The San Francisco call., 1909-02-19
FEDERAL LAWS FOR
FISHERIES FAVORED
David Starr Jordan Prepares Re-
port Which Will Be Basis
of Treaty With Canada

Telling of the conclusions reached
after exhaustive research and con-
demning the existence of state laws
which hamper and permanently
threaten the fisheries of this country,
David Starr Jordan, president of STAN
ford university and American fish com
missioner, has issued the preliminary
pages of his report, which viii be sub
mitted to congress and will serve as the
basis for a treaty between this coun-
try and Great Britain.
The fisheries in all waters contiguous
to the United States and Canada have
been investigated by Jordan in con-
junction with commissioner appointed
by the Canadian government.
Jordan's report suggests many sweep
ing reforms in present legislation. He
suggests that interstate laws should be
drawn up by the federal government to
govern state fisheries on the same gem
eral idea as the interstate commerce
laws.
The report in part is as follows:
The international fisheries commits
sion represents a most interesting ef-
fort 10 settle at once a number Of
proolems IN international law, In con-
stitutional law, in conflict of laws. in
equity, and a the same time in biology.
for no statute for the preservation and
propagation of FISH can be effective un-
less the nature of the individual species,
its food, its distribution and its habits
are primarily and persistently kept in
view.
POWER FOR COMMISSION
To protect for their greatest useful
ness the varying. groups of fishes, in
northern boundary, is the task of the
international fisheries commission. In
so far as this commission is successful,
IL should extend the fisheries, increase
the amount of aVailahlQ fish fond and
bring about more harmonious relation
between the United States and Canada.
Furthermore, 1T should improve the lot
oil each individual fisherman. If the
work is successful il should furnish
models for the statutes of the different
states and provinces which have like
problems and like interests.
If this international project is carried
out satisfactorily the same remedy
should be applied to the difficulties aris-
ing from the migration Of fishes in
the same in Lake Michigan, controlled
by the variant statutes of four states
as in Lake Erie with her five states and
provinces.
The problems of the Columbia. with
its magnificent fisheries at the mercy OF
the inadequate. greedy and variant
states Of Oregon. Washington and Ida
ho, is far more difficult and more hope
less than that of the Fraser river and
Puget sound.
Twenty-eight years ago. in my re-
port on the salmon fisheries of the
Columbia, I called attention to the fact
that these fisheries would be depleted
or destroyed unless the government of
the United States could intervene be-
each state fishermen try to take all
they can get and the two legislatures
can never agree on joint action of any
kind adequate for the protection OF the
species.
FISHERIES NEAR EXTINCTION
u.
until the Columbia fisheries are but a
fraction of what they were in 1880.
At the present time, under the refer
endum laws of Oregon, all fishing
above tidewater is forbidden in Ore
gon, and all gill net fishing by night
below tide water limit is also pro-
hibited- This practically closes all
fishing on the. Oregon side while on
the Washington side and up the river
in Idaho there is no limit of any kind.
| These statutes may be set aside by the
courts-one or both of them-but
meanwhile very few fishes reach the
| spawning grounds, and the fisheries
four years hence will amount to moth
ing. All this comes from a struggle.
ciated Cgill nett fishermen, on the one
hand. and the owners of the fish wheels
upon the river, on the other
The fisheries in the other boundary
waters-Lake Michigan the Mississippi
the Ohio and the Potomac-are ali in
similar bad way. For this there is no
remedy except for the United States
TO take control of all migratory ami
mails of commercial value and to con-
troll and legislate for the interstate
fisheries as it does for the interstate
commerce. Matters of Importance
which no particular state can manage
must be taken in hand by the United
States. Problems which seesa win q
legislatures find insoluble are easy
enough to a national commission. In
this case the machinery for investi-
cation and control (and all control
must be based on scientific investiga-
tion) already exists in the United
States bureau of fisheries.