language though be further clarified 

 to make certain that that is 



Mr. Colvin. Following discussion, we felt that the language that 

 was in the Commission's draft, which I believe is very similar to 

 the bill on that point, was adequate to cover that concern. 



Mr. Lancaster. Further comments on that question? If not, 

 counsel will have additional questions for the record. We thank you 

 for your testimony, and this concludes the hearing. 



[Whereupon, at 3:36 p.m., the Subcommittee was adjourned, and 

 the following was submitted for the record: 



