WASHINGTON STATE FISHERIES BOARD HEARING APRIL 28 1923 UNIV. OF WASH. LIB.HEARING. BEECHE STATE FISHERIES BOARD. APRIL 28, 1923.156639 INDEX C.S. VAIL............................. 3-71-74-75-76 H. BJORKLUND....................................... 4-49 A.I. DUNLAP........................................ 6 S. "I. WAY.............................................. 7 B. R. WATSON..................................... 8-88 E. HOGAN......................................... 34-65 E. H. ANDERSON....................... 51-66-70-63-84 0. C. NELSON......................... 69-71-72-76-77 1WASHINGTON STATE FISHERIES BOARD Hearing held at Seattle, Washington, in the office of the Board in the Alaska Building, at 11 A.M. April 28, 1923, PRESENT. E. A. Sims, Chairman, H. Ramwell and Edward P. Blake, members of the Board. There were also present: C. S. Vail, La Conner. H. Bjorklund, East Stanwood. A. I. Dunlap, La Conner. S. W. Way, Everett. B. R. Watson, Everett. E* Hogan, Everett. E. R. Anderson, La Conner. C„ C. Nelson, Mt. Vernon* Pursuant to notice, the Board was called to order hy Mr. E. A. Sims, Chairman; whereupon the following proceedings were had, to-wit: 2MR, SIMS: Now, Mr. Vail, please state to the Board what you are here for. MR. VAIL: Well, I am here to listen. I am just here to listen* I expected that the Governor would he here to meet with us. So I don*t know as I have much to say at this time. Perhaps later on I might say something. MR. SIMS: That is all you have to say at this time? MR. VAIL: Yes. MR. SIMS: What is your name? MR. BJORKLUHD: Bjorklund. MR. SIMS: Where are you from Mr. Bjorklund? MR. BJORKLUND: Stanwood. MR. SIMS: Are you a fisherman? MR. BJQRKLUND: Yes. MR. SIMS: Did you attend a meeting in Seattle any time before the State Fisheries Board? MR. 3 JORKLTOID: Wha t ? MR. SIMS: Have you ever attended any other meeting of the State Fisheries Board? MR. BJORXLUND: Yes sir, I have "been one meeting, some years ago, up in Washington Hotel* Q. The State Fisheries Board was not created at that time? MR. BJORKLUND: Ho. MR. SIMS: You didn’t attend any meeting on June 20, 1921? MR. BJORKLUHD: No. MR. SIMS: Just state to the Board what you have in mind? MR. 3 JORIfLUliD: Wha t ? MR. SIMS: Just tell us what you are here for. MR. BJORKLUHD: Yes, I am here for, I guess, what the rest of them are here for, to get to hear that we have the right to fish, It is closed, the whole river, before, hut now there is a survey there. 3d2 MR. SIMS: A survey there — what do you mean "by a survey there? That don't mean anything to us. A Outside the limit, you know, outside of the river and -MR. SIMS: You are from the Skagit River? MR. BJORXLUND: No, from the Stilaguamish River. MR. SIMS: Row what do you want done on the Stilaguamish? MR. BJORKLUND: We want to have open so that we can fish. MR. SIMS: You want the river opened? MR. BJORKLUND: Yes. MR. SIMS: The Stilaguamish River? MR. BJORKLUND: No, not the whole river. This hasbeen limit be- fore. Surveyed, you know. MR. SIMS: Where was it surveyed before? MR. BJORKLUND: Mouth, right mouth of the river. MR. SILTS: There was no fishing inside of the Stilaguamish before? MR. BJORKLUND: No, -- yes, there was fishing before, before this, but now they are fishing, have been fishing outside there. MR. SIMS: You want to fish right up to the mouth of the river — from the mouth of the river up? MR. BJORKLUND: Yes, where the line is drawed. to. CAPTAIN RAMWELL: Where is that? MR. SIMS: Where is that line drawn? MR. BJOHKLUND: Drawn right at the mouth of the river. MR. SIMS: That is the Stilaguamish coming in there (referring to map) . MR. BJORKLUND: I can't see. MR. SIMS: This is Port Susan and that is Skagit Bay, that red mark that you see there, MR. BJORKLUND: That is slough right there. MR. SIMS: That is the slough running into the Stilaguamish, that 4d2 is the big slough running into the Stilaguamish. MR- BJORKLUND: Right north of it, right north from the flat. MR. SIMS: Is the flat in Skagit Bay ar at Port Susan? MR. BJOREXUND: In Port Susan. MR. SIMS: In Port Susan? MR. BJORKLUIID: Yes* Port Susan Bay we are taling about now. This is a stream go to Port Susan and one to Skagit. They lead out from the Stilaguamish River. MR. SIMS: In other words what you want is the mouth of the river at Port Susan? MR. BJORK1UND: Yes, where it was before. They surveyed. There is a pole there and a sign there where it is surveyed to. CAPTAIN RAMWELL: You want to fish, on the Skagit side or the Port Susan side? MR. BJORKLUND: On Port Susan side. CAPTAIN RAMWELL: On Port Susan side. MR. BJORKLUND: Yes. MR. SIMS: You think that the area that was made by the State Fisheries Board in front of the mouth of the Stilaguamish has been more detrimental to your locality than the areas made in front of all the other streams in the state? MR. BJORKLUND: I thought it was surveyed and fixed up before. How* what the law is now, it "be three mile out from this and there is no chance there to do anything. MR. SIMS: What is your business? MR. BJORKLUND: Well, I fish and -- MR. SIMS: What else do you do? MR. BJORKLUND: Have a little place there. CAPTAIN RAMWELL: Have you got a ranch? MR. BJORKLUND: A little ranch, yes® 510. CAPTAIN RAMWELL: That is your main business, your ranching, is it? MR. BJORXLUND: Well, fish besides. CAPTAIN RAMWELL: Well, I know, but that is what you make your living at, is ranching? MR. BJORKLUND: Well, we make some of it, yes, not all, we can- not do that. MR. SIMS: That is all you want , is it? MR. BJORKLUND: Yes. MR. SIMS: What is your name? MR. DUNLAP: Dunlap. MR. SIMS: Mr. Dunlap, where are you from? MR. DUNLAP: La Conner. MR. SIMS: La Conner? MR.'DUNLAP: Yes. MR. SIMS: Will you please tell the Board what you are here for? MR. DUNLAP: It is pretty hard to tell, I gess, what we are here for. Mr. Anderson is the spokesman of our committee, and we had a meeting the other evening and I was elected one of the delegates to come down with Mr. Anderson, just the three of us from the Commercial Club up there at La Conner. MR. SIMS: I see. You want Mr. Anderson to speak, as far as you are concerned? MR. DUNLAP: He has studied the subject. He knows more about it than I do. I am just a merchant there in La Conner. ICR. BLAKE: You represent the merchants there, do you, Mr. Dunlap? MR. DUNLAP: Yes. MR. BLAZE: You are not a fisherman? MR. DUNLAP: Oh, no. MR. SIMS: Did you sign this petition, Mr. Dunlap? 6d5 MR. DUNLAP: I could not say if I did or not. I was not there at the time of the meeting. MR. SIMS: Well, you subscribed to the resolution of the Com- mercial Club of La Conner? MR. DUNLAP: Well, I could not say for that, either, because I was not at home at that time -- at the time they had that meeting there when that petition was gotten up. I would not say for certain if I signed it or not. MR. SIMS: The only thing I was getting at was this, Mr. Dunlap, that a great many things are brought before a Commercial Club like this, someone offered a resolution and the members subscribed to it; they don't know particularly as to the facts or the conditions, really, that the resolution covers; and I just wanted to know whether you -- MR. DUNLAP: I could not say -- MR. SIMS: (Continuing) — subscribed to this and whether you know what -- MR. DUNLAP: I know nothing of the meeting, because I was not at the meeting, I was not there at the time. MR. SIMS: What is your name, please? MR. WAY: Way. MR. SIMS: Where are you from, please? MR. WAY: Everett. CAPTAIN RAMWELL: From the Riverside Chamber of Commerce. MR. SIMS: Will you please tell the Board what you are here for? MR. WAY: I am here with my committee, asked to come down with them, to bring them down and see what the commission done. The committee was appointed by my predecessor, and not discharged, so they still are doing the work, and I practically came down as an officer of the Commercial Club to see what we could do with the commission. MR. SIMS: But I know they have not presented anything to the com- 7q6 mission yet. MR. WAY: Mr. Watson, I believe — MR. SIMS: Mr. who? MR. WAY: Mr. Watson is the practical chairman of that committee. I just came along. MR. SIMS: I see. What is your name, please? MR. WATSON: B. R. Watson. MR. SIMS: Mr. Watson? MR. WATSON: Yes sir. MR. SIMS: Will you please tell the Board what you are here for, Mr. Watson? MR. WATSON: Well, sir, I am down here just for and on behalf of the fishermen of the Snohomish River, in one sense of the word * and I am speaking from the standpoint as an American citizen. I want to see equality and rights of all citizens alike* and, above all things, I am placing my stand on my own observations and my experience that I have had to stimulate the conservation and rehabilitation of the salmon and more stringent laws made in that respect than what is at the present time enacted. I donTt feel, or I canrt say, from my own experience and what experience I have had, that the present ruling is conserving the salmon. MR. SUvlS: Which ruling particularly to you refer to? MR. WATSON: To the Fishing Board ruling. MR. SIMS: You mean the ruling made by the Fisheries Board? MR. WATSON: Yes. MR. SIMS: We are not in tune with your ideas? MR. WATSON: In regard to conserving the salmon. MR. SIMS: In Puget Sound? MR. WATSON: Yes, in Puget Sound. I do not believe that the rulings, tid7 the way they stand today, is conserving the s&lmon; I canTt see where they are. MR. SIMS: Have you ever in the past at any time tried to advise the Fisheries Board, or anybody in the Fisheries Department? MR. WATSOK: No sir. MR. SIMS: (Continuing) -- of any errors that they may he making, or offered any suggestions as to improvement in the policy for the perpetuation and conservation, as you talk about? MR. WATSON: I never have but one time and that was just to Mr. Darwin, and that was in 1914 when I first came to Everett. MR. SIMS: Mr. Darwin is not connected with this Board. MR. WATSON: That is the only time I ever had any talk with any official on the fishing industry of this state. MR. SIMS: We have only been in effect since May, 19E1. MR. WATSON: Yes, I understand that. MR. SIMS: So all other laws previous to that time were made by the legislature and —* MR. WATSON: Yes, I understand. MR. SIMS: Do you particularly refer to the general laws of the state as being imperfect, or just particularly as to the regulaticns? MR. WATSON: I think, yes, the general laws of the state have been imperfect, to an extent. I do not think that the conservation of the salmon — the efforts have been made in the proper way to keep up the salmon or the rehabilitation of the salmon. I do not think they are being used as they should be. I think * they have been extravagant in the appropriation of funds, that is, I think the money has been used extravagantly, that has been 9appropriated for the benefit of our hatcheries. I think the hatcheries could have done a great deal more with the amount of money that they have had than they have done. MR. SIMS: Are you a hatcheryman? MR. WATSON: Yes sir. MR. SIMS: You are a hatcheryman, MR. WATSON: Yes sir. MR. SIMS: Who are you employed by? MR. WATSON: I am employed — I am not at the present time. ICR. SIMS: I mean who were you employed by when you were a hatchery- man? MR. WATSON: I was with the Federal government. I was in a United. States position seven years. I was superintendent of hatchery two years in the State of Montana. MR. SIMS: Have you ever been employed on Puget Sound in any of the hatcheries? MR. WATSON: No, I never have, but I have put in eight years on the Pacific Coast, studying the life and habits of salmon; made that my study for eight years, I mean steady, and I have went on the river and I went in the ocean and I went everywhere and I studied them on their natural spawning ground, and I studied the rivers, and what I know in regard to that I know to be of my own practical knowledge. I am not a theoretical man in this work but I am practical. MR. SIMS: Now, Mr, Watson, just so that you will understand what the qualifications or extent of our authority goes to -- I think you are under a misapprehension as to just what our duties are -- MR. WATSON: Possibly I am. MR. SIMS: In the first place, here is all that our powers S© to; 10d9 We simply have the power to say what waters can be fished in -- MR. WATSON: Yes. MR. SIMS: — when they can be fished in, and what kind of gear can be operated. MR. WATSON: Yes. MB.SIMS: Now, the department or the branch of the industry, or the regulating of the industry, or the perpetuation of it; that gou are discussing, is entirely in the hands of the Supervisor of Fisheries. J&R. WATSON: Yes. MR. SIMS: And I am satisfied that Mr. Seaborg, or the Hatchery Superintendent, Mayhail or anyone else connected with that department, will be glad to have you -- or even Prof. Cobb at the University -- enlighten them as to where their policy is wrong, or where the extravagances are, or in any way that an improvement can be made in the fisheries system. Mft. WATSON: Yes sir. MR. SIMS: I am satisfied that you will find every cooperation, as far as we are personally concerned, if you should be in Seattle and have a half a day to spend, we will ourselves be glad to have you talk your ideas over with us; although it is not exactly-our branch, we are interested in that work and it will give us some ideas, possibly, that may assist us in arriving at some of the regulations that the law gives us authority to make. MR. WATSON: Yes. Well, I would certainly be glad to do that. MR. SIMS: So, practically, the things that you have been talk- ing about, Mr. Watson, do not come withing the purview of this Bfcard. MR. WATSON: No, not exactly. Of course, I have read some of the rulings, I have heard so much talk about it; a man, you know, 11dlO can hear a whole lot from different ones. They all vary a little in opinion. I speak myself from a scientific standpoint, and I notice most of the talk is not. It is a good deal from talk of -- MR. SIMS: Will you come over her, Mr. Watson, just a minute, please. Here is something I would like to ask you, because I think you have had some experience. I just want you to look at this. You are not interested — you are not a fisherman? MR. WATSON: No sir. MR. SIMS: All you are interested in is the perpetuation of fish? MR. WATSON: Yes. MR. SIMS: These red areas that you see marked give the dead-line for taking fish at those points. This starts, you will see, above Tacoma. That is Tacoma Bay, and that is Quartermaster Harbor,; then here are all the waters inside of the main Sound in through to Bremerton, Dogfish Bay, out to Agate Pass; Hoods Canal, starting here at Seabck, all these areas, all these streams being closed. This area in front of Seattle is closed; this area in front going in down through where the canal is, is closed; this is the Snohomish River; that is the south fork of the Stilaguamish; that is the north fork of the Stilaguamish; and that is the Skagit and Swinomish Slough, this takes in the other end of the Swinomish Slough, Samish and Nooksack; this takes in the Dungeness River and the Elwah River, and takes all the areas inside of the islands. By looking at *that, as a practical man, can you see wherein the rivers mentioned here, the Stilaguamish of the Skagit or the Snohomish, have been imposed on any more than the other areas of the state in like waters? 12dll MR. WATSON: Well, I will tell you, the way I figure this in my experience, that there is times when the fish are in runs, that they should not he -- from the time they lea^e the ocean those schools should not be disturbed by no gear of any hind. MR. SIMS: That is getting outside of this question. MR. WATSON: Yes, it is, but I am going to bring that to this; My opinion is this, and I am confident of my theory, that in closing the rivers is not conserving the salmon, not a bit. The amount of space that is taken in the rivers, compared with what is taken outside — it is the destruction of the immature salmon before they get to the river -- MR. SIMS: Please just a minute. Our policy may be wrong, We have defined a policy and it is on that map. MR. WATSON: Yes. MR. SIMS: I am not going to say or argue with you about the policy. The only thing I want you to say - if you wnat to, say these other things -- but I would like to get an answer to the question as to whether we have discriminated, and you can see the four areas. MR. WATSON: Yes. MR. SIMS: And if you can see any discrimination as against these four places, compared with the arease that have been made in the other part of the Sound? MR. WATSON: No, I do not see that there is any partiality shewn in there. I think they have all been treated alike, as far as that is concerned. MR. SIMS: Donlt you think, as a matter of fact, even further than that, Mr. Watson, that they have been treated more fairly, when you consider the area that they are in, and the others, as to the size of the areas we made in front of those four streams? 13dl2 MR. WATSON: Well, I don’t know but they have been treated just as fairly, as far as that is concerned. They have all been treated, I judge, alike. I don’t see that there is any partiality shown in the thing. But my idea differs, and that is why -- MR. SIMS: As to the policy of how to do it? MR. WATSON: Yes, your policies are different altogether from my ideas. That is all. My idea is that for the conservation of salmon in the Puget Sound country , that in closing any of these rivers is not going to conserve the salmon any. MR. SIMS: A party who lives on the Hoods Canal was very strongly opposed to this Hoods Canal closing, stating that he didn’t think it was going to be beneficial, it was going to deprive the fishermen of a certain area of fishing, and he really was very hitter, I know him quite well. I know hes whole family. Last year he wrote us a letter in which he said that the area that we had made in Hoods Canal and which he had opposed at the time -- that he had entirely changed his mind about it, that he had seen more salmon in the streams of Hoods Canal than he had seen for fifteen years, and for God’s sake never open that Canal below or above the point where we had it, because he absolutely believed that the area, at least in Hoods Canal, was going to be a saver for Hoods Canal. MR. WATSON: Well, that is very true, and you find the same exist- ing in these rivers. MR. SIMS: Now, just one minute. Captain Ramwell was over at the Stilaguamish River when the humpback run was on in 1921, and I sm going to ask the Captain to repeat -- he stopping there at the river where I believe the county engineer and some other 14citizens were-- what statement they made; will you please state that, Captain? CAPTAIN RAMWELL: Yes, they stated that they had never seen so many salmon in the Stilaguamish as they had seen in that year, not in twenty years -- salmon going up to spawn. MR. WATSON: That is very true. MR. SIMS: I was up at a place called Hazel in -- I guess that is on the Stilaguamish, isn*t it? - Yes, I was up to a place, to a family called, I believe, Anderson -- no, not Anderson, I have forgotten the name, Anyhow, I stayed there a couple of days. There was an old fellow there, a Scandinavian, who owned some land, and-he had been in California, and the discussion came up between them, not with myself, -- I didnTt discuss the fish question -- and this fellow that had been in California, this old friend of theirs, who had been a resident of this place, ashed this family how the fish ha'd been in the stream this year and last year, and they told him that there had been more fish up at that point than there had been in a good many years, and I think that a great many, even grown people, were shooting them, pitchforking them out and abusing them and all that kind of thing. So it is absolutely apparent to us, from observation made -- we have had inspectors out on the different streams and from offhand information that we get-- that the areas and the closing of streams have allowed more salmon to go to the streams. Nov/, a party made this statement to me practically this last fall, he said "The area that you have put here in front of Seattle" -- he said "I would give ten thousand dollars for one day's right to fish in Seattle or the Bay here, in Elliot Bay.” He said, "I never have seen that time when I would have 15dl4 done that before." In other words, there were more fish. MR. WATSON: That is very true. But now, as I say, speaking from the scientific standpoint; there were more fish in the rivers last year than there is availbable spawning ground for. We admit that right straight through. You haven’t got one third of the spawning grounds today that we had thirty years ago. So, by letting the fish go tip there, they only destroy each other’s eggs. I was up the Pilchuck here a while back, clear up six miles pretty near above the logging operations. I was almost to the head of the Noon-sack last fall. And you canlt find a spawning bed today in any river -- and I was all over Grays Harbor County last week -- you can*t find a spawning bed below the logging operations today, that is getting any fish eggs in it. It is not the nature of those fish to spawn where the water is polluted in any way; they wonft do it. If they are crowded down from above , sometimes they will fall back and will spawn in those places, but those eggs never hatch, they never get anything out of them, they never thrive. MR. SIMS: You mention logging operations. You mean where they are logging in the rivers. MR. WATSON: Yes, and where there is a town that empties a sewer into the river, that is destructive as to eggs that hatch. That is when they are destructive. MR. SIMS: I have made the general statement that if there were no fishermen at all, if there were no commercial fishing, that as the commercial life of the state grows, it is just a question of time until the fish themselves absolutely will be depleted. ICR. WATSON: They deplete, yes. MR. SIMS: From the natural effect of civilization. 16dl5 MR. WATSON: Certainly they will. Now, that is proven by the fact -- I can show you down on the Alsea River -- that is a river in Oregon that is the least molested of any river emptying into the Pacific Ocean, I believe, not fishing done on it whatever -- every eight years they have a feig run of salmon and every eight years they have a very light run. Now, if you will ask some of them -- I asked Prof. Cobb and Prof. Cobb could not tell me why it was; he said MI donft know what to attribute that to.” I said ,TI can tell you". I said, "I know. The year that they have the £ig run they destroy each other*s eggs, and very few hatched, very few of them ever thrive and get to the sea. When they do get back, there is a light run. That year there are spawning beds, and they make a good strong hatch. Four years later they ha^e another big run of salmon. There is a record there that will verify that statement. ICR. SIMS: I don*t think there is any question about it, I think that is a pretty sound idea. MR. WATSON: My idea is this, to protect the young and immature salmon. Those are the ones that have been so destroyed. Have the mesh so regulated in order to let those fish go through. If the river fishermen took half of the fish that went up the Snohomish River this year, they womfld have more fish hatched and thrive and get to the ocean than there would have been if half of those fish hadnTt been taken out; there would be more of them if half of them were taken out than there will be now by letting them all go. s. SIMS: Mr. Watson, let me tell you what we did two years ago the very first opportunity that we had. It was in the summer months and in the season when fish were coming. I haven't 17dl6 the report right at hand, it is in the files somewhere, e had a biological survey made of all the streams in the northwest up here, and I believe some, maybe the White River or Nesqually, just for the very purpose of trying to find out the requirements of the fish, to cover the spawning grounds and the possibility of seed in these different streams; and the report was, in 1921, that the streams -- and they mentioned them by name — the grade of fish that hwere there in the streams they went to and the places that could be improved, and we have bben trying to get up to that point, realize, just as you do, that it is a difficult question for a layman to settle, as to when there are sufficient fish in a stream so that they will not destroy themselves and get the quantity to perpetuate and keep them on an average run. Now, we tried to find that by scientific people who knew, and the man from the University of California I believe was the man who did the work, Anyhow, he was secured by John Cobb, and we joined in the work, the Supervisor of the Fisheries Department joined in it, and also the university. And we have been carrying on that work. They had it transferred to the Columbia River and down on the coast streams, so that the balance of the Sound has not been covered yet, but those very points you are talking' about are the ones that we have been trying to arrive at. Our theory apparently has got results in at least bringing fish to the streams. MR. WATSON: Yes, that is true. MR. SIMS: We do not believe we are ever going to know whether our policy is entirely successful until we get a cycle. Now, for instance, we have had two years of operation under what 18d!7 we call our policy. Now, the fishermen from the Skagit and the Noonsack and some from the Snohomish have been more or less insistent on the opening of the rivers and the lessening of the areas. We feel that we know that the fish have improved in the streams. We feel that if we go to work and destroy this policy, that when the time comes when the cycle comes £ack for the fish that we saved in 1921, that we will have no record of it at all and it will absolutely be lost. We are proposing to go through at least until we are shown otherwise, continue our policy through at least one cycle of fish. Now, whether that is good judgment or not -- MR. WATSON: Do you really think, Mr. Sims, that there will be any more fish hatched in the river, and thrive, from the amount of fish that is now going into the river, than there has been for the last several years with the river fishermen fishing them? MR. SIMS: Well, now -- ICR. WATSON: That is, I am speaking from my own scientific knowl- edge, the study I have made of it. I think that if half of the salmon that went up the Snohomish River this year had been kept hack and hadn't gone up, you would have had more young fish hatched and from the natural spawning beds than you will have. MR. SIMS: I can tell you, as an improvement that we have made upon the very proposition that you are talking about, that during the time when the fishermen were fishing in the Snohomish River, as I remember it -- and this is simply from memory, because it was refreshed here the other day -- as I remember it, at Gold Bar I think they took about a million and a half against — my understanding is that last year, I presume it was 1922, they took about seven million. Now, I don't know 19die about the lower one, So there has been some improvement in tha t. MR. WATSON: That is very true. I saw the letter that was out in the paper some time ago that they hod taken sixteen million eggs last year. I^R. SIMS: Maybe that is it. MR. WATSON: Of course, I can’t help but feel, from my own per- sonal experience, but what it is considerably exaggerated, because there is no hatchery in the United States that will hold sixteen million. MR. SIMS: Those eggs are shipped. We hatched in the Ealama hatchery -- we took about forty million eggs, and our hatch right there in the Kalama hatchery -- that Kalama hatchery at Kalama -- was about forty million. I don’t beliege they took that many last year, but that was their take for quite a number of years. MR. WATSON: How many troughs have they there? MR. SIMS: I don’t know, Mr. Watson, I was at the hatchery a good many years ago. But Mr. Seaborg can tell you that. MR. WATSON: I found that it existed with the government just as well as it does with the state, as far as that is concerned. I found Dr. Henshaw, whom I was under there for seven years -- that he exaggerated about fifty to sixty per cent on his out- put of fish, in his reports; and when a man works right in the hatchery, does the work, where he sees the eggs and counts them and knows what his loss is, he knows. I have read his reports and I have read other reports. I have read one report where they hatched ninety-six per cent, It is impossible to do that. It never was done on earth and never will be done. MR. SIMS: Let’s say, just for argument, that they do exaggerate fifty per cent. MR. WATSOH: Yes, even at fifty per cent.dl9 MR. SIMS: We will just say it was exaggerated fifty percent, it would be at least a six hundred percent increase, even then. MR. WATSON: Yes, he would have a six hundred percent increase at that, that is very true. I believe there ought to be fish enough allowed to enter the rivers to supply the hatcheries, 64. and I don't think at the time they are supplying hatcheries there ought to he any fish allowed to be taken, anyhow until these schools get in. For I will tell you, salmon choose their mates in the sea. If any of their mates are taken -- the mate of either one of those fish are taken after they have been alloted that mate in the sea, that female*s eggs are lost, and if the female is taken and the male goes in, he only causes fight and disturbance amoung the others, because he is going to find a place to deposit his milk somehwere and he will fight off the other weaker males all the time; consequently it causes some confusion. And that is why I say fishing ought to be strictly prohibited at certain periods, so as to let those fish go by, end then you can always get plenty of fish for your hatcheries. After you get plenty of fish for your hatcheries, any man who is familiar with conditions and is familiar with rivers, it is easy enought 4o find out then, you can tell the time that the fish can be allowed to be taken. MR. SIMS: Here is the trouble about that situation, according to the hearing that we had in June, 1921, particularly as to these particular rivers. I canTt just put my finger on it but if you are familiar with the conditions in front of the Skagit and the Stilaguamish —* statements were made by fishermen themselves in this hearing of June 20, 1921, in which they went on to say that the fish laid in front of those rivers as long as thirty to forty days, depending on the conditions of the water and conditions in the river,and sometimes over-night 2120 they would entirely disappear and go up the stream. We have tried to cut off the taking of the fish on the end oi the run, in sufficient time to allow the proportion that v^e think is necessary to get by, both for the natural and the artificial propagation, but we have not yet, in our es^ima tion, iuliy supplied the streams to the extent that the investigation made by the biological survey covered. Apparently the statement made by Balbridge is correct - and I think even Mr. Vail, and what was that other fellowTs name, that dark-haired fellow -- A VOICE: Vosgen. MR. SIMS: Vosgen. We had been asking him abo\it the spawning beds on the Snoqualmie and the Snohomish. He himself went up and told us -- and other fishermen -- of how the fish used to spawn and that those beds at the present time were absolutely void, were not any fish on them at all. I think that was even as late as last summer, wasn’t it, Mr. Vail? MR. VAIL: Two years ago. MR. SIMS: We had a man on those beds in 1921. It was humpback season at that time that we were particularly talking about, and there was some improvement, but nothing as to the improvement that we believe and are told that the stream will yet bear. MR. WATSON: I talked with Mr. Vosgen there and he told me the same thing that he told you. I f&und out that Mr. Vosgen had been looking at the spawning beds that were below these little towns and below the logging operations, which you will never see salmon stop on in any case if they can possibly get up to where there is purer water; it is not the nature of a fish to u0 ^ ^ ♦ they are going to hunt pure water; and another thing, a salmon is just as particular in hunting a location to raise its young where there is food for that fish as any animal would bet or anything else. Ihe reason why they don’t see them on this Ded — you would not see them on it unless the rivers above 22d21 were so crowded with salmon that they would get up there and find that they could not do anything until they would begin to get tired and worn out and they would fall downstream and finally then deposit their eggs on those "beds, hut they don’t make much cf a nest, because they are too near exhausted when they get back. MR. SIMS: Are you acquainted with the Skykomish River from say Sold Bar up? MB. WATSON: No, not very much up in there. MR. SIMS: Well, from about , I would say, Startup — MR. WATSON: Not any further than Gold Bar. MR. SIMS: The balance of that stream I think it must be maybe thirty miles long up the the head waters, it is nothing but a boulder stream, so practically you might say, even if there are a few salmon going up the little creek, even in that section we got no salmon, So that practically all the conditions that you have in mind, and which I believe affect the salmon, are below that, and, of course, then they come in contact with civilization, but that is something we can’t help. MR. WATSON: That is it. The most efficient spawning groung is practically destroyed by the progress of civilization, and my idea is that they will never be brought back again unless it is done by artificial propagation,and I think artificial propagation can be carried on to a greater extent with the same amount of money that has been used than it has been. You take the Federal government, in hatching they went to work and built some troughs, they had troughs thirty feet long, two feet wide and two feet deep. They set hatching trays in there that would hatch fifty thousand eggs in a tray, and some maybe handled a hundred thousand eggs in a tray. They never had any cover; they covered them over with just canvas and shut the sun out. 23d22 The idea of raising fish until they get old enough to take care of themselves is one of the greatest mistakes that ever was talked of in hatching. You take the fish and you can train a fish just like you can tain a horse. A fish is a very sensitive animal. I have had them trained there as pets until you cot Id go out there at any time and stick your finger in the water and they would take hold of it and play with it. You put the fish in there and raise your fish until they are fingerlings, and when you put them out in the water you put them out and watch them day in and day out, and they never will rustle when they get out. The birds pick them up, the fish are devoured and gone. You take them on a spawning bed, it absorbs water to give the fish mourishment and you can see, as soon as it gets strength from the water, it will straighten itself out and break the shell. That is the time they are destroyed in this polluted water. The fish smothers at that time. Nov;, my theory is that they will never be brought back under any conditions unless it is done by artificial propagation, and it can be done on a large scale with a small capital if it is handled in the proper way. They don't need to go to work and build these big fine hatcheries. I will tell you, in 1896up to 1902, the Bozeman, Montana, hatchery cost the government six thousand six hundred some dollars -- I did know exactly what it was -- to operate that hatchery twelve months with five men. The superintendent and the fish culturist and two laborers drew an annual salary for twelve months. That hatchery hatched, grayling and trout together, a little over seven million besides one million whitefish that we never counted on very much we hatched, trout and grayling, that way, over five million fish. That was all the amount of money it took to carry that hatchery. Amid according to Mr. Darwin's report -- is all I 24i22 have got to go by here --it cost twelve or fifteen thousand dollars to operate a hatchery in this state. I canrt see but what the hatchery should be built in a crude way up and down the rivers and built right where the fish can be caught and where the eggs can be got and handled, then these troughs can be taken away and moved away there out of high waters and moved back in spring at the hatching time. If it was taken in hand and carried that way, it would not take but a very few hatcheries to hatch and plant more fish than all of the fish that is ever taken in one year, put together, would amount to. MR. SIMS: I can’t imagine any hatchery that I can think of now that would cost twelve tousand dollars. As a matter of fact, we sent a crew to Alaska last year, and I think we brought back about twenty million humpbacks. We had to build our stations, ship the men up there, make the weirs or whatever was necessary to get them. One was in Prince William Sound and the other one in Southeastern Alaska. As I remember it, our total costs, even for that, were around about twenty thousand dollars. And in figuring out the estimated cost of their hatcheries on Puget Sound that we had selected to run, as I remember it, or that were selected to run by Mr. Seaborg, they seemed to me to run about three to five thousand dollars to the hatchery, depending on the size of the hatchery. I can see where possibly the ICalama Hatchery might run into more money than the above, because that is a very big hatchery and they take a lot of eggs there. I have an idea it is the biggest 7. one. And here is one thing I want to ask you about, because I think your ideas certainly are along my thought. Of course, this is not a new scheme, as I understand it, but it is being followed a little but more now by the culturists of British 25i£4 Columbia, the State of Washington and Oregon, — Oregon not to such a degree, excepting more in the experimental stage. That is the "box system. In other words, now, they are taking --I have forgotten, I believe they 'put five humdred thousand eggs -that number may "be off -- and they build this box and they "bury these eggs in some stream leading into the main stream, and then f protect it so that it has the water, keeping the other fish away from the young. They are finding very good results in that. That, in itself, will do away with the hatcheries. What do you think of that theory? MR. WATSON: Well, I will tell you, it would be all right, probably, under ceratin conditions, but I don't think you would get anything like the percentage that you could get where they were cared for in troughs, because I have tried it in every way, shape and form to try. You have always got to do more of less work; it don't make any difference, if one egg turns white, then that egg looses its weight and fungus will start on it inside of two hours. Then it absorbs water again and its weight comes back to it and it settles down. Then, consequently, if you leave a tray right in a trough and leave it stay there very long with eggs on, you will take out bunches of eggs that big (illustrating) where they have all fungussed together. So I can't see where the system would be very profitable in the long run. I think, with the expense of taking the eggs and putting them in there, with ,the loss that you would have, it would be a whole lot better to put them in where they could be handled. It is a very easy matter to handle a lot of eggs in the trough until they are hatched. After they are hatched, you can't handle very many. MR. SIMS: According to your theory, you don't believe in the rear- 26 \d£5 ing or nursing of these fish, such as a great many people ex- pound; that is not your theory? MR. WATSON: How? MR. SIMS: That is, in the rearing, you know there are two thoughts of the culturiats and those touch the hatchery business. One is certain that the fish should be liberated just as soon as he is able to take care of himself; the other fellow believes --the other set of thought believes that the fish should be put in rearing ponds and fed, even up to six to eight inches in length. MR. WATSON: Yes. MR. SIMS: You know that there are two distinct lines of thought about that business. MR. WATSON: Yes. MR. SIMS: And one is just as sure of his theory as the other fel- low. You are of the first — MR. WATSON: Let me ask you: Don't you really think it seems more logical and would be natural if the fish were hatched and then •ut on these gravel beds where the food is naturally there in the water for them, and put on there at the time they begin to take food? After you feed those a little while in the trough, if you stick your finer in the water there are a thousand of them right around it. If you start those fish that way, with that artificial food, and then turn them out into the rivers, they expect you to feed them, they expect food to come from you, they are not going to rustle. Don't it seem more logical? Don't it seem reasonable that your fish would get out and rustle its own living and stay away from its enemies, as nature has provided it to do, better than if it was fed and its life 2726 was entirely changed from what it naturally would be? Doesn’t it seem logical? MR. SIMS: I used to be a fisherman and that used to be my idea, but after reading the reports a nd experiments and results, for instance of the Oregon fellows, some of the United States experiments and others, to be frank about it at the present time I donTt know which is the best way. CAPTAIN RAMWELL: Oregon adopts that policy there to raise them and they say it is the right policy. MR. WATSON: You figure the expense and cost of raising those and you can'1 raise them; I donTt care, you can't raise them; you canrt take a humdred thousand eggs and hatch over -- well, you can't hatch over seventy-five or eighty per cent of them from the time the eggs are taken, to save your life, under any conditions, I don't care what they are, We were considered to have one of the best hatcheries in the United States. We would take those fish and put them in the ponds, where they were not crowded, and we had an abundance of fine water, and we gave them proper food, and there would never be a day that we would not take out anywhere from one to a dozen dead fish. What shot Id cause that I think no one could tell. Feeding artificial food, naturally it is not their nature, they don't get the food they get when they are out, they don't get the blood and bone that they get from natural insects in the water, and you could not take a humdred thousand of those fish and raise them until they were one year old and save more than ten or fifteen thousand of them. MR. SIMS: Getting back to why these gentlemen are here today, it is to open up these streams and get more fish. If we whould be impressed with the argument set forth here today, there would 28i27 be just one thing, in my judgment, left for us to do, if our policy was to be changed in that respect: The thing we would automatically do would be to do the same with every other stream in the state that is in the same condition; otherwise, we would then be giving a preference to these particular fishermen as against the other fishermen of the state. MR. WATSON: Yes. MR. SIMS: That would be the natural outcome of any change in this, wouldn’t it, in your judgment? MR. WATSON: Yes. MR. SIMS: That is the way I look at it. Now, Mr. Watson, as you know, Mr. Seaborg is a very nice fellow, he is very much interested in his work, and I know that ne would be glad to have you talk to him. This hatching business is his business. Our authority only goes to when they can fish and where they can fish and how long they can fish. CAPTAIN RAMWELL: Mr. Watson made a statement some time ago that the members of the Fisheries Board were interested in traps. MR. WATSON: Ihave always been informed that way, Captain Ramwell. CAPTAIN RAMWELL: Yes, as I say, you made thelpositiye statement, though, didn*t you? MR. WATSON: I made it as it was made to me. MR. SIMS: That has not come out here today. MR. WATSON: No. CAPTAIN RAMWELL: No, but it came out in the press that the Fisheries Board MR. WATSON: The Fisheries Board, the magority of the Fisheries Board was interested in the traps and had been trap men right along. CAPTAIN RAMWELL: For your information, there is not anybody con- 29nected with the Board that owns a trap. MR. WATSON: There is not? CAPTAIN RAMWELL: No. I own a cannery, or it owns me, I don't know which, and it has not run for several years, and I am the only member of the Board that has anything to do with the fisheries business. MR. SIMS: You don't own any fishing equipment, do you? CAPTAIN RAMWELL: No. MR. SIMS: Aa a matter of fact, Mr. Watson, there are none of us that are interested in any kind of fishing equipment whatever. I used to be a fisherman. I sold out finally in 1917, and I don't own any interest in any canneries or fishing equipment of any kind. MR. WATSON: I would like to ask a question before I get through. Don’t you believe that the traps could he runa-md should have an open season'for the traps the same as there is and has been for the rivers? That would permit more fish to go through to the rivers than there is. Even as I say, if there is an over proportion of the fish entering the rivers this year, that they could be divided and more of them get £y thetraps; they could be operated with a mesh regulated so that these young salmon could pass through witnout being so man# of the young salmon destroyed. MR. SIMS: We have done that very thing. If you will just step over here, I will show you. How long have you been on the Sound, Mr. Watson? MR. WATSON: I have been here ten years, but I have not been fishing. MR. SIMS: You have heard, I presume, just as we all have, particular- ly ia this section down around this way, that a great many saall fish were being taken. 30d£9 MR. WATSON: Yes. MR. SIMS: Well, the legislature has passed law after law, at- tempting by some different regulation each time to try and effect that very purpose. MR. WATSON: Yes. MR. SIMS: So I lbelieve it was last year -- when was it we put in that web business, Mr. Strong? MR. STRONG: Last year. MR. SIMS: Last year we went to work in the areas her in which all these small fish might be and increased the mesh in all the equipment, not only in the traps, but the purse-seines, drag seines, or any kind of operation, during the months when these small fish were in the waters; we did that very thing. CAPTAIN RAMWELL: And aleo there is another thing too: For years they had been fishing down there in Possession Sound, Posses-sioii Head and around there, with sqall mesh, catching these trout. We stopped that entirely, ICR. WATSON: I know that. I was with the Everett Packing Company a year when I first came to Everett, and. I noticed that at that time the drift-netters were destroying lots of young fish. CAPTAIN RAMWELL: That is the trout. MR. WITSON: Yes. CAPTAIN RAMWELL: You know that in front of Everett there there ere hundred of them. MR. WATSON: Yes, I know. CAPTAIN RAMWELL: And they caught them by the thousands. MR. WATSON: Yes. CAPTAIN RAMWELL: Thrown away by the ton. SId3G MR. WATSON: Yes. CAPTAIN RAMWELL: All right, We stopped all of that. Where is the other place where they are destroyed? MR. WATSON: My own knowledge aroung the traps, as I say, has been practically hearsay, I will say that, hut I have been informed by so many different ones that the traps, the trap line -- the mesh has been so small that the kill so many of the young fish, and then they go in, cut them out, and let them fall until the beaches have "been literally lined with millions and millions of those young fish each year. A trap man told a friend of mine here that he set a trap and they used to test the trap out, and the first night he got fifteen hundred springs and thirty-three humdred young salmon from ten to twelve inches long. He said in his own experience that it would average at least two young salmon to one adult salmon taken in the trap each year. If they were gilled or killed or anything, they were thrown out and destroyed, while the adults were put on the market. MR. SIMS: I am glad you mentioned that, for this reason, and this you can verify: We examined all the traps and all the other fishing equipment last year, and we found here at Meadow Point -- we were at Meadow Point three different times watching them lift to see the effect, what fish were caught. Fish were escaping up to six pounds in weight. We weighed the fish that were left in. Here is another thing, which can be verified from the report: We all know that up until this larger mesh was installed in 1922, a good many sockeyes were caught inside of the pass. There were no sockeyes caught last year at all. In other words, they all escaped between that large mesh that 32we installed. So that those conditions, if they are true — LIE. WATSON: Where was the sockeye taken last year that was canned? I see by the report that there were some seventy thousand cases canned. MR. SILTS: Oh, they took them in the Gulf of Georgia, the San Juan Islands, Lopez — MR. WATSON: Were they taken by seines and traps? MR. SIMS: Seines, traps and gill nets. CAPTAIN RAMWELL: If we didn't get them, do you know where they would go? MR. WATSON: Yes, I know where they would go. CAPTAIN RAMWELL: Fraser River, they would go right into the Fraser River nets. MR. WATSON: They would probably go into the Fraser River, if they were not protected there. I don*t know how they are protected there. Of course, I was informed that they had a very strong, stringent law there and that they were protected over there sometime ago, for a good many years, and then they finally turned them loose and told them to catch what they could, as long as they were going to catch them on this side, that they were going to catch them there as long as they lasted.r4? STATEMENT OF E. HOGAN. MR. S IlvTS: What is your name, please? MR. HOGAN: E. Hogan. MR. SIMS: Will you just tell the Board what you are here for, Mr. Hogan? MR. HOGAN: I am here representing the fishermen in the Snohomish River. The idea of the fishermen is to conserve the fish more so than the traps is, because the trap is built out there and they get the first chance at it, and the way it appears that what they canTt catch they don't want nobody else to have. Now, the small fisherman, he has got two or three or four humdred dollars tied up in a fishing outfit, and this ruling that is passed by your Honorable Board has put them all out of business. There is one humdred and ten fishermen o n the river, and they catch in the neighborhood of, according to your report here and our own buyer's report, between forty-seven and forty-nine thousand a year. One year went to forty-four thousand. And you will admit that your traps catch that much in one day. MR. SIMS: Which traps are you tilting about, what traps in Puget Sound, those located in front of this river or where? MR. HOGAN: In various places. Any trap pretty near will catch more than that in a week -- than the fishermen catch in a whole year. One humdred and ten fishermen make a living on that. MR. SIMS: You think that a trap will catch more than one humdred and ten fishermen do? MR. HOGAN: Yes, one trap will catch more than one humdred and ten fishermen. MR. SIMS: For the whole season? MR. HOGAN: For the whole season. 54| [ c. MR. SIMS: And you think will catch more in one day. MR. HOGAN: More in one day, yes. MR. SIMS: Mr. Hogan, without wanting to challenge your notion, it will be interesting if you will just go and get some of the information as to what traps catch. MR. HOGAN: I see. Well, I have got -- MR. SIMS: I would he tickled to death to have a trap that would catch, in a season, all of the fish that one humdred and ten fishermen catch -- not in one day, but in a whole season. MR. HOGAN: I am taking the Snohomish River, something that I know something about. MR. SIMS: I know, but you are making the statement that there are one humdred and ten fishermen. MR. HOGAN: Yes , one hundred and ten. ICR. SIMS: That catch so many fish. MR. HOGAN: Yes. MR. SIMS: And do you know or have you heard of traps that are catching in one day as many as they catch in a whole season? MR. HOGAN: Yes, I have. MR. SIMS: All right. Do you believe that the fish, up to the time that we made this regulation, were decreasing or — MR. HOGAN: I have been born and raised on the Snohomish River and I have studied the fish and I have raised fish every year. I have raised them this year. MR. SIMS: What do you say about the decrease in the river, in for- mer years? LIR. HOGAN: Well, I tell you, I know the large decrease. I have seen them so thick that you could catch them by taking a hook and putting on a weight and dragging it across the river, anytime, and the same way with sturgeon. But the idea is this, that this Honorable Board created a rulin, without any notice, I be- 55lieve, or at least I didn't get any, and all our money is invested in locations. We were allowed by law to survey locations, and put cut of business without any notice, to my knowledge, wha t ever. MR. SIMS: You had no notice of any meeting? MR. HOGAN: Well, we had meetings, but at the same timenyou had your gear and your location, it is .just like to kill everything, you canrt sell it, and what are you going to do? MR. SIMS: So you say there was never any notice to you or the other fishermen that -- MR. HOGAN: We got a notice to stop. MR. SIMS: You never knew it was going to be stopeed? MR. HOGAN: We heard it was going to be stopped, but what are you going to do with your location, who is going to take it? MR. SIMS: Please don’t worry about the locations for a minute. MR. HOGAN: Yes. MR. SIMS: We are now talking about this business, that the fisher- men were put out of business, withou any notice, arbitrarily, over night. MR. HOGAN: Well, practically speaking, it is just the truth -- we were put out of business. MR. SIMS: My dear friend, in June, 1921, after a published notice in all the papers, and with representatives from both your district and the Stilaguamish and the Skagit and every other part of that section, we held a hearing to find out what we could do in those particular localities, and the fishermen were there, and the evidence of their hearing is in this book. CAPTAIN Rj.I.iWELL: Whiting was there. MR. POGAN: Charlie Whiting? CAPTAIN RAMWELL: Yes. MR. HOGAN: That doesn’t make any difference. What are we going toLS5 do with our locations that we bought, cost three to four hundred to four thousand dollars? MR. SIMS: Now, just tell the Board what it is you want us to do. LIR. HOGAN: Well, what we want -- what fishermen want to do -- I know what I want to do, but what the fishermen want to do is to ^iye everybody a right to fish a certain amount, a certain time in the year, and let- the fish go. If you want to saye the fish, donTt stop the one that got five per cent, stop the one.that gets the humdred per cent. MR. SIMS: Are the -fishermen being stopped from fishing now? MR. HOGAN: All of them in the river has feeen stopped, to a cer- tain extent. LIR. SIMS: Can they go outside of any channel, outside of the mouths of all these rivers, and fish? MR. HOGAN: Yes. MR. SIMS: From Cape Flattery to Tacoma. MR. HOGAN: Yes. MR. SII;!S: And from -- MR. HOGAN: But at least you are limited -- MR. SIMS: I am asking whether the fishermen can fish or whether they can’t fish. They may not be ahle to fish just exactly where they would like to fish. LIR. HOGAN: No. LIR. SIMS: But are they stopped from fishing in Puget Sound today? MR. HOGAN: Practically, yes. LIR. SIMS: They are? LIR. HOGAN: Yes. Lf.. SIMS: Where do all these fish come from that are being caught and canned and sold? LIR. KOGAN: Traps and seines. LIR. SIMS: No gill nets? 37MR. HOGaN: They are an odd one. MR. SIMS: How many gill nets would you say were being operated on Puget Sound in 1922? MR. HOGAN: I don't know. I know there was only two in around the mouth of Snohomish River, that I saw. MR. SIMS: Do you know anything about the Gulf of Georgia? MR. HOGAN: I have seen it, yes. MR. SIMS: I know, but anything about the fishing? MR. HOGAN: I have seen them fish out there, yes. I operated one over there on the Fraser River. MR. SIMS: I am talking about the Sulf of Georgia, in American waters. You say there is an odd -- MR. HOGAN: Our own condition around here at Everett, is what I am talking about; what I know of. MR. SIMS: What you want, then, you want the Snohomish River opened? MR. HOGAN: Well, I want an equal right as Anerican citizen, born and raised American citizen; I want an equal right to fish according to your means. MR. SIMS: You have that. MR. HOGAN: Yes, we have, we have a privilege to have four or five hundred dollars tied up in location, and ruling put us out. We protested against it, and the Skagit fishermen protested against it, and we are only fishing six hours a day, and there is no man living can fish any more than six hours, unless there is a freshet in the river; and the trap fishes twenty-four hours a day seven days in the week. And mostly a fisherman goes out and he can’t stand to drift more than six hours and work it, he can’t stand it. MR. SIMS: Do they fish seven days a week?37 MR. HOGAN: They donTt always. We have thirty-six hours closed season for part of the time. MR. SIMS: Do they fish tv.enty-four hours a day? MR. HOC AN: No sir, there is no fisherman fishes in the rivers twenty-four hours a day. MR. SIMS: You say a trapman fishes twenty-four hours a day seven days a week. MR. HOGAN: He has a trap out there. MR. SIMS: It is out there. MR. HOGAN: Yes, and I have been on them and they raised them at various times and they always had fish. MR. SIMS: And the fish kept going in for the twenty-four hours? MR. HOGAN: How is that? MR. SIMS: I say the trap still fishes all the twenty-four hours? MR. HOGAN: Well, the trap is open for business. MR. SIMS: Why is it that your gill nets only fish for the six hours? MR. HOGAN: Because the fish sees the net. Mr. Ramv/ell, I believe, said that our nets destroyed the immature fish and we were destroying the dog salmon and humpbacks, and I will say for the -- MR. SIMS: That is not the point. CAPTAIN RAMWEE1: Hold on a minute. MR. SIMS: You say the gill net fishes only six hours and the reason that they have a short time to fish is because the fish sees the net. MR. HOGAN: If you donft have your net out, there is no chance to fish. CAPTAIN RAMWELL: When did I make this statement you are talking about? R. SIMS: Wait until I get this point. Don!t you think the fish sees the net on a trap and a purse seine that is out in the other 29waters just the same as he sees it in the river? MR. HOG Ail: No doubt about it at all. It acts as a lead, like a barbed wire fence. They will follow it better in the daytime than they will at night. MR. SIMS: Well, I can see that you know but very little about the purse seine or the trap business or the gill net business in the salt waters of Puget Sound. MR. HOGAN: Well, I don’t. I don’t know an awful lot about gill netting in the salt water, because I have tried a good many times and it took too much capital to operate; but I do know that the trap and the seines bring in the goods. So there is where your fish is being depleated. MR. SIMS: Mr. Hogan, do you think that you have been discriminated aga inst? I/TH. HOGAN: I sure do. MR. SIMS: As against the other rivers of the state? MR. HOGAN: No, not against the other rivers, but the small fisher- man has been discriminated against. MR. SIMS: The small ones. MR. HOGAN: Everybody knows that, the general public and the whole community. MR. SIMS: Will you just step over here just a minute. Nov;, we will take Hoods Canal, because you seem to be pretty well posted on descrimination. Now, that is about forty miles from here to here. MR. HOGAN: Yes sir. MR. SIMS: Now, they can’t operate any kind of gear that they want to operate in that forty miles. MR. HOGAN: Inside of that? MR. SIMS: Well, they can’t operate now, but they could. MR. HOGAN: YeS, I see. MR. SIMS: Has there been any particular discrimination ih these waters against the small fisherman, different from anybody 4028 else? MR. HOGAN: Well, it don’t appear. This map here does not -- MR. SIMS: Nobody can fish in these waters. You see the widtn of them, and it is over forty miles long, some places three or four miles wide, and there is nobody in the State of Washington who can fish in these waters legitimately. MR. HOGAN: I see. Now, I would like to ask you one question: Why wasn't that cut square across there on a line? MR. SIMS: On wh i ch line? MR. HOGAN: Right here. MR. SIMS: There are no streams below the point where the red line is. MR. HOGAN: There are some streams there. MR. SIMS: Are they salmon streams? MR. HOGAN: I don't know; all freshwater streams. MR. SIMS: We have made and examination isr, of this district. These lines were not arrived at by $ust drawing with a pencil or guessing at them. The men examined the streams in Hoods Canal up above that point at Seabeck, where that line is drawn, and then likewise in here in this upper Sound area, and in here, MR. HOGAN: Isn't there a trap right there? MR. SIMS: There is one trap down in here somewhere. If you were to follow where they fish to a conclusion, you might as well follow them and put the line across Cape Flattery. You have got to allow a certain amount of fishing. MR. HOGAN: What would be wrong with giving fish free access for, say, two weeks, in a good part of the run, let nobody fish? If you want fish to go up there, let them go. MR. SIMS: How are you gong to let them go? MR. HOGAN: Stop the traps, stop the seiners, let everybody stop. 41MR. SIMS: Do you know, as a matter of fact, that in 1921 the fishermen themselves claim, and that all of them that know their business --mand I want you to get 4hat -- MR. HOGAN: Yes, I go tit. MR. SIMS: (Continuing) -- will tell you that more than fifty per cent of the run of humpback salmon wenty by or were allowed freedom; and do you still know further that in the fall of 1921 the fall salmon season had closed October 25th and the fishermen themselves claim that the biggest part of the fall run hadn't been stopped; and that not only the traps hut the purse-seines and the gill-nets and every other kind of fishing had stopped? ICR. HOGAN: Yes, hut now -- MR. SIMS: Do you know that is a fact? MR. HOGAN: Yes. Do you know it is a fact that you take six and a half inch mesh and yougo out on the river down aroung by Everett where most of the fishing is done, and you go out and try to catch a humpback in our restricted mesh and you will go hungry for a fish? And thousands have to go, hut they go through. The average catch on Snohomish River is about thirty-five hundred fish for the shole hunch of them, of humpbacks. And the dog salmon comes after the season is closed, so there ain’t over three or four thousand of them taken in the whole river. MR. SIMS: The impression you are trying to give the Board and the other visitors today is that there are certain people who can fish and fish until all the fish are gone. I tell you that the fishing equipment on the whole of Puget Sound, during the ■seasons of 1921 and 1922, the only two years that this Board had any authority to make regulations -- that fishing was stopped so that of the humpback run fifty per cent escaped, and of the fall run the fishermen themselves claim that fifty per c 42of the fall fish escaped. What more do you want us to do, stop it entirely? MR. HOGAN: I have been kind of taking in this situation and taking in your hatcheries and some of the equipment that is used out in the Bay, and I went out to three different "boats seining out in the Bay. Now, their mesh isn't large enough to let any six- pound fish through. MR. SIMS: What time was this? MR. HOGAN: It was during the first start of the dog run. MR. SIMS: Of course, it is not so a six-potind fish can go through, because that is an under-size fish. If you are acquainted with the business, you should know the small salmon disappear from Puget Sound not later than July 20th, and you -- MR. HOGAN: Wait a minute, I want to tell you what I saw. MR. SIMS: All right, go ahead. MR. HOGAN: They caught dogs and silvers, and there was in the neigh- borhood of about two humdred and .fifty small salmon in there. MR. SIMS: What do you call small salmon? MR. HOGAN: They, were about that long. (Indicating) MR. SIMS: What do you call "about", what length is that? MR. HOGAN: About sixteen or seventeen inches, what would be from ten inches up. MR. SIMS: Did you report it to the county attorney that somebody was catching fish under size? MR. HOGAN: They had them in the net. Here is the idea. When they pulled them out they had somewhere about five humdred and ten or fifteen fish -- MR. SIMS: That is all right about where they had them. MR. HOGAN: I was trying to tell you what happened. MR. SIMS: Did you report to the county attorney that you saw fisher- 4242 men catching fish under size? Answer that question. MR. HOGAN: Well, now, I didn’t. MR. SIMS: All right. LIR. HOGAN: I will tell you why I didn't. MR. SIMS: All right. MR. HOGAN: Now, when they took them up, drawed in their purse strings and took them up, they were a little too heavy to brail into the main boat you see, so they brought them up as close as they could and pretty near brought them out of the water; they hoisted up the rigging and held them just as hard as they could. I asked why didn’t they pull it up the rest of the way. He said "Liable to bust the bottom out." These little fellows were laying in there with them. MR. SIMS: What time was that? MR. HOGAN: I can’t just place the time. LIR. SIMS: Was it in the fall? MR. HOGAN: Yes, in the fall, on the first start of the dog run. MR. SIMS: Last year? MR. HOGAN: Yes, last year. MR. SIMS: What kind of gear? LIR. HOGAN: Purse seine. MR. SIMS: Purse seine. LIR. HOGAN: And these little ones came in with them, they were in the bunch, and when they raised this gear up the other fish was all floundering in there, and before they got them into the boat, so that they could raise the rest of them up, they throwed those little ones overboard. He says, r’We can't keep them, they are dead.” MR. SIMS: You know what the law is on destroying fish? MR. HOGAN: Yes, but how are you going to foelp it? Only with a feigg^r 44mesh, let the little follows through. When they came up they didn’t want them, they 3aid "We can't take them, it is against the law", but they are hilled in there just the same. Now, then, that is the idea. You had no grounds to report to the prosecut- ing attorney, or to the fish office, where we should report to, because — MR. SIMS: Why not? MR. HOGAN: -- the prosecuting attorney could not get them there. I am figuring he couldn't 3age them fish when that tremendous load was on top of them; the little ones was always mached to death; and that is just the way with the little fishermen. MR. SIMS: Have you anything more you wish to say? MR. HOGAN: Well, I think I have said enough. I have come right to the point. MR. SIMS: I just want to ask you one question now and then I will close it. If we were to accede to the demands as to the Stilaguamish and the Snohomish River and the Skagit River, if tha't were to be the policy, in the event we were to accede to those demands, then we should open up all of the other streams in which we had like restrictions, shouldn't we? MR. HOGAN: I should say you should be fair to everybody. I would not consider it fair to open our river and let these others go, I wouldn't for a minute, and I feel just the same way in regards to the other fishing. I believe in justice. MR. SIMS: Well, you believe that there is a decrease in the 3almon at the present time over last year, MR. HOGAN: I certainly do, when they put traps like they do just in the mouth of the Skagit River, right up close to the mouth — three or four of them right in there and they catch them right within six or seven miles of the mouth of the river, and a fellow 45can't even fish in the river. MR. SIMS: Well, I'm glad you brought that up, because you have opened up a new line of thought, which hind of knocks your argument in the ribs a little. Now, the La Conner Chamber of Commerce, in a resolution, and so forth and so on, asks that the State Fisheries Bibard -- or the Governor have the State Fisheries Board look into the question on the river, and set forth their demands as to what they want, to fish in the river and to shorten up these areas. Now. we are going to suppose th that the men who made this request are interested in the welfare of the state, and also in view of the fact that there must be sufficient fish or at least more than sufficient going into the river to spawn and to perpetuate. Then, if that is a fact, what harm are traps doing that are outside, that you are talking about now, if there are more fish going in? MR. HOGAN: What harm? Well, anybody knows that the trap has got the first whack at it, and he doesn't have to pay half as much as the fishermen does to operate. MR. SIMS: The point is this, that the La Conner fishermen say to the State Fisheries Board TtWe want you to open up the Skagit River, we want to open the area outside of the Skagit River for the purpose of taking fish." They have two things in mind -- they eith% have in mind the entire destruction of the fish and willing to lend themselves to the destruction, or that there is sufficient or more fish going up that river than are necessary to seed the river. So, if that is a fact, the fellow that is fishing in the waters that you are complaining about certainly cannot be doing harm with the areas as they are. MR. HOGAN: The fishermen sure aren't doing any harm when they are only fishing six hours a day. They can't fish any more than that* 46d45 And another thing, the men that have been fishing on the river have got all their money tied up in little locations that isn’t able to work just for the simple reason that traps can’t catch them fish and they want them to go to seed so they will have fish for the next year for themselves again. I believe the season should be regulated when there is a big run of fish to come in, let them 6o to spawn. If you want fish to spawn, let them go unrestricted for a certain time and leave the people with the small gear that has been operating for twenty-five or thirty years undisturbed on those location. It only takes four hours to run the gauntlet on the district on the Snohomish River, and they shortened it down and they agreed to everything. MR. SIMS: Mr. Roy Larson or another fisherman by the name of Nelson, from the Skagit River, on the hearing June 20, 1921, made this statement, that the fish lay in front of the mouths of these rivers as long as thirty or forty days, and the reason the fish didn't go up the stream was that the fishermen could go into those places in front of these rivers and by the time the waters were right in the rivers for the fish to go up, there was no fish there to go up. MR. HOGAN: How would a fisherman live on the river if the fish wasn’t going up? MR. SIMS: Do you remember who it was? MR. NELSON: It was Mr. Larson. I just wanted to make it plain at this hearing that it was not Nelson made that statement. MR. SIMS: I am not making the definite statement. I am making the statement that there was a fisherman -- MR. NELSON: Yes, that is all right, but I just didn’t want to take the blame for the statement. MR. SIMS: No, I had remembered that you were ther, but I didn’t know who it was. 47CAPTAIN RAMWELL: Mr. Hogan, I would like to ask you this question: How would you know the time to shut dovai sc as to let the fish go up the Snohomish River? L'!R. HOGAN: Should have a regular time to close, not over two weeks. CAPTAIN RAMWELL: You knov; there are two weeks go by many a time during the season that you never caught any fish, practically no fish. How would you know the right time to close off all the fishing? You say you want to close it off outside as well ®s in the river. MR. HOGAN: Sure. CAPTAIN RAMWELL: How would you know the right time? IrR. HOGAN: Well, now, there is a very easy way to figure that out. You fellows have figured out all other scientific propositions right down to a fine point. I think you can figure that, too. CAPTAIN RAMWELL: How do you know when the fish are going to go up the Snohomish River? You don’t know, because many is the time that you never get any fish, then all at once you get a school of fish, don't you? MR. HOGAN: Yes, sure. CAPTAIN RAMWELL: How would we know when that school of fish was coming? You didn't know it. It wgs just when the water got right, that the fish wnet in, didn’t they? MR. HOGAN: Yes, hut it is a steady flow of fish. C/PTAIN RAMf'ELL: I know it is steady all right enough, hut there is no living person who knows when that time is coming. MR. HOGAN: Yes, I know. CAPTAIN RAMWELL: The only thing you can do is to let them come up the channel} MR. HOGAN: Well, that is what I say. We can’t even buy a fish or nothing unless we buy it from a trap, I don’t like to go into 4847 this MR. SIMS: Is anybody else fishing on Putret Sound with any other kind of gear than traps? MR. HOGAN: There is, but you can't buy from them. You have got to go to a wholesale house first before you buy them. The price of fish went up. I bought fish from the Everett Fish Company and resold them again, and when they landed on the dock they were seventeen cents -- the fish company -- and we bought them at sixty cents for dogs. That is the idea. And when the fisherman fishes and he catches the fish, he is tired and ain't got any time to sell them or anything else. Lots of times I have bought fish from Mr. Ramwell. If their boat wouldn't come out to pick up the fish, they would sell them for anything rather than let them spoil. And that is a great thing to an community, to get cheap food. You always are hollering to get cheap food. Everything has gone out of sight, and the only darn thing they have got left now is fish and lots of potatoes; you can't buy a fish for anything reasonable, nothing less than fifty cents or a dollar, and here they are sixteen, seventeen, twenty cents on the Bay side if you go get them, or you hat1 to row out in the boats ans buy them, and then if you went out there and buy them, then you are go in to work and cheat the Government out of the tax, because those fellows that are running those seine boats, you all know what they are, you have got to go through, buck the line. So I bought mine through the Everett Fish Company. MR. SIMS: Mr. Bjorklund, did you want to say something? MR. BJOREXUND: He has been talking about a closed season and the time they were in the river. Say that is the last time of the season, 49if it would be the middles of October, then there would be plenty of fish go up and it would be decent and it would he all right. Now they are taking -- what time is the opening up now? MR. SI S; The first of May. MR. 3JORK1UND: The first of May? MR. SIMS: Yes. MR. BJORKLUND: Now, here there would be now September, be the mid- dle of September the fish begin to run, it will be a month's fishing in the river, and the middle of October will be plenty of fifeh. We fished until November before. Now that is shortened up a month. There would be a big difference. There would be plenty of time and then it will leave free, you know. 50149 172. STATEMENT OF MR. E. P. ANDERSON. (La Conner.) MR. SIMS: Mr. Anderson, state what you have to say. MR. ANDERSON: I was appointed by the Commercial Club of La Conner to take this matter up with the State authorities, sometime last January. I am not a fisherman, have no interest in any fishing concern whatever. I am simply a merchant, just appointed by the Commercial Club on their committee. I went to Olympia with Mr. Vail, sometime in the latter part of January, and we were going to look up the representatives from our county in the legislature and have a talk with them. Went in and registered in the hotel and went down the street, and I was passing a barber shop and I noticed a few parties inside, and I said "Wait a minute, Charlie”, and I looked back and the Governor's son was in there, and he came out and I spoke to him. He asked us if Dad knew I was in town. I said "No, I just came in." He said, "You had better call him up." I said ”1 might see him tomorrow.” So that when I got back to the hotel I did call him up and he asked me to come out to see him the next day. I went out the next morn- ing and went up and had a talk with him for an hour or two, and I was talking about this fish proposition. He said ”See Sims.” I said, ”1 intend to see Sims, that is one thing I came down here for, to see Sims and the members of the Legis- lature from our county." And while I was talking with him on Sunday he gave me a letter of introduction to Mr. Sims, and when we finished our visit he said he had nothing to do --that was Sunday morning -- before noon sometime, he said the would walk down the street and maybe we would find him; and we started down the street and net Mr. Sims in company with 51some other gentlemen, I think there were four in the party altogether, and he introduced me to you. MR. SIMS: Yes, on the corner. MR. ANDERSON: That is the time. And I made a date with you for that evening, if you remember. HR. SIMS: I don't remember of that, but I remember of meeting you on the corner with the Governor that day. MR. ANDERSON: Yes, and then we went down and had a conference with you on Sunday evening -- Mr. Vail and myself -- and brought up the matter of this fishing and wanted to know if some change could not be made in the regulation, and as we finished orr conference you made a statement to the effect that your mind was made up on this proposition. MR. SIMS: Nov;, .just one minute, Mr. Anderson. MR. ANDERSON: Yes. MR. SIMS: So that there won't be confusion. Just put in the re- cord the demands you made at that time, will you, so that it will be all clear? In other words, you asked for something, didn't you*? MR. ANDERSON: I asked, for one thing, whether there could be some change in the regulations as to the fishing within three miles of the mouth of the river. MR. SIMS: You wanted the rivers opened up, if you remember. MR. ANDERSON: That, is possible, I don't just remember. MR. SIMS: I just want to get in here what you said. I was still of the same opinion, that there should not be any changes that you wnated. In other words, you came to make request that fishermen be allowed to fish in the Skagit. MR. ANDERSON: We were taling about Skagit fishing. MR. SILTS: Skagit, and that the areas be changed in front of the 5251 rivers. MR. ANDERSON: Yes, in front of the river. MR. SIMS: And I told you, as far as I was personally concerned, that I was of the same opinion at that time as when the order was made, of its necessity,and I had nothing in mind of making any change; that is what I told you, practically, didn't I? MR. ANDERSON: You spo^e like this, that it would not change your mind if a thousand fellows came up. MR. SIMS: I think that is possibly correct. MR. ANDERSON: That i s wha t you said. MR. SIMS: I am willing to make if two thousand, how. MR. iNDERSON: Well, that is all right, sure, that is fair enough. Then we felt that we could not do anything with the Fisheries Board on that proposition. I went back the next day, Monday morning I went hack to see the Governor and talked it over with him, and before going up there I talked with Bishop. He is the Chairman of the Fisheries Committee. MR. SIM S : In the s ena t e . MR. ANDERSON: In the senate. We talked with him that same evening we talked with you. MR. SIMS: Sunday night. UR. ANDERSON: Sunday night, at the Olympia Hotel. And Bishop said that if we had any kick coming, wanted to get anything through the legislature, to bring the matter up Ifiefore his committee and he would give us a decent hearing. Well, that was fair enough. I told him we were not ready to bring anything before the legislature yet, I didn't know whether we would have to or not. The next morning we went back and had a talk with the Governor and told him what we were confronted with,and I argued with pro and con on the proposition, and he said 5352 "Well, I know you would not come up here to me with a proposition like thjs unless you were sincere." He says, "Of course, you know enough to know that," and he says, "If your claim is right and you can substantiate it," he says, "I will give you and opportunity to have them change their ruling." He said, "If it is for the best interest of the people of the state, that is the point, but," hes says,"you might be over-anxious and be mistaken.'' I said, "I might make a mistake. He who makes no mistakes makes nothing. He who makes too many mistakes loses his job." Then we all went back to the Commercial Club, with the reporter, and this set of resolutions was prepared. MR. SIMS: What date was that? MR. ANDERSON: That was February 1st, the adoption of the resolution. MR. SIMS: The first one. There are two sets, aren’t there? MR. ANDERSON: No, I think there is one set, all at the same time; all the same -- February 1st. MR. SIMS: Yes. MR. ANDERSON: It was some time in January when we talked with you, about two weeks prior to that. I didn’t draw up the resolutions myself, but I was there when they were adopted and I gigned the proposition, for I believed it was the right thing to do. I like to see fairness done in all departments. I think the fishermen ought to have a right -- MR. ^LADE: Pardon me for butting in just a minute, on the question on fairness. In your opinion, was it exactly fair to pass the type of resolution that you did pass regarding the meSabers of the Fisheries Board before you had seen them? MR. ANDSRPON: Well, I think in the resolution you will find that it refers to the Chairman, we were talking with the Chairman. MR. BLAKE: No reference made to the Chairman at all. 54MR. ANDERSON: I think so. M . BLAKE: Not as I recall them. MR. ANDERSON: Yes. I have a copy in my pocket here, and I think Mr. Sims has a copy of them. FR. SIMS: Let me see that, Mr. Dunlap, please? CAPTAIN RAMVEIL: I think they charge the whole Fisheries Board just the same there. MR. AND'vRSON: No, I think not. It was not the intention. MR. BLAKE: Well, that is the difficulty of it. C TAIN RAMVasLL: It is what you said, I know that. MR. BLf.IIE: There may be a reference in there to the Chaimman, I would not be positive as to that, hut in the succeeding resolutions the Fisheries Board is held up to or put before the public in rather a serious licht, and that was before you had had any conference with the Fisheries Board other than the Chairman. MR. ANDERSON: This resolution was not adopted before we had a conference with the Chairman of your Board. MR. BLAKE: Very true, but there was reference there to the other members of the Board -- MR. ANDERSON: Well — MR. BLAZE: (Continuing) -- with whom you had no conference. I am not raising any question as to it, I am siaply asking — you spoke about a spirit of fairness — I merely wanted to know if it was your idea that those resolutions were fair to the other members of the Board, MR. SIMS: Here is what you say; "That in such petition the Governor be urged to change the personnel of the Fisheries Board so that it will be comprised of open-minded men willing t consider facts with reference to the true protection and propagation of the food fishes of the state and act in accordance with those facts." 55CAPTAIN RAMWELL: I think you signed these resolutions without read- ing them, didn't you? MR. ANDERSON: No, they were read all right. I didn't read them my- self. They were read at the meeting. I didn’t read them out myself. CAPTAIN RAMWELL: A good deal like Watson -- you figured we were in the fish trap business MR. ANDERSON: We didn’t talk to the other members of the Board, but the Chairman, at all. MR. SIMS: You rembmber when you were talking to me, that you were not talking to me directly in my official capacity, you were talking to me as a member a$d as an individual. MR. ANDERSON: We came to you as Chairman of the Fishing Board. MR. SIMS: That may be true, that you were coming to me as Chairman, but there are three members and we hold our meetings just as we are holding one today,and I expressed myself not as the State Fish eries Board, I was expressing myself as an individual of the Board, hut not for the Board, which I think you will remember. MR. ANDERSON: Well, possibly; possibly it was so; I would not say one way or the other; I would not be arbitrary on that point. MR. SIMS: I haven’t any apologies to make for any statement I made, but I think the next time I will see no mistake occurs, that when somebody wants to bring before the Board officially a matter, we will have a meeting of the Board , just as we have today. MR. ANDERSON: It is possible there was an error there in that case. I would not say. MR. BLAhE: (Reading.) "We are vitally interested in fish conservation as the permanent existence of our business is substantially dependent upon it. Prohibiting the gill-netter but allowing traps and purse-seines impress our communities with the manifest unfairness of your Fisheries Board which is made up entirely of trppmen or those who have accumulated wealth from the trapping or fish canning industries.” 56t MR. ANDERSON: That is possible. MR. BLADE: Now, it is possible, but is it quite proper for you— CAPTAIN RAMWELL: Is it true? MR. BLAKE: Have you any information that in any way, shap or man- ner I was ever directly or indirectly interested in the fishing business? MR. ANDERSON: No, I never had any information, but I always under- stood Mr. Ramwell and Mr. Sims were interested in the fishing business. MR. BLAZE: But this says the entire Board. MR. ANDERSON: Well, I didn't draw the resolution. MR. BLAKE: Will, I am merely raising the wuestion as to -- MR. ANDERSON: I never had met you and I didn't know what your business was, as far as that is concerned, but the other two I had always heard they were interested in the fishing business more or less. MR. SIMS: Mr. Anderson, coming to that meeting in Olympia -- MR. ANDERSON: Yes. MR. SIMS: You got Mr. Sisson to have a meeting of the Fisheries Committee of the House? MR. ANDERSON: No, never did, never consulted Sisson on that meeting proposition. MR. SIMS: I don't mean the general meeting itself, hut didn't you ask him, or didn't you ask it, Mr. Vail? MR. ANDERSON: No. Sisson said the House committee came to him and wanted him to appear before the committee. MR. SIMS: Mr. Blake, I wish you would put in the record the occur- rence -- the conversation that we had with Mr. Sisson, and the request that he made, and the outcome of the conversation pertaining to the very thing these gentlemen are here for today. 57.56 MR. BLAKE: We were asked to go to Olympia to attend a hearing. MR. SIMS: Who were you asked by? MR. BLAKE: What? MR. SIMS: You were asked by Mr. Sisson, weren't you? MR. BLAKE: We were to have a meeting with Mr. Sisson, and Captain Ramwell and myself went to Olympia on the 8th of Febru- ary. After some little delay, Mr. Sisson was located, and we conferred for an hour of two in one of the rooms up there, but we didn't seem to get anywhere. Mr. Sisson didn t seem to be fully clear as to what was to be brought out. He did tell us as you have stated, that in your conference with the Covernor the Governor said that if you could substantiate the claim of injustice and discrimination that you had made there, that he would see that the regulations wece modified. MR. ANDERSON: Yes sir. MR. BLAKE: However, we talked the matter over for some little time, and Mr. Sisson expressed himself as not being sufficiently familiar with the actual situation to reach any conclusion,and asked us if we would attend another hearing or another conference, to which we agreed, and the conference was set for Tuesday of the following week* This was about Friday, as I recall it. MR. SIMS: Tuesday following Lincoln's birthday. Lincoln's birth- day was on Monday. MR. BLAKE: It was Thursday or Friday. So Mr. Sisson then expressed himself, as I recall it,as to getting to Olympia the parties —■ and I think you would probably have been one of them -- who were familiar with the situation, so that we could discuss it intelligently. Captain Ramwell and myself agreed to return on Tuesday, to be there for the hearing that Mr. Sisson wanted on Tuesday evening. Monday was Lincoln’s birthday and most of the 5857 legislators were here to attend that Lincoln Day uanquet. In the afternoon Mr, Sisson called me up and wanted to know if it would be unsatisfactory if we called the meeting for Tuesday evening off. I told him not in the least, that I had promised to go to Olympia, but it would have been expressly to attend that conference, and that if they were not prepared to go on with the conference, it was quite satisfactory to call it off. And asked him why. He said "Because the pople who want to meet you there are not prepared with the dope.” I told him all right, I would make it my ‘business to acquaint Captain Ramwell of the fact that they desired the meeting postponed, for which he thanked me, and I then extended to him an invitation to arrange for a meeting subsequently. As I recall it now, it was to be after the adjournment of the Legislature, so that the people would be more free, but, at all events, it was to be subsequent to that Tuesday, and told him that any time he could get his people together and they were prepared 4. 39 with the data that they desired to have with them to let the Board know a few days in advance and we would endeavor to get together, because we are not here, as you know, all the time. MR. ANDERSON: Sure. MR. BLAKE: That is the last I heard of it. That is all I know about it. The next I knew about the affair was when the Governor desired a caonference, and I was at my home or my farm. I came back here expressly to participate in the conference that the Governor asked, at which time they presented us with this file of matter. Whereupon I wrote, at his suggestion, to Mr. Kearns, I think, the Secretary of your club, and this meeting is the result of it. So far as I am personally concerned, I know nothing of the 59be situation, I know nothing of the wishes, desires or objections of the people of La Connefc, except as I have related to you; and I did not know, until I went to Olympia to attend the conference that Mr. Sisson desired, that you people had bee there in conference with the Governor, except that in the newspapers I was highly delighted to read your resolutions. MR. ANDERSON: Your obituary. MR. BLAhE: And I have heard nothing since that. MR. SIMS: That covers the meeting business, I thing. MR. ANDERSON: That is all of that case, yes. MR. SIMS: Now, do you want to say anything further than what the resolution and petition called for? MR. ANDERSON: Oh, I don't know particularly. -I am not a fisherman and I don't know the game, only through observation, but as near as I can figure, the main shortage in the salmon of Puget Sound is in the sockeye variety. .1 have talked with a number of gill- met ter s and trapmen and they seem to be of the opinion that the salmon is practically us plentiful as ever, except the sockeye variety. That is what I get just in talking with them. I have no figures on it. MR. BLAKE: Would the pack of Puget Sound, as shown in the trade journals, have any effect on that belief? MR. ANDERSON: That might have, yes. I may be mistaken on that, "but that is what I get in conference with these different men I have talked to, from the people who own traps. MR. SIMS: How long have you lived at La Conner? MR. ANDER°ON: For the last 40 years. 'R. ''IMS: In 1906 I bought the entire catch, that is, Captain Willey and I in partnership -- the entire catch of the Skagit River, north and south fork of the Stilaguamish,and the Snohomish Rivers. I think you know, from your own observation of the number of 6Cr fishermen there today and the number of fish that are caught, that there certainly is a depletion of the fish. Mr. Larson, in his statement of June 2Gth, 1921, kind of got "between two points, that is, "between thirty and forty per cent decyease, but whether that is correct or not I don’t know. I.IR. ANDERSON: There nay be a decrease, for all I know. MR. SIMS: That there are not the fish that there were in years be- fore. MR. ANDERSON: In 1919 there was somethin like eight million fish caught in Puget Sound waters. In IHO there was about two million and a half, or something like that. MR. SIMS: That is just the point exactly. MR. '\NDERSON: You can't tell from one year to another, because they vary. MR. SIMS: The trouble is you are trying to correspond a year with another year that don't follow at all. MR. ANDERSON: That may be. MR. SIMS:1919 was a humpback year. If you want to correspond that year you want to take 1917, 1119, 1921, and 1922. MR. ANDERSON: Sure. MR. 6IMS: The odd years are humpback year. Now, in 1920 will com- pare with 1916, 1924, 1912, 1908. As far as our fish are concerned, the humpbacks are on the odd years. So it is not a fair comparison. MR. ANDERSON: But my statement is this, that with talking with the trapmen arid the gfcll-netters who are operating on the inside of the pass, I have heard them make the statement that there is no apparent shortage in the fish during the last, say, ten or fifteen years; that the run might come along next year and be just the same as it was in 1912 or 1913 or I909 or something of that kind. Now, whether that is correct or not I don’t know,oe 61d6O cause I never -- UR. SIMS: The record will not hear out that statement. There are records on that point, so there is no use in our arguing about that. The records will show that his -- MR. ANDERSON: That has nothing to do with the ease, I am sure. The main issue at stake is, it seems to me -- from an outsider --that the gill-netters should have the same privilege to fish as the yurse-seiner or the trapraan or any other kind of gear. MR. SIMS: Don’t you think he hs that? MR. ANDERSON: Well, no. He may have it, in a way, yes, hut he can't operate successfully outside with his gill-net. MR. SIMS: You are sure of that, are you? MR. ANDERSON: He may up in the Marrietta country, up in that dis- trict, or in somenplace. MR. .SIMS: During my period of fishing, they used t confine themselves -- the gill-nets -- to Boundary Bay and the lower part of the Gulf of Georgia. The Gulf used to he full of them. Ag the fish became scarcer, they came futher south, and you will find gill-netters now drifting from Iceberg Point down as far as off Discovery Island, off Victoria. CAPTAIN RAMY/EEL: Yes, and getting lots of fish. MR. SIMS: And, as a matter of fact, they are more successful -- I am now talking as to the class of equipment in relation one to another -- even more successful than they were up in the Gulf, and the gill-netters even are operating off Caoe Flattery, and they are fishing with gill-nets in every part of Puget Sound, in the salt waters, wherever there is fish to catch. MR. ANDERSON:: Where there is room for them. MR. SIMS: Wherever it happens to he, where the fish will gill. There are places, now, that they will nlbt gill at all. Of course, 62there are places you may r o out with a purse-seine and never get a salmon. They are in certain places and in those places any kind of gear that can be put in the water will catch fish; some more efficiently than others, of course. HR. ANDERSON: I have one fisherman in mind, who told me that he fished in Scandanavian waters and the big lakes of our country -the Great Lakes; he operated a trap for another man for a year or two; he fished on a purse-seine boat, and he trolled outside of Neah Bay, and he trolled in Alaska; the last fishing he did was with a gill-net. He had worke d in all the different departments of the game. And he said the same thing confronted the people of the Scandanavian country as confronts this country right now, and this state and Alaska, and he told me that the way they regulated it back there was to eliminate the traps, t don't know whether that is the correct nethod or not, or whether it would be possible to do that, and 2 would not want to ask you to do anything of that kind on my sayso, or anything like that. IfR. BLAKE: Speaking of traps just a moment; How many traps are there operating, if you know, on Puget Sound, that are operating on the fish that would go into the Skagit River? LIR. ANDERSON: Weill; possibly just now West Beach and inside of Deception Pass and if there is any down around Whidby Island I don't know. MR. BLAKE: Well, considerable stress has been laid on the fact that the take of the gill-netters is five per cent of the take of Puget Sound. Would you figure that the traps located north of a point where the fish enter the waters right off the rivers would have any effect upon the fish in those rivers? *.TR. ANDERSON: Well, I don't know as to that. -fR. BLAKE: Well, it would be reasonable to suppose, would it not, 62>2 that it would not effect them? MR. ANDERSON: The traps on the north, you mean north, Fidalgo Island or what? MR. BLAZE: Fish do not go back. When they start traveling north they continue traveling north, so that the only traps that would effect the Skagit River fish would be the traps to the south of Deception Pass. Is that no logical? MR. ANDERSON: Well, that is what I said in my statement, that I presumed they were the ones that would effect the catch, West Beach or Whidby Island -- MR. BLAKE: Then the take of the gill-netters is greater than five per cent of the take of the traps that effect those fish. The traps north of Fida|go Island certainly cannot effect the Skagit River fish. MR. ANDERSON: But that five per cent is not only the Skagit River, that five per cent includes the Snohomish and Skagit, the Marrietta district, Bellingham, all of Puget Sound, all the gill-netters on Puget Sound take five per cent of the fish, while the other gears take ninety-five per cent, approximately. That is according to your fish commission's report. CAPTAIN RAMWELL: Yes, and when you are talking about ninety-five per cent, you are talking about the sockeyes that don't go in the rivers. MR. ANDERSON: Sure . CAPTAIN RAMWELL: But you figure just what go in the river and you will find that you get the big majority of them. MR. SIMS: I am going to read you just a few excerpts from our friend Larson, on June 20th, 1921. The impression that is thrown out here amongst some of the gentlemen who are not acquainted with the trap situation is that all traps are successful. MR. ANDERSON: I know better than that. 646S MR. SIMS: So I asked Larson: "How long have you fished in the Skagit River? A. About eighteen years, I fished every since I was fifteen years old. I fished for twenty-seven years. I had traps out there and lost them, went broke." Now, what he was referring to was the flat. I just want to read you one other little portion here. I had asked Mr. Larson about the number of gill-netters that were in the river, and he stated the number; As to how many there were in the organization, and he said aboat 125.- And I asked him, I said "They all have licenses? A. Yes, but they are not all fishing nowa Dome are gone away, some were starved out and went down on the Columbia River* They were starved out and we are getting starved out every day.” Now, I know that to be and actual statement of fact. We have other statments from other sections in which the same remark has been made as this. I MR. HOGAN: How does it come they all starve out up in that part of the country? MR. SIMS: You will have to ask Mr. Larson. I am just quoting his statment. MR. HOGAN: And there is one thing I wanted to say, that we talking to Mr. Cobb: His idea of propa0ating the fish now is just to propagate humpbacks and dog salmon, and the river fishermen practically don’t take any of them, and I don’t see v;hy opening the river -- CAPTAIN RAMWELL: When you are talking about ninety-five per cent of the fish, though, you figure in the humpbacks and the dogs, that you donf£ take, and the sockeyes too. MR. HOGAN: Yes. CAPTAIN RAMVJELL: That is how you get your ninety-five xoer cent, too. 6564 MR. HOGAN: And the point we were trying to get at is the com- munity, the people. The idea is this; Your nets are shoved away out in the bay, away out to Victoria or out -- I don't know, any place, and you can’t get them in to the people. The fishermen that fish in the river, the people can huy this cheap food. There is thousands of people right around the city that has got to vuy them third and fourth handed, and everybody makes a profit on it. The idea is to have fishing where the people ct n get them. Any time you have got to go to work and pay from seventy-five cents to a dollar for a dog salmon, you are paying too much, and all these sales that are run on these fish markets, that is put up, take silver salmon fifty cents and the smallest "dogs” are picked out of the whole hunch and sold at fifty cents. That is the idea. I have been in this fishing game and know, and I have been in all there towns and visited these markets. And you take and charge fifty cents for small -- MR. SIMS: That is already in he record. MR. HOGAN: I know. MR. SIMS: Mr. Anderson, will you please look at this map. I don't think you looked at this. MR. ANDERSON: I think I looked at it in your office at Olympia. MR. SIMS: Just let me ask you this question: If we were to allow the demands that have been put forth here today and other times to open the particular rivers you mention, shouldn't we, in all fairness, do likewise as to the other streams? MR. ANDERSON: I think they should all be treated alike, yes. MR. SINS: All right, now. In making these areas and closing these rivers as you see them marked here do you consider that any dis- crimination over the other streams of the state has been made, any preference given them as against the river you represent? 66dG5 MR. ANDERSON: I don't see any preference given, no. CAPTAIN RAMWELL: Yet you said this Board was unfair and were not open-minded. You made that statement in your resolution. MR. ANDERSON: Well, that might have been made there, yes, but I believe they are unfair in this way -- in the closing of one kind of gear that it is very hard to operate outside in deep wa ters. CAPTAIN RAMWELL: Oh, no. MR. ANDERSON: In some places it is, in stormy weather, with the boats they have. They are operating in an open boat and they only drift from the mouth of the river down -- maybe a little further up than the mouth of the river -- and I believe that they should be treated with the same fairness that every other gear is. My idea is to make and open season, for your purse-seines, your traps and your gill-nets and all fishing gears, of four or five or six days out of a week, and have one, two or three days closed for all gears, and then you will be treating them all alike, and I believe the fish would come up and replenish the supply. 'MR. SIMS: It is all right for you to have your own ideas. But if you will look around and study the situation and see how you can adjust nature and fit all conditions to meet nature -- MR. ANDERSON: Pretty hard. MR. SIMS: (Continuing) -- you will be doing things that a lot of people have done a lot of studying on. And you understand the regulations closing the rivers and these areas, all kinds of fishing has been prohibited, there has been no particular special gear picked out and descriminated against as to another. MR. ANDERSON: Why don't you close the traps and purse-seiners and gill-nets for one entire season, or half a season, or some- 6766 thing of that kind, end experiment? MR. SIMS: Please answer the question, Mr. Anderson; taking into consideration the chart as you see it, the areas, and, as you know, the areas are closed, isn't it a fact that the regulations apply to every kind and character of gear in closing, in restricting them? MR. ANDERSON: And you close, now, there at the mouth of the Skagi t. MR. SIMS: I am talking about inside of closed areas. MR. ANDERSON: Yes. MR. SIMS: Not the Skagit or any place. I mean they can’t fish inside of that area. MR. ANDERSON: There is one fishes mighty close to the area. I doubt that it does inside the area. I don't know that it is on the outside or inside. MR. SIMS: If it is in the area, you can stop it. You can submit it to the county attorney. fR. ANDERSON: I don’t know that that is inside. MR. SIMS: If it is inside, that is up to you folks, and all you have to do is to control it. MR. ANDERSON: But for practical purposes it might just as well be inside. All the traps inside of the $>ass and all those on the outside, Whidby Island, and West Beach, have the same relation as the gill-netters to the Skagit River, in my estimation MR. SIMS: You understand that wherever we have a closed area, that all kinds of gear is prohibited from fishing -- you understand that, in the same place? MR. ANDERSON: Yes, presumed. FR. SUS: We don't allow one kind of gear to fish as against anothe r king. MR. ANDERSON: I presume that is the idea of the regulation, yes. 6667 '7 STATEMENT OF C. C. NELSON. >9 . (Mount Vernon) MR. SIMS: Mr. Nelson, what have you to say to the Board today? MR. NELSON: I was sent up here by the fishermen and people of Mount Vernon. We had a petition out and sent through Mount Vernon. I haven’t heard anything of it, so I 6uess you haven't anything of it either. It was signed by our people up at Mount Vernon, asking the Board to try to change it some way so it would allow an amount of fishing on the river like we used to have. MR. SIMS: You presented it to Sisson, did you? MR. NELSON: Yes, we sent it to him. MR. SIMS: Did he ever present that to us? MR. BLAKE: What? MR. SIMS: He never has presented it to us, has he? MR. BLAKE: I don't remember it. MR. NELSON: That is, it was signed by the most prom'nent people of the town there. They all felt that — CAPTAIN RAMWELL: He had that petition in his picket in Olympia. I guess he has got it yet. MR. SlfS: Mr. Sisson came to me a good many times during the session, discussing the questions th t we are discussion her to- day, and he wanted to have a meeting of the Fisheries Committees, joint committee of the Senate and the House, on this question, and, as a matter of fact, we had arranged and did arr-nge for a meeting on some particular night -- I can’t remember the date now — and Hr. Sisson came to me and told me that he felt that hh was expected to attend at that meeting and got Id not or would not be there, and had the meeting called off. Now, as a matter 69L66 of fact, Hr. Sisson was a member of the Fisheries Committee in the House, and, so far as I know, attended every meeting of the Fisheries Committee, and could have had any other meeting that he wanted, and could have had anybody appear before that committee that wanted to appear. We never have refused anybody a hearing in Olympia or before the Fisheries Committee, at least as long as I have been a meinber of it, and I don't know why he didn't have the meeting that possibly you expected him to have. MR. NELSON: The citizens, we left it for him to take it up witl the proper people, and maturally that would be your or your Board here. MR. SIMS: The chances are that is the meeting that he arragged with Mr. Blake. MR. NELSON: Consequently, when we haven’t heard anything frcm it at all, we thought it was ©ither put in the waste basket or forgotten or something. HR1 SIMS: We never had it, and the chances are that what he had in mind, Mr. Nelson, was the very meeting that he was arrang- ing with Mr. Blake about that time. MR. ANDERSON: That is where we got the wires crossed with our proposition, too, isn't it? MR. SBAS: He discussed that, too. MR. ANDERSON: I never knew anything of the meeting he had arranged with you, on February 12th or 15th. MR. BLAKE: The day after Lincoln'5 birthday. MR. ANDERSON: We were in Seattle on the l£th. I met Sisson and he said something about a meeting, and I said I didn’t know snything about a meeting. I never arragged any meeting. ... SIMS: Possibly that is the meeting he had in mind. 70 *69 MR. ANDERSON: That is probably it. MR. SILIS: I was under the impression, and I euess Mr. Blake and Captain Ramwell were, that the whole general proposition, that you had discussed it -- and Mr. Vail, and that he had discussed this other, and so I was under the impression that what he was going to discuss was the general river situation. MR. ANDERSON: That is where the wires crossed. MR. NELSON: Mr. Knutson had that petition in his desk in Olympia, in the Legislature. The petition there was with something like five humdred names on it. MR. VAIL: I would like to say how that came about, I came down here to Seattle, on my way to Olympia, and met Mr. Anderson here in Seattle on the 10th or 11th of February. We were on the way to Olumpia, but in the meantime it came out that the Governor -- we were going to see the Governor on the proposition -- it came out in the papers that the Governor was away, so I telephoned up to Mr. Anderson that the Governor was not home and I didn't know when he would he home. Mr. Anderson came doian, anyhow, that Sunday afternoon, and we told Mr. Sisson that we knew nothing about this meeting, we were not ready for any meeting. And so he said "Well, I will get hold of Mr. Blake and call it off." And later th t evening I saw Mr. Sisson and he said he had arranged to call the meeting off. And that petition was sent to Mr. Knutson and Mr. Knutson turned it over to Mr. Sisson. MR. SIMS: Mr. Knutson was a member of the Legislature. Of course, that was all right. We never had a copy of either of the petitions. The only one we had was the one that was published in the paper. MR. VAIL: And the reason why I supposed Mr. Sisson didNbt present 71d 70 that resolution or petition, T . Anderson and I had told IT*. Sisson that we were not ready'. MR. 1JELSON: Anyhow, the petition was endorsed hy the Mou$t Vernon Commercial Club and also by --MR. SIMS: What did they ask for in the petition? MR. NELSON: I don’t know as I can say absolutely the wording, but that we would get a right to fish under a restriction something like that the other gears are fishing on. Something like that. That would be the meaning of it, anyhow. That is, on the outside. The feeling in the district around Mount Vernon or Skagit County is -- Now, I don't want to say that you folks are doing anything wrong, you are doing what you think is right and probably is right -- but the X^eople - up there feel that it is injustice somewhere. Tnat feeling is that they used to could go to the river and get their fish at wholesale prices, while they have got to go to the market, and you know as well as I do what the dirrerence is in the price of food when delivered to the people through a market. And another thing that people think is this, that you ‘ have stopped no other gears absolutely from fishing as you have gill-nets. I have heard arguing back and forward here that the gill-nets can go out and fish outside. Now, I don't deny that they can, but you know as a practical fisherman --you made a statement one time as a gill-netter, that you gill-netted -- you know, as a practical man that when you get outside a certain area of the mouth of the river, that it is very limited -- the gill-net fishing that can be done profitably. MR. SIMS: Mr. Nelson, the profitable fishing and the only gill- hetting I have done in front of any river was in the Fraser 72River. As a matter of fact -- MR. NELSON: Just outside. MR. SIMS: The only fishing and the sain bulk of the business, as you anow, is exactly in front of the Fraser River, right on the flats. ICR. NELSON: Yes. MR. SIMS: Even extending down as far as Point Roberts. MR. NELSON: As far down as you get fresh water. MR. SIMS: And extending north as far as Howe Sound. MR. NELSON: Yes. MR. SIMS: In 1917 I ran though a fleet of them off Nanaimo. MR. FELSON: I know you know all about it. You know that it is on account of the water you get out of the Fraser, that makes it possible. CAPTAIN RAlFf ELL: Yes, and when you get away over at Nanaimo and Howe Sound, you don’t get the Fraser River current. MR. NELSON: And when you get outside in the salt water in the Sound, it is almost impossible, you can take some certain fish that is feeding, like we usod to get feeding springs, that springs were feeding in the salt water and they were feeding on the little fish and getting caught in the nets in hunting and and pursuing the small ones; it was not vecause they could not see the nets, but it was because in the mad scramble for food they just got caught. MR. SIMS: I will tell you, I remember when the first gill-net came down to Aleck Bay. As a matter of fact, there were five of them, .and all us fellows that had been gill-netters kind of laughed up our sleeves, predicted failure, never believing that they could actually successfully gill-net in the open waters of the Sound, in the clear water, where the water was not muddy. But to our surprise, they were just the opposite, they were an entire success; and right today you will find gill72 netters in every bay on Lopex Island and on San Juan Island -~ that is, making their headquarters -- fishing in the salt waters of the straits from Iceberg Point clean down as far as Duiigeness and clean down as far as Victoria. MR. NELSON: For sockeye. yIR. SIMS: For sockeyes, yes. I don't know that all of them fish there for fall fish. I haven't been in the business along the salmon oanks for a good many years; I quit in 1917, and I don't know what they are doing; but I know those gill-netters that are fishing for sockeyes out there really are doing better than the fellows in Boundary Bay, because Mr. Smiley, who you know used to catch nothing but gill-net fish and whose institution used to be in — what is the name of the bay? A VOICE: Birch Bay. MR. SIMS: Birch Bay used to be his headquarters, and these were his fishermen that came down below. Of course, there is another thing that happened, they changed the color of the twine and there h.s been a Jaig improvement in all these different things. The gear itself has changed, and the methods of fishing have changed so much that our old ideas absolutely have to be discarded; because I will admit that I used to be of the same opinion that you are, that when you left the rivers or got away from muddy water, that the gill-net was absolutely useless; but that is not so. MR. VAIL: You stated that the 'five-inch mesh inside of the Pass -- that is where it is allowed that had to be used; of course they use it outside. MR. sIMS: It is used where you see these lines, starts in with Deception Pass and crosses up here at Bush Point, all waters south of that. 7473 MR. VAIL: You stated that would let a six-inch fish go through. MR. SIMS: A six-pound fish. UR. VAIL: A six-pound fish. I can't see how a six-pound fish could go through a five--inch mesh. MR. SIMS: T hat is just the trouble. There are a lot of things that we can’t see, but you can see if youwant to see. Three different times we visited the Meadow Point trap and we vatehed the fish, and if you talk to Mr. Grahmn -- Hugh Grahmn, or his uncle, I can’t remember which it is, he will tell you exactly what sixe fish, because they were there and watched the fish, themselves, and saw them, and I saw them going through the gear myself. You can go and see it yourself, you don’t have to take my word for it at all. MR. VAIL: You stated that it let all the sockeyes or blue-backs go into the Skagit River through this five-inch mesh. I can’t see how they get through it. After that time that they were fishing, they were selling their fish by the pound, they were getting so much a pound for them. They throwed in blue-backs, if they caught any, in among the Tyee salmon and weighed them. 9 When they got the total weight, they divided by SO -- MR. SIMS: I have talked to the fishermen inside of the Pass. I haven't looked the records up, but the records are here and you can see them just as well as I can at the Fish Commissioner’s office or the Fish Supervisor's office; and the statement made to me by Mr. Seaborg it that the catch of sockeyes this last year, which was the year when the five-inch mesh was put into effect, was practically negligible. MR. VAIL: I know it was. MR. ") IMS: And the fishermen told me, themselves, that the sockeyes went right through the mesh as though the mesh wssn't there at 7574 all. I'R. VAIL: My idea is that they caught them, caught those sock- eyes, weighed them up as Tyee salmon and divided by thirty pounds -- MR. SIMS: You know they don't do that, because, in the first place, we will say the fishermen sell to the San Juan Fishing & Packing Company; the San Juan Fishing & Packing Company, in addition to the catcher of the fish, makes a report; neither one knows what the report is, and he reports the person he bought the fish from, the number of fish and the kind of fish. MR. VAIL: They weigh them, they are altogether. MR. SIMS: That may be true, that different kinds may be, but when they get to Mister San Juan or Mister-some-other fish company, those fish are recorded, the kind of fish that they are. A VOICE: What is the standard of mesh for sockeyes? MR. SIMS: 5f . A VOICE: The average sockeye is seven pounds. There is an extra three quarters added onto Ikhat, and I tell you they catch pretty near all of them sockeyes. MR. SIMS: I have fished on the Fraser River. You can't tell me anything about the Fraser River. CAPTAIN RAMWELL: Yes, I have fished on it myself; gill-netted there, too. MR. NELSON: I want to ask the Board to try to do a little for us - for the people there, so that they would have a right to fish in a limited way, in a way that there would not be any hindrance to the salmon in destroyihg them, as there would not be under proper operation, and that would give the people of that com- 76munity cheap food; and also the people is used to enjoy the privilege of fishinL, the same as the other business men is, whether he be a logger or a farmer or a tugboat man or steamboat man or any other thing that his business would not be taken away from him. MR. SIMS: Will you look at this chart, Mr. Nelson? I don't know whether you h- ve ever seen this or not. MR. NELSON: Yes, I know it. MR. SIMS: I just want to ask one question now, or two questions. In your judgment, has there been any discrimination made against any of the rivers inside of the Pass, or the Snohomish River, as compared with the other rivers or areas of Puget Sound? MR. NELSON: Not directly, but indirectly. MR. SDTS: Tell me why indirectly; why you are discriminated against, let's say as to Hoods Canal? MR. NELSON: Well, it is this way, that if you will treat all streams accordingly, where it would be absolutely destroying every fish, fishing the mouth of one stream it would be all right in another, according to the size. If you have a creek that is probably 50 feet across and you allow fishing in that stream, it will catch the fish. Now, if you take the Skagit or Snohomish -- there is the two biggest streams -- why, even with all the gill-netting we do, there is only a limited number of fish but what goes by anyhow. MR. SIMS: What particular stream, now, do you think we have dis- criminated against; which river, now, what stream do we cive any advantage over your river? 777G MR. NELSON: Well, I don’t say that you have given any other stream an advantage, I say the contrary, but I say accord- ing to if we use sense in regard to fishing, we can’t take one stream and consider it alongside of another and you can't take one of these areas on the Sound and consider it with another, because one place on the Sound there is unlimited fish and another place on the Sound there is no fish. MR. SIMS: If you will look at the chart, you will see that the very idea that you are expounding has been carried out. If you will examine the areas in front of the four streams and look at the other areas, you will notice that there are different sized areas covering different sections of the Sound, which meet the conditions or situation that you are trying to take into consideration. Isn't that a fact? MR. NELSON: Well, I will admit -- As*1 said before, I don’t want to maek any charges against the Board or feel that you are discriminating against us. MR. SIMS: We understand that. MR. NELSON: But I just want to bring up that I think that the Board could allow a certain amount of fishing on them two big streams without destroying or in any way interfering with the run of fish. Now, before your orders wnet into effect on the Skagit or the Snohomish River, there was as much fish as there was on the White River and the Puyallup River and any of the other rivers that have been protected for years. Why was there as many fish? Because they were bigger streams and they could not be controlled like they were on them other places. MR. SIMS: That was not the reason. The reason -- and that was 78d 77 15S639 a mistake that was made from the lack of experience -- I will be frank in saying that when we closed the rivers, which practically was done as a whole in 1909, if you will remember v/e thought we had accomplished absolutely perfect perpetuation of the fish, and what developed? Just as Mr. Larson and -I don't know -- maybe you may have said -- but others at the meeting of June 20, 1921, stated that the fish lay in front of the mouths of these rivers and as a matter of fact it was not protection, because the fish laid there, the waters were not right and they world nsjt gos*up and jtb.€$ were caught, so there were none to go up.. .So - the next: thing jid.^&o was to ex- > . , , ’ j » , ) , > > > j J tend that area where' the fish were laying and protect them. You will find that the very streams that you say are not "built up, for instance we can take the White River and the Green River, every place, since these areas have been made in front of the rivers, every one of the streams, the salmon going up those streams have been increased, v/e can't say to what ex- tent. And I just remembered the name of the fellow that wrote from Hoods Canal. You can correspond with him if you wish. His name is Albert Pfundt. He made the statement that he never wanted to see Hoods Canal opened again, although he bitterly opposed it when it was made; that in his opinion it was going to be an absolute success for perpetuation of fish in Puget Sound. And we have had statements from other people along this same line. MR. NELSON: That practically corresponds with what I mea. But here is another thing in regard to the Skagit and the north fork there. Mr. Larson says, and you claim thAt these fish --I don't know if you claim it, but some fisherman -- that some fish lays out there and wait. Now, as a matter of fact, 79l78 at the north fork they don't lay there. At low tide the water is out to the leads of the traps. MR. SII.TS: They go hack out in the Sound, of course. MR. NELSON: Yes, but the trap is right up th the sand. It is an easy matter for the trap to get them, or they stay on dry ground, or what the deuce are they going to do? MR. SIMS: Don't you think the answer to that proposition is the fact that they have already increased? I f your own statement was correct, I would say "Yes, it isn't worth a snap,’’ but the fact is to the contrary, because every stream where there has been an area has increased in the quantity of fish that have gone up the stream since we m de those areas. SR. NELSON: Of course, there can't be any doubt in any man's mind, because there would be an increase. But my idea is this: Why not let them other fellows take a little bit less than they do take, and let us take a little bit? We don't take none now, not a darned thing, as you know. When this order came out, if you had just sent out and order "We stop all fishing from say the first to the tenth of every month from May to November", there would not one fisherman of the gill-netters anyhow, — well, they might kick, but they would have nothing to kick about if they were treated just the same as the rest of them. They would abject to it as the other fellows would, but when the time came to catch the fish they would have the same opportunity. If you would limit these other gears a little bit -- I don't want to tell you how much or how little or anything, but if you would cut them down so that they got ten percent less than they are catching now, say that all the gears outside - you could limit them in a certain way and let us take say five per cent, we 80d79 are still five per cent ahead. MR. SIMS: Mr. Nelsnn , if we were to follow the requests made by you and the other gentlemen who are her$, and in ac- cordance with the petition, and open these areas and streams, we should open the other streams of the state, If we are going to have a defined policy, shouldn't we? MR. NELSON: Absolutely; you don®t follow the same policy on the Columbia as you do up here. FR. SIMS: Now, just one minute. You are mistaken as to the Columbia. Every stream that is tributory or that this Fisheries Board has any power over on the Washington side of the Columbia, is closed to fishing; there is no stream that is tributory to the Columbia River that there is any fishing done in. MR. NELSON: I mean to say that the regulations are not the same, that is, in general, on the Columbia and here, and it is not the same on Grays Harbor and here. CAPTAIN RAMWELL: The Columbia River itself? MR. NELSON: I have seen fishing here and I have seen it on the Yukon, I have seen it around the Alaskan coast, I have fished on the Yukon sixteen hu ndred miles above St, Michaels, below Dawson, between Dawson and Forty Mile. I want to tell you about that. If the fish left the mouth of the river at the same time a steamboat did, if we didn't have fish two days before the steamboat came up we would have them two days after, but that is within, the limit. It used to be said all the time in regard to our taking the fish that the fishwas worn traveling from the salt water, that we had so much chance on it. Well, now, those fish traveled sixteen humdred miles, or whatever it is, it may be fourteen humdred miles, on the 6180 same speed that the steam boat traveled. Now, wouldn't they travel fifteen miles or twenty miles as fast as the -- CAPTAIN RAMWELL: They must have had lots of "ginger" in them when they were born up there, because that condition doesn't work out with the fish on the Columbia River, for instance — the very river that you were speaking about --because the fish that pass into the Columbia at one time will be two months getting up through into Idaho. MR. NELSON: It may fro them, but you must remember that from St. Michaels to Dawson is pretty deep water. CAPTAIN RAMWELL: I am glad you brought up the Grays Harbor question,and these different rivers. I want to tell you something sc that you will know it. We put dozens traps out of business; in those same places where they had traps up in the rivers, we shut them all out to a dead-line below, and have closed those traps up down in Willapa the same way, the Nemah River the same way; lots of traps down there that went out of business. You are saying we didn't do anything but knock out the gill-netter. MR. NELSON: No, I didn't say that. I didn't make that statement. CAPTAIN RAMWELL: We protected every river in the state. MR. NELSON: I didn't make that statement. CAPTAIN RAMWELL: It didn't make any difference whether it was a gill-net or a trap. MR. NELSON: I didn’t make the statement that -- CAPTAIN RAMWELL: I thought somebody did here. MR. dTELSON: I didn't. But, anyhow, it would not make much dif- ference, anything I could say, and only, as I said before, that if is not my sentiments I am telling here, it is the people there in the petition, that you will realize they believe that 82bl they are not fairly treated. I thank you. MR. SIMS: Does anybody else want to say anything that they have overlooked? MR. ANDERSON: Talking about discriminating between rivers, T think there is discrimination between the Skagit River and the Snohomish River, for instance. You say, don't you, that the fish will lay several weeks out by the mouth of the river before going up? MR. SIMS: No, I didn’t say that. I said that in the hearing the evidence -- UR. ANDERSON: You made that statement to me in Olimpia, I think, at the office; I think you made the same statement. MR. SIMS: I made the statement that evidence in hearings that we had -- it is this one here -- was that that was the habit of the fish. MR. ANDERSON: If that is true, there certainly is discrimination between the Skagit River and the Sxichomish River, because the traps are down at the mouth of the Skagit hiver and the Snohomish River ------ that is, the north fork of the Skagit, at low tide^I ean take a pair of boots and walk pretty nearly out to the fish trap; so that when the tide is low the fish are all out there in the trap. With the fish swimming around there for a week or two or thirty days, the fish trap will get them. There is discrimination there. CAPTAIN RAMWELL: What do they do with them? MR. ANDERSON: OOd only knows. CAPTAIN RA1TWELL: They don't sell them. They certainly don't get them. MR. ANDERSON: The fish traps don’t? CAPTAIN RAMWELL: They certainly don't get a lot of them -- those traps out there that you are talking about. We have been out 8562 there repeatedly. MR. ANDERSON: The gill-notter didn't get very many of them in the river, either. MR. SIMS: If that is a fact, do you want us to close those traps up and stop fishing entirely? MR. ANDERSON: No, I don't want you to close any traps. My position is, as a representative of this Commercial Club baching the fishermen -- is to treat them all on a level, all the different gears. I don't believe by closing the river you are going to increase your supply of fish. That is my position and everybody's observation. MR. SIMS: You don’t thin& any more fish go up the rivers because the streams are closed , and the areas in front of them? MR. ANDERSON: I don't think you will get any more fish ultimately hatched and coming down. MR. SIMS: That is your opinion? HR. ANDERSON: Yes, that is my opinion. I.TR. SIMS: In other words, then, there won’t be any fish going up at all. MR. ANDERSON: Yes, you have got to have fish going up. This man tells you, by experience, that when they get up there they kill each other. R. SIMS: Well, you agree on that with Mr. Watson, but the question of when there are too many is -f A VOICE: Who knows? MR. ANDERSON: God only knows. 6463 C. MR. BLAKE: As I wrote to Mr. Kearns, your secretary, the other day, this Board is composed of business men -- alleged business men --MS. ANDERSON: Sure. MR. BLAKE: (Continuing) -- who are serving the state without compensation. Now, you people are all in some business. You know what that means. As I explaines briefly to you in our little conference before the hearing commenced, the state, as a state, has made no provision for the activities of this Board. If the Board desires to act intelligently on these questions, it has got to get information. It is unreasonable to assume that any three men picked at random would be familiar with a subject that scientists have given .years of study to and still accomplished very little. You can read in any of the trade papers or journals that make reference to fishing, that the United States authorities -- and I think that Mr. V/atson will bear me out in that -- are at sea on this proposition. Now, we tried to create a sentiment in this state that the fishing industry of the State of Washington was worth > caring for. That we failed utterly is evident by the attitude of the Legislature, because they made no provision whatever for the fish feature of this state. It is true they did pass the budget that this Board filed, which covers purely the office expenses, no provision in the bud, et for anything else. We anticipated at that time that provision would be made for the activities of the Board so that they couldaccomplisfc. sone-th i ng. Iff. SIMS: Let me interrupt you. Our budget included that pro- pagation fund. MR. BLAKE: How? 8564 MR. SIMS: Our budget, the one we presented or requested, included the fund for proeagation, if you remember, and that was disallowed. MR. BLAKE: We included that originally in our budget and it was cut out. MR. SIMS: Yes, but the impression you have giveia there is that our budget was allowed. It was not allowed. MR. BLAKE: The budget for office expenses. MR. SIMS: Yes, that was allowed. MR. BLAKE: But the budget for propagation and development and rehabilitation of the salmon industry was absolutely cut out. Now you can readily understand this Board individually has got a living to make, the same as you gentlemen hove; we can't go up and down the streams and back and forth in this country, finding out things thatought to be found out. The state makes no provision for it, and I think that I will not be challenged when I make this statement, that no assistance has been rendered this Board by any phase of the industry. All that we have come in contact with is exactly what we have come in contact with today -- objections to our policy, a policy that was founded upon such information as we were able to gather. Now, you gentlemen are simply typical of the shole industry. You are interested in a particular phase of it, yet I don’t think there is anyone here who has made any effort whatever to learn concerning conditions, learn what was necessary to do, who has favored the Board with any information on any subject whatever. Now, I am not criticising you for that, because it seems to be universal. The people of the State of Washington apparently do not want fish. 86Nov;, you people are interested in the game, and it is your business, and you want to fish; and the suggestion I was going to make to you was that you endeavor to arouse a little interest in the State of Washington in the fishing feature of the state. I have gathered considerable information from what Mr. Watson told us today. We have been repeatedly approached not in this manner, but individually, by numerous people who have raised the same point that Mr. Watson raised -- that the streams are over-seeded. To verify that, we sent our parties, sent them up and down the rivers, and the statement that I am going to make, that I don't think you will challenge, is this: That we have been absolutely unable to get any information, * from any source what soever, ‘of any stream in the State of Washington that is over-seeded. Now, Mr. Watson even is not sure about it. He thinks they-have been over-seeded; if his view is correct, there has been destruction of spawn; that is true. Now, you gentlemen who are in the business, wouldn’t it be well for you to tyy to arouse a little sentiment somewhere, or do it yourselves, to find out if that thing actually has happened? How are we to know whether there are more fish' going up the Snohomish River or the Skagit River or any other river than are needed there? We would be glad to know. We were selected, probably, for these activities, because it was supposed we had some common sense and a little reasoning poser. Now if you gentlemen will see to it that we get the information, I think the other members of the Board will bear me out in the view that we will endeavor to do what we can do to prevent and overseeding of any of the rivers of the state; but how, in the face of the lack of knowledge of everybody , we are to tell 87whether the rivers are over-seeded or not, until the cycle comes round, I don't know; I confess my ignorance; and if ignorance on that point unfits me for activity on the Board or membership on the Board, I am perfectly willing to give way to somebody who does know. I think the people interested in the business, the people who make their living by it and presumably profit from it, are the people that should make some sort of an investigation of the actual situation, and not apparently throw it or seemingly throw it onto the three men who constitute this Board, who are giving their time for nothing -- and they are giving a lot of it. That is just the point. You people who are interested in it ought to show some interest by endeavoring to advise the Board intelligently as to the actual conditions. We are groping the same as everybody is groping. The Federal Department of Fisheries is groping in the same manner. They have resources, they have funds at their command. We have no funds. MR. ANDERSON: They have the same difficulties in Alaska. MR. BLAZE: It is true they are trying to do it up there. The Federal Government is back of them, Federal funds are back of them. We have nothing but a desire to do something, and we don't know how to do it, and have nothing to do it with. That is all I wanted to say. Just interest yourselves in it a little bit and help us out. ME. WATSON: On the Atlantic Coast you will find conditions exist- ing just this way, that in certain states they have got their state laws permitting their fishermen to fish where the Federal Gcvernement has strictly forbidden it and asked the states' support, but the states would not do it and have allowed them to fish. Consequently, the United States Government has got so 6667 disgusted with trying to hatch fish by artificial propagation for those fellows to take and destroy at the mouths of the rivers, and when the season is closed, that they have slacked up on their artificial propagation, and almost gave up the salmon industry on that coast. It is true that if the state laws stood according to the Federal Government regulations, the Atlantic Coast today would have more salmon than they have had for the last one hundred and fifty years; that at the time and after the Government first took it up, the state laws were in unison with them, but since that ti$e they have commenced to make laws. I just got the full specification of it here a few days ago. I have it where it shows that at the mouths of a number of those rivers the Government had fairly conserved the salmon where they were practically depleted, but now in the last few years those salmon are becoming exhausted. MR. SIMS: Conditions in this state are pretty satisfactory with the Federal Government. We harmonize on practically every hatchery subject, co-operate in every way possible, and a very friendly feeling exists between the Federal Government and the state, even as to the general laws. Now, Gentlemen, we will send you our decision as soon as we have a little time to think this over and consider it. Whereupon the Chairman declared the meetihg closed.SH222.W2 W36 1923 no.l Fish-Ocean Stacks