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BOSTON  PUBLIC  LIBRARY       /\    I 

Illllilllilli     '^' 

3  9999  06542  020  8 


OFFICE  OF  NATIONAL  RECOVERY  ADMINISTRATION 
DIVISION  OF  REVIEW 


WORK  MATERIALS 
No.  31 

THE  FISHERY  INDUSTRY  AND  Tffi  FISHERY  CODES 


Prepared  by 
JOHN  R.  ARNOLD 


..  •  .-. 


\ 


Industry  Studies  Section 
Januaiy,  1936 


POSEWORD 


This  report  on  "The  Fishery  Industry  and  the  Fishery  Codes" 
was  prepared  "by  Mr.   John  H.  Arnold  of  the  Industry  Studies  Section, 
Ivir.   M.   D.    Vincent   in  charge. 

The   report   is   concerned  primarily  nith  the  IT,    R.   A.   Fishery 
Codes,   hut   the   specialized  character  of   the  Fishery   Industry  has 
made  it  necessary  to  give  considerahle  attention  to   the  industrial 
"background.      The  first  half  of  the   report  deals  mainly  with  this 
"background,   while  the   second  half  is  concerned  primarily  with  the 
codes,    their  administration,    and  effects.      The  Fishery  Industry,    as 
defined  for  I].   E.  A.   purposes,    included  the  wholesale  distrihution 
and  processing  of  fish  and  shell-fish,    as  well  as  fishing  in  the 
strict    sense.     Besides  the  ivlaster  Code  or  National   Code,    there  were 
twelve  approved  supi:)! ementary  codes,   and  two  or  three  independent 
codes  for  certain  suhdi visions.      This  complexity  has  made  it  ex- 
pedient  to   treat   details  concisely,,    and  to   examine  especially  the 
"broader  aspects  of   the   suliject  matter. 

The  Appendix  on  "The  Earnings  of  Fishermen  and  of  Enterprises 
in  the  Fishing  Industr;r"   is  the  first   study  of  the  kind  to  "be  at- 
tempted.     It  has  been  largelj^  drawn  on  in  writing  the   report  on  the 
codes. 

"The  Fishery  Industry  and  the  Fishery  Codes"  presented  herein, 
was  not  carried  to   the  point  originally  contemplated  due  to   curtail- 
ments of  personnel  unforeseen  when  the  work  was  "begun.     Nevertheless, 
mimeographing  of  the  material  which  was  prepared  is  Justified  as  an 
aid  to  further  work  in  the  field. 

At   the  "back  of  this  report  a  "brief   statement  of  the   studies 
undertaken  "by  the  Division  of  Heview  will  "be  found. 


L.    C.  Marshall 
Director,   Division  of  Review. 


Fe'braarj'-  1,   1936. 


9581 


13  Nly  36  g 


IIAJBLE  OF  COKTEHTS 

Chapter  Page 

I     -      SCOPE  OP  THE   STUDY  AIJD  lESCRIPTIOH  OP  THE  IKDUSTRY 

Definition  of  the   Industry 14 

The   Code  Stmcture 14 

Scope'  0  f  the'  Repo rt 14 

Orgaxiization'  of  the  !7hol'e sibling  and  Processing  Indus- 
tries.   14 

Participation  of  Wholesalers  and  Processors  in  the 

Prilnars'-  Pi-oduction 15 

Specialized  SuhiridMstries. 16 

Detai'le'd  Classification  of  the  Suhindustries  and  the 

Codes.  ....<. 16 

Perishability  of  Products  and  the  Trade  Organization 18 

Distri'bution  of  Nonperisha'ble  Products 18 

Retail  Distrihution  of  Fishery  Products • 19 

'  '  ■  Exclusion  of  'Certain  Groups  frora   the  Pisherj'"  Code 

''Industry ..., 19 

The  Factor  of  Interstate  Trade  -  The  East 20 

'  "The  Pacific  Coast  and  Interstate  Trade 21 

Trade  'Organi  zations 21 

Advantage  of  a  Code  Sj^stera  Trith  Respect  to   Trade 

Organization. .  , .  , , 22 

'la'bor  Organization  '-  General .-.■ 22 

lalidr  Organization  in  the  Processing  and  Wholesaling 

Industries 22 

Lahor  Activity  in  the  Fisheries  Proper 23 

II    ■-     THE  PRODUCT  I  Oil 'OF  THE  INDUSTRY 

The 'Gross •■Volume   of  Business , 24 

■  The  Primary  Production  Since  1929 24 

■  'The  "Outstanding  Species , 26 

■  The  Escport '  Trade 27 

The   Competition  of   Imports 27 

The  Per  Capita  Demand  for  Fishery  Products 31 

Decline  in  Consumer  Demand  in  the  Nineteenth  Centurj'' 31 

Unfavora'ble   Comjjetitive  Position  and  Possible  Remedies 32 

The  Natural   Supply  and  the  Prohlera  of-  Conservation 32 

Thfe  Conservation  Pro'blem  and  the  Codes. 33 

III    ■-     THE  PRICES  OF  FISHERY  PRODUCTS 

Prifces   to  Primary  Producers 34 

■  Prices'  to  Wliolesalers  and  processors , 35 

■  The  Pi-ice  Deflation  and  the  Financial  Position  of 

Fishery  Enterprises 36 

Relationship   of  Fish  and  Meat  Prices 36 

The   Stud;;-  of  Mackerel  and  Lieat '  Prices .  . ; . 37 

Bearing  of  the   Comparison  on  the   Control   of  Fishery 

Price s ......•.;...,... 37 

The  'Spread  Between  Prices  to  Producers  and  to   Consiiniers.  . .  .  38 


9581 


«i- 


TaTjle   of  Contents   (Cont'd) 


Chapter 

III     - 
(Cont'd) 

IV  -  r-. 


Eie  Price  Spread  in  an  Illustrative  Case... 
Relative  Al)sence   of  I.Ionopolistic  Practices. 

ES11A3LI.SHMEHT  S.  MD.  MTESPRISES 


Pai£;e 

.  38 
.  39 


.Tlie.  .Vessel,,  3.o.at  .and  .Shore.  Pisheries 41 

The  Humter  of  Pishing  Vessels 41 

.  .The  .Qraiership,  .o.f  .Pishing  .V.G.ss.els................ 41 

The  Life  and  Age   of  Pishing  Vessels 42 

.  The  .ll-umljer  .and  .Ownership,  .o.f,  .Pishing  Boats. 42 

.  .The  -Size  of  Jlishing  .pnte.rp.r.iqes 42 

Wholesaling  and  Processing  Establishments 43 


V  .  .-.  ,  P.ERSOMEL  AKD  VOLUl/IE  OP  ElvIPLOIlIEITT 


....  P.ersonnel  .o.f  .The  Primary  Producing  Industrj^ 46 

Regalar  and  Casual  Pishermen 47 

Characteristics  o.f  ,the  .Personnel  of  the  Pisheries 47 

The  .Size  .of  .Pishing  Crews 47 

....  The  .Productivity  of  Pishing  Lahor ..■...■ 48 

Periods  .of  .ActiYQ  .EiijplQSTnent  .in  ,the  Pisheries. 48 

Infrequency  of  Su.ppleraentary  Employment  or  Earnings 48 

Employment  .in  ,the  .lilholesaling  .Epad  ^Processing  Industries. ...  49 

Seasonality  ,of  .EoplojOTent-,, • 51 

Total  Personnel  of  the  Pishery  Industry. 52 

VI  .  .-r  .  .HOURS  ,  OP  .lAUOR  .  .  •      "  ',       '       '  ■  ."  ' ' 


Hours   in  the  Primary  Producing  Industry............. 54 

Hours  in  the  Processing  and  Wholesaling  Industries 54 

.Average  . Hours  .in  .  the  .Wholesaling  Trades. 55 

.Hours. in.  the  .Canned.  Salmon  Industry 55 

Hours,  in  the. California.  Sardine  Industry'-. 55 

.Hours,  in.  the  .Presh.  Oyster,  Industry,  ,,,.... 56 


VII 


.  EARNINGS .  OP  .  THE  PERSOMEL 


.Modes  of  Compensating  Pishermen 61 

.  The .  Share  System 61 

.  The.  Employee  .  Status  in  the  Pisheries........ 61 

Earnings  of  Pishermen  in  1933 63 

Share  Earnings  in  1929  and  1934. 63 

Changes  in  Earnings  from  Wages 65 

.Pishermen' s. Earnings. and,  the  Price  Cj'-cle ...... -i ■ 65 

.Abuses,  in.  the. Administration  of  Lays.. 66 

The  Pishermen  Emplojred  by  Alaska  Salmon  Canneries. 66 

.The.  Total.  Volxune.  of .  Compensation,  i^l  'the  Pisheries 67 

.PrerCode. Wages. in, the  Wholesaling  and  Processing 

. .  .  Divisions. .,,,,.... 68 

Wage  Volune  of  the  Wliolesaling  and  Processing  Indus- 

.  .  tries.  ,,,,..,,..,,,,,,,....,,..  f ,,  t  ft  ;f !  t !  r  f  r 68 

Grand  Total  Wage  Volume  of  the  Pishery  Industry....... 68 


9581 


.  -ai- 


TaMe  bK  Contents  (Cont'd) 

Chapter   ■  .   Page 

VIII  -  THE  PISHEEY  CODE  STHUCTUSS  iHD  THE  WHITINO  OF  THE  COEES 

Administrative  Control  of  the  .  Codes 72 

The  National  Fishery  Code 72 

Administrative  Bodies  Under  the  National  Code 72 

Defects  of  the  National  Code  Set-Up 73 

What  the  National  Code  Pro2,Tai'i  Should  Have  Been 73 

Development  of  the  Supplenenta.rjr  Codes 74 

Causes'  of  the' Delay  in  V/riting  Sup;;>lementary  Codes 74 

The  Problem  of  Supplementary  Code  Areas 75 

Office  Memorandum  No.  228  and  the  Fishery  Codes 76 

The  Delay  in  Writing  Codes  for  the  Fisheries 76 

A  Practicaljle  System  of  Fishei-y  Codes. 77 

A  Program  for  the  Preparing  and  Yi/holesaling  Trades 78 

I 
IX  -  THE  ADMINISTEA.TION  OF  THE  CODES 

Handicaps  -of  -the  Code  Bodies 79 

■  ■  '  ■  "The  Proolein  of  Code  Finance 79 

Finances- of  ■  the  National  Code  Authority 79 

Collections  and  Expenditures  of  the  Committees 80 

The'  Compliance  Pro'blem  in  General 80 

Code- Enforcement  Regarded  as  a  Government  S.esponsi'bility. . .  80 

Actual  Developments  with  Hespect  to  Conpliance.. 82 

Exceptional-  Cases  of  More  Effective.  Administration 82 

'  '  '  Few  Cases  of  Highhanded  Action  "by  Code  Bodies 83 

The  Code  Bodies  and  the  Collection  of  Statistics...., C4 


X  "  'CODE  -PROVISIONS  EELATIITG  TO  HOURS  OF  LABOR 

No  Restriction  of  Ho-ars  in  the  2'isheries  Proper. 85 

Restriction  of  Hours  in  the  Preparing  and  Wholesaling 

Trades 85 

Restriction  of  Hours  in  the  Canning  Industries 87 

The  Canned  Salmon  Code  and  Hours  of  Lahor 87 

The  Aggregate  Spread  of  EiiiplojTnent  in  the  Fishery 

Industry , 87 

"  Compliance  with  the  Maximum  Hour  Provisions 88 

XI  -  MINIlIUlvi  WAGE- PROVISIONS 

■  Share  Fishermen  and  the  Minimum  Wage  Program 89 

■  The-  Minimum  Wages  and  the  Wage  Fishermen 89 

•  ■  •     Wages,  in  the  Oyster  Fishery 91 

Wage  s  on  the  Great  Lake  s 91 

-  Wages  In   the  Menhaden  Fishery 91 

■  .  Minim-um  Wages  in  the  Preparing  and  Wholesaling  Trades......  92 

■  ■-   - -The  .Wages  of  Oyster  Shuckers  and  Cra'b  Pickers..., 92 

Minimum  Wages  in  the  California  Sardine  Industry. 93 

Minim-UTQ  Wages  in  the  Canned  Salmon  Industry 93 

The  Minimttm  Wages  of  Emploj'-ee  Salmon  Fishermen 93 

Wages  in  the  New  England  Sardine  Industry 94 

Compliance  with  the  Minim-um  Wage  Provisions 94 

Effect  of  the  Minimum  Wage  Provisions 95 


9581 


-^ixi- 


Table  of  Contents   (Cont'd) 
Chapter 
XII     -     THAJDE  PHICTICS  PHOVISIOIS 


Pa^e 


XIV 


General,  pharacteri sties 96 

Classif ipation  oif  Provisions  Affecting  Prices 96 

Prohibition  of  Destructive  Price  Cutting 97 

The  Piling  of  Open  Prices 97 

Prohibition  of  Sales  Below  Individual  Cost... 98 

Effect  of  the  Sales  Below  Cost  Provisions 99 

Minimum  Costs  and  Prices  in  Emergencies 99 

The_  ProhilDition  and  Reg-olation  of  Consignment  Sales 100 

peculiar  Practices  in  Handling  Consignments 100 

Effect  of  Consignment  Selling  on  Prices 101 

Effect  of  the  Provisions  Relating  to  Consignments 101 


XIII  -  TRAjDE  PRACTICE  PROVISIONS:   CONTINUED 


The,  Prohihition  of  Discriminatory  Prices 103 

,The  Regulation  of  Credit  Terms. . 103 

Bases  of  Price  Quotations  and  Settlements 103 

Allowcinces  on  Claims  "by  Customers 104 

The  Diversion  of  Brokerage. 104 

Provisions  for  the  Benefit  of  Primary  Producers 105 

Payment  for  Purchases  from  Fishermen 105 

Provisions  Relating  to  Abuses  in  the  Administration  of 

rs , 106 


Lays 


Provisions  Relating  to  the  Competition  of  Imports 106 

Complaints  and  Proceedings  with  Respect  to  Import  Com- 
petition  107 

Conservation  Provisions  in  the  Fishery  Codes..... 107 

Provisions  Designed  to  Establish  G-rades  or  Stajidards 108 

Minor  Trade  Practice  Provisions , 109 


THE  CONTROL  OP  THE  ATLANTIC  MACKEREL  CATCH 

The  Mackerel  Season  and  the  Ports  of  Landing 110 

The  Eresh,  Freezing  and  Salting  Markets  and  the  Import 

Trade.^.^.'.  ."..'.'.'. ..'.  ..'.'.'..'.'.'.'.....'•..'. .'.'.'.'.'..' ,  .  ...110 

The  Volunie  of  the  Catch 110 

The  Price  of  Mackerel  to  the  Fishermen.,. - Ill 

The  Costs  of  the  Mackerel  Fleet Ill 

■Earnings  .of  the  Mackerel  Fishermen  in  1932. 112 

The  .Genesis  .of  the  Production  Control  Provision..... 112 

.The  .Purposes  and  .Methods  .of  the  Control 112 

The  .Control  .and  the  .Quotas  .in  .1934. 113 

■  The  Application  .for  .an  .Em.ergency  Price  and  the  Control 113 

.The  Results  of  the  Control : ,. 114 

■  The  Control  and  Other  Price-Governing  Factors ......115 

•  Statistical  Evidence  of  Price  Relationships 116 

.Conclusion  with  Regard  to  the  Production  Control.. 116 


9581 


-xv^ 


LIST  Q-J?   TABLES 

Talkie  Page 

I  -  G-ross  Volume  of  Sales  of  the  Fishery  Industry  "by  Main 

Divisions,  1929  and  19G3 24 

II  -  Q,uantity  and  Value  of  the  fishery  Ca-tcii,  ty  Area, 

1908,  1929  and  1933 25 

III  -  Quantity  and  Value  of  the  ITishery  Catch,  "by  12  Im- 

portazit  Species,  1908,  1929  md  1953 28 

IV  -  Exports  of  Fishery  Products,  "by  Kind  of  Product,  1929,. 

1933  and  1934 29 

V  -  General  Imports  of  Fishery  Products,  "by  Kind  of 

Product,'^1929-,-1933  and  1934 .' 30 

VI  -  Per  Capita  Consumption  of  Fish  and  Shellfish  in  Certain 

Countries  in  Recent  Years , 31 

VII  -  Average  Price  per  Pound  of  the  Fisher^f  Catch,  "by  Area, 

1908,  1929  and  1933 34 

VIII  -  Decline  in  Average  Prices  for  the  Catch  of  the  12 

Most  Important  Species,  1929-1933 35 

IX  -  Distri"bution  of  15  Companies  Operating  the  Largest 

Fishing  Fleets,  "by  Value  of  Catch,  1933 43 

X  -  ]SIum"ber  of  Establishments  in  the  Fisherj"-,  Wholesaling 

■  and  Processing  Industries,  1929,  1931  and  1933 44 

XI  -  Distri'bution  of  Fish  Canning  8n.d  Preserving  Esta'blish- 
ments  in  the  United  Sts„tes  Proper  According  to  Their 
Value  of  Prod-uct,-  1929 . 44 

XII  -  Distri'bution  of  the  Principal  Salt  Water  Preparing  and 
Wholesaling  Firms  in  lew  York  City,  According  to 
their  Gross  Sales,  1930  and  .1933 45 

XIII  -  llum"ber  of  Persons  Engaged  in  the  Fisheries  Proper, 

"by  Area,  1908,  1929  and  1933 46 

XIV  -  Estimated  Monthly  Variation  in  the  Uum'ber  of  Persons 

Engaged  in  the  Fisheries  Proper,  1933.. 49 

XV  -  Employment  in  Fish  Canning  and  Preserving  Esta'blish- 

ments  in  the  United  States  Proper,  1899-1933 50 

XVI  -  Nura^ber  of  Persons  Engaged  in  the  Fishery  Processing 

and  Wholesaling  Industries,  "by  Area,  1929,  1931  and 

1933 51 

XVII  -  Monthly  Variation  in  Enplojrment  in  the  Fresh  Oj'-ster 

Industry,  "by  Area,  1933 52 


9581 


-v- 


List   of  Ta"bles    (Cont'd) 

Tat)le  Page 

XVIII  -  Average  Pre-Code  Weekly  Hours  of  Labor  in   the  Pishery 

■■■ 'Preparing 'aiid  Tftiolesaling  Trades,   First  Half  of  1933.....    57 

XIX  -  Pre-Code 'Weekly  Hours  of  Male  Employees  in  Seven 

■'■    Calif (irilia'Sd,Mirie  Plants,    Season 'of  1933-1934 59 

XX  -  Hours  Worked  Per  Week  in  the  Presh  Oyster  Industry, 

■    •  'Dec6ra'b6r,   1933; ■....; 60 

XXI  -  Principal  Types  of  Laj'-s  or  Share  Agreements  in  Use  on 
■ •  Fishing "Vessels  in  1933,  dud  Their -Relative  Im- 

po  r tance 62 

XXII  - 'Average 'Earnings 'Of 'Vessel  Fishermen  for  the  Year  1933, 
Weighted  According  to   the  Total  N^umljer  in  Each 
Fishery,   by  Area 64 

XXIII  -  Estimated  Average  Annual  Earnings  from  Sliares  of 

Fishermen  on  Share  Vessels  for  the  Years  1934  and 
•■  ■    '1929 ,  ■  Compared  with  1935,   by  Area. 65 

XXIV  -  Average  Pre-Code  Weekly  Earnings   in  the  Fishery  Whole- 

sdling'and  Processing' Industries,   First  Half  of-1933 69 

JDCV  -  Distribution  of  Plant  Employees  in  Certain  Fishery 
'  ■  ■  liTliolesaling  and  Processing  Industries,  by  Pre-Code 

Wage  Bates.. 70 

XXVI  - 'Total 'Voltime  of  Wages  and  Salaries  of  the  Fishery 
Processing  and  Wholesaling  Industries,  by  Area, 
1929 ,  1931  and  1933. . 71 

XXVII  -  Advancfe  Estimates  of  the 'First  Year  Income  of  Certain 

Fishery  Code  Bodies,  Assuming  100  Per  Cent  Collection 

of  Assessments 81 

XXVIII  -  Maximum "Hours 'of  the  Fishery  Codes,  with  the  Estimated 

Resulting  Spread  of  Employment 86 

XXIX  -  MiniifiuitiWage'Eatfes  of  the  "Fishery  Codes,  with  the  Es- 
timated Pesiilting  Increase  in  Ann\ial  Wage  Volume 90 

XXX  -^  Effect  Of  the 'Control  of  the  Catch  of  the  Atlantic 

Purse  Seine  Mackerel  Fleet ,  1934 11.5 

XXXI  -*  "Quant itjr,  Value  and  Average  Price  of  Mackerel  Landed  at 
Boston  and  Gloucester,  1913-1934,  in  Relation  to 
Wholesale  Meat  Prices 117 


Chart  I  -  Average  Daily  Hours  Worked  per  Employee  in  Selected 

Salmon  Canneries  in  Alaska,  July  and  A'ugust,  1933 58 

9581  -vi- 


-1- 

THS  ITISHEHY   IMDUSTEY  AIID  lEZ  TISIISRY  CODES 

SLlfllAIlY 

SCOPE  OP  TEE  STUDY  AND  .•pESGRIFTIO'N  0?  TUn   IlDUS'niY 

The  Pishery  Industry  as  defined  for  code  purposes  covered  not  only 
the  fishing  industry  proper,  or  the  fisheries  in  the  ordinary  sense,  hut 
a-lso  the  v;holesaling  trades  a.nd  the  canning  and  reduction  industries. 

The  original  plan  T7as  that  this  Indiistry  should  he  covered  hy  a 
single  naster'  code,  with  supplementary  codes  for  the  subdivisions.  Certa,in 
canning  industries,  however,  petitioned  out  of  its  jurisdiction.   The 
present  study  has  dealt  \7ith  the  Pishery  Incxistry  in  the  sense  in  nhich  it 
".-as  origins^lly  intended  that  the  master  code  should  supply. 

The  enterprises  which  handle  the  wholesale  distrioution  of  fresh 
ano-  frozen  fishery  products  are  quite  distinct  from  the  wholesale  grocery 
trades.   They  also  do  a  considerahle  ve.riet;"  of  simple  processing,  \fhich 
T-as  designated  for  code  purposes  "preparing". 

TTliolesalers  and  processors  own  fishing  cre.ft,  and  gear  on  a  scale 
large  enoiTgh  to  account  for  not  less  thc-n  35  OJ-"  ^0  per  cent  of  the  quantity 
caught. 

That  the  wholesale  distribution  of  fresh  fish  and  shellfish  is  so 
specialised  is ,  explained  primarily  hy  the  e::trenae  perishability  of  the  rav; 
product.   The  cost  of  distribution  mounts  ra,picly  with  the  radius,  ajid  in 
the  interior  of  the  country  this  has  nM.ch  affected  the  development  of  the 
consumer  demand. 

Canned  and  other  nonperishable  processed  fishei^/  products  are  naanly 
sold  b;'  the  processors  to  the  gener8.1  v/holesale  grocery  trade.   Such  oper?.- 
tions  vere  specifically  excluded  from  the  jurisdiction  of  the  fisher^/  codes. 

All  retail  trade  was  also  excluded  fro:.:  the  jurisdiction  of  these 
codes,  though  an  association  representing  the  seafood  dealers  of  greater 
iTe',7  York. petitioned  for  inclusion. 

Arproxinate  figares^  -  the  only  ones  availa^ble  -  indicate  that  not 
less  than  two-thirds  of  all  fishery  products,  and  probably  more,  move  at 
least  once  in  interstate  trade. 

Tre,de  associations  in  the  Pisher;'-  Indu.str"  have  been  numerous,  but 
Eiostlj'  local  and  neither  efficient  nor  infliiential.   Most  of  the  fev.'  na- 
tional associations  had  shown  little  vita,lity.   Pew  subo.i visions  except  the 
Canned  Salmon  and  the  lorth  Atlantic  Oyster  Industries  have  been  well 
organized.  A  large  proportion  of  the  r.ssociations  that  presented  fishery 
codes  were  created  for  the  purpose.  Host  of  these  are  nov/  dormant  if  not 
disbanded.   The  encouragement  of  the  habit  of  trade  organization  SJid  co- 
operative activity  was  an  important  potential  advantage  of  the  code  system 
to  the  Pishery  Industry,  which  as  things  xieiit   was  not  realized. 


S5S1 


~2- 

Tlie  Industry  has  also  had  fe-.7  influentir.l  la-tor  organizaticns,  the 
e:cceptions  "being  mainly  confined  to  the  crzining  industries.   Most  fisher- 
men's organizations  resemble  trade  associr.tions  more  than  labor  unions. 
They  tend  to  represent  the  interests  of  prinary  producers  against  dis- 
tributors rather  than  those  of  workers  crrlnst   oxinevs. 

Tirs  piio::ucgioiT  of  the  industhy  .    •  .  .     - 

In  192s  the  gross  sales  of  the  Industry,  including  primary  production, 
wholesa.le  distribution  and  processing,  uere  probably  not  much  less  than 
$550,000,000.   In  1933  the  corresponding  fi-ure  rras  about  $350,000, 000, and 
ii  ICGA  -^e-j-hrps  $45':' ,  000 ,  OOC . 

The  primary  production  of  the  fisheries  rxiounted  in  I929  to  about 
three  and  a  half  billion  pounds,  valued  p.t   122  million  dollars.   Pron  ths,t 
year  to  1333  "tl^s  quantity  fell  off  about  I9  per  cent,  and  the  value  about 
51  per  cent. 

The  catch  of  edible  fishery  products  is  :.ia,de  up  of  about  I50  species. 
Tnelve  of  these,  ho^jever,  account  for  e.bout  GO  per  cent  of  the  tota,l. 
These  12,  in  order  of  their  importance,  are  sa-lnon,  pilchard  or  California 
sardine,  haddock,  herring,  oysters,  shrimp,  cod,  mackerel,  flounders,  tuna, 
hs,libut  and  crabs.  .  ■ 

The  j'ishery  Industry  is  not  no-v  a  contributor  of  the  first  importance 
to  the  ereport  trade  of  the  United  States.   Iiiportations,  however,  are  so 
distributed  as  to  constitute  serious  comipetition  for  certain  branches  of 
the  Industry.   The  fresh  fish  and  shellfish  come  chiefly  from  Canada,  and 
the  cejined  goods  and  fish  meal  from  Japan.   Prozen  produ^cts  are  received 
from  both  countries. 

The  per  capita  cons^omption  of  fishery  products  in  the  United  States 
is  small  in  comparison  with  that  of  most  other  im.portant  countries,  and  is 
less  no',7  than  it  was  5O  years  ago.   The  chpjige  has  been  due  to  the  increase 
in  the  proportion  of  the  population  T/hich  lives  in  the  interior  of  the 
continent,  and  which  has  lost  the  habit  of  including  fishery  products  in  its 
diet. 

This  situation  affects  the  Industrj^  adversely  with  respect  to  compe- 
tition with  other  protein  foods.   So  f?-r  as  this  disadvantage  can  be  over- 
come, the  end  will  have  to  be  sought  pp.rtly  by  publicity  and  partly  by 
improvements  in  the  methods  of  distribu.tion. 

Conservation  problems  of  importance  have  arisen  in  the  case  of 
fisheries  in  enclosed  or  semi-enclosed  waters,  of  sessile  species  like 
oysters  and  clams,  and  of  those  the  propagation  of  which  is  dependent  on 
annual  migrations  into  rivers  to  spavm.   "ith  respect  to  most  free— swimming 
pelagic  species,  however,  there  seems  a,t  present  to  be  no  conclusive  evi- 
dence of  eneroacliment  on  the  supply. 

THE  PRICES.  OF  JISHERY  PHOSUCTS 

The  average  price  of  fishery  products  to  the  primary  producers  fell 
from  1929  to  1933  by  approximately  35  per  cent;  but  in  the  case  of  seven  of 

95S1 


-3- 

the  12  me.joT.   species  the  decline  exceeded  ^-l-O  per  cent.   It  '.7as  this  fall 
in  the  ujiit. price  that  chiefly  accounted  for  the  shrinkage  in  the  dollar 
■volume.   Little  information  is  availahle  v/ith  regard  to  the  selling 
prices  of  wholesalers  and  processors.   Ovfing  to  factors  of  inelasticity 
in  distrihuting  costs  \7holesalers'  prices  did  not  decline  to  the  sane  ex- 
tent as  those  received  by  fishermen;  "out,  the  deflation  v/as  nevertheless   * 
severe. 

The  effect  of  the  price  deflation  frov.i  1S29  to  1933  on  the  finan- 
cial position  of  the  numerous  enterprises,  mostly  small,  which  are  engag- 
ed in  the  Fishery  Industry  was  little  short  of  ruinous.   It  was  this 
situation  that  supplied  the  first  and  the  strongest  incentive  to  present 
fishery  codes.   The  proponents'  interest,  consequently,  centered  on 
direct  and  (Sa-astic  measures  to  maintain  or  to  control  prices.   The  v/riting 
of  these  codes  was  delayed,  however,  until  the  Adininistration  had  hecome 
less  willing  to  approve  such  provisions.   The  resulting  controversies 
affected  adversely  the  Industry's  attitude  toward  the  code  system. 

It  has  usually  heen  assumed  that  some  relationship  exists  "between 
the.  prices  of  fishery  products  sjid  those  of  neat  or  livestock.   A  prelin- 
*inary  study  of  the  Atlantic  mackerel  ce.tch  leaves  little  doubt  that  the 
latter  the  factor  chiefly  accounting  for  the  price  received  by  the  fisher- 
riein,  next  to  the  quantity  landed.   Other  influences  seem  to  be  secondary. 
A  serious  doubt  therefore  arises  as  to  hov;  far  it  is  possible  to  control 
the  prices  of  fishery  products,  either  directly  or  by  manipulating  the 
quant it3-  of  the  catch  alone. 

The  tie-up  between  the  price  of  fish  and  the  cyclical  movement  in 
meat  prices  i..s,  disadvantageous  to  the  Industry  under  consideration.   Short 
of  a  program  which  v/ould  iron  .out  those  novenents,  hov/ever,  it  is  doubtful 
whether  the  prices  received  by  fishermen  can  be  improved,  unless  the 
rela-tive  preferences  of  the  American  consiiner  can  be  modified. 

r 

There  is  a  wide  spread  between  the  prices-received  by  the  primary'' 
producers  of  fishery  products  and  those  paid  bjr  the  consumer.   It  is  un- 
likely that  this  is  due  to  monopolistic  or  profiteering  tactics. 

As  a  rule,  indeed,  the  largest  distributors  do  not  seem  to  have  been 
in  a  position,  before  the  establishment  of  the  K.R.A.,  to  monopolize  busi- 
ness or  to  injure  their  smaller  competitors  "hj   improper  means.   In  a  few 
insta.nces,  however,  groups  of  large  wholesa^lers  took  advantage  of  their 
position' as  proponents  of  codes  to  offer  provisions  apparently  designed  to 
protect  themselves  from'  the  competition  of  small  enterprises. 

JSTABLISmiEMTS  AMD  EKTEBPEISES 

Du-ring  the  past  25  years  the  number  of  fishing  vessels  of  five  net 
tons  capiacity  and  over  has  greatly  incree.sed  on  the  Pacific  coast  and  on 
the  Grea.t  Lal:es;  but  this  has  only  partly  offset  a  decrease  on  the 
Atla.ncic  and  Gulf  coasts.   A  large  majority/  of  all  fishing  vessels  are 
owned  singly  by  individuals  or  partnerships.   The  number  of  fishing  boats 
of  less  than  five  net  tons  capacity  has. recently  been  in  the  neighborhood 
of  70 J 000,   These  small  craft  account  for  a,bout  57  P^r  cent  of  the 
production. 


Q 


5S1 


■■-•4- 

As  the  foregoing  statements  suggest,  the  enterprises  operating  80 
to  90  per  cent  of  all  fishing  craft  are  very  small.  '  In  the  wholsaling 
and  processing  industries  there  have  recently  "been  2,900  to  3 jOOO' es- 
tablishments, of  which  500  to  600  are  engaged  in  canning  and  preserving, 
and  the  remainder  in  preparing  aiid  wholesaling.   The  nur.i"ber  of  estal)- 
lishmentS' is  nearly  the  same  as  the  number  of  enterprises.   These  con- 
cerns also  run  relatively  small. 

PERSOrijEL'MI)  VOLUIvlH]   OF  avIPL0YI',IE]UT 

The  total  number  of  persons  engaged  in  the  fisheries  proper  has  re- 
cently been  from  115,000  to  1258000,   From  1929  to  193"  tte re  was  a  de- 
cline of  only .  seven  per  cento  Tiie  problem  of  outright  unemployment  was 
consequently '  of  rainor  importance. 

0nly39:per  cent  of  the  personnel  of  the  fisheries  proper  are  em- 
ployees in  any  sense,  and  51  per  cent  are  entrepreneurs  -  mostly  on  a 
very  snail  scale. 

■  The.  personnel  of  the  "orimary  oroducing  industry  is  characterized 
by  a  high  average  age,  a,  low  turnover j'  and  conservative  habits.   During 
the  depression  there  has  been  little  tendency  for  fisherman  to  migrate 
•  to  obtain  additional  or'  substitute  employment.   G!hey  work  in  small 
groups.   Tlie  average  vessel  crew  is  only  seven  or  eight,  and  of  the  per- 
sonnel of  the  boat  fisheries  more  than  half  operate  one-man  craft. 

Hie  gross  output  per  man  of  the  fisheries  proper  puts  a  low  mo,:d- 
mum  limit  on'  the  earnings  of  the  mass  of  the  personnel.  Over  the  past 
25  or  30  years,  hovrever,  a  decrease  of  15  or  17  per  cent  on  the  person- 
nel has  accompanied  an, increase  of  40  or  45  per  cent  in  both  the  quan- 
tity and  the  value  of  the  catch,  Segular  fishermen  are  actively  engaged 
in  fishing  for  only  eight  or  ten  months  of  the  year.  Circumstances, 
however >  prevent  them,  as  a  class,  from  supplementing  their  earnings  to 
any  considerable  extent  by  engaging  in  other  employments. 

In  1931  there  were  about  72,000  persons  employed  in  the  processing 
and  wholesaling  industries,  of  whom  about  8,600  vere   employed  in  canning 
and  preserving,  and  the  remainder  in  the  preparing  and  wholesaling  trades. 
The  1929  and  1933  figures  are  incomplete;  but  the  decline  from  the  former 
to  the  latter  jeax   is'  believed  to  have  been  moderate.   The  average  annual 
employment  in  the  processing  and  T/holess-ling  indiistries  is  about  half 
that  at  the  seasonal  plateau.   These  workers,  as  a  class  are  employed 
only  about  half  the  year, . 

The  total  nianber  of  persons  engaged  in  the  Fishery  Industry  in  1929 
was  probably  betv/een  200,000,  and  210,000,  while  in  1933  it  was  about 
188,500,   The  decline  due  to  the  depression,  therefore,  was  quite  moder- 
ate, 

HOURS  OF  LA30H 

The  restriction  of  the  working  hours  of  fishermen  with  a  view  to 
spreading  emploj^ent  v/as  never  regarded  as  practicable.  Hours,  of  labor 
in  the  wholesaling  and  processing  industries  did  not  escape  restriction; 
but  their  irregularity  is  such  that ' the  problem  was  difficult  and  the 
results  v/ere  not  very  satisfactory.  Average  working  hours  for  plant 
9581 


-5- 

eraployees  in  most  of  these  industries  in  1933  ran  from  45  to  55  'oer  week, 
with  the'  mean  rcther  under  50.,   Only  in  the  southeastern  states  did 
these  hours  reach  60  per  week,  Tkie   hoitrs  of  oyster  shuckers,  owing  to 
the  contraction  of  the  volume  of  "business,  averaged  fnder  25  per  week. 
Everywhere,  in  addition  to  the  seasonal  concentration,  there  were  heavy 
short-time  fluctuations';  hut  the  available  evidence  does  not  suggest 
that  the  proportion  of  very  long  working  weeks  and  days  was  really  large, 

EifflNIlTG-S  0?  THE  FERSOKrJEL 

Three- quarters  of  the  40  per  cent  of  the  personnel  of  the  primary 
producing  industry  who  may  he  classified  as  employees  work  on  shares,  A 
small  proportion  are  paid  on  a  piece  basis  and  only  20  or  25  per  cent 
work  on  fi::ed  wages.   Hiere  appears  to  be  no  general  tendency  for  wages 
to  supplant  the  share  system. 

In  most  cases  the  crew  share  is  the  residue  that  remains  after  oper- 
ating ejcpenses  and  the  share  assigned  to  the  vessel  or  boat  have  been 
deducted  from  the  value  of  the  ca-tch.   All  overhead  costs  are  charged 
•against  the  vessel  or  boat  share. 

The  agreements  or  "lays"  that  govern  the  distribution  of  shares  have 
changed  but  little  during  the  pa.st  generation,  or  even  since  the  eight- 
eenth century,  A  large  majority  have  never  been  reduced  to  writing.  As 
a  result  they  constitr.te  perhaps  the  most  informal  and  at  the  same  time 
the  most  stable  class  of  economic  relationships  in  the  country. 

The    co'cjrts  ha.ve  long  regarded  fishermen  who  work  on  shares  as  em- 
.ployees  in  the  sajae  sense  as  factory  wage  earners.  Except  in  the  case  of 
large  corporation-owned  vessels,  however,  this  legal  doctrine  i.s  unreal- 
istic. The   a,vailable  evidence  in.dica,tes  strongly  that  the  real  position 
of  share  fishermen  is  intermediate  between  that  of  small    entrepreneurs 
or  stocldiolders  and  of  ordinary  employees. 

Precise  data  for  the  earnings  of  fishermen  are  a.t  present  confined 
to  the  vessel  fisheries.   In  1933  the  weighted  average  for  share  vessel 
crews  was  $649,  and  for  wage  vessel  crews  $510,   For  share  vessels  in_ 
individ-oal  a^reas  the  average  varied  from  $847  in  California  to  $399  in 
the  South.   Ihe  avera^ge  net  income  of  boa.t  and  share  fishermen  in  1953 
can  hardly  have  exceeded  $300,  About  a  third  of  these  latter,  however, 
derived  at  least  half  their  money  income  from  occupations  other  than 
fishing. 

Estimates  of  the  earnings  of  share  fisherm_en  in  1329  and  1934  indi- 
cate that  the  average  per  man  declined  from  the  former  year  to  1933  by 
57  per  cent,  and  rose  in  1934  by  52  per  cent;  but  that  it  was  then  still 
abotit  35  per  cent  below  1929,   Eixed  wages  declined  much  less  from  1929 
to  1933  than  -did  earnings  from  shares,  and  rose  much  less  in  1934, 

Erom  1929  to  1933  the  average  earnings  of  share  fishermen  fell  more 
sharply  than  the  corresponding  value  of  the  catch,  and  from  1933.  to  1934 
they  rose  more  sharply,   Hiis  was  largely  an  indirect   result  of  the 
relation  of  the  concurrent  changes  in  the  prices  of  fishery  products  and 
of  those  of  the  commodities  tha.t  chiefljr  accoimt  for  the  operating  ex- 
pense of  fishing  craft.   It  seems  abnormal  and  somewhat  demoralizing  how- 
ever that  the  earnings  of  a  class  vdiose  incomes  are  so  small  should  vary 
9581 


more  e::treinely  than  the  gross  sales  volume  of  the  enter^orise  for  which 
they  v/orko 

Investigations  in  connection  with  the  codes  "bro"Utght  out '  charges  of 
abuses  in  the  administration  of  share'  acreements.   The  matter  needs  fur- 
ther investigation  and  probahly  some  remedial  action. 

The  total  volume  of  comioensation  in  the  primary  producing  industry 
is  at  present  unlcnown*   In  the  vessel  fisheries  it  was  ahout  31  mllion-  .:•■.■• 
dollars  in  1929,  ahout  nine  and  a  half  million  in  1933,  and  not  quite  13 
million  in  1934.   The  1953  volume  represented  ahout  38  per  Cent -of  the 
value  of  the  vessel  catch  of  that  year,   Tliis  ratio  appears  to:have- 
changed.  ver3'"  little  for  many  years*  ": 

Except  in  the  ca.se  of  a  few  special  classes  of  worker  the  availahle 
informa.tion  indicates  that  the  wholesaling  and.  processing  industries, 
just  before  the  institution  of  the  ILHoAo,  were  paying  tolerable  wages, 
with  a.verages  running  from  $18  to  $26  per  week.   The  total  wage  volume 
of  these  industries  was  about  45  million  dollars  in  1929,  ajid  30  million 
in  1933. 

The  grand  total  volume  of  vrages  aiid  shares,  in  1933,  of  all  persons 
in  the  Fishery  Industry  f/ho  may  in  some  sense  be  called  employees  may  be 
estima.ted  provisionally  at  $47,500,000. 

THE  FISHEaY  CODE  STaUCTUBE  ASD   THE  WRITIE&  GIT  THE  CODES   ■ 

The  writing  of  the  fishery  codes  '-ms  originally  subject  to  .the  Agr-ic-jl. 
tural  Adjustment  Administration.   When  they  were  transferred  back  to  the 
K.H.A.  in  Januarjr,  1934,  however,  none  had  been  ap'oroved. 

In  the  N.S.A.  the  plan  was  to  concentrate  first  of  all  on  a  master 
code  for  the  whole  Industry.   This  was  approved  on  February  26,  1934. 
Its  provisions  Mere   deliberately  made  rather  general,  in  the  belief  that 
the  special  problems  of  individioal  subindustries  would  have  to  be  dealt 
with  in  the  supplementary  codes. 

The  master  Code  provided  for  a  Hational  Code  Authority  to  be  elected 
by  the  National  Fisheries  Association,  and  for  executive  Committees  in 
the  various  subdivisions.   It  also  provided  for  a  uniform  assessment  of 
one-tenth  of  one  per  cent  of  the  previous  year's  sales  of  each  member.' 
These  were  to  be  collected  exclusively  by  the  Executive  Committees,  who 
were  to  turn  over  25  per  cent  for  the  use  of  the  Code  Authority. 

The  general  idea  of  bringing  the  whole  Industrjr  under  a  master  Code 
as  a  first  step  had  decided  merits;  but  the  details  of  the  actual  plan 
involved  serious  errors  of  judgment.  Tlae  National  Fisheries  Association 
was  not  sufficiently  representative  to  be  entrusted  with  the  election  of 
the  Hational  Code  Authority.  The  Administrative  functions  of  the  latter 
were  not  well  distinguished  from  those  of  the  Executive  Committees,  and 
there  was  widespread  objection  to  the  assignment  to  the  former  of  25  per 
cent  of  the  assessments. 


9581 


-7- 

It  now  seems  clear  that  the  National  Code  structure  should  have  heen, 
to  begin  with,  a  much  raoro  modest  one,  and  that  it  should  have  he en  built 
from  the  bottom  up  ojid  not  from  the  top  do\?ii. 

Hearings  on  all  the  supplementary  codes  vvhich  it  was  proposed  to  es-^ 
tablish  for  the  wholesaling  and  processing  industries  had  been  held  vrithin 
a  few  raonths  of  the  approval  of  the  National  Code,   By  June,  1934,  five 
of  the  latter  had  been  aoproved;  but  from  that  time  delays  began  to  devel- 
op.  Of  the  seven  regional  codes  -oroposed  for  the  general  preparing  and 
wholesaling  trades  three  were  still  unapproved  at  the  time  of  the  Schechter 
decision.   Ihe  Supplementary  Code  for  the  Atlantic  Mackeral  Fishery  was 
the  only  one  approved  for  the  primary  producing  industry,  though  hearings 
were  held  on  five  others. 

These  delays  were  the  resiJ.t,  primarily,  of  two  things  -  the  large 
size  and  artificial  character. of  the  areas  to  which  the  Administration  in- 
sisted that  these  codes  should  apply,  and  the  promulgation  in  June,  1934, 
of  Office  Hemorand-Lun  IJoc  228.  Little  if  any  of  this./lack  of  progress  vras 
the  i-esu-lt  of  conditions  in  the  Deputy  Administrator's  office.   In  the 
case  of  the  proposed  codes  fo,r  the  priiaarj'' producing  industi'yi  bowever, 
there  were  also  delays  due  to  controversies  regarding  conservation  pro- 
visions insisted  on  by  the  KoR.A.,  and  to  the  f2.ct  that  in _  some  cases  the 
proponents'  interest  centered  on  the  restriction  of,  competitive  imports. 

The  statement  that  the  promulgation  of  Office  Memorandum  lOo  228  was 
a  cause  of  delay  in  the  writing  of  the  supplementarj;-  codes  is  not  meant 
to  imply  any  question  as  to  the  advisability  of  the  policy  involved.   The 
fact  tha.t  the  Memorandum  had  a  discouraging  effect  on  the  proponents  of 
these  codes,  however,  was  too  latent  for  dispute. 

It  novr  seems  certain  that  a.   code  system  for  the  primary  producing  in- 
dustry could,  not  have  been  set  up  with  a  strict  adherence  to  the  standard 
procedure  of  the  N.R.A.  7ith  a  modified  procedure,  however,  an  orgsxiza- 
tion  could  probably  ha,ve  been  established  v/hich  would  in  time  have  had 
very  beneficial  results, 

THE  ADMIITI  STRATI  OH  OF  THE  COIES 

The  bodies  set  up  to  administer  the  fisherjr  codes  "undertook  the  work 
under  serious  handicaps.  Previous  organization  had  been  lacking,  and  there 
was  a  consequent  scarcity  of  trained  staff.   It  proved  exceedingly  diffi- 
cult to  collect  assessments  sufficient  to  provide  even  for  minimum  necessi- 
ties. Under  the  special  conditions  of  the  Industry  it  was  hard  to  estab- 
lish a  ha,bit  of  compliance  with  the  codes.  Additional  difficulty  ajrose 
from  intergroup  jealousies  in  some  of  the  artificially  large  code  areas. 

Members  of  this  Industry  were  unaccustomed  to  paying  dues  for  common 
purposes,  eaid  a  large  proportion  of  them  Tjere  in  very  low  financial  water. 
The  Administration's  requirements  v/ith  respect  to  code  finance  v/ere  be- 
coming more  strict,  and  in  the  absence  of  reliable  data  delay  was  caused 
by  the  submission  of  budgets  based  on  overestimates  of  the  funds  likely 
to  be  available.   The  National  Code  Authority  was  especially  affected  by 
the  fact  that  it  was  to  receive  its  income  indirectly.   It  proposed  at 
the  beginning,  moreover,,  a  far  too  grandiose  spending  program*   When  its 
original  estimates  had  to  be  heavily  cut,  its  prestige  stiff ered  according- 
ly. 
9581 


-3- 

Of  13  fishery  code  bodies  for  which  budgets  '.".'ere  a"0"oroved  the  esti- 
mated individ^ial  income  of  six  was  less  than  10  thousand  dollars,  and 
that  of  10  was  less  than  20  thousand.  Even  so,  only  tv/o  instances  are 
IcnoTOi  in  which  most  of  the  estiraa.ted  receipts  v/ere  actually  collected. 
It  is  doubtful  whether  in  sJiy  other  case  the  collections  reached  25  per 
cent  of  the  estimate. 

The  problem  of  obtaining  compliance  vras  conditioned  by  the  fact  that 
these  codes  affected  large  numbers  of  small  enterprises,  which  had  not 
been  trained  to  the  habit  of  working  cooperatively.  A  majority  of  the 
Executive  Committees  were  not  established  until  the  first  interest  in  the 
code  system  had  begun  to  subside.   These  bodies^  moreover,  v;ere  absorbed 
in  the  primary''  work  of  getting  orgaiiized,  of  preparing  budgets,  and  of  col- 
lecting bare  minimums  of  funds.  Apart  from  all  this,  however,  their  ef- 
forts to  obtain  compliance  v?ere  affected  by  their  conviction  that  the 
responsibility  for  the  enforcement  of  the  code.s,  as  for  any  sort  of  police 
activity,  belonged  to  the  G-overnnent  alone.  Actually,  therefore,  their 
activities  for  the  purpose  a.3iiounted  to  little. 

Ihere  were  a  few  exceptions  to  this  general  lack  of  effective  adminis- 
tration, including  the  Canned  Salmon  Code  Authority,'',  the  Committees  admin- 
istering both  the  California  and  the  Hew  England  Sardine  Codes,  and  the 
temporary  Committee  administering  the  national  Code  in  the  northern  Ca-li-— 
fornia  area..  Information  is  lacking,  however,  for  a  detailed  report  on 
the  work  of  these  bodies. 

This  situation  with  resoect  to  the  axTiainistration  of  the  fishery  codes, 
however,  had  com^^ensating  features.   There  vrere  few  applications  for  stays 
and  almost  no.ne  for  exeK.ptions;  and  the  number  of  cases  of  alleged  high- 
handed or  coercive  action  on  the  rart  of  the  Executive  Committees  was 
negligible. 

Conditions  did  not  favor  the  collection  of  statistics  by  the  fishery 
code  bodies  while  the  codes  were  in  existence,  and  very  little  in  that 
direction  was  done* 

PHOVISIOMS  BELATIKG  TO  HOURS  OE  LABOR 

In  the  preparing  and  v;holesaling  trades  the  fact  that  really  long 
hours'  had  been  sporadic  only  led  to  a.  belief  that  the  additional  employ- 
ment created  by  restricting  them  viould  be  small  and  irregular,  and  that  it 
would  represent  a  trifling- contribution  only  to  the  solution  of  the  main 
problem.   'The  Eiaxiraum  hours  finally  agreed  upon  varied  little  from  45  per 
week. 

In  the  canning  industries  conditions  varied.   The  hours  of  the  Nation- 
al Fishery  Code  were  ultimately  reapplied  to  the  California  Sardine  In- 
dustry, while  in  the  case  of  the  Canned  Salmon  Industry  it  was  felt  that 
more  harm  than  good  would  be  done  by  an  attempt  to  restrict  hours  for  the 
purpose  of  spreading  emplojonent. 

There  are'  practically  n.o  detailed  figures  to  show  the  actual  effect 
on  eraployment  of  the  restriction  of  hours  in  the  Fishery ,  Industry,  About 
68  per  cent  of  the  personnel,  however,  \7ere  in  branches  in  which  conditions 

9581 


-9- 

m'-.de  reritriction  iuiracticable.   In  ttie  case  of  the  renn.inder  the  aggre- 
gate s'oread  cr.m  ccarcely  have  ajioionted  to  rore  than  eight  or  nine  per  cent 
of  the  pre-code  voliome,   Hiis  rather  -unsatisfactory  resiilt,  hovrever,  must 
Tae  regarded  in  the  raoAn   as  an  inevitahle  consequence  of  the  very  special 
conditions  of  the  Industry, 

Hie  compliance  problems  'which  arose  from  these  ma;-inun  hour  orovisions 
v/e.re  not  very  serious.  The   restriction  they  \7ere  probahly  not  observed 
rigidly,  "but  there  is  no  positive  evidence  of  deliberate  or  widespread 
noncompliance. 

MIMfclUlA  7fA&E  PEOYISIOMS 

Ihe  National  Fishery  Code  set  the  precedent  of  excepting  fishermen 
working  or  shares  from  the  benefit  of  a  minimum  \7age  rate.   There  v/as 
merit  in  the  arguments  on  v/hich  this  policy  was  based;  but  it  v/as  a   defect 
of  the  Code  that  it  did  not  establish  the  principle  tha.t  this  large  group 
was  entitled  to  some  equivalent  guarantee o 

Hie  minimum  wage  rates  of  the  National  Code  did  a-'ply  to  the  20  per 
cent  of  all  fishermen  v/ho  work  on  a  wage  basis;  but  the  rates- were  not 
high  enough  to  benefit  most  of  those  affected  very  grea„tly. 

Hie  minin-um  wage  rates  of  the  National  Code  also  applied  to  the  pre-* 
Tearing  and  T,h.olesaling  trades  in  the  three  regions  for  v/hich  supplementary 
codes  were  never  aporovedc 

Except  in  the  case  of  piece  workers  in  the  Eresh  Oyster  an.d  Blue 
Crab  Indtistries  minim\i!Ti  rates  at  least  up  to  the  general  code  standard, 
and  in' nost  cases' higher,  vrere  agreed  upon  with  little  controversy  for 
the  prepa^ring  and  '..holesaling  trades  for  which  supplementary  codes  v/ere 
written. 

The  rates  foi:  o^'-ster  shuckers  in  the  North  Atlantic  area  were  reason- 
able, though  the];-  did  not  benefit  ma<,ny  T/orJ^ers.   In  the  Chesapeake  area 
the  minim-urn  rate  left  earnings  very  low,  and  even  so  it  was  not  generally 
lived  up  to.   The  fairly  satisfactory  minimum  rate  of  the  Blue  Crab  Code 
was  never  enforced  in  Virginia..  Hie  best  available  information  indicates 
that  the  smaller  packers  both  of  oysters  and  crabs  in  this  area  were  ill~ 
sit-ua-ted  financially  to  pay  the  Code  rates.  At  the  sa.rae  time  earnings 
were  scandaJousl;'-  lov;.   The  problem  was  difficult  and  what  the  solution 
sho-uld  have  been  is  not  clea.r  even  now. 

The  minimum  rate  ultimately  applied  to  the  California  Sardine  Indus- 
try raised  the  wages  of  five-sixths  of  the  workers  abo-at  10  per  cent. 
In  the  Canned  Salmon  Industry  about  40  per  cent  of,  the  shore  workers  had 
been  "Orientals",  employed  ''oj   Chinese  and  Japanese  labor  contractors,  v/ho 
had  paid  them  very  Iot;  wa.ges.   The  Cojined  Salmon  Code  abolished  this  systemi 
Since  the  contractors  ha.d  in  -Dractice  been  malcing  excessive  profits  the 
abolition  is  believed  to  ha.ve  been  beneficial  .to  the  canning  companies, 
and  may  be  expected  to  be  maintained.   Hie  Code  minim.-uun  rates  raised,  the 
earnings  of  the  Oriental  employees  '^o:/   about  a  third. 


9581 


-10- 

Hie  'bodies  adr.:inistering  the  fisher^'-  codes  '.vere  not  in  a  position 
to  do  much  to  insure  compliance  v/ith  the  \-;are   provisionso   In  the  case  of 
the  piece  workers  in  the  Fresh  Oyster  and  Blue  Crab  Industries  in  the 
Chesapeake  area  the  fact  of  ;7idespread  noncompliance  v/as  notorious o 
Othervase,  however}  the  situation  ap^iears  to  have  heen  fairly  satisfactory. 

In  increases  in  wage  volume  v/hich  were  expected  to  result  from  the 
the  minimum  wage  provisions  of  the  fishery  codes  ran  from  12  or  13  to  35 
or  40  per  cent,  and  averaged  ahout  20  per  cent.   No  reason  is  knov/n  for 
supposing  that  these  increases  were  not  epproximately  realized. 

TRADE, FEACTICE  PROVISIONS 

Tlie  interest  of  most  "branches  of  the  Industry;-  centered  on  trade 
practice  provisions  for  the  maintenance  or  control,  direct  jor  indirect, 
of  the  prices  of  fishery  products. 

The  National  Fishery  Code  contained  a  general  prohibition  of  des- 
tructive price  cutting.   This  provision  was  so  thoroughly  safeguarded 
that  it  could  scarcely  have  done  any  harm.   Tlie  procedure  provided  for, 
however,  was  cuiabersume ,  and  except  for  its  noral  effect  the  prohibition 
could,  hardly  have  accomplished  any  useful  -ourpcse. 

Eleven  codes  contained  provisions  for  the  filing  of  open  prices,  six 
of  them  in  the  form  stipulated  in  Office  Memorandum  No.  228.   The  sS'stem 
was  apparently  fa-irly  workable  in  the  case  of  the  canning  industries,  but 
probably  not  in  that  of  the  preparing  and  wholesaling  trades.   It  is  be- 
lieved that  after  the  initial  filing  the  members  of  the  latter  genereily 
failed  to  comply  with  the  open  price  requirements. 

Five  codes  approved  before  the  promulgation  of  Office  Memorandum 
No.  228  contained  provisions  prohibiting  sales  below  members'  individual 
costs.   The  latter  were  to  be  determined  "pursuant  to  the  principles"  of 
cost  finding  systems  to  be  s.pproved  by  the  Administration.   One  such  sys- 
tem was  ajpproved  temporarily  for  the  California  Sardine  Industry.   The 
Executive  Committee  of  tlie  latter  regarded  the  provision  as 'highly  bene- 
ficial, but  nothing  is  known  in  detail  of  the  way  it  worked. 

Except  in  the  case  of  the  Atlantic  Mackerel  Fishery  not  even  an  rttant 
TEi.Ei.rceto  put  into  effect  any  of  several  provisions  providing  for  the  es- 
tablishment of  emergency  minimum  prices.   It  is  believed,  however,  that 
the  New  England  Sardine  Industry  might  have  shown  grounds  for  the  approv- 
al of  such  a  tempcirary  price  floor,  if  the  codes  had  been  continued  in 
effect  in  the  suminer  of  1935. 

The  practice  of  shipping  on  consignment  to  the  large  \7holesale 
centers  is  very  common  on  the  part  of  fishermen  and  of  small  primary 
dealers  located  at  outlying  ports.  .  In  1932  and  1933  a  large  proportion 
of  such  shippers  became  convinced  that  this  practice  i7as  accentuating 
the  current  price  deflation.   Seven  of  the  codes,  consequently,  included 
provisions  vrhich,  in  varj'^ing  form, _  prohibited  or  restricted  consignment 
selling. 

There  is  no  question  that  wholesalers  in  several  lojrge  centers  had 
developed  -oractices  in  handling  consignment  shipments  v/hich  v/ere  peculiar 
9581 


-11- 

and  not  strictly  le^al,   Tliere  is  much,  truth,  hov/ever,  in  the  contention 
of  these  concerns  th8,t  no  other  coiu'se  v;as  feasihle.,  .  It  is  also  proTDalDle 
that  neither  the  practice  of  consignment  selling  in  itself  nor  the  deal- 
ers* methods  really  made  rauch  difference  in  the  prices  paid.   The  whole- 
salers' practices,  however,  v/ere  liahle  to  ahuse,  and  remedial  action 
would  he  desirable,  •* 

Si::  fishery  codes  contained  provisions  limiting  the  periods  for  which 
credit  might  he  given  hy  Industry  raemhers.   Seven  prohibited  price  quota- 
tions and  settlements  except  on  an  f.o.h.  or  delivered  "basis.   Tv7o  ap- 
proved codes  limited  the  alloT/ances  tha.t  might  he  made  on  claims  from 
customers,  s,nd  others  which  were  not  approved  proposed  to  do  the  same. 
Little  or  nothing  specific  is  at  present  1-niown  of  the  effect  of  these 
three  grou]ps  of  provisions';  hut  it  is  unlikely  that  they  vfere  generally 
complied  \7ith. 

Almost .all  the  wholesaling  and  processing  codes  contained  provisions 
prohibiting  the  diversion  of  brokers'  commissions  to  customers.   The 
Canned  Salmon  Industry  attached  special  importance  to  this,  and  the  Code 
Aaithority  made  conscientious  efforts  to  enforce  it.  The   conditions  were 
so  difficult,  however,  that  the  provision  vras  finally  stayed  at  the 
Industry' s  request. 

Since  only  one  supplementary  code  was  approved  for  a  fishery  proper, 
few  trade  practice  provisions  were  designed  for  the  advantage  of  the 
primary  producer.   A  provision  to  protect  fishermen  against  nonpayment 
or  dela^y  in  payment  by  dealers,  however,  was  Tirritten  into  all  the  vfhole- 
saling  and  processing  codes.   It  wouJLd  not  appear  that  the  abuses  vfhich 
caused  this  to  be  done,  were  at  all  widespread;  but  there  is  reason  to 
thinlv  that  the  provision  was  desirable  on  genera^l  principles. 

The  Atlantic' Mackerel  Fishing  Code  included  a  provision  designed 
to  prevent  a,buses  in  connection  with  the  administration  of  lays  or  share 
agreements.   It  was  proposed  to  v.'rite  the  same  provision  into  other  sup>* 
plenentary  codes  for  the  primejy  producing  industry. ■ 

Hie  National  Fishery  Code  made  it  a  duty  of  the  E::ecutive  Committees 
to  inform  the  Administration  of  the  importation  of  competitive  foreign 
products  into  the  United  States  in  subs.tantial  quantities  or  in  increas- 
ing ratios  to  domestic  production.   It  was  intended  to  include  similar 
provisions,  with  specific  reference  to  Section  Z   {^)    of  Table  I  of  the 
Hecovery  Act,  in  the  supplementary  codes  for  some  other  primary  produc** 
ing  industries.   The  only  complaint  Y/hich  was  follo\7ed  through  under  the 
authority  of  that  Section,  however,  vfas  of  minor  importance  and  was 
dismissed.   T'./o  other  petitions  were  docketed  for  relief,  but  were  both 
withdrawn. 

The  conservation  provisions  included  in  fishery  codes,  unfortunately, 
did  harm  rather  than  good.  The  insistence  of  the  5f.Il. A.  on  including 
conservation  provisions  in  the  proposed  G-reat  Lakes  Pishing  Code  played 
a  considerable  part  in  discouraging  its  proponents. 


9581 


-12- 

Tlie  Constuncr's  Advisers  assigned  to  the  fisher2"  codes  Iwere  success- 
ful in  having  provisions  for  the  esta'blishi.ient  of  grades  -or  standards  in- 
cluded in  all  of  then.   In  the  case  of  the  canning  industries  these  pro-r 
visions  are  helieved  to  have  been  workable ,  thou,gh  not  mu9h  is  kno\7n  \7ith 
regard  to  their  effect.   In  the  case  of  the  preparing  and  wholesaling 
codes,  however,  the  clauses  relating  to  gra,des  and  standards  vrere  assented 
to  reluctantly,  and  little  was  done  to  carry  them  oiit. 

THE  COIITHOL  OF  THB  ATLANTIC  UACEERSiL  CATCH 

The  last  chapter  of  the  report  deals  in  deta.il  with  the  control  of 
production  provision  of  the  Atlazitic  Mackerel  Fishing  Code,  ajid  its  hack- 
gro'und  and  effects. 

The  heavy  increase  in  the  catch  of  this  fishery  from  1925  was  inevi** - 
tatly  accompanied  "by  a  drop  in  the  price  to  the  producers;  hut  the  decline 
was  probably  accentuated  by  the  relatively  large  number  of  vessels 
fishing.   The  catch  of  1932  was  the  largest  in  50  years,  and  brought  an 
average  price  55  per  cent  belov;  that  paid  for  appro :;imately  the  saine 
quantity  in  1929.   In  the  face  of  this  decline  the  operating  expense  of 
the  mackerel  fleet  fell  off  from  1929  to  1932  by  only  about  22  per  cent, 
while  its  overhead  e::pense  remained  practically  unchanged.   In  1932  the 
gross  profit  accruing  to  a  group  of  typical  vessels  amounted  to  only  37 
per  cent  of  the  overhead  cost  and  depreciation.   The  crews  of  these  ves- 
sels earned  an  8,verage  of  only  $6e40  per  week  per  man  for  the  mackerel 
season  of  about  30  weeks«        ■ 

It  was  this  situation  that  led  the  mackerel  fishery  to  propose  at  an 
early  stage  a  code  containing  a  provision  to  permit  the  regulation  of  the 
catch.   The  Code  was  not  a^pproved  until  May  3,  1934;  but  in  the  meantime, 
during  the  1933  aoason,  severa.l  consecutive  voluntary  agreements  for  the 
control  of  the  production  had  been  ejgjerimented  vfith.  None  of  these  he.d 
lasted  any  considerable  tine,  but  they  had  reduced  the  catch  substantially, 
V7ith  a  corresponding  'increase  in  the  unit  price. 

The  control  of  production  provision  wa.s  -out  into  effect  early  in 
June,  1934,   'The  a.ggregate  weekly  caiota  x;;\s  at  firnt  set  at  700,000,000.pounds 
Late  in  June,  however,  it  was  increased  to  1,100,000  and  early  in  August 
to  2,200,000  pounds.   This  latter  dra.stic  increase,  which  was  made  be- 
cause of  an  ercoected  deficiency  in  the  foreign--  salt  mackerel  available 
for  importa.tion,  raised  the  quota  so  near  to  the  current  supply  tha.t  for 
practical  purposes  there  ceased  to  be  any  restriction  of  the  production 
from  that  tine  on. 

Ear^-y  in  August  the  Industry  applied  for  the  a;pproval  of  aji  emergency 
minimum  cost  which,  if  enforced,  would  have  raised  the  average  price  re- 
ceived diiring  August  and  September  from  1,31  to  a^bout  1.75  cents  per 
potmd.   The  Executive  Gonunittee' s  interpretation  of  the  term  "emergency" 
however,  vfas  at  variance  with  the  Administration's  understanding,  and'the 
application  was  disallowed. 

This  action  \ics   received  by  the  Industry  with  resentment.   For  the 
reasons  indicated  above,  hov/ever ,  it  is  unlikely  that  it  affected  mater- 
ially the  results  of  the  control. 

95cl. 


-^13- 

For  the  tv/o  months  dioring  which  the  control  of  the  mackerel  catch 
had  any  actiial  effect,  of.cpii-rse,  it:  raised.,  the  tuiit  price.   Owing, 
however,  to  the  lov?  level  of  meat  prices  at  the  time  the  increase  ws.s 
not  sitfficient  to  compensate  for  the  restriction  of  the  .quantity.   This 
attempt  of  the  mackerel  fishery  to  solve  its  prohlems  of  iinrem-unerativei, 
prices  azid  of  suhnormal  earnings  hj/  limiting  its  production  was  therefore, 
prohahly,  oji  irapra.cticahle  one.   Ihe  attempt,  however,  v/as  made  in  good 
faith,  Tinder  strong  provocation,  and  does  not  seem  in  practice  to  have 
caused  serious  injury  to  the  consuiner. 


9581 


-14- 

THE  FISHaRY  industry  MP  THE  FISHZiRY 
'■      ■  CODES 

CHAPTER     I 

'  SCOPE  ,GP  THE  STUDY  AM)  DESCRIPTION  OP  THE  INDUSTRY 

DEFINITION  OP  THE  INDUSTRY 

The  N.R.A.  fishery  codes  \7ith  which  this  study  is  concerned  covered 
a  field  consideralDly  more  extensive  than  that  of  the  Pishing  Industry  or 
the  fisheries  in  the  ordinary  sense.  The  Industry  as  thus  defined  falls 
into  three  suhdivisions: 

(1)  The  fishing  Industry  proper 

(2)  The  preparing  and  wholesaling  trades 
(?.)   General 

(h)   Specialized 

(3)  The  specialized,  canning  and  reduction  industries 

The  fishery  codes  did  not  covery  any  part  of  the  retail  trade  in 
fishery  prodiicts, 

TIiE  CODS  STPUCTURE 

The  original  plan  was  that  the  whole  Industry  as  thus  defined, 
shou].d  he  covered  "by  a  single  master  code,  with  sup'oleraentary  codes  for 
the  various  suhdi visions.  By  the  time  the  master  code  had  heen  written, 
however,  opposition  to  inclusion  within  its  jurisdiction  had  developed 
on  the  part  of  some  "branches,  es;Decially  certain  canning  industries. 
There  ws,s  consequently  inserted  a  -orovision  (Article  IX,  Section  4)  which 
permitted  such  groups  to  petition  out  of  the  Code  Industry,   This  pro- 
cedure v/as  taken  advantage  of  "by  the  Can.ned  Salmon  Industry,  which  ul- 
timately received  an  independent  code,  and  hy  the  canned  tima,  shrimp, 
oyster  and  clam  products  industries,  which  preferred  to  be  placed  ujider 
the  Canning  Code. 

SCOPE  OP  THE  REPORT 

The  sttidy  the  results  of  v/hich  are  s^oiamarized  in  the  present  report, 
has  dealt  with  the  Fishery  Industry  in  the  h-c-oad  sense,  to  which  it  was 
originallj'"  intended  that  the  master  code  should  aroply.   That  is,  it  in- 
cludes the  Canned  Salmon  Industry,  which  ultimately  had  an  independent 
code.   It  refers  only  incidentall-v,  however,  to  the  c^?,nning  industries 
which  were  placed  under  the  Canning  Code, 

ORGANIZATION  OP  THE  ^.IKOLESALIHG  MD  PROCESSING  INDUSTRIES 

The  fiuictions  and  economic  relations  of  the  first  of  the  three  main 
subdivisions  of  the  Fishery  Industry  -  the  fishing  industr-y  proper  -  are 
too  ODvious  to  demand  description.   In  the  case  of  the  wholesaling  and 

9581 


-15- 

procecisin/;;;  divisions,  horever,  these  functions  and  interrelations  are 
somev/liat  corqDlex,  and  require  further  explanation. 

The  v.fholesale  distribution  of  fishery  products  cestined  for  con- 
sumption in  a  fresh  or  frozen  state  are  liandled  hy  specialized  enterprise^ 
which  are  qtiite  distinct  from  the  wholesale  grocery  trade,  and  which, 
with  ninor  exceptions,  are  not  concerned  ivith  anything  except  fishery 
products.   These  wholesaling  trades,  moreover,  comhine  with  their  distri- 
butive function  a  considerable  variety  of  processing. 

As  a  ma.tter  of  convenience  this  minor  processing  was  designated  for 
code  purposes  "preparing".   The  term  covers  such  operations  as  the  fill- 
eting cjid  packaging  and  the  drying  and  salting  of  fish,  the  shucking  of 
oysters  a,nd  clams  and  the  heading  and  peeling  of  shrimp. 

The  pirej^aring  and  vrholesaling  of  all  finny  fish  and  of  some  shell- 
fish and  miscellaneous  products  are  carried  on  by  unspecialized  trades, 
between  which  the  only  practicable  distinction  is  a  geogranhical  one, 
A  highly  varying  but  substantial  part  of  the  business  of  each  of  these 
is  within  its  own  area,  though  by  no  means  exclusively  within  its  own 
state.   There  is,  however,  a  considerable  overlap  in  the  operations  of 
these  regional  trades,  which  was  the  cause  of  complications  from  the 
standpoint  of  code  writing  and  administration. 

In  the  case  of  a  few  snoecies,  particularly^  oysters,  crabs  and  lob- 
sters, the  2">i'ocesses  of  production  and  preparation  are  so  distinct  that 
the  trades  concerned  with  their  primary  distribution  may  be  regarded  as 
constituting  a  specialized  group,  separate  from  the  general  Drepa.ring 
and  wholesaling  trades  just  described. 

Practically  all  fish  and  shellfish  destined  to  be  canned,  as  dis- 
tinguished from  other  methods  of  preservation,  are  bought  by  the  proces- 
sors direct  from  fishermen,  and  do  not  pa.ss  through  the  hands  of  the 
wholesaling  trades.   These  canning  industries,  therefore,  constitute  a 
distinct  division  of  the  Code  Industry. 

PAHTICIPATIOl'-  QP  MQLESALERS  AlID  PROCESSOaS  IS   THE  F-:i:lAP:Y  PRODUCTIOl'T 

Hot  only  do  the  preparing  and  wholesaling  trf^des  and  the  canning 
subindiistries  constitute  the  sole  large  scale  customers  of  the  industry 
proper,  bu.t  there  is  in  many  cases  a  closer  connection,  arising  from  the 
ownership  of  fishing  craft  or  gear  by  distributors  or  ijrocessors.   This 
is  true  of  a  substantial  proportion  of  the  Kew  England  groundfish  (*) 
fleet,  of  the  vessels  in  the  cultivated  Oyster  and  the  Memhaden  Indus- 
tries, of  the  red  snapijer  fleets  operating  out  of  Pensacola  and  Galves- 
ton, of  ina-ny^  smaller  fishing  cre^ft  in  the  South,  particularly  in  Elorida, 
of  the  tre.wling  fleet  operating  out  of  San  Prancisco,  a,nd  of  the  craft 
engaged  in  supplying  the  salmon  canneries  of  the  Pacific  l^orthwest  and 
Alaska, 


(*)   "G-roimdf ish"  is  the  collective  term  for  the  principal  commercial 
flatfishes  -  cod,  liaddock,  liake,  cusk,  pollock  and  to  some  extent  halibut 
and  flounders, 

9581 


-16- 

Tlie  proportion  of   the  priiaary  production  of  fish  .and  shellfish  ta]-en 
"Dy  craft   tlms  ov/ned  ty  distributors   or  processors  'is  not  known  vdthaccur^ 
acy;    otit    it   can  hardly  amount   to   less   thpji   55  or  40  per  cent   of   the    total 
quantity.      The  proportion  of  fishing;  craft    by  niim'oer  which  are   o-'7ned  in 
a  corresponding  manner   is  much  lovrer  -  prohahly  ahout   20  per   cent   in   the 
case   of  vessels   of  five  net   tons   capacity  and  over,    and  still  less   in 
the   case   of   "boats  of  less   tiia.n  five    tons   capacity, 

SPECIALIZED  SLIBIKDUSTRIES 

In  addition  to   the  three  main  suhdivisions  of   the  Fis-hery  Industry, 
as  defined  for  the  purposes  of   the  present    study,    a  fev?  .specialized  cases 
of   secondary  importance    should  he  mentioned.      Two   industries  in  the   South- 
eastern  states   are  engaged  in  catching,   preparing  and  distrihuting  in- 
edible jDroducts'  -   sponges   and  the  fish  meal  or   scrap   and  the   oil  manu- 
factured from  the   small  herring-like    species  lcnoT,TO.  as  menhaden.      The  meal 
and  scrap   have   heen  raa,inly  used  as  fertilizer,    hut    some  now  goes   into 
poultry  feedc      A  secondary  processing  industry  is  engaged  in  crushing 
oyster   shells,   also   for  use   as  poultry  feed, 

A  highly  specialized  and  minor   branch  of   the  primary  producing  in- 
dustry is   that  engaged  in  the   artificial  propagation  of   small  fresh  water 
fish,   particularly  trout.      This   industry  produces  primarily  eggs  and 
small   fr"  for   stocking  gaihe  preserves;    but   of  recent  years   its   output 
of  mature   fish  for   immediate   food  purposes  has  become   relatively  im- 
portant, ,  ' 

DETAILED  CLASSIPICATIOW  OE   TIIE   SUIilHSUSTRIES  AI\tD   THE  CODES 

On   the   basis   of   the  foregoing  de.scription   the   following  detailed 
classif ics-tion  of   the  fishery  subindustries   and  of   their  code   status  may 
be  made: 


Divisions  AiTD  SLIBIKDUSIRLSS 


CODE  STATUS 


Fisheries  Proper 

Regular  Pood  Fisheries   (*) 


Unless  Otherv/ise   Stated, 
National   Code   Only 


Atlantic  Mackerel 
Oyster 
Blue  -Crab 
Great  Lakes 
Alaska  Herring 
Pacific  Halibut 
Pacific  Cra.b 
Florida 
Lobster 


Supplementary  Code  Approved 

i;  "               I'            (Fresh  Oyster) 

ft  n               I! 

Supplementary  Code   Heard  but  not  Approved 

F?  II                    II           II  II                 IT 

XL  II               It           11         It               it 

It  n              It        n  (I            n' 

U  It                    II           II  U                 II 

H  II                    II           H  II                 It 


(*)      Onljr  the  fisheries  for  which  supplementary  codes   reached  public 
hearing  a,re  listed  under  this   head.      The   total  number   is  much  larger. 


9581 


-17- 


InecLi''ole   Products  fisheries 

lienhaden  '  .National   Code  Only 


Sponge 


t!  ir  H 


Oyster   Cultivating  SuTd- 

industry   .  Supplementary  Code  Approved  (Fresh  Oyster) 

Fisli  Propagating  SulDindustries 

TroLit  Panning  '  ■        Supplementary  Code  Approved 

Preparing  and  Fholesaling  Trades.     . 
General,    rath  G-eographical   Su"bdivisions 

Nev.'  England  Supplementary  Code  Aroproved 


Middle   Atlantic 
Miduest 


II  n  II 

II  .  n  ■  II 

Soutiiea,st  .    Supiileme'ntary 'Code   Heard  "but  not  Ap-nroved 

Gulf  South     •  '     »  ;•■"'     "  "        "        «  " 

North-.Test  s.nd  Alaska  Sup-olementaty  Code  Approved 

South^r/est  ,-■■         Supplementary  Code   Heard  tut   not  Approved 

Preparing  and  WIriolesaling  Trades   (Continued) 

Specialized  (*) 

:  Oyster  Sui3"olementary  Code  AiToroved   (iPresh  Oyster) 

Blue   Crah  ■  it  ■      ii  ■    ii 

Lo'Dster  Sup'olementarj'-  Code  Approved   (Wholesale 

Lohster) 
Sponge  "  "  ■      »■  » 

Alaska  herring  Supplementary  Code   Heard  hut  not  Approved 

Specig-lized  Processing  Suhindu-stries 

Canning 

Salmon  Independent   Code   Approved  (Canned  Ss,lmon) 
Sardine 

mexi  England  3tipplementa,ry  Code  Approved 

California  ,  '^                     "               " 

Tuna  Canning  Code 

Clsjn  Products  •      "        ,  » 

Oyster  ..  "-      ,  " 

Shrimp                             '  ■       '            ,    -  n  -  .-     h 

California  Mackerel  Supiolementarjr  Code  Heard  ''out  not  Approved 

Alaska.  Crg.h  Included  .under  JSortb-^est  and  Alaska  Prepar- 
ing and  Wholesaling  Code 

(*)      Onl]"  the   suhindustries  of   this   group  for  which  specific   supplemen- 
tar3'-  codes  reached  public  hearing  are  listed  imder   this  head.      All   the 
others  vrere  grouped  ?,dth  the  general  preioaring  and  wholesaling  trades  of 
the  various  regions, 

9581 


■  -IB- 


Reduction  {*) 


Sardine  Supplementaxy  Code  Approved  (California  Sardine) 

Alaska  Herring     '  Supplementary  Code  Heard  'but  not  Approved 
Menhaden  ITational  Code  Only 

Secondary  Processin^'^  5u"bindustries 

Oyster  Shell  Crushing     Independent  Code  Approved 
Processed  or  Refined 

Pish  Oil  (**)       "       »      " 

PERISHABILITY  OP  PRODUCTS  AM)  THE  TPJLDE  ORGANIZATION 

The  fact  which  chiefly  explains  the  specialized  organization  of 
the  vrholesale  distrihution  of  fishery  products,  and  the  intimate  connec- 
tion hetween  wholesaling  and  certain  kinds  of  processing,  and  tetween  the 
latter  and  the  primary  production,  is  the  extreme  perishability  of  the 
raT/  product.   Pish  and  shellfish  intended  to  be  canned  must  in  general  he 
processed  on  the  das'"  on  which  they  are  landed.   Pishing  craft  which 
operate  for  anything  hut  the  most  local  distribution  are  obliged  to  carry 
ice  to  prevent  the  deterioration  of  their  catches,  as  they  used  in  sail- 
ing vessel  days  to  carry  salt.  Practically  all  fresh  fish  and  shellfish 
must  be  packed  in  ice  for  .land  shipment,  and  must  be  transported  by  rail- 
way express  or  some  equally  rapid  service. 

These  cono-itions  cause  the  cost  of  distributing  fishery  products 
not  cp»nne6,,  smoked  or  salted  to  mount  rapidlj'-  with  the  radius,  and  put 
the  distant  s'lipplier  at  a  disadvantage  in  comparison  with  those  nearer  at 
hand.   They  have  also  greatly  affected  the  development  of  the  consumer 
demand  for  these  products,  as  an  increasing  proportion  of  the  population 
of  the  United  States  has  come  to  be  located  at  a  distance  from  the  oceaJi 
or  other  iiqportant  fish-producing,  waters. 

DISTRIBUTIOII  OP  KOIffERI  SUABLE  PRODUCTS 

The  nonperishable  processed  products  of  the  fisheries  -  that  is, 
canned,  smoked  and  salted  fish  and  shellfish  -  are  mainly  sold  by  the 
processors  to  the  general  wholesale  grocery  trade,  and  not  to  the  special- 
ized fish-distributing  trades  above  described.   These  operations  were 
specifically  excluded  from  the  jurisdiction  of  the  National  Pishery  Code 
and  its  supplements  by  paragraph  ( d)  of  Section  1  of  Article  II.   This 
provision,  slightly  paraphre.sed,  states  that  the  Pishery  Industrjr  includes 
the  wholesaling  of  fish  and  all  other  commercial  products  of  aquatic  life 

(*)  A  reduction  plant  converts  fishery  products  into  meal  and  oil,  as 
distinct  from  food  for  human:  consumption.   The  raw  material  may  be  the 
by-products  of  a, cannery,  or  the  reduction  plant  may  operate  independent- 
ly and  utilize  whole  fish. 

(**)  This  sub industry  is  included  in  the  classification  because  its  Code 
was  associated  with  the  fishery  codes  for  administrative  purposes.   It 
can^hardly  be  said,  however,  to  be  a  fishery  industry,  and  will  not  be 
discussed  further  in  this  report. 

9581 


-19- 

onlj   if  the  handler  or  distribntor  hr.s  ?lso  done  the  processing.   Since 
the  wholesale  grocery  concerns  that  distrihute  canned,  smoked  and  salted 
fishery  proCLUcts  have  not  done  any  processing  in  connection  with  the 
latter,  they  were  excluded  "by  definition.   The  term  processing,  for  this 
purpose,  was  defined  as  including  the  operations  described  above  as  pre-  ^ 
paring,  and  also  free?;ing  and  packing  in  ice  for  shipment. 

A  substantial  proportion  of  all  fishery  products  pass  throiogh  the 
hands  of  more  than  one  wholesaler.   In  many  cases  the  two  are  situated, 
respectively,  at,  or  near  the  port  of  landing  and  at  some  more  central 
distributing  point.   In  the  larger  cities  of  the-  country,  however,  there 
is  also  a  cla.ss  of  secondary  wholesalers  who  specialize  in  supplying 
hotels,  restaurants,  clubs,  institutions  and  railroad  and  steamship  com- 
panies.  These  are  soiuetimes  known  bjr  the  special  narae  of  "purveyors". 
As  a  rule  the  secondary  as  v/ell  as,  the  primary  wholesalers' who  distribute 
fresh  or  frozen  fishery  products  ha^ndle  the  latter  only. 

EETAIL  DISTBIB'UTIOIT  OF  FISHSEY  PRODUCTS 

The  retail  trade  in  fishery  products  is  partly  carried  on  by 
specialized  establishments  handling  little  or  nothing  except  fish  and 
shellfish,  and  partly  by  the  general  r etail  grocery  trade.  .According  to 
the  Census  of  Distribution  of  1929  there  were  in  that  year  6,077  special- 
ized seafood  stores  in  the  United  Sta~tes,  with  a  volxime  of  sales  amount- 
ing to  $83,700,000,.  The  number  of  retail  grocery  stores  and  meat  markets 
handling  fish  and  shellfish  along  with  other  lines  in  that  jeax   is  not 
known,  but  was  ma.ny  times  larger.  The  specialized  seafood  stores  tend  to 
be  concentrated  in  the  metropolitan  areas,  especially  on  the  seacoa.st, 
"and  in  other  communities  ?/here  fishing  is  an  important  local  industry. 

All  retail  trade  was  excluded  from  the  jurisdiction  of  the  fishery 
codes.  An' association  representing  the  specialized  retail  seafood  dealers 
of  greaoter  Uew  York  petitioned  for.  the  placing  of  this  part  of  the  retail 
business  within  the  jurisdiction  of  the  national  Code  (*) 

It  is  understood,  however,  that  an  adverse  decision  was  rendered. 
There  seems  to  be  no  record  of ,  this  decision  in  the  files,  but  it  was  ap- 
parently on  the  ground  that  the  drawing  of  sUch  a  distinction  between  the 
specialized  seafood  stores  and  the  general  retail  grocery  trade  was  not 
practicable. 

EXCLUSIOIf  OF  CSHTAIU  GROUPS  MOM  THE  FISHERY  CODE  INDUSTRY 

It  has  already  been  stated  that  certain  of  the  canning  subindustries 
expressed  their  xmwillingness  to  be  Included  in  the  Fishery  Industry  for 
the  purposes  of  the  ITatlonal  Code.  Ultimately,  petitions  for  exclusion, 
under  the  authority  of  Article  IX,  Section  4,  of  the  latter,  were  granted 
to  the  salmon,  tuna,  shrimp,  oyster  and  clam  products  canning  groups  (**) 

(*)  Fisherjr  Section  files:  national  Code,  Classification  Folder,  letters 
of  May  25  and  August  13,  1934. 

(**)  The  dockets  relating  to  the  granting  of  these  petitions  are  in  the 
Fishery  Section  files:  National  Code,  Exceptions  Folder:   Canned  Salmon 
Industry,  May  26,  1934;   CanJied  Tuna,  Shrimp  and  Oyster  Industries,  Septem- 
ber 24,  1934;  New  England  Clam  Canning  Industry,  November  14,  1934. 

9581 


-20- 

Tiie  Canned  Salnon  Indiistry  desired  and  received  an  independent  code. 
It  was  contended  that  its  size  and  iinportn.nce  justified  such  a  coiu-se, 
and  that  the  6.istinctness  of  its  prohlens  raade  it  unlikely  that  it  would 
derive  advantage  from  'ohe  activities  of  the  National  Code  Authority.   It 
was  later  found  that  the  latter  feelinf';;  er.isted  heneath  the  surface  in 
other  hranches  of  the  Industry  also,  thoUi.°;h  it  did  not  in  those  cases  re- 
sult in  an  effective  demand  for  independent  codes. 

The  petition  of  the  Tuna,  Slirimp,  Oyster  and  Clan  Canning  Industries 
was  that  they  he  made  suh.iect  to  the  Canning  Code.   The  granting  of  these 
petitions  was  recomiTiended  ty  the  Divisional  Administrator  mainly  on  the 
ground  that  the  desires  of  the  groups  concerned  should  riile.   There  \7as 
reason  to  thiiiLc,  however,  that  a  wish  to  tal^e  advantage  of  the  relatively 
long  Yrorking  hours  and  low  minimum  wages  established  hy  the  Canning  Code 
was  actuallj''  the  chief  motive.   So  far  as  this  was  correct  there  is  some 
question  whether  the  granting  of.  these  petitions  was  consistent  with  the 
hasic  policies  of  the  W.R.A. 

On  an  impartial  view  it  is  hard  to  avoid  the  conclLision  that,  while 
the  sales  problems  of  these  fish  and  shellfish  canning  industries  are  much 
like  those  of  the  Yvvlt  -and  Vegetable  Canning  Industry,  their  raw  material 
and  to  a  great  extent  'cheir  manufacturing  problems  liiik  them  more  closelj'' 
with  the  j'ishery  Industry.   They  really  constituted  therefore,  a,n  inter- 
mediate clo.ss.  :It  would  probablsr  have  been  wisest  to  treat  them  as  an 
independent  industry  or  group  of  in6u.stries;  but  a  well-integrated 
organization  wotild  certainly  tal-:e  accoimt  of  the  linlcs  that  connect  them 
both  with  the  fishery  and  with  the  Pruit  and  Vegetable  Canning  Industries. 

THE  FACTOa  03?  HfTBHSTiTE  THADB  -  THE  EAST 

The  proportion  of  the  products  of  the  fishery  industry  which  moves 
in  interstate  trade  is  very  substantial,  tho'ogh  it  varies  greatly  from 
one  branch  to  another,  and  is  at  present  kno\7n  only  approximately. 

Prom  information  obtained  in  part  at  public  hearings,  but  mainly 
from  subseqiient  conferences  with  industry  members,  it  would  appear  that 
of  the  total  volume  of  fisherjr  products  landed  in  Massachusetts  not  less 
than  70  or  75  per  cent  is  subsequently  shipped  in  a  fresh  or  prepared 
condition  to  other  states.   Of  the  volu'ne  handled  bjr  the  wholesale  trades 
of  the  T.ev   lork  metropolitan  area  fully  90  per  cent  come  from  without  the 
State,  b\it  probaily  not  more  than  X5  or  20  per  cent  are  again  shijjped 
outside. 

The  State  of  Pennsylvania,  including  the  greater  part  of  the  Phila- 
delphia metropolitan  area,  drav/s  almost  its  whole  supply  of  fishery 
products  from  outside  its  borders.   The  Baltimore  market  is  believed  to 
draw  about  half  its  supply  from  outside  Maryland,  and  reships  over  the 
state  line  not  much  less  than  that  proportion. 

At  least  80  per  cent  of  the  large  fisherj?-  production  of  Florida 
goes  outside  the  state.   For  the  remainder  of  the  South  there  are  no  pre- 
cise figures.   The  interstate  movement  must  be  s^^bstantial,  however, 
because  the  largest  centers  of  population,  except  New  Orleans,  are  located 
at  considerable  distances  inland,  and  are  not  in  Horth  Carolina,  Florida, 

9581 


-21- 

Mississippi  or  Louisiana  -  the  southern  states  most  important  for  their 
fishery  output. 

THE  PACIFIC  COAST  AIID  IMTEBSTATE  TRA.-DE 

Of  the  volume  of  fishery  products  landed,  in  California  60  to  55  per 
cent  are  consumed  "by  canneries  and  reduction  plants.   A  very  large  pro- 
portion of  the  canned  production  ~  prohably  not  less  than  80  or  90  per 
cent  -  is  shipped  to  other  states  or  exported.   The  same  is  true  of  the 
fish  oil.  A  large  part  of  the  fish  meal  is  consumed  "by  the  California 
Poultry  Industry;,  hut  a  suhstantial  and  increasing  proportion  is  shipped 
to  other  states.   The  35  to  40  per  cent  of  the  production  of  the  Cali- 
fornia fisheries  which  is  not  canned  or  reduced  to  meal  and  oil  is  mainly 
consxijned  vdthin  the^  state. 

An  overwhelming  proportion  of  the  fishery  production  of  Washington, 
Oregon  and  Alaska  consists  of  salmon,  herring  and  halihut,  with  the  minor 
species  caught  incidentally  hy  the  halihijit  fleet.   Prom  70  to  75  per  cent 
of  the  Alaska  production  is  accounted  for  hy  the  salmon  consumed  hy  the 
canneries,  and  another  20  per  cent  by  the  herring,  which  are  to  some 
extent  used  for  "ba,it  and  to  some  extent  salted  for  human  consuinption,  hut 
are  largely  reduced  to  meal  and  oil.   Almost  all  this  90  or  95  per  cent  of 
the  prod\iction  is  ^shipped  out  of  the  Territory. 

Of  the  salmon  production  of  Washington  and  Oregon  ahout  25  per  cent 
is  canned,  and  of  this  at  least  95  per  cent  is  shipped  out  of  the  state 
in  which  it  was  produced.   Of  the  salmon  production  which  is  cons"uuned  in 
a  fresh,  mild-cured  or  smoked  state,  and  of  the  halihut  catch  (which  is 
all  consumed  fresh  or  frozen),  ahout  75  per  cent  is  shipped  to  other 
states. 

On  the  "basis  of-  these  approximate  figures  it  may  he  estimated  rough- 
ly that  not  less  than  two-^thirds  of  the  fishery  production  of  the  "[Jnited 
States,  and  prohahly  more,  moves  at  least  once,  at  some  stage  of  its 
preparation  or  vrholesale  distri'bution,  in  interstate  trade. 

TRADE  ORG-AIIIZATIOHS 

Trade  organizations  in  the  Fishery  Industr;;-  "before  the  institution 
of  the  U'.H.A.  were  numerous;  hut  T;ith  few  exceptions  of  consequence  they 
were  neither  efficient  nor  influential.   Most  of  them  were  very  local  in 
scope.   This  v/as  due,  of  course,  to  the  limitations  on  large  scale  dis- 
trihution  imposed- "by  the  perishability,  of  fishery  products,  and  to  the 
great  number  and  small  average  size  of  the  enterprises  composing  the 
Industry. 

On  the  whole  the  national  associations  that  had  been  established 
had  shown  little  vitality.   This  was  true  of  the  United  States  Fisheries 
Association,  which  had  for  some  time,  been  nearly  or  quite  dormant  when 
it  was  reorganized  for  the  purpose  of  sponsoring  the  national  Code.  The 
individualistic  psychology  of  the  Industry's  members  had  always  made  it  . 
difficult  to  obtain  cooperative  section  and  to  collect  dues  for  common 
purposes;  and  this  latter  difficulty  was  of  course  accentuated  by  the 
financial  condition  of  most  of  the  component  enterprises  during  the  de- 
pression. 

9581 


The  lar^ost  concerns  in  the  Canned  Salmon  Industry  were  memlDers  of 
an  affiliate  of  the  National  Canners  Association,  though  there  was  also 
another  local  association  in  the  Pacific  llorthy/est .   The  Fresh  Oyster 
Industry  had  an  association  of  long  standing  (The  Oyster  Growers  and 
De-alers  Association  of  Eorth  iunerica).  A   large  proportion  of  the  other 
trade  associations  which  presented  fisher^  codes,  however,  were  created 
for  the  purpose.   Little  information  is  at  present  available  as  to  what 
has  hecorne  of  these  associations,  other  than  the  small  minority  of  well 
established  ones,  since  the  codes  were  suspended.   The  impression  is, 
however,  that  most  of  them  are  dormant,  if  not  practically  disbanded. 

AJVAllTAGE  OF  A  COM  SYSTSi.i  WITH  HESPECT  TO  TRADE  ORGAI^riZATlOM 

One  of  the  chief  potentia^l  advantages  that  the  code  system  promised 
for  the  Eisherj'-  Industr;-  was  the  encouragement  of  the  habit  of  trade 
organization  and  of  cooperative  activity.   If  the  codes  had  been  in  exist- 
ence longer,  and  if  their  administrative  bodies  had  got  well  organized 
and  had  had  a  reasonable  period  of  smooth  sailing,  it  is  likely  that  these 
habits  vrould  hs,ve  become  established,  independently  of  the  codes.   As 
things  vrere,  however,  the  6.isappointment  with  the  results  of  the  latter 
adverselj''  affected  the  associations  as  well. 

It  seems  doubtful  whether,  under  the  unfavorable  conditions  of  the 
Industr;^,  efficient  trade  organization  will  now  develop  spontaneously 
in  the  Fishery  Industry.   Yet  hardly  any  industrjr  is  more  in  need  of  co- 
operative organization  for  dealing  with  its  problems.   Some  system 
analogous  to  the  II. R. A.  ,  even  if  the  element  of  coercion  were  largely 
discarded,  might  still  prove  of  great  value  in  supplying  an  incentive  for 
such  a  development .  ■ 

LABOR  ORgMTIZATIOE  '-  GEI^IERAL 

The  conditions  just  described  as  accounting  for  the  weakness  of 
trade  associations  in  the  Fishery  Industry  also  explain  in  part  the  rela- 
tive lack  of  influential  labor  organizations.   The  latter  fact,  however, 
is  also  due  partly  to  the  comparatively  small  prop-ortion  of  the  personnel 
who  can  be  described  as  employees,  and  to  the  fact  that  a  great  many  even 
of  those  who  may  be  so  designated  merit  the  description  in  a  qualified 
sense  only.   The  perishability  of  the  products  of  the  Industry,  moreover, 
and  the  small  size  of  most  of  its  units  have  made  it  comparatively  easy 
for  workers  to  obtain  concessions  from  their  employers  without  much 
formal  organization  or  resort  to  prolonged  strikes. 

LABOR  ORGAMIZATIOII  IIT  THE  FROGESSIIIG  Alg).  WHOLESALING  IHDUSTRIES 

,  The  woi-kers  in  some  of  the  fishery  canning  industries  are  organized 
in  labor  unions  of  the  ordinary  type.   In  the  case  of  the  Canned  Salmon 
Industry  the  situation  is  complicated  by  the  divergent  conditions'  in  the 
canneries  in  Alaska  and  in  the  United  States  proper,  and  by  the  distinc- 
tions between  the  white  and  the  Oriental  workers  brought  from  the  United 
States,  and  between  these  and  the  Alaska  resi6.ents,  a  third  of  whom  are 
Indians.  As  a  result  a  number  of  different  labor  organizations  have  been 
active  in  this  laartic-alar  field. 


9581 


-23- 


The  enrployees  of  the  preparing  and  wholesaling  trades  in  some  of 
the  large  eastern  centers,  particularly  New  York  City,  are  strongly  xmion— 
ized  and  in  consequence  receive  relatively  high  wages. 

LAEOa  ACTIVITY  IN  TIIE  FISHERIES  PROPER 

In  the  parts  of  the  primary  producing  industry  in  which  the  status 
of  einployees  approxiraa.tes  most  closely  to  that  of  wage  earners  in  the 
ordinary  sense,  and  particularly  in  the  New  England  groundfishery,  there 
has  heen  a  good  deal  of  activity  on  the  part  of  fishermen's  "bodies  which 
may  he  called  lahor  unions. 

Most  other  organizations  of  fishermen,  however,  while  partaking  of 
the  characteristics  of  hoth  trade  associations  and  lahor  unions,  verge 
rather  toward  the  former.   If  they  do  not  include  fishermen  working  on 
shares  as  well  as  owners  of  fishing  craft  in  their  memhership,  they  have 
heen  looked  on  as  representing  more  or  less  the  interests  of  "both  class- 
es. At  the  hearing  on  the  proposed  Siipplementary  Code  for  the  Florida 
Fisheries  the  cleavage  of  interest  and  of  opinion  was  ohviously  not 
"between  the  owners  of  fishing  "boats  and  their  crews,  "but  "between  the 
independent  "boat  owners  and  their  employee  fishermen  on  the  one  side  and 
the  wholesaler  "boa,t  owners  on  the  other. 

Except  in  those  tranches  of  the  Industry  in  which  a  "beginning 
has  already  "been  made  in  building  -up  la'bor  organizations  in  the  ordinary 
sense,  it  is  doubtful  whether  further  spontaneous  development  in  that 
direction  is  to  "be  looked  for.   Insofar  as  t"he  pro"blems  of  a  majority  of 
fishermen  who  work  on  shares  can  "be  descri"bed  as  la"bor  pro"blems  at  all, 
they  would  proha"bly  be  most  effectively  dealt  with,  along  with  those  of 
the  owners  of  the  small  enterprises  that  eniploy  them,  loj   trade  associa- 
tions including  both  classes,  provided  only  that  the  latter  were 
organized  with  s-'off icient  flsxibility"  for  the  purpose. 


9581 


"24- 

CEAPTER  II 

THE  PEODTjCTIOI-T  OE  THE  INDUSTRY 

TIIB  GROSS  VOLn^E  OF  BUSIEESS  •  •    ■ 

Since   the  Fishery  Industry,   as  defined  for  code  purposes,    included 
the  wholesaling  and  processing  industries  as  well  as  the  primary  produc- 
tion,   the  volume   of  "business  that   came  within,  the   jurisdiction  of   these 
codes  represented  the  handling  of  almost   all  fish  and  shellfish  at   least 
twice,    and  to   a  considerahle   extent   three   times. 

The   available  data  for  the  gross  volume  of  "business  covered  "by  these 
codes  are   shoTsn,    for  1929   and  19.33,    in  Ta'ble  I.      These  figures,   however, 
are  not  very  satisfactory,    and  some  ejcplanation  is  necessary  to  prevent 
the  dra.wing  of   incorrect    conclusions  from  them. 

The  volume   of   sales   reported  oj  the   Census   of  Distri"bution  for  1929 
covered  only  1,448  esta'blishments,    whereas   the  Bureau  of  Fisheries  for 
the   sa;ne  year  reported  data  for  ahout   2,000   v/holesaling  units,    and  this 
total   in  its  turn  is  known  not   to  have  "been  quite   coroplete.      The   volume 
of  wholesale   distri"b\ition  in  1929  viras   therefore    somewhat   in  excess  of  the 
$243,582,000   sho\7n  in  Ta'ble   I.       ' 

TjffiLE   I 

GROSS  VOLUl'IE  OF  SALES  OF  THE  FISEEHY  IlipUSTRY, 
,      ,  BY- MAIN  DIVISIONS,    1929  MD  1933"' 

Division      .    .     ;  "Qnit    Sales  '   '       ■ 

.■  ,    .  (in  thousands) 

1933         ■'  1929     ■■      ■         ■  ■   . 

Total                              $334,082  a/  $504,911 

primary  production                60,113a/  123,054  t/ 

Wholesale  Distri"bution     156,585  243,682 

processing                                107,384  c/  138,175  h/ 

Source:      Bureau  of  Fisheries,    Fishery  Industries  of  the 

United  States,    1930,   pp.    133,    142;    1934,   p.    115. 
Census  .  of  Wholesale  Distri'bution,    1953, 
Vol.    I,   p.    A-3. 

a/  Estimated  in  part   "by  the   author, 

^/  Data  for  the  Mississippi  River  area  included  in  these 

figures  are  for  1922;    1929   data  for  this  area  are  not 
available. 

c/  Data  for  the   South  Atlantic  and  Gulf  and  the  Great  Lakes 

preas,    included  in  these   figures  are  for  1932;    those  for 
the  Mississippi  River  area  are  for  1931, 
9581 


"25- 

For  1933  the   CensTis  of  DistrilDution  reported  data  for  1,880  whole- 
sale  seai"ood  estfLblishments.      The  actual  nura'ber   certainly  did  not   increase 
to    say  such  extent  from  1929   to   1933,    ejid  nore  protahly  decreased.      The 
only  likely  explanatioii  of  the   discrepancy  is  that   the   1933  canvass  was 
considera"bly  more   complete  than  the  earlier  one.     Moreover,    though  some 
of  the  items  of  cost  which  account  for  the   spread  bet^^een  the  prices  paid 
for  fish  and  shellfish  to  primary  producers  and  those  received  "by  whole- 
salers are  knoT?/n  to  he  very  inelastic,    this  fact   would  prohahly  not  he 
sufficient   to  account  for  the  increase  in  the  ratio  of   the  latter  price 
to   the  former  from  approximately  two  for  one   in  1929   to  nearly  three  for 
one   in  19 33, 

It   is  fairly  certain,    therefore,    that   while  the  gross  volume   of 
sales  of  the  Pishery  Industry  as  shown  in  Tahle  I   is  too  low  for  "both 
1929   and  1933,    the  figure  for  the  latter  year  is   relatively  a  good  deal 
higher  than  that   for  1929.,    and  is   consequently  not   comparahle  with  the 
latter.      The   true  totals  are  unknown,    hut   estimates  of   $550,000,000  for 
1929  and  of   $350,000,000  for  1933  would  prohahly  not   he  far  wrong. 


Tor  the    sales  volume   of   the  preparing  and  wholesaling  trades   there 
are  no   data  more   recent   that   those  for  1933;    hut   the  gross   total  for  the 
Industry  in  1934,    coi^Tparahle   with  the  figures   just   given,   may  not  have 
heen  far  from  $450,000,000,    with  totals  for  the   country  at  large,    for 
1933,    1929   and  1908.      The  latter  was  the  year  of   the  last    countrywide 
survey  prior  to  1929.      The   figures  for  the   South  Atlantic  and  Gulf,    the 
Great  Lslces  and  the  Missipsippi   River  areas  for  1933  have  had  to  he 
estimated. 

TABLE  II 

QPMTITY  MB   VALUE  01   TI-IE  EISHEEY  CATCH, 
BY  ABEA,  1908,  1929  At^D  1933 
(in  Thousands  of  pounds  and  Thousands  of  Dollars) 


Area 

1933, 

1929 

1908 

Qjiantity 

Value 

Qp.antity 

Valu-a 

Quantity 

Value 

Total 

U.S.*. 

and  Alaska     2,908,004a/ 

60,113a/   3 

,567,277 

123,054 

2,111,267 

57,389a/ 

New  England       499,936 

13,486 

694,286 

29,072 

( 

I'iiddle  At-          169,753 

4,811 

190,773 

14,138 

( 

lantic 

( 

Chesapeake     ■     272,380 

5,961 

274,674 

11,581 

(1,462,388 

40,299 

South  Atlantic 

\ 

&  Gulf 

335,000h/ 

6,938h/ 

535,395 

14,904 

Great  L; 

alces          65,000h/ 

4,671h/ 

85,389 

6,788 

106,632 

3,767 

Pacific 

860,161 

13,988       1 

,034,434 

25,038 

176,150 

6,839 

Kississip-oi          75,000h/ 

2,000h/ 

100,903c 

/        4,449c/ 

148,284 

3,125 

River 

Alaska 

630,774 

9,158 

651,423 

17,084 

217,813 

3,359L/ 

Source: 

Bureau  of   the   Census,   Fisheries  of 

the  United 

States,    1908 

pp.26 

and  299;    Bureau 

of  Eisheri 

Bs,   Eishe 

ry  Industries  of   the  United 

States,    1930,   p. 

133;    1934 

,   p.    98 

a/ 

Estimated  in  part   \)j  the  author. 

^ 

Estimated  hy  the   author. 

c/ 

1922  figures;    1929   figures 

not  aval 

lahle. 

9581 

No  compiled  figures  for  the  landings  of  fishery  products  in  1934 
are  as  yet  available.   From  prelim  nary  data,- hov/ever,  the  total  quan~ 
tity  may  te  estimated  at  3,350,000,000  pounds,  and  the  value  at"  $79,500,- 
000.   These  figures  indicate-  an' increase  of  approximately  16  per  cent  in 
quantity  and  of  33  per  cent  in' value  from  1933.   They  are  only  ahout 
seven  per  cent  helow  the  quantity  of  1929,  but  35  per  cent  "below  the 
value. 

If  the  quajitity  landings  of  fishery  products  from  1929  to  1934  are 
averaged,  it  appears  that  there  has  "been  an  increase  of  ahout  44  per 
cent  since  1908,   This  is  a  substantial  gain;  but  it  has  been-  distrib- 
uted very  unequally  betvireen  the  various  sections  of  the  country, 

Prom  1929  to  1933  the  quantity  of  fishery  products  fell  off  by 
approximately  19  per  cent.   This  was  a  substantial  decline  for  a  staple 
class  of  foodstuffs,  and  points  to  a  competitive  situation  unfavorable 
to  the  Fishery  Industry  under  depression  conditions, 

THE  OUTSTMDIHG  SFEGIES 

The  total  landings  of  fish  and  shellfish  are  made  up  of  about  150 
species  or  group's  of  species.   The  backbone  of  the  Industry,  however, 
consists  of  12  such  groups,  which  account  for -about  80  per  cent  of  the 
annual  total  of  edible  species  (*),   Table  HI  shows  the  quantity  and 
value  of  these  12  groups  in  1933,  1929  and  1908,- ' 

The  following  quotation  from  Fishery  Industries  of  the  United 
States,  1929  (**),  summarizes  the, manner  in  which  these  major  fishery 
products  are  uti^lizea,  and -the  parts  of-  the  couatry  with  which  their 
production  is  associated.- 

"Of  first  importance  is  .the  salmon,  which  forms  the  basis  of 
a  va.luable  canning  industry  on  our  Pacific  coast  from  California 
north  to  the  Bering  Sea.   Of  second  importance  is  the  pilchard, 
which  is  utilized  in  California  for  the  canning  of  sardines.   Had- 
dock, which  is  taken  on  our  North  Atlantic  seaboard,  is  third  in 
importpnce,  and  is  used  mainly  for  manufacture  into  fillets,  which 
is  the  basis  of  the  rapidly, expanding  fresh  and  frozen  package 
fish  trade.   Sea  herring  arg  fourth  in  importance.  These-  fish  are 
used  extensively  in  Maine  for  canning  as  sardines,  in  Alaska  and 
lew  England  for  salting  and.  smoking,  and  large  quantities  also 
are  frozen, for  use  as  bait. 

"Oysters  arefifth  in  importance.  : These  are- taken  commercial- 
ly in  nearly  every  seacoast • State,  Those  taken  in  the  more  northern 
latitudes  generally  are  marketed  fresh,  while  those  taken  in  the 
sou.thern  states  form  the  basis  for  an  extensive  canning  industry. 
Shrimp  are  sixth  in  importance  and  f  oi-Tn- the  basis- for  the  rapidly 
growing  canning  industry  along  the  South  Atlantic  and  Q-ulf  coasts, 

*  The  only  inedible  species  of  major  inroortance  is  the- menhaden.  If 
the  catch  of  the  latter  is  subtracted  from  the  totals- of  Table  II, 
the  totals  of  Table  III  represent  approximately  80  per  cent  of  the 
remainder, 

**  Bureau  of  Fisheries:   Fisheries  Document  No,  1095,  pages  727-728, 

9581 


-27-  ■ 

Cod,  wliich  is  seventh  in  importance,  is  talcen  mainly  in  the  vessel 
fisheries  prosecuted  from  the  Hew  England  States,  and  is  used  ex- 
tensively for  salting.  Mackerals,  eithth  in  importance,  are  taken 
in  our  iTorth  Atlantic  sections  and  also  in  California.   Those  on 
the  Atlantic  sea„l)oo.rd  are  majrketed  ma,inly  fresh  and  frozen;  al- 
though considerable  quantities  are  salted  and  canned;  while  those 
taken  in  California  are  used  almost  entirely  for  canning, 

"Flounders,  which  rank  ninth  in  importance,  are  talcen  in  the 
marine  fisheries  of  all  sections.   Tuna  and  tunalike  fishes, 
tenth  in  importance,  are  native  to  the  waters  of  California,  and 
the  high  seas  of  the  Pacific  south  from  that  State  to  Chile.   These 
fishes  form  the  hasis  for  an  important  canning  industry  in  Califor- 
nia.  Halitut,  which  are  of  eleventh  importance  in  volume,  are 
taken  principally  in  the  North  Pacific,  ajid  are  distributed  in  the 
fresh  and  frozen  condition  to  all  parts  of  the  coiontry.   Crabs, 
which  a„re  of  twelfth  importance,  are  taken  chiefly  in  the  Chesa- 
peake Bay  region,  where  thej  form  one  of  the  most  important  fish- 
eries there." 

The  prominent  position  of  salmon  and  pilchard  in  Table  III,  and  in 
■less  degree  tha„t  of  tuna  and  halibrat ,  is  a  measure  of  the  great  relative 
importsiice  at  the  present  time  of  the  fisheries  of  the  pacific  coast 
axid  Alaska.  The  growth  of  these  Pacific  fisheries  to  their  present 
position  is  in  large  part  a  development  of  the  past  25  years.  Prior  to' 
1910  or  thereabouts  the  relative  importance  of  the  cod,  haddock  and 
ma,ckeral  fisheries  of  Hew  England,  of  the  oyster  fisheries  of  Rhode 
Island  and  Connecticut,  the  Middle  Atlantic  coast  and  the  Chesapeake 
area,  and  of  the  menhaden  and  shrimp  fisheries  of  the  South,  was 
substantially  greater  than  it  is  now, 

THE  EJCPORT  THA33E 

The  Fishery  Industry  is  not, a  contributor  of  the  first  importance 
to  the  export  trade  of  the  United  States.   The  nearest  to  an  exception 
to  this  statement  is  supplied  by  the  exportations  of  canned  salmon  and 
sardines.   These  have  contributed  to  the  cheap  seafood  supply  of  the 
Orient,  Latin  America  ;and  the  Mediterranean  countries,  and  have  to  a 
considerable  extent  replaced  on  the  list  of  our  exports  the  salt  cod- 
fish at  one  time  so  extensively  shipped  to  the  same  destinations  from 
Hew  England.  Exportations  of  fresh  or  frozen  fishery  products  are 
very  limited. 

Table  IV  presents  the  outstanding  figures  for  the  export  of 
fishery  products  for  recent  years. 

THE  COIIPETITIOH  OF  IIilPORTS 

Importations  of  fishery  products  into  the  United  States  are  not  an 
extremely  inroortant  item  in  our  inward  foreign  trade;  but  they  are  so 
distributed  as  to  constitute  competition  of  a,  serious  kind  for  certain 
branches  of  the  Industry.   Save  for  one  or  two  items  practically  all  our 
imports  of  fresh  and  frozen  fishery  products  come  fron  Canada.   The  ex- 
ceptions consist  of  the  frozen  svrordfish  and  tuna,  which  of  recent  years 
ha.s  been  brought  in  on  an  increasing  scale  from  Japan, 

9581 


-28- 


T13LS  III 


QUMTITY  Al'ID  ViilUE  OF  ..THE  nSIST/  CATCH,    3Y  12 
IMPOHTiaTT   SPECIES.    1908,    1929  j\iID  1933 

(in  Thousands   of  pounds  and  Thousands  of  Dollars) 


Species 


1953 


Quantity         V;ilue 


1929 


1908 


Qiiantity     Value 


Quant  i  t  y       Value 


Total,    all 
Species  2,908,004a/ 


60,113a/        3,567,277     123,054     2,111,267      57,389a/' 


Total,   12 

Group  s            2 

,119,511a/ 

39 , 164a/ 

2,573,741 

80,196 

971,430 

29,065 

Salmon 

574,066 

12,172 

584,539 

20,464 

.   289,371 

5,5301)// 

Pilchard  or   Call 

_ 

fornia  Sardine 

509,805 

1,505 

■      651,802 

3,588 

4,638 

30 

Haddock 

168,613 

3,894     ■ 

261,653 

9,142 

59,^988 

1 ,  308 

Herring 

202,234 

1,110 

283,355 

2,480 

168,265 

1,809 

Oysters 

•   70,808t/ 

5,715h/ 

152,143 

17,074 

178,293 

12,721 

Shrimp 

102,633d/ 

1 ,  919;b/ 

■     113,263 

4,575 

19,080 

494 

Cod 

123,998 

2, 231 

115,652 

3,541 

115,455 

3,049 

Hacker  el 

111.152 

•1,321 

122,094 

3,277 

11,842 

864 

Flounders 

60,716 

.  2,103 

75,329 

3,479 

23,354 

538  ; 

Tuna 

■  71,026 

2,977 

75,524 

3,938 

359 

12 

Hal  i  tut 

42,639 

2,537 

55,297 

6,413 

40,133 

1,718    '■ 

Crats 

81,821 

1,630 

82,089 

2,225 

60,651 

942 

Source: 
a/ 

9581 


Bureau  of   the  Census,   Fisheries   of   the  United  States,   1908,  pp.    30 
and  298:      Bureau  of  Fisheries,    Fishery  industries  of  the  United 
States.' 1930,   pp.    38,    139,   140;    1934,  pp.    103-6. 

Fstime.ted  in  part   "by  the   author. 

Estimated  "by  the   author. 


-29-  ■• 

Tlie  fisheries  of  New  England  have   to'  meet    the  .conipetition  of  ground- 
fish,   mackeral  and  lobsters  imported  from   the  maritime  provinces   of 
Canada.      The  American  craft   on  the  G-reat  Lalres  have   to  meet    that   of   the 
Canadian  -products  of   the    same  "bodies  of  water  and  of   the   interior  lakes 
of  the  prairie  provinces.      The  halihut   fishery  of   the  Pacific  northwest        » 
has  to    fcope  the   coriipetition  of   the  British  Columtia,  catch. 

TABLE   IV 

■    EXPORTS  OE  FISHERY  PRODUCTS,  BY  KIHi)  OE  PRODUCT, 
1929,  1933  AKD  1934  • 
(Values  Expressed  in  Thousands  of  Dollars) 

f — — 

Kind  of  Unit   of  1934  1933  1929 

Product  Quantity       -:       ttt        ~~         .7       771  ~  7       177  77 

■Quantity     Value     Quantity         Value     Qjiantity       Velue 

Total  Value        '     —        14,032  8,512  24,275 

Eish  ajid  Shell- 
fish,  Eresh  or 

.Frozen  1,000  lbs.      17,349  1,461  16,294       1,458  18,179  2,510 

i;ish  and  Shell- 
fish,   Canned, 

Preserved,    1,000  Ihs.      98,826       10,542  64,072.      5,917        195,130        20,991 

etc. 

Eish  Oils        1,000  lbs,        6,364  194        ■     5,849  163  1,120  95 

Sponges  1,000  lbs.  83      '    '      93  72  68  124  152 

Oyster   -      "  ■  . 
shells  1,000  lbs.    114,699  360        127,680  385  95,867  444 

Eish  Meal 
for  Feed       1,000  lbs.      50,995  1,172  17,736  346  .  

Pearl  or  Shell 
Buttons  1,000  gross  753a/  210a/  792a/        175a/  242  83 

Source:      Foreign  Commerce   and  Navigation,    1930,   pp.    XVIII   and  XL;   Monthly 
Suiimary,   December,    1933,   pp.    3,    4,    16;   Honthly  Summary,    December, 
1934,   p.    6.  ' 

a/  Includes   other  buttons. 

Underlying  conditions  make  .this   Canadian  competition  more   serious 
than  might   appear  on  the   surface.      The  population  of   the  parts  of   Canada 
in  which  the  fisheries  of   tha,t   country  are  localized  is  much  less   dense 
than  tha±   of   the   adjoining  portions   of   the  United  States,      This  means 
that   the   Canadian  fisheries  have  in  general  been  less   depleted,    so   that 
they  provide   relatively  larger   sttpplies  with  less  expenditure  of   effort. 


9581 


-30- 

The   domestic  market   for  the   Canadian  production  is  relatively  less   im- 
portant  than'  in  the   case  of  our  oT/Ti  industry.     The  Canadian  fishing  dis- 
tricts,  moreover,    tend  to  he   characterized'  by  a  sinii.)le    standard  and  a 
low  cost   of  living,  ■  :    .     ; 


The  recent   development   of   an  import   tra,de   in 
tuna  from  Japan  has  "been  mentioned.      That    country 
United  States   consideraDle   quantities  of   canned  fi 
has  recently  developed  a  trade  in  fish  meal   for  us 
as  p 011.1  try  feed.      Japan  has  a  much  denser  populati 
domestic  consuiiiption  of  fishery  products   than  has 
eries  and  the   industries   affiliated  with  them  have 
intelligently  developed,    and  it  has  the  advantage 
lahor  at  low  wages. 


frozen   swordfish  and 
also   ships  to   the 
sh  and  shellfish,   and 
e  as  fertilizer  and 
on  and  a  far  larger 
Canada;   hat  its  fish- 
heen  intensively  and 
of  ahundant   skilled 


Tahle  V  sixmmarizes  the  outstanding  figures  for  the  development   of 
the  import    trade   of  the  United  States  in  fishery  products. 

TABLE  V 

GEIJERAL   IMPORTS  OF  FISHERY  PRODUCTS,   BY  KIIID  OP  PRODUCT, 
.    ..       -  .  1929,    1933  ittlD  1934    . 

(Values  Expressed  in  Thousands  of  Dollars)   ■ 


Kind  of 
Product 


Unit   of 
Qp.antitj'' 


1934 


1933 


1929 


(Quantity     Value     Quantity    -Value     Qp.ahtity     Value 


Total  Value  29,559  

Pish  &  Shellfish, 

Eresh  or  frozen  1,000  lhs.l37,?87       9,118     118,665 
Fish  &   Shellfish, 
Canned,   pre- 

1,000  ros.148,365     14,008      169,746 
1,000  gals.    8,019        3,775  6,463 


served,    etc. 

Fish  Oils 

Shells,   Unmanu- 
factured 

Siponges  and 
Manufacture  s- 

Pearl  or  Shell 
Buttons 

Fish  Scrap   aiid 
Fish  iieal 


1,000  Ihs;      9,010  ..•973  ■.■9,503 

1,000  Ihs.          479  388  465 

1,000  gross    ■■    849  '      301  1,030 

1,000  Ihs.    79,905  996  59,418 


27,090               53,230 

,7,650  193,211  15,787 

14,498  176,346  23,985 

2,365  17,983  8,971 

1,186  : 17, 693  2,918 

375  965  1,183 

326  830  436 

689 


Source:  Foreign  Conroerce  and  Navigation, 
lionthly  Summary,  Deceinher,  1933 , 
Secemher,    1934,      pp..    19   and  28. 


1930,  pp.   XLI   and  XLIII; 

pp.    17  and  27;   Monthly  Summary, 


9581 


1- 


THE  ?E?.  CiPITA  SEMimP  FOE  FISHERY  PRODUCTS 


The  per  capita  consiimption  of  fi 
is  small  in  corp arisen  V7ith.  tha.t  of  m 
is  iDrought  out  "by  the  data  in  TaDle  V 
in  the  fact  that  a  relatively  larre  p 
at  the  present  tine  lives  at  a  dir.'.t;u 
products  in  large  quantities.  Irnprov 
commodities  can  he  shipped  into  the  i 
keeping  them  from  spoiling  in  troiisit 
overcoming  this  difficulty.  The  cost 
durirg    shipment,    however,    mounts  rapi 


shery  products  in   the  United   States 
ost    other  incort'Mit    countries.      This 
I.      The   erplanaticu,    of   course,    lies^ 
ronortion  of   the  Ajiericnn  popula,tion 
ce  froa  weters   supplying  fishery 
eiients  in  the   speed  with  which  such 
ulterior,    and  in  the  facilities  for 
J    have   accoiuplished  something  toward 
of  the  preservation  of  fresh  fish    ■ 
dly  \7ith  the  distance. 


TIe    earliest    settlers,    during  the  first  lean  years  hefore   they 
"became  well   esta"blished  as  farmers  tuid  stock  raisers,    were   relatively 
dependent   for  food  on  the   a"bundant   and  easily  exploited   supplies  of  fish 
and   shellfish  available   in  their  new  homes.      Froni  the   Indians  they  learned 
"both  methods   of   catching  these  products  and  the  ha"bit    of  giving  them  a 
prominent  place   in  their  diet.      Later  there  developed  an  important   export 
trade  in  salt   fish  with  the  West   Indies  and  Latin  America. 

DBCLII-IE   m  COWSmiER  DEMAND  IK  THE  KIl^TEEiJTH  CEIITUHY 


Until   the   1870«i  or  the  1880' s   there   continued  to   he  a  relativelj'' 
large   con  swap  t  ion  of   salt   fish  away  from  the   sea'board.      With  the  develop- 
ment  of   the  large-scale   distri'bution  of  fresh  neat   in  refrigerated  ca.rs, 
however,    and  with  the   rise   in  the  West   of  generations  vhicli  had  never  had 
access   to   siipplies  of  fresh  fish,    and  which  had  lost   the  habit    of  includ- 
ing then  in  their  diet,    the  demand  for   such  salted  products  fell   off. 
The  ITorth  Atlantic  mackerel   catch,    which  may  be  taken  as  an  illustrative 
Ciise,   had  exceeded  a  hundred  million  pounds  in  abo-at  h<?.lf  the  years  from 
1845  to  1885.      From  the  latter  date   to   1925,    ho-.7ever,    this   catch  never 
reached  50,000,000  pounds  and  exceeded  25,000,000   in  onl3^  five  or   six 
years, 

TABLE    vl 

PEH  CAPITA  COFSUliPTIOil  OF  FISH  A?"D   SHELLFISH 
m   CEHTAIH  CCUITTFJSS   IIT  RECSIIT   YEARS   a/ 


per 

Capita 

per  Capita 

Country 

Con 

suraption 

Country 

Consumption 

(P 

ou-nds) 

(Founds) 

Japan 

55 

S-pain 

16 

Sweden 

52  . 

France 

14 

Norway 

44  -^ 

Ul'ITED  STATES 

13 

Denmark 

39 

■  Australia 

13 

Portugal 

S7 

Uiuguay 

12 

England  ; 

?nd  Wales 

35 

Ai-gentian 

10 

Canada 

29 

Italy 

9 

lletherlai 

ads 

29 

Chile 

8 

Germany 

18 

Egypt 

7 

Belgium 

17 

Source: 

Fishing  G-azette,  Febru.ary, 

1935,  -pp.  9, 

10. 

a/ 

The  United  States  figure  is  as  of  1931; 

the  figures  for  other 

countries  as 

of  various  re 

cent  years. 

9581 

-32- 

Within  the  past  20  years  the  development  of  the  Pacific  coast  fish- 
eries and  the  growth  of  large  cities  in  that  part  of  the  coiontry  have 
done  something  to  offset  the  conditions  just  descrihed.   This  is  why  the 
per  capita  demand  for  fishery  products  during  recent  years  has  "been  great- 
er than  that  indicated  hy  the  Census  of  1908.   It  is  not  likely,  however, 
that  the  average  has  "been  as  large  at  any  tine  during  the  past  two  gener- 
ations as  it  was  earlier  in  the  nineteenth  Century. 

mimVOIlABLS  C0MPETITIV3  FOglTIOlT  MP  POSgiELS  IM.IEI)IES 

This  decline  in  the  relative  importance  of  fishery  products  in  the 
American  dietary  has  put  the  Industry  in  an  unfavorable  position  in  com- 
petition with  other  protein  foods,  v/hen  price  relationships  have  been 
adverse.   So  far  as  this  disadvantage  can  he  overcome,  it  will  have  to  he 
done  partly  by  publicity  and  by  the  encouragement  of  the  consumer  to  de- 
sire more  fish  and  shellfish,  and  partly  by  improvements  in  trade  organi- 
zation and  in  the  facilities  for  distribution  from  the  ports  of  landing 
over  an  increasing  radius.   The  development  of  the  packaged  fish  trade 
out  of  Boston  has  already,  within  the  last  15  years,  brought  about  a  def- 
inite improvement  in  the  latter  respect. 

THE  miUBAL  SUPPLY  AIID  THE  PROBLEM  OB"'  GOITSEEVATIOU 

The  natural  supply  of  aquatic  life  from  which  the  production  of  the 
fisheries  is  drawn  is  not  unlimited.   In  certain  directions  the  activi- 
ties of  the  Industrjr  have,  during  the  past  generation  or  two,  encroached 
on  it  seriously. 

The  greatest  danger  of  such  encroachment  exists,  first,  in  the  case 
of  enclosed  or  semi-enclosed  waters  like  the  Great  Lakes  sjid  Chesapeal-e 
Bay;  ^lecond,  in  that  of  sessile  species  like  oysters  and  clams;  and  third, 
in  that  of  fish  the  propagation  of  which  is  dependent  on  njigration  into 
rivers  to  spama,  as  in  the  case  of  salnon,  shad  and  sturgeon.   The  extent 
of  the  danger  of  encroachment  on  the  supply  of  free-swimming  pelagic 
species  is  a  matter  of  controversy.   In  the  case  of  the  groundfisheiy  on 
the  Newfoundland  banks,  which  have  been  exploited  over  a  long  period  in 
relatively  shallow  waters,  the  fishing  fleets  have  of  late  years  had  to 
move  the  main  center  of  their  operations  several  hundred  miles  further 
from  the  Horth  Atlantic  ports  than  was  formerly  the  case.  With  respect 
to  most  of  these  pelagic  species,  however,  there  seems  at  present  to  be 
no  conclusive  evidence  of  encroachment  on  the  supply  in  the  waters  ex- 
ploited by  American  fishermen. 

Conservation  laws  on  the. part  of  Hew  England  states  to  protect  the 
supplj;-  of  lobsters  date  back  many  years.  Provisions  on  this  subject  were 
incorporated  in  the  Wholesale  Lobster  Code,  with  little  controversy  ex- 
cept with  regard  to  details.  The  facts  as  to  the  supply  of  blue  crabs  in 
Chesapealne  Bay,  and  the  problem  of  preserving  it,  have  been  complicated 
by  a  controversy  between  the  States  of  Maryland  and  Virginia.   This  con- 
troversy -  s.ccentuated  by  the  probably  unwise  insistence  of  the  Adminis- 
tration (*)  on  the  writing  of  certain  conservation  provisions  into  the 
Blue  Crab  Code  -  played  a  large  part  in  the  wrecking  of  the  latter. 

(*)  The  word  Administration,  here  and  wherever  else  it  is  used  in  this 
report,  refers  to  the .National  Recovery  Administration. 

9581 


-33- 

The  seriousness  of  the  conservation  protlein  in  the  case  of  the  Great 
Laices  is  shown  "by  the  decline  in  the  catch  of  the  American  fisheries  in 
those  waters  from  107,000,000  pounds  in  1908  to  85,000,000  in  1929.   The 
total  catch  of  American  and  Cana,dian  fleets  in  the  Pacific  halitut  fish- 
ery is  restricted  lij   an  International  Commission  appointed  as  the  result 
of  a  treats'-  signed  in  1924. 

Very  serious  encroachment  on  the  supply  of  salmon  in  Alaska  uas  ter- 
minated, also  in  1924,  iy  the  passage  "by  Congress  of  the  White  Act,  which 
gave  to  the  Bureau  of  Fisheries  extensive  powers  of  control.   Since  that 
time  the  Alaska  salmon  fishery  has  "been  rigidly  regulated,  and  the  catch 
to  a  considerahle  degree  stabilized. 

The  increasingly  extensive  operations,  during  the  last  few  years, 
of  two  floating  sardine  reduction  plants  just  outside  the  territorial 
waters  of  California,  in  d.efiaxLce  of  the  state  conservation  laws,  led  to. 
allegations  of  the  depletion  of  the  supply?-  of  this  species.'  The  state- 
ments on  the  suhject  in  connection  with  the  writing  and  administration 
of  the  California  Sardine  Code  were  more  or  less  "biased,  and  it  is  dif- 
ficult to  determine  the  real  facts.   On  the  whole  the  evidence  now  avail- 
able seems  inconclusive,  with  the  burden  of  proof  rather  on  those  who 
allege  that-  depletion  ha.s  occurred.  ; 

THE  COHSBEVATIOE  PROBLEM  AITS  TIIS  CODES 

There  is  no  doubt  of  the  seriousness  of  the  conservation  problem  in 
the  case  of  several  of  the  fisheries  above  mentioned.   The  difficult 
question  is  the  extent  to  which  it  was  or  should  have  been  feasible  to 
■  solve  the  problem  through  the  medium  of  the  codes.   The  only  really  ef- 
fective action  that  has  been  talcen  toward  the  conservation  of  fishery 
products  in  the  past  has  been  bj^  means  of  penal  legislation  by  Congress 
or,  in  a  few  instances,  by  individual  states.   The  proponents  of  fishery 
codes,  on  the  whole,  showed  little  interest  in  the  subject,  and  little 
willingness  to  cooperate  in  the  solution  of  the  problem.   Such  conserva- 
tion provisions  as  were  written  into  these  codes  were  put  through  by  the 
insistence  of  the  Administration,   Hiere  was  abundant  justification  for 
such  insistence  in  principle,  but  a  serious  question  whether,  under  all 
the  circumstances,  it  was  wise. 


9581 


-34- 
CHAPTEH  III 
THE  PRICES  OP  PI SHEET  PRODUCTS 


PRICES  TO  PRI!',tAEY  PRODUCERS 

Pigures  have  teen  given  in  Table  II  for  the  quantity  a.nd  value  of  the 
fishery  catch  landed  in  the  United  States  in  1908,  1929  and  1933.   Tahle 
VII  shovis  the  average  price  per  pound  received  "by  the  primary  producers  in 
each  important  -area  and  for  the  country  at  large  for  the  same  years. 

This  tahle  indicates  that  the  average  price  to  producers  fell  from 
1929  to  1933  T3y  approximately  38  per  cent.   This  was  not  much  more  than  the 
decline  over  the  same  period  in  the  average  ,of  all  commodity  prices,   Tahle 
VIII,  however,  shows  that  for  several  important  species  the  falling  off 
from  1929  to  1933  was  suhstantially  in  excess  of  38  per  cent.   The  average 
price  of  California,  sardines  declined  "by  a  ha.lf ,  sxi5.   those  of  shrimp  and  of 
mackerel  between  50  and  60  per  cent.   The  avera^ge  price  of  salmon,  of  hep- 
ring,  of  cod  and  of  halihut  dropped  hetv/een  40  and  50  per  cent.   In  the 
case  of  crahs,  oysters,  tuna  and  flounde'rs,  on  the  other  liand,  the  decline 
was  relatively  moderate, 

Ta-hle  II  has  shorm  that  the  landed  value  of  all  fishery  products  - 
that  is,  the  gross  revenue  of  the  fishery  industry  proper  -  fell  from  1929 
to  1933  "by  51  per  cent,  while  the  quantity  declined  hy  19  per  cent.   These 
figures  indicate'  that,  while  the  contraction  in  the  quantity  demand  during 
the  downward  pliase  of  the  depression  was  hy  no  means  negligible,  it  was 
the  decline  in  the  unit  price  that  accounted  for  the  greater  part  of  the 
shrinkeige  in  the  dollar  volume, 

TJ\3LE  VII 

-  AVERAGE  PRICE  PER  POUIID  OP  THE  PISHERY"  CATCH, 
BY  AREA,  1908,  1929  and  1933 


Average  Price 
Area.                (Cents  Per  Pound) 
1933 1929 1908 

Average  for  the  U„S» 

and  Alaska  2.1  3,4  2,7 

Hew  England  2,7 

MidaJLe  Atlantic  '  2,8 

Chesapeake  1,9 

South  Atlantic  &   Gulf   2.1  a/ 

Great  Lakes  7,2  a/ 

Pacific  1.6 

Ilississippi  River  2,7  a/ 

Alaska  1. 5 

Soua-ce:   Computed  from  data  shown  in  Table  II, 

a/  Based  on  author's  estimates. 

b/  1922  price, 
9581 


4,2 

( 

7.4 

( 

2.8 

4.2 

( 

2.8 

( 

7.9 

3.5 

2.4 

3.9 

4.4  b/ 

2,1 

2.6 

1,5  a/ 

— oo" 


Ti^LS  VIII 

DECLiiiE  Hi  -ayhilge  psicss  ?cr  tie  catch  of  the 

12  LiCST  IlvIPOHTAUT  Sx'ECiSS,  lS29-19o3 


Avsr 

a£'e  Price 

Per  Cent 

Species 

(Cents 

per  Po-and) 

Decline 

1933 

1929 

1929   to   1933 

Average  for 

Specified 

G-roups 

1.8 

3,1 

42.0 

Salmon 

2.1 

3.5 

40.0 

Pilchard  or  California 

Sardine 

0.3 

Oo6 

50.0 

Haddo  clc 

2-3 

3.5 

34.3 

Herring 

0o5 

0.9 

44.5 

Oysters 

8,1 

llo2 

27,7 

Shrimp 

1.9 

4c  0 

52.5 

Cod 

1,8 

3,0 

40,0 

Mackerel 

1.2 

2.7 

55.6 

Plounders 

3o  5 

4,6 

23.9 

TTina 

4„3 

5.2 

19o3 

Halitut 

5c  9 

llo5 

48o7 

OralDs 

2c  1 

2,7 

22,3 

gource:      Compi 

j-ted  from  data. 

Sh0'.7n 

m  Ta'^ole   HI, 

The  dJTOp  from  1929  to  1933  of  40  to  no;:?:!/  SO  per  cent  in  the  average 
price  of  the  majority  of  the  most  inycrtanb  s^iecies  shortld  "be  compared-  not 
only  uith  the  falling-off ,  as  meastir'.'d  "by  the  3.  L.  S.  index,  of  ahout  31 
per  cent  in  general  commodity  prices  over  the  riaiae  period,  "but  with  the 
decline  of  54  ]per  cent  in  the  price  of  meat;  the  most  closely  competing 
class  of  foodstuffs.   The  drop  in  the  averc^ge  prices  of  California  sar*- 
dines,  of  shrimp,  of  mackerel  and  of  h.ali"but  v/as  greater  tha.n  the  decline 
in  the  price  of  meat;  while  in  the  case  of  herring  the  falling  off  was 
about  the  saiiie, 

PHI  CBS  TO  r.?HCLESALI]IlS  AlH).  PIlOCaSSOHS 

The  availa"ble  information  with  regard  to  i^holesalers'  selling  prices 
for  fish  ejad  shellfish  and  the  prices  of  processed  fisher^r  jDroducts  is  un- 
satisfactory.  The  price  of  canned  salmon,  however,  declined  ahout  40  per 
cent  from  1929  to  1933.   Because  of  the  inelasticity  of  important  elements 
of  distri"buting  cost,  such  as  railvray  express  rates,  ice  and  la"bor,  the 
fall  in  the  wholesale  prices  of  fresh  and  frozen  products  did  not  parallel 
the  decline  in  the  prices  received  "bjr  the  primsry  producers,   Becajuse  of 
the  xDorishahility  of  these  coimmodities,  hov;everj  together  with  the  severe 
competition  of  the  large  .  nxijii"ber  of  relatively  small  units  in  most  "bra^nches 
of  the  vrholesale  tra-de,  the  difference  in  the  decline  of  the  two  sets  of 
prices  v;3.s  proha'bly  a  good  deal  less  than  might  "be  inferred  from  a  consid- 
eration of  costs  alone. 

9531 


-36- 

t/hen  the  N.  R.  A.  was  first  organized^  it  was  the  ahnormal  price 
deflation  is  some  loranches  of  the  Fishery  Industry  that  supplied  the 
initial  incentive  to  associations  and  other  groups  to  come  forward  as 
proponents  of  codes.   The  remedies  first  asked  for  were  of  a  direct  and 
drastic  soft,  though  perhaps  no  more  so  than  in  the  case  of  many  other 
industries.   If  these  proposals  had  heen  put  into  effect  at  an  early 
stage  of  the  program,  as  similar  ones  were  in  other  instances,  the 
history  of.  the  fishery  codes  \7ould  have  "been  very  different  from  vrha^t 
it  actually  was. 

As  things  were,  the  writing  of  these  codes  was  delayed  till  the 
Administration  had  "b.ecome  less  willing  to  approve  drastic  provisions 
for  the  regulation  of  production  and  prices.   The  resulting  controver- 
sies affected  adversely  the  psychological  attitude  of  the  Industry  to- 
ward the  codes,  the  willingness  of  its  mem'bers  to  comply  with  the  pro- 
visions ultimately  written,  and  their  readiness  to  pay  assessments, 

THS  FHICS  EB3JI.ATI0IT  AIID  THE  ITIHAIICIAL  FOSITIOH  0?  ?ISHEaY  EKTEEPHISES 

Tlhe  effect  of  the  deflation  in  the  prices  of  fishery  products  from 
1929  to  1933  on  the  financial  position  of  the  numerous  enterprises, 
mostly,  small,  which  are  engaged  in  the  Industry  was  very  serious.   In 
the  case  of  the  primary  production  the  N,  R,  A,  study  of  fishermen's 
earnings  showed,  for  the  vessels  reported  on,  a  decrease  over  the  four 
yes.rs  of  53  per  cent  in  the  average  value  of  catch  per  vessel,  'and  of 
48  per  cent  in  the  average  vessel  share  of  gross  profit.  As  against 
these  declines  the  princip)al  items  of  overhead  expense  remained  nearljr 
or  quite  unchanged.   As'  a  result,  the. average  overhead  per  vessel  in 
1933,  after  depreciation,  was  $7,952,  while  the  .average  vessel  share, 
against  which  the  overhead  is  charged,  v^as  only  $4,340,  A  sulDstantial 
average  net  loss  wa,s  shovm  in  1933  "by  every,  geographical  area  except 
California,  where  the  average  gross  profit  ajid  overhead  per  vessel  were 
ahout  equal.   The  .loss  wa,s  particularly  heavy. in  the  North  Atlantic 
fisheries  and.  on  the  Grea,t  LaJ-ces, 

In  the  case  of  the  wholesaling  and  processing  divisions  there  are 
few  definite  figures  Tflth   regard  to  the  financial  effect  of  the  price 
decline  d-ujing  the  depression.   The  aggregate  net  current  assets  of  a 
group  of  21  of  the  principal  wholesale' dealers  in  New  Yorl<:  City,  how- 
ever, fell  off  from  1930  to  1933  hy  more  than  25  per  cent,  and  the  net 
worth  of  the  sajne  group  dropped  "by  30  per  cent.   There  was  a  decline  in 
the  net  current  a,ssets  of  17  of  the  21  firms  over  the  three  years,  in- 
cluding all  the  larger' ones,  and  a  decline  in  the  net  worth  of  18  of  the 
21,   The  general  complaint,  at  the  time  the  fishery  codes  were  present- 
ed, of  a  shortage  of. working  capital  in  the  preparing  and  wholesaling 
trade  suggests  a  similar  situation  in  other  centers  of  distrihution, 

RgLATIOHSHIP  OF  FISH  AMD  LEAT  PRICES  ' 

Since  provisions  for  the  regulation  of  prices  v/hether  directly  or 
indirectly  'bj   means  of' a  control  of  production,  hulked  so  large  amoP-g 
those  originally  desired  hjr  representatives  of,  this  Industry,  it  "becomes 
a  ma.tter  of  special  interest  to  inquire  to  v.rhat  eztent  the  prices  of 
fishery  products  appear  to  vary  independently  of.  the  economic  situation 

9581 


-37-- 

outside  the  Industry  itself,  and,  consequentljr  to  "be  susceptible  of  such 
regulation, 

THB  STUDY  OF  t/iA.CI{i3HEL  AED  IIMT  :P?J05S. 

It  h3.s  heen  generally  conceded  Toy  those  l)est  acquainted  nith  the 
Industry  tha^t  some  relationship  exists  betvreen  the  prices  of  fisherjr 
products  and  of  meat.   Until  the  present  study  was  made,  however,  little 
or  nothing  had  "been  done  to  analyse  the  relationship  statistically* 
Such  an  analysis  is  a,  complex  task,  since  the  price  of  every  important 
fishery  products  appears  to  hehave,  in  part,  independently. 

So  far  it  has  heen  practicable  to  study  the  relationship  only  in 
the  case  of  the  mackerel  catch  of  the  Atlantic  coast.   This  particular 
fishery  vras  selected  tecause  of  the  "bearing  of  the  price  received  for 
its  products  on  the  working  of  the  production  control  provision  of  the 
Mackerel  Fishery  Code,   Hot/ever,  there  is  no  reason  to  suppose  that  the 
relo,tiojiship  with  the  price  of  meat  (*)  in  this  case  is  not  illustra.tive 
in  an  approximate  p/ay  of  the  general  situation. 

The  charts  and  ta'oles  pertaining  to  this  study  of  the  relationship 
of  mackerel  and  meat  prices  are  too  voluminous  to  present  as  a  psxt  of 
the  present  report.   The  evidence,,  however,  leaves  no  doulDt  that  the 
two  principal  factors  accounting  for  the  price  received  hy  the  mackerel 
fishermen  at  any  given  time  are  to  quajitity  landed  and  the  price  of 
meat.   The  Quantity  of  other  species  of  fish  caught  a.t  the  same  time, 
the  quantitj^  of  mackerel  imported,  and  the  number  of  vessels  fishing  in 
proportion  to  the  catch,  are  a.lso  factors,  but  only  secondary  ones.   It 
is  reasonabljr  certain  that  a  foi"m\ila  can  be  ^'rorked  out  v/hereby,  if  these 
factors  were  known,  the  price  which  would  be  paid  for  a.  specified  quan- 
tity of  mackerel  landed  in  a.   given  month  could  be  forecase  within  fairly 
narrow  limits  of  accuracy, 

BEAaiirC-  OF  THE  CQlJPiaiSO]g  Oil   THE  COHTEOL  0?  FISHESY  PaiCES 

If  this  is  the  case,  a  serious  doubt  at  once  arises  as  to  how  fax 
it  is  possible  to  control  the  price  of  any  fishery  product,  either 
directly  or  by  manipulating  the  quantity  of  the  catch  alone.   Something 
further  vrill  be  said  on  the  subject  in  discussing  the  production  con- 
trol larovision  of  the  Mackerel  Fishing  Code, 

The  price  of  meat  is  subject  to  cyclical  fluctuations  more  ex- 
treme than  those  of  commodity  prices  in  genera,l.   The  prices  of  some 
importa/nt  species  of  fish,  including  m_ackerel,'  show  variations  even 
more  extreme  than  in  the  case  of  meat.   Such  a  situation  is  plairly 

(*)  The  immediate  competition  is  between  fish  and.   meat;  but  there  is 
some  reason  to  thinlc  that  the  variations  in  the  prices  received  by 
fishermen  correspond  more  closely  to  the  movement,  of  the  prices 
paid  to  faA-mers  for  livestocl:  and  poultrjr.   It  does  not  appear, 
however,  that  a  coriiparison  of  the  latter  instead  of  the  price  of 
neat  with  fish  prices  \70uld  affect  materipAly  the  statement  in  the 
text,  either  here  or  in  Cha,pter  XIV. 

9581 


-  ■  ■  ;  -38-      '  .   .  ■ 

disadvantageous  to  the  prcducer  of  fish;  and  tha  Fishery  .industry  r/ould 
gain  sulDstantially  from  the  success  of.  efforts -to -iron  out  the  long-time 
fluctua.tions  in  the  supply  of  livestock  and  in  the  price  of  meat,. 

This  presupposes  a  prograjn  of  economic  coordination  .much  "broader 
than  TTOuld  he  possible  in  connection  with  a  code  or  a  group  of  codes  for^ 
any  one  fndustry.   Short  .of  such  a  program,  ho^jever,  it  is  douhtful 
whether^  anything  can  he  done  to  improve  the  prices  received  hy  fisher- 
men, unless  the  relative  preference  of  =the  American  consumer  for  fish 
in  comparison  with  meat  ca.n  he  modified.   Something  has  alreadj"-  heeh 
said  as  to  the  possihilities  in  this  latter  direction,  ,. 

THE  S?IBAD.,.BBTV/EB]J  EHICES  TO-PaOBUCEHS  AIID  TO  COKSTOiEES,       , 

During  the  existence  of  the  fishery  codes  the  pfohlems  raised  hy 
the  spread  "between  the  prices  received  "by  primary  producers  and  those 
paid  "by  the  consumer  "became  >a  matter  of  cohcern  to  the  Consumers'  Ad- 
visory Board,  There  was  s.  tendency  to  feel  that  these  spreads-,  which 
had  admittedly  heen.  suhstantial,  i:.rplied  profiteering  on  the  part  of 
the  preparing,  and  distributing  tra.de s, 

'  '  ■'   ■  '  '  '  ''"  . 
The  perishability  ef  fishery  products,  however,  with  the. intense- 
competition  resulting  from  the  large  number  of  enterprises  of  small 
average  size  engaged  in  these  trades,  creates  a  situation  so  unfavor- 
able to  monopolistic  or  profiteering  ta,ctics  as  to  justify  skepticism 
with  regard  to.  any  such  hypothesis,   ViTith  the  evidence  at.  present 
avails.ble'  the  controversy  cannot  be  settled  conclusively;  but  the  fol— . 
lov;ing  summary  of  a  paper  prepared  'hj   an  official  of  one  of  the  large 
New  tork   whole sali-ng  companies  (*)  t"hrows  some  light  on  .3,t,  - 

THE  PaiCS'SPEEAD  IH  AN  ILLUSTMTIYE  CASE      ..,....--- 


This  paper  traces  a  shipment  of  fish  caught  in  Florida  and  distri- 
buted through  the  Uew  York  wholesale  -market,  for  which  the  fishermsji 
received  four  cents  per  pound,  \7hile  the  ultimate  consumer  paid  about 
25  cents.   The  following  figures  reffer  to  a  standard  barrel  of  200 
pounds. 

For  such  a  barrel  the  wholesaler  in  Florida  paid  the  fisherman 
$8,00,   He  was  obliged  to  malce  an  allowance  of  five  per  cent  for 
shrinkage  in  weight  while  the.  fish  were  in  transit  to  New  York,   The 
barrel  and  the  ice  for  packing  tiie'  shipment  cost  hiin  $1,50,  the  la,bor 
and  overhead,  charges,  a.ssuraing  a  normal  •  volume  of  business,  $1,00,  and 
the  trucking  25  cents.   The  cost  of. these  fish  at  the  time  of  shipment 
from  Florida,  consequentljr,  was  a,pproximately  $11,15, 

The  express  charge  from  Florida,  to  Jersey  City  wa,s  approximatel;'" 
$3,00  per  barrel,  and  the  cost  of  trucking  in  the  New  York  City  area 
40  cents  more.   For  the  New  Yorlo  wholesaler  to  brea,k  even,  with  his 
customary  margin  of  12-';  per  cent',  he  must  have  sold  this  barrel  of  fish 
for  $16,25  to  $16,50,  or  rather  more  than  twice  its  original  value  to,  ' 
the  fisherman, 

(*)  Stanley  de  J,  Osborne,  Atlantic  Coast  Fisheries  Company,  New  York 
City, 

9581 


-39- 

A  retailer  who  paid  the  price  just  mentioned  for  this  "barrel,  and 
who  sold  an  average  of  a  thousands  pounds  of  fish  per  xtee'k,    concentra- 
ted mainly  in  two  of  the  seven  days,  would  "be  obliged,  according  to  this 
paper,  to  raise  his  purchase  price  20  per  cent,  in  order  to  net  two  per 
cent  on  his  fish  husiness.   This  would  bring  the  price  of  the  "barrel  up 
to  approximately  $49  for  the  200  pounds,  or  24-1:  cents  per  pound.   These 
figures,  moreover,  assume  that,  the,  fish  in  question  were  weighed  for 
sale  to  the  consuner  "before  cleaning,  and  that  there  was  no  loss  from 
spoilage. 

It  is  not  contended  that  these  illustrative  figures  finally  settle 
the  pro"blem  of  price  spreads  in  the  fishery  trades.   The  informant  from 
whom  the  data  cited  were  o'btained,  however,  is  "believed  to  "be  relia'ble, 
and  the  data  are  pro"ba"bly  quite,  representative  of  conditions  in  an  im- 
portant section  of  the  Industry, 

SSLATIVE  A3SMGE  OF  MONOPOLISTIC  PRACTICES 

The  relatively  small  size  of  the  typical  enterprise  in  the  Fishery 
Industry  would  in  any  case  tend  greatly  to  reduce  the  likelihood  of 
monopolistic  practices.   In  New  York,  Boston,  Pensacola,  Seattle,  San 
Francisco  and  a  fevi   other  places  the  small  groups  of  comparatively  large 
wholesale  concerns  account  for  su"bstantial  proportions  of  the  total 
volume  of  "business,  and  especially  of  the  sales  outside  the  immediate 
localities.  The  relative  importance  of  these  larger  concerns,  more- 
over, is  enhanced  "by  the  fact  that  a  considerable  proportion  of  the 
smaller  ones  tend  to  come  and  go,  "because  of  their  financial  insta"bil- 
ity. 

Before  the  institution  of  the  l\r,E.A, ,  however,  these  larger  whole- 
sale concerns  do  not  seem,  as  a  matter  of  fact,  to  have  "been  in  a  posi- 
tion to  monopolize  "business  or  to  injure  their  smaller  competitors  "by 
means  that  could  "be  descri"bed  as  illegal  or  improper.   They  were  un- 
popular vi/ith  the  fishermen;  "but  this  appears  to  have  "been  chiefly  "be- 
cause they  were  the  most  prominent  customers  of  the  latter,  and  tended 
therefore  to  "be  held  responsi'ble  for  the  deflation  in  prices. 

Almost  inevita'bly  the  larger  wholesalers  took  a  prominent  part  as 
proponents  of  the  fishery  codes.   In  the  case  of  the  National  Code  this 
fact,  as  will  "be  more  fully  explained,  had  unfortunate  effects.  There 
were,  moreover,  a  fev/  instances  in  which  these  groups,  more  or  less 
deli"berately,  took  advantage  of  their  position  as  proponents  of  codes 
to  offer  provisions  apparently  designed  to  protect  themselves  from  the 
competition  of  small  enterprises.   The  most  important  case  of  the  sort 
came  up  in  connection  with  the  price  control  provisions  of  the  proposed.. 
Supplementary  Code  for  the  Southeast  preparing  and  Wholesaling  Industi-y, 
The  larger  wholesalers  with  established  ]places  of  business  in  Pensa,cola 
and  other  cities  were  unquestionably  desirous  of  restricting  the  activi- 
ties of  the  small  truck  distributors  of  that  area.   It  was  the  effort  to 
do  this,  primarilj'-,  that  so  delayed,  the  writing  of  the  Code  referred  to, 
that  it  had  not  been  approved  at  the  time  of  the  Schechter  decision. 

The  competition  of  the  small  truck  jobbers,  who  biiy  directly  from 
fishermen  and  distribute  from  their  own  vehicles  to  inland  wholesalers, 

9581 


■   ,  "40- 

retailers  or  customers,  sometimes  -over  radii  of  several  hmidred  miles, 
has  xmquestn.ona'bly  caused  great '.difficiiltj;^  f-fii*'  fee  esta'blished  old-line 
wholesalers  in  a  niimljer  of  fishing  ports*-  The  provisions  designed  to 
cAxrh   this  competition  plainly  had  a  monopolistic  tendency  and  were  such 
as  the  Administration  could -not  approve „ 

Prom  the  standpoint  of  the  old^line  dealers,  however,'  the  provi-" 
sions  were  of  a  defensive  character:  the  importance  attached  to  them 
reinforces  strongly  the  impression  thac  under  normal  conditions  such 
groups  of  large  concerns  had  not  "been  in  a  position  even  to  maintain 
their  traditional  share  of  the  husinessof  their  areas,'  to  say  nothing 
of  increasing  it,  "by  monopolistic  ^practices  of  the  ordinary  sort. 


9581 


■■CIIAPTSl  lY 

ESTABLISIU.IEiiTS  AIZ)  S1ITIIKPIIIS3S 

THE  TGSSEL,  30AT  AID  SHOIiB  PISHZPIIIS  .» 

In  disciissi-ng  the  n'OJi'ber  and  charr,cter  of  the  enterprises  conposing 
the  fishery  industr;r,  and  the  mraorr  of  persons  engaged  in  it  and  their 
corapensation,  it  is  necessary  to  trJre  accbimt  of  a  distinction  custonar- 
ily  dravm  hetr/een  the  -vessel,  the  ooat  and  the  shore  .fisheries.   The  dif- 
ference "between  a  vessel  and-  a  "boat  is  one  of  size  -  the  former  heing 
docLTJiented  craft  of  five  net  tons  capacity  or  more,  nhile  the  latter  are 
■umdocirnented  craft  of  less  than  five  tons  capacity.   The  distinction  "be- 
tween the  vessel  and  the  "boat  fisheries  lies  in  the  scale  on  which  they 
operate,  while  the  shore  fisheries,  which  work  without  "boats  or  use  then 
only  incidentally,  are  on  a,  still  smaller  scale.   The  three  classifica- 
tions of  course  fade  into  one  another;  yet  the  distinction  is  practical 
and  convenient. 

Tlie  nearest  eq\ii valient  of  an  "esta"blislinent "  in  the  fishing  industry'- 
proper  is  an  individual  vessel  or  ""ooat  vrith  its  gear,  or  in  the  case  of 
the  shore  fisheries  an  individual  operator  with  his  gear  or  im"olements. 

THE  MI3M  01   PISHIHG-  "VESSELS 

The  num"'Der  of  fishing  vessels  in  operation  in  1929  was  reported  "bjr  the 
Bureau  of  Fisheries  as  4,367.   In  1933  it  had  fallen  to  a"bout  3,650,  l)ut 
in  1934  had  proba'bly  risen  again  to  4,000  or  thereo,"bout s.   There  has  "been 
a  considera"ble  decline  in  the  nurnher  of  these  vessels  since  1908,  when  it 
stood  at  5,148.   The  mmi"ber  on  the  Pacific  coast  and  on  the  Great  Lakes 
has  risen  su"bstantially ;  hut  this  has  only  partly  offset  an  e::tensive  de- 
crease on  the  Atlantic  and  Crvlf   coasts. 

Uore  thpji  half  this  latter  decline  is  accounted  for  "by  the  falling 
off  in  the  production  of  oysters,  of  which  more  will  "be  said  later  on. 
The  remainder  is  due  chiefljr  to  the  suhstitiition  of  motor  propelled  for 
sailing  vessels.   Ilotor  vessels,  "being  a"ble  to  mal:e  much-  qnoicker  ojid  more 
n-umerous  trips,  can  ca.rr;;'-  ice,  and  therefore  "bring  in  fish  which  formerly 
had  to  "be  salted  as  soon  as  they  were  caught.   The  increase  in  the  propor- 
tion landed  fresh  has  in  its  t-'orn  forced  a  concentration  of  the  business 
in  the  larger  ports,  which  alone  have  the  facilities  for  handling  these 
verj^  perisha"ble  products  on  a  large  scale.  All  these  conditions  have  fav- 
ored the  carrying  on  of  the  operations  of  the  Industry  "by  a  smaller  nimher 
of  more  efficient  units. 

THE  0Ti":3RSHIP  OP  EISHIMG  iraSSELS 

A  large  majority  of  all  fishing  vessels  are  owned  singly  by  individ- 
uals or  partnership^,  and  in  the  co.se  of  90  per  cent  of  these  the  owner  or 
one  of  the  owners  is  also  the  ce-ptcdn.   Of  the  vessels  reported  on  for  the 
purposes  of  the  study  of  fishermen's  .earnings,  which  was  made  in  connec- 
tion with  the  codes  njider  discussion,  about  30  per  cent  were  ovmed  in  fleets 
of  two  or  more.   The  corresponding  proportion  for  all  fishing  vessels, 
however,  is  certainly  smaller  -  probably  around  20  per  cent.  About  28  per 
cent  of  all  fishing  vessels  are  orrned  'by   corporations;  b\it  if  Alaska 

9581 


■"42- 

is  3::cl\ided  the  -oroT^ortion  foJJ-s  to  20  por  cent.   The  vessels  ormed  in 
fleets  .'^.re  of  coiurse  largely  the  sane  as  thoce  o\-m.ed  07  corporations, 

THE  LIZE  All)  AGE  OF  ?ISHI:T&  ^/^^SSELS 

The  a.'^e  of  fishing  vessels  in  use  runs  up  to  60  years  or  even  more. 
■The  average  age,  horrever,  is  only  al)OLit  15  years,  DJid.   the  average  life 
ahout  20.   There  is  alijays  a  proportion  of  old  and  relatively  -onseaworthjr 
vessels  in  existence;  and  for  this  reason  it  is  normal  for  12  or  13  per 
cent  of  the  vessels  registered  at  a  giveii  tine  to  "be  idle.  At  the  worst 
stage  of  the  depression,  however,  the  proportion  of  idle  vessels  was  proh- 
ahly  not  lass  than' 25  per  cent, 

TEE  ITUIfflER  AID  OUlIEaSHIP  OP  PISHIIiq  BOATS 

The  nriKher  of  ^  fishing  boats  is  ver^'  niich  larger  than  the  n-onber  of 
vessels.   In  recent  years  it  has  heen  in  the  neighhorhood  of  70,000. 
Since  the  avere.ge  vessel,  however,  is  10  or  12  tines  as  efficient  as  the 
average  "boat,  the  relative  importance  of  the  "boat  fisheriesi'frora  the 
standpoint  of  their  production  is  "by  no  means  as  great  as   these  figures 
night  seem  to  inply.   In  1933  the  vessel  fis-heries  accounted  for  about 
43  per  cent  of  the  total  valae  landed;  and  this  proportion  seems  to  have 
changed  very  little  over  the  last  25  or  30  years.   The  n-umher  of  fishing 
boats  in  use  has  fallen  off  dm-ing  this  period,  b\it  not  as  nuch  as  the 
number  of  vessels. 

At  the  tine  of  writing  no  fig-ores  are  available  with  respect  .to  the 
ownership  of 'fishing  boats,  their  age,  their  nornal  life,  or  the  propor- 
tion of  idle  craft.   It  can,  however,  be  asserted  safely  that  the  propor- 
tion of  boats  owned  in  fleets  of  two  or  mgre  is  substantially  b elow  the 
20  per  cent  aropl^ying  in  the  case  of  vessels.   T}.ie  ownership  of  boe.ts  "bj 
corporations  is  confined  to  cases  where  they  are  owned  on  the  side  by 
wholesaling  or  processing  concerns. 

THE  SIZE  0?  EISHIITG  EITTEEPSISZS     '         ' 

The  foregoing  statenents  are  enough  to  indicate  that  the  enterprises 
operating  30  to  90  per  cent  of  all  fishing  craft  are  small.   Even  in  1929, 
according  to  computations  based  on  Bureau  of  Fisheries  datr.,  the  average 
gross  operating  reveraie  .per  vessel  or  boat  failed  to  reach  $3,000  in  any 
area.   In  tlie  Chesapeake  and  the  South  Atlantic  rhd  G-'olf  sto.tes,  even  in 
that  year  of  great  economic  "activity  and  rel^atively  high  prices,  the  value 
of  the  catch  of  an  average  vessel  was  only  a  little  over  $800.   In  1933 
the  average  did  not  reach  $2,000  for  any  area,'  and  for  the  Chesapealce 
states  it  sanlc  below  $400, 

Tlie  average  gross  operating  revenue  of  fishing  vessels  is  of  course 
nuch  larger  than  that  of  vessels  and  bofts  ta]':en  together.   Te^  the  data 
obtained  in  connection  with  the  il.Bu.A.  study  of  fishermen's  earnings  show- 
ed, even  in  the  case  of  Hew  England  and  of  California,  where  the  propor- 
tions of  large  vessels  are  highest,  en   average  output  per  reporting  vessel 
in  1933  of  less  than  $25,000.   The  avei'age  tonnage  of  these  vessels,  more- 
over, was  above  the  general  average  for  the  areas  mentioned. 


9581 


.  -43- 

TalDle  IS  slions  the  dis  trio  lit  ion  of  ths  value  of  the  fishery  products 
landed  in  1933  "b;-  individual  firns  uhich  suhriitted  reports  in  connection 
with  the  aoove  mentioned  study.   This  tahle  includes  funs'"  two-thirds  of 
all  the  concerns,  other  than  salmon  canning  companies  in  Alaska,  nhich 
own  fleets  of  five  or  more  fishing  vessels.   The  dollar  volume  reported  "by 
some  of  these  is  of  course  large  in  comparison  v'ith  that  of  the  hulk  of 
fishing  enterprises;  hut  the  proportion  of  the  totei.1  .for  the  Industry  for 
which  they  account  is  comparatively  sns.ll.   Table  IX  includes  only  con- 
cerns ovming  fleets  of  two  or  more  vessels,  A  considerahle  nimber  of 
vessels  owned  singly  had  catches  in  1933  valued  at  nore  than  $50,000. 
The  highest  such  value  reported  in  connection  with  the  studj"-,  however, 
was  ujider  $80,000. 

WHOLESilLIlTC-  AirO  FEOCSSSIIIG-  ESTABLISH.iZL^TTS 

Tahle  X  sho\7s  the  nijmhers  of  wholesaling  and  processing  establish- 
ments reported  in  connection  v;ith  the  surveys  of  the  Bureau  of  Fisheries 
for  1929,  1931  and  1933,  and  also  the  nijjnher  of  establishments  engaged  in 
the  conning  and  preserving  of  fish- and  shellfish,  as  shovm  by  the  Censiises 
of  ilanufact risers  for  the  same  3'-ears,   The  6.ifferences  between  these  two 
sets  of  figures,  which  s.re  shown  in  the  third  column  represent  rotighly  the 
number  of  establisliments  engaged  in  the  wholesaling  of  fresh  and  frozen 
fish,  and  in  the  minor  forms  of  processing  v;hich  have  been  classified  for 
present  p"arposes  as  preparing.   These  latter  figures,  howeyer,  are  some- 
what too  small,  since  the  Biu-eau  of  Fisheries  has  not  covered  wholesaling 
establisliments  located  at  inland  points  vrhere  no  actual  fishing  OTjerations 
are  carried  on. 

TABLE  IX 

BISTrJBUTIOlT  OF  15  COLIPAIIIES  OPEBATDTG  THE  LARGEST  FISHIHG 
lilLEETS,    BY  VALUE  OF  CATCH,    1933 


Value  of  Catch  llumber  of  Comioanies 


Total  15 

$750,000  to  $1,000,000  1 

500,000  to  750,000 

250,000  to  500,000  -   3 

100,000  to  250,000  3 

.  50,000  to  100,000  8 


Source:   Q,u.estionnaire  data  collected  b""  the  Research  and  Plsiming 
Division,  ilELA.. 


9581 


-44- 

TABLE  :; 


iraiiBUR  OF  ESTASLISmvISKTS   III  THE  riSHISY  miOLESALIlia  AllD  PROCESSING 
IllDUSTRIES,    1929,    1931  AIHD  1933 


Year 


All  trnolGsaling 
and  Processing 


Canning  and 
Preservin,"  a/ 


Preparing  and 
■Wholesaling  ^/ 


1933 

c/ 

1931 

2,992 

1929 

2,922 

488 
530 
610 


c/ 

2,462 
2,312 


Source:  _i"urean  of  Eislieries,  -L'ishery  Irid''j-s tries  of  the  United  States, 
1930,  p.  M?-^  1932.  p.  175.  Census  of  liaii-uf actm-es.  1929.  Vol. 
I,  p.  22;  1931,  "Suianar;'-  for  States  and  Industries,  "  p  .  8;  1933, 
"Sunnar-^  "by  Industries,  "  p.  4. 

a/       In  the  case  of  the  estalilishnents  in  the  United  States  proper 
these  products  valued  at  less  than  $5,000  for  the  jec^r   are  not 
included.   In  the  case  of  Alaska  all  estahlishnents  sxe   includ- 
ed, 

h/       Pi;'<;ures  obtained  Ivf   svhtracting  Canning  and  Preserving  estahlish- 
iiients  from  All  Uliolesaling  and  Processing  esto-hlishraents, 

c_/  Data  not  availaTDle  for  the  South  Atlantic  and  C-olf,  Great  Lalces, 

and  Ilississippi  River  areas. 

:  /   .  TABLE  ]:i  ■ 

DISTRIEUTIOIT  OE  PiSH  CA17r IIJG  AilL  PEiESE-IVIilG  SSTABLISEISETS  III  THE  UIJITED 
STATES  PP-OPER,   AGCOlffilllG   TO   TnEllL  VALUE  OE  PEODUCT,    1929  a/ 


Value  of  Product 


ITimlier  of  Estahlislimsnts 


Total 

$2,500,000  to  $4,999,999 

1,000,000  to  2,499,999 

500,000  to  999,999 

250,000  to  499,999 

100,000  to  249,999 

50,000  to  99,999 

20,000  to  49,999 

5,000  to  19,999 


348 

4 
13 
22 
38 
89 
62 
66 
54 


Source:   Census  of  Manufactxires.  1929.  Vol.  I,  p.  74. 

a/     Esta"blishinents  whose  "products  were  valued  at  less 
than  $5,000  in  1929  not  incliided. 


9581 


-45- 


A  limited  niun'ber  of  canning'  concerns,  especially'"  in  the  Canned 
Salmon  Industry,  and  a  very  few  large  wholesaling  companies  operate  more 
than  or.e  establishment  in  different  places.  The  proportion  of  such  cases, 
however,  is  so  small -that-  the  numbers  of  establishments  given  ahove  are 
nearly  the  same  as  the  nupihers  of  firms  engaged  in  the  wholesaling  and 
processing  divisions  of  the . Industry. 

Tahle  XI  shoT/s  the  .distrihution  of  fish  and  shellfish  canning  and 
preserving  establishments  in  the  United  States  proper  hy  size,  as  repre~ 
sented  "by  the  value  of  the  product  in  1929.   These  are  the  most  recent 
figures  available.  They  are  s-'officient  to  indicate  the  general  situation, 
though  the  fact  that  each  of  the  half  dozen  biggest  salmon  canning 
companies  operates  several  establishments  results  in  an  •onder-representa- 
tion  of  the  size  of  the  largest  concerns  in  that  particular  branch  of  the 
Industry. 

There  are  no  corresponding  data  to  show  the  size  of  the  enterprises 
in  the  wholesaling  and  preparing  trades.   Table  XII,  however,  gives 
similar  figures  for  a  group  of  wholesale  concerns  in  Hew  York  City  in 
1930  and  1933,   This  grotip  accounts  for  about  80  per  cent  of  the  whole- 
sale volume  of  the  New  York  metropolitan  area,  and  includes  all  the 
larger  units.   In  no  other  center  of  the  Industr'''  e:ccept  Boston  would  the 
proportion  of  enterprises  in  the  higher ■ ranges  be  as  large  as  it  is  here. 

'-'  "   ■  ■  ■  > 

These  data,  while  incomplete,  are  sufficient  to  indicate  the 
small  size  of  the  mass  of  enterprises  in  the  wholesaling  and  processing 
divisions  of  the  Fishery  Industry,  and  the  very  moderate  proportion 
accounted  for  by  the  relatively  large  concerns. 

TABLE  ZII 

DISTRIBUTION  OF  THE  PHIKGIPAL  ^/    SALT  WATER  PREPARING- 

IND  WHOLESALING  Pi:;i/iS   IN  NEW  YORIC  CITY, 

ACCORDING  TO   TIISIR  GROSS   SALES,    1930  AND  1935 

Number  of  Finns 
Gross   Sales  '     •  1933  1930 


Total  28  21 


$500,000  and  over  4  9 


400,000   to  499,999  2                   6 

300,000   to   329,999  '41 

200,000   to   299,999  '                                       9-...                4 

100,000   to   199,999  5                   1 

Under  100,000  4 

Source:  Unpublished  data  compiled  by  Stanlejr  de  J. 
Osborne,  Atl-antic  Coast  Fisheries  Company, 
New  York  City, 

a/  IncltLdes   the   28   largest   companies   in   the 

New  York  City  salt  water  wholesale  market 
in  1933,    and  the   21  largest   in  1930. 


9581 


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CHAPTEE  V 

PERSOm.^SL  AKD  VOLUlvIE  OF  EMPLOYMENT 

FBRSOMEL  OP  TIIS  PHIMABY  FRODUCIM&  IIIDUSTRY 

The   total  numlier  of  persons  engaged  in  th'e  fisheries  proper,  .either- 
as   entrepreneiars  or  as   employees,    has  "been  in  recent  years  between 
115,000  and  125,000.      Table .XIII   shows   the   distribution  of  this  personnel 
by  area  for  1933  and  1929,    with  comparatiye  figures  for  1908.      Over   the 
last  25  or  30  years  the  number  has  declined  by  16  or  17  per  cent.      Prom 
1929   to   1933,    however  -  that-  is,    throughout   the  downward  phase  of   the 
depression  -  the   decline  was, only  about    seven  per   cent.      At   the   time  the 
N.a.A.   was  established,    the  problem  of  outright  unemployment  was  evident- 
ly,   in  the   case  of  fishermen,    of  rather  minor  iniportance. 

Approximately  22  per  >cent  of  the  personnel  of  the  primary  producing 
industry  are   engaged  in  the  vessel,    about   60  per  cent   in  the  boat,    and 
18  per  cent   in  the   shore  fisheries. 

The  proportion  of  entrepreneurs  or  independent' operators  among,,' 
fishermen  is   relatively  large  -  approximately  15  per   cent   in  the  vessel 
fisheries,    74  per  cent  in  the  boat  and  shore  fisheries,    and  61  per   cent 
in  the  primary  producing  industry  as  a  whole.    (*)     Of  the  latter  figure 
about   one-third  are   employers  of  others,    while   two-thirds  fish  with  boats 
or  gear  operated  by   single  persons  or  by  small  groups  of  partners.      This 
high  proportion  of  small  entrepreneurs  in  the  Industry  has  an  important 
effect  on  the  psychology  of  its  personnel,    and  tended  strongly  to   condi- 
tion their  reaction  to  the  original  H.R.A.  program. 

TABLE  XIII 
KUl^ffiER  OP  PERSOITS  EHGAGED  IN  TEE  FISHERIES  PROPER' 
BY  AREA,    1908,    1929  AKD  1953  a/ 

Area  1933        1929  1908 


Total,    U.S.    and  Alaska 

118,069 

126,730 

141,499 

Uew  England 

17,073 

17,150 

r 

Mi(iri1e  Atlantic 

8,574 

10,491 

\    103,479 

Che  s  ape  alee 

20,142 

18,470 

South  Atlantic  and 

G-ulf 

22,127 

W 

26,643 

Great  Lalces 

6,940 

V 

7,159 

8,094 

Pacific 

18,673 

19,992 

13,380 

Mississippi  River 

15,884 

9J 

15,884 

,c/ 

11,570 

Alaska 

8,656 

10,921 

4,976 

Source:  Bureau  of  Census,  Fisheries  of  the  United  States,  19C8,  pp.  14  and 
Bureau  of  Fisheries,  Fishery  industries  of  the  United  States, 
1930.  p.  134;  1934,  p.  99. 
a/     Exclusive  of  a  relatively  small  number  working  on  transporting 

vessels, 
b/     Estimated  by  the  author. 

c/     1931  figure.   The  change  from  1929  to  1933  was  probably  not 
significant.  ' 

*    See  footnote  on  following  page. 
9581 


-47- 

EBGULAa  Aim  CASUAL  FISHEBIvffilT 

Por  the  Atlantic  and  G-ulf  coasts  and  the  Great  Lakes  there  are 
Btireau  of  Fisheries  figures  segregating  the  classes  of  regular  ajid  of 
casual  fishermen,  the  latter  "being  those  who  derive  the  major  portion  of 
their  incomes  from  occupations  other  than  fishing.   In  these  areas  taken 
together  ahout  one-third  of  all  boat  and  shore  fishermen  fall  in  the 
casual  class.   In  New  England  and  in  the  Middle  Atlantic  area  this  pro- 
portion increased  somewhat  during  the  depression,  apparently  as  a  result 
of  unemployed  persons  taking  to  part-time  fishing  as  a  means  of  obtaining 
a  small  income  in  default  of  ajiything  better.   In  the  Chesapeake  area  and 
on  the  South  Atlantic  and  G-ulf  coasts,  however,  the  proportion  varied 
little  from  1929  to  1933. 

liore  than  half  of  all  the  casual  fishermen  reported  are  in  the 
Chesapeal^e  area  and  in  the  South,  where  the  fact  that  some  important  fish- 
eries are  most  active  in  the  winter  makes  it  possible  to  combine  fishing 
with  the  work  of  small  farmers  or  of  farm  laborers.   There  are  no  data 
for  the  numbers  of  regular  and  casual  fishermen  on  the  Pacific  coast;  but 
in  the  country  at  large  the  latter  class  probably  constitutes  somewhat 
less  than  one-third  of  the  boat  and  shore  personnel. 

CHARACTERISTICS  OF   THE  PBHSOmiSL  0^   THE  FISHERIES 

The  personnel  of  the  fisheries  proper  is  characterized  by  a  high 
average  age  and  a  low  turnover.   Fishermen  constitute  an  essentially  con- 
servative class,  which  sticks  to  its  own  mode  of  living,  to  its  own 
enterprises  and  to  its  own  social  groups.   There  has  been  little  tendency, 
during  the  depression,  to  migrate  for  the  purpose  of  obtaining  additional 
or  substitute  employment.   These  men  had  been,  as  a  class,  fairly  well 
adjusted  to  programs  of  work  that  kept  them  busy  at  their  own  calling 
most  of  the  year;  and  when  market  conditions  cut  down  heavily  the  periods 
during  which  it  paid  them  to  engage  in  fishing  other  employment  also  be- 
came hard  to  obtain. 

The  working  personnel  of  the  fisheries  proper  is  practically  all 
male.   In  New  England,  in  the  northern  Middle  Atlantic  states  and  on  the 
Great  Lalces  it  is  all  white  and  predominantly  of  long  settled  Anglo-Saxon 
stock.   The  same  is  largely  true  in  the  South,  though  in  some  branches 
there  are  considerable  numbers  of  negroes.   On  the  Pacific  coast  the 
fishermen  are  mainly  of  immigrant  nationalities  -  Norwegians  and  Finns 
in  the  Pacific  Northwest  and  Alaska,  and  Italians,  Yugoslavs,  Portuguese 
and  Japanese  in  California. 

THE  SIZE  OF  FISHING  CEEWS 

The  maximum  crew  of  a  fishing  vessel  consists  of  about  40  men. 
Crews  in  excess  of  30  are  very  exceptional,  and  those  exceeding  20  are 


(*)   These  percentages  are  based  on  the  assumption  that  all  fishermen  who 
are  compensated  by  shares,  but  who  do  not  own  their  craft  and  are  not 
consulted  regarding  the  sale  of  the  catch,  are  employees.   The  point, 
which  is  open  to  argument,  is  further  discussed  in  Chapter  VII. 

9581 


-48- 

confinecl  to  three  or  four  large  fisheries.   The  average  vessel  creT/  con- 
sists of  seven  or  eight  men,  while  the  average  to  a  toat  is  only  one  and 
a  half.  Of  the  personnel  of  the  "boat  fishei^ies  in. 1933  about  51 'per  cent 
operated  one-man  "boats,  atout  41  p<ir  cent  two-man  "boats,  and  only  eight 
per  cent  "boats  with  crews  of  three  or  more.  .   .    , 

THE  PRODUCTIVITY  OP  FISHIITG  LABOH 

The  gross  output  per  man  of  the  fisheries  pi-oper  is  such  as.  to  put  . 
a  low  naximuj'j  limit  on  the  earnings  of  the  mass  of  the  personnel.-.  In 
1929  this  gross  average  per  man  failed  to  reach  $1,700  for  the  year  in  aaiy 
part  of  the  country.  For  the  Great  Lalces  it  was  under  $  1,000,  for  the 
Chesapealce  area  a  little  over  $600,  and  for  the  South  .Atlantic  and  G-ulf 
area  a"bout  $550.   In  1933  a  gross  average  of  $1,000  per-  man  was.  slightly 
exceeded  in  Alaska  only.  For  the  South  Atlaaitic  and  Gulf  area  the  cor—   ■  ■ 
responding  figure  was  under  $400,'  and  for'  the  Chesapeake  area  only  a"bout 
$250.   Even  in  the  case  of  the  relatively  large  vessels  covered  "by  the 
recent  stud;?-  of  fishermen's  earnings  the  gross  output  per  man  in  19,33  did 
not  rea.ch  $2,400  for  any  area.   In  the  Great  Lalces  it  was  .only  $1,200  and  . 
in  the  Sou.th  $550.      ' 

Over  the  last  25  or  30'  years,  however,  a  decrease  of  16  or  17  per 
cent  in  the  numher  of  persons  engaged  in  the  fisheries  has  accompanied  an 
increase  of  40  or  45  per  cent  in  "both  the  quantity  and  the  value  of  the 
catch.   Evidently,  therefore,  there  has  "been  a  su"bstantial  improvement  in 
the  productivity  of  fishing  la'bor  during  the  past  generation. 

PERIODS  OF  ACTIVE  ElffLOYLrEM  IM  THE  FISHERIES 

In  normal  years  regular  vessel  fishermen  a,re  actively  engaged  in 
fishing,  on  an  average,  for  a'bout  10' months  of  the  year.   In  the  case  of 
regular  "boat  fishermen  the  normal  period  of  employment  is  shorter  -  per—   . 
haps  six  to  eight  months.   In  a  depression  year  like  1933  vessel  fishermen 
were  not  active,  on  an  average,  for  more  .than  seven-  or  eight  months,  and 
the  employment  of  "boat  fishermen  was  curtailed  at  least  proportionately..  . 
Little  is  known  with  regard  to  the  periods  of  employment  of  casual  fishery 
men,  "but  they  are  as  a  rule  shorter  than  those  just  indicated. 

IMFREQ.UEI^TCY  OF  SUPPLEIvIENTARY  EMPLGYMMT  OR  EARIJIINGS       .:■.■  ■■      - 

The  time  of  regular  fishermen  when  they  are  not  engaged  in  fishing 
is  in  some  degree  talcen  up  with  the  overhauling  of"  their  craft  and  gear. 
At  present  no  systematic  information  is  availa'ble  as.,  to  the  extent 
which  such  men  supplement  their  money  earnings  from  their  main  occupation 
hy  other  emplojnnents.   Such  evid.ence  as  there,  is,  however,  indicates  that 
siipplementary  earnings  of  the  kind  amount  to  very  little.   Regular  fisher-  . 
men  are  accustomed  to  highly  specialized  work,'  which  tends  to  unfit  them 
for  most  other  occupations.   The  strenuousness  of  much  of  their  la'bor 
while  actually  fishing  hreeds  a  tendencj?"  to  rela.xation,  which  might  some- 
times "be  called  loafing,  daring  the  off  season.   In  the  northern  half  of 
the  United  States  the  active  sea„son  in  most  of  the  fisheries  tends  to 
collide  with  that  in  man.uf acturing  industry  and  in  agriculture.   The 
casual,  fishermen  in  that  part  of  tiie  country  find  their  chief  supplementary 
eiirplojT.ient  in  the  summer  resort  and  tourist  trades. 

9581 


-49- 


Tlie  seasonal  fluctuation  in  the  to 
ducing  industry  which  results  from  this 
ment  throughout  the  year  is  reduced  by 
fall,  to  a  considerable  extent,  at  diff 
fisheries  and  sections  of  the  country, 
net  seasonaJity,  which  was  prepared  by 
on  the  basis  of  suggestions  made  by  the 
method  was  used  which  may  perhaps  cause 
seasonal  movement  somewhat.  Probably, 
the  situation. 


tal  personnel  of  the  primary  pro- 
lack'  of  continuous  active  employ- 

the  fact  that  the  active  seasons 

erent  times  in  the  various       <, 
Table  XIV  shows  an  index  of  this 

the  American  Federation  of  Labor, 
Fisheries  Unit.  A  simplified 
the  index  to  exaggerate  the 

however,  it  gives  a  fair  idea  of 


EIIPLOYI.EMT  II-I  THE  WHOLESALING-  AJ'ID  FROCESSIKG  lEDUSTRIES 

No  data  exist  for  the  volume  of  employment  in  the  wholesaling  and 
processing  divisions  of  the  Fishery  Industry  prior  to  1929,  except  those 
of  the  Census  of  Manufactures.  The  latter,  which  are  averages  for  the 
year,  relate  to  the  canning  and  preserving  industries  only.  'They  are 
shown  in  Table  XV  for  the  census  years  from  1899  to  1933.   With  some  allow- 
ance for  the  effect  of  the  economic  cycle  this  volume  of  employment  may 
be  regarded  as  having  been  extraordinarily  stable  over  the  period  of  34 
years. 


■  TABLE  XIV  ■ 

ESTIliATED  MOIOTHLY  VARIATIOI  IN  THE  imrBEH  OF  PSESOKS  ENG-AGEI) 
IN  THE  FISHERIES  PROPER,    1933 


(Average  of  12  Months  -  100) 


Month 

Index 

Month 

Index 

Number 

Number 

JsJiuary 

71.0 

.  Jioly 

110.5 

February 

76.0 

August  , 

132.5 

March 

76.5 

September 

129.5     ■ 

April 

86.5 

October 

.121.0 

May 

111.5 

November 

94.5 

June 

120.0 

December 

70.5 

Source:     Unpublished  index  prepared  by  the  American 
Federation  of  Labor. 


9581 


r50-: 


TABLE  XV 


EIviPLOYIiEM   IN  PISH  CAKt^IHG  AKD  PEESERVIKG 
"ESTABLISffliiElTTS   IN  THE  UNITED  STATES  PROPEH, 
1890  -  1933  a/ 


Year 


Wage 
Earners 


Salaried 
Eraploj'-ee's  b/ 


Total 


1933 

9,993 

1931 

8,591 

1929 

.   13,612   ■ ■  . 

1927 

12,650 

1925  ■• 

10,530  . 

1923  .■ 

•  9 , 144 

1921 

■   7,946  • 

1919 

12,437 

1914 

11,155 

1909. 

9,926 

1904 

:  •■    8,445 

1899 

12,593 

So-orce: 

Census  of  luamrfactures. 

707 

10,700 

0/ 

1,158 

14,770 

1,194 

13,844 

1,109 

11,639 

1,359 

10,503 

910 

8,856 

1,373 

13,810 

1,123 

12,279 

901 

10,827 

796 

9,241 

537 

13,185 

a/     Data  for  establishments  with  products  valued  at  less 

than  $5,000  for  the  year  are  included  in,  191?  and  prior 
years,  but  not  in  1921  and  subsequent  years. 

h/     Salaried  officers  of  corporations,  are  not  included  in 
the  1933  figures, .  but  are  included  in  the  figures  for 
other  yeai's. 

c/     Not  available. 


The  existing  data  for  employment  in  the  preparing  and  wholesaling 
trades  in  1929. are  incomplete.   In  the  Bureau  of  Fisheries'  figures  for 
that  year  there  was  confusion  between  the  gross  total  employment  and  the 
average  for  tne'.year  or  season.  The  published  figures  apparently  repre- 
sented neither  one  nor  the  other,  but  something  between.   In  the  returns 
for  1930,  1931. and  1933  this  defect  was  remedied. (*)   The  result  is  that 
the  1929  data  are  not  comparable  with  the  later  ones.  The  true  total 
for  the  earlier  year  is  not  known,  but  there  certainly  was  not  the  in- 
crease from  1929  to  1931  which  appears  on  the  face  of  the  published 
figures. 

These  Bureau  of  Fisheries  data  are  shown  in  Table  SVI.   They  of 
course  include  the  employment  in  the  canning  and  preserving  industries 
which  were  shown  in  Table  XV.   The  fact  that  the  figures  both  for  1929 

(*)  The  returns  for  these  later  years  are  meant  to  be  averages  for  the 
active  season,  but  are  probably,  in  practice,  nearer  the  gross  total, 
for  the  seasonal  plateau. 


9581 


-51- 

and  1933  were   incomplete,    though  for   different   reasons,    makes   it    impossihle 
to  he   certain  as  to   the   extent   to  vvhich  the  whole  volume   of  wholesaling 
and  processing  employment  fell  off  during  the   depression.      It  would  appear, 
however,    that  the  decline  was  very  moderate. 

TA2L3  XVI 

MJI^EBER  OF  PERSONS  ElIGAGED   III  Ti^]  ?ISffiilEY  PH0CE3SIKG 
AMD  WI-IGLESALIIG  IIIDU3TEIES,   EY  AREA, 
1929,    1931   and  1933  a/ 


1933 


1931 


Area 


19S9  h/ 


Processing       Processing 

and  and 

Fnolesaling     Wliolesaling 


Processing 
Processing     Wholesaling  and 

Wholesaling 


Total,   U.S. 

and  Alaska 

— 

71,912 

42,440 

21,575 

64,015 

Kew  England 

9,177 

10,273 

7,872 

3,995 

11,867 

Middle  Atlantic 

5,631 

4,989 

815 

3,747 

4,562 

Che  sap  e alee 

11,596 

12,333 

1,459 

6,498 

7,957 

South  Atlantic 

and  Gulf 

c/ 

13,635 

4,908 

3,394 

8,302 

Pacific 

11,993 

11 , 651 

10,304 

1,373 

11,677 

Great  Lalces 

c/ 

2,202 

253 

1,352 

1,605 

Mississippi 

River 

cj 

4,834 

183 

A/ 

1,216 

i/ 

1,399   d/ 

Alaska 

11,756 

11,995 

16,646 

ey 

16,645 

Source:      Bureau 

of  Fisheries 
..    142;    1932, 

,.  Fisher^'- 

Iniur-trie 

;s  of 

the  United 

States, 

1930,   V 

p.    175;    2 

.954,   V.    110. 

a/  Includes  proprietors,    salai'iec  einkiloj^'ees  and  iTage   earners.      Wage 

earners   in  1931   and  1933  v-ere   taken  approximately  at   the   seasonal 
plateau. 

h/  Incomplete,    though  the  precise  hasis  of   the  figures   is  unlcnown. 

The   true   total   in  1929  was   certainly  ahove   that   for  1931. 

c/  Not  available . 

d/  1922  figures. 

ej         Wholesaling  as  a  separate  business  is  negligible  in  Alaska. 

SEASONALITY  OP  EMPL0Yi\ffilS 


For   the  jears  1930,    1931   and  1933  the  Bureau  of  Fisheries'  publica- 
tions,   in  addition  to   the  figures  in  Table  XVI,    show  the  average  eniploy- 
ment  for   the  year.      For   the   country  at   large   this  latter  figure   is   just 
about, half  the   eraplojonent  at  the  seasonal  plateau..      The  indications  are 
that  T/orkers  in  these  industries  are   eiiiployed,    on  an  average,    about  half 
the  year.     A  high  seasonality  of  employment  is  normal  in  most  cajining 

9581 


-52- 

indiistries.      The  fact   that   the  average   seasonality  is   so   extreme  in  the 
present   case,    however,    is  largely  due   to   the   short   season  of   the   Salmon 
canneries   in  Alaska.      For  most   other  "branches  of   the   wholesaling  and 
processing  divisions   the  average  period  of  eniployment  is  more  than  half 
the  year. 

In  the  preparing  and  wholesaling  trades  the  seasonality  of  employ- 
ment  is  less  pronoimced  than  in  the   canning  ind\istries.      Most   of  them 
have   a  nucleus  of  workers   employed  the  year  round,    together  with  a  larg- 
er hodj  whose  work  is   seasonal.      Oyster   shuckers  and  crah  meat  pickers 
are   tj'ipical  of  the  latter   class. 

The  Presh  O^^ster   Industry  is  the  only  one   of  these  wholesaling  and 
preparing  trades  for  which  exa.ct   data  exist  on  the   seasonality  of 
eniplojTnent .      These  figures   are   shown  in  Tahle  XVII        They  are  for  1933 
only,    hut   are  telieved  to  he  fairly  tjTpical. 


TISLE  XVII 

MOIITHLY  VJmiATIOK  IN  EI^ffLOYMElOT  IK  THE  PHSSH  OYSTER 

IHDUSTRY,  BY  AEEA,  1933 

(Average  of  12  Months  -  100) 


Ifew  England., 

Hew  York  and 

Chesapeake 

Southern 

Pacific 

United 

Month 

Uew  Jersey 

Bay 

States 

Coast 

States 

January 

139.4 

161.4 

151.2 

112.9 

144.2 

ITehrtiaxy 

132.5 

137.6 

150.1 

105.7 

133.8 

March 

113.9 

■    104.8-    '■ 

130.1 

■  100.4 

112.6 

April    . 

85.5 

44.1 

52.8 

112.9 

73.9 

May 

63.3 

8.3 

22.3 

91.4 

46.7 

June 

53.7 

8.3    ■ 

24.6 

78.9 

40.8 

July 

49.6 

6.  6 

24.6 

50.9 

36.5 

Aug-ust 

35.5 

14.3 

21.1 

60.9 

30.6 

SepterJoer   ■ 

100.5 

66.1 

64.5 

107.5 

88.0 

Octoher 

138.3 

185,2 

154.7 

112.9 

150.0 

Kovenher 

149.5 

229.3 

195.8 

130.8 

173.7 

Decenher 

137.2 

234.1 

207.5 

125.4 

169.3 

Source; 

Q,uestionnaire   data 

reported  hy  54 

establishments  and 

contained 

in 

E.R.A.   Research 

and  Planning  Division  re; 

port:      Survey  of 

Enployment,    Wages  and 

Hours   in  the  Fresh  Oy 

ster   Industry,   pre- 

pared  hy  John  R.  Arnold. 


TOTALPERSOKHEL  OF  THE  FISHERY  IlIDUSTRY 


When  the  figures  cited  in  the  present  chapter  are  summed  up,  they 
show  the  total  numher  of  persons  engaged  in  the  Fishery  Industry  in  1929 
to  have  heen  ahout  191,000,  and  in  1933  ahout  188,500.  As  already  point- 
ed out  the  1929  figure  is  incomplete,  and  the  true  total  for  that  year 


9581 


was  probs.tly  'between  200,000   sxid  r;10,00p.      In  any  case,    however,    the 
decline  over  the  fo'or  years  was  relatively  moderate. 

It   has  already  "been  pointed  out    tliat   onljr  40  per   cent  of  the  per- 
sons  engaged  in  the  primary  producin,';;  industry  are   employees   even   in  a 
qualified  sense.      The  figures  which  have  been  given  for   erraloyment   in 
the  preparing  and  wholesaling  trades  also   include  \7orking  entrepreneurs, 
but   the  proportion  of  the   latter   is   only  tln-ee  , to.  f ive  per   cent.      Of 
the  200,000   to  210,000  persons'  engaged  in  the  S'ishery.  Industry  in  1929 
approximately  or   61  per   cent,    were   ejrployecti   in  spne    -r^ense  of  the  word, 
while   79,000  were  entrepreneurs,    mostly  o:n.  a  very  small   scale. 


9581 


-54- 

CHAPTEH  VI 
HOimS  OP  LifflOR 

HOURS  IH  THE  PRIIIABY  raODUCING-  IKDU5TRY 

In  view  of  the  large  proportion  of  individual  entrepreneurs  in  the 
fisheries  proper  and  the  small  decrease  in  the  total  personnel  during  the 
depression,  the  question  of  restricting  working  hours  with  a  view  to 
spreading  enrplojinent  in  this  division  of  the  Industry  never  caine  up  for 
very  serious  discussion.   The  hours  of  fishermen,  of  course,  are  irregula.r 
and  at  times  long;  liut  these  conditions  are  universally  accepted  as  in- 
herent in  the  joh.   The  income  of  most  fishermen  was  so  heavily  cut  during 
the  depression  that  no  considerahle  numher  of  them  would  have  been 
inclined  to  run  the  risk  of  incurring  additional  loss  hy  cutting  down 
their  v/orking  time. 

HOURS  IF  THE  PROCESS  IITG  AIID  THOLESALIITG  IHDUSTRIES 

Hours  of  laloor  in  the  wholesaling  and  processing  divisions  of  the 
Fishery  Industry  did  not,  like  those  in  the  fisheries  proper,  escape 
restriction  under  the  codes;  hut  their  irregularity  has  "been  such  a,s   to 
defy  condensed,  statistical  t  reatment . 

Hours  In  The  Canning  Industries 

In  most  of  the  canning  industries  there  is  at  once  a  seasonal  rise 
and  fall  in  working  hours,  due  to  the  fact  that  the  raw  material  is  most 
ahitndant  during  the  middle  of  the  season,  and  an  irregularity  from  week 
to  v/eek  aiid  from  day  to. day,  due  to  short  time  fluctuations  in  the  supply. 

This  latter  state  of  affairs  is  rather  less  marked  in  the  case  of 
salmon  cajining,  hecause  of  the  shortness  and  the  concentration  of  the 
active  season.   In  the  California  Sardine  Industry,  ho\?ever,  the  short 
time  irregularity  is  increased  "by  the  fact  that  the  fishing  is  restrict- 
ed to  moonless  nights,  the  fishermen  heing  dependent  on  to  seeing  their 
prey  "by  its  phosphorescence  under  a  dark  sky.   The  raw  material  of  the 
Tuna  Canning  Industry  is  in  large  part  caught  at  long  distances  from  the 
southern  California  ports  where  the  canneries  are  situated,  and  the 
arrival  of  the  vessels  is  inevitably  irregular.   These  are  merely  saiiples 
of  the  conditions  that  exist. 

Hours  In  The  PreToaring  And  Wholesaling  Trades 

In  the  case  of  the  preparing  and  wholesaling  trades  the  situation 
is  somewhat  different.   Here  there  is  a  decided  weekly  fluctuation  in  the 
volume  of  products  handled,  with  the  peal^  on  Thursday  and  the  low  point 
on  Saturdaj-^  or  Monday.   In  the  large  eastern  wholesaling  centers,  more- 
over, there  are  special  peaks  during  Lent  and  at  the  time  of  certain 
Jewish  holidays;  and  other  irregularities  result  from  random  fluctuations 
in  the  landings  of  the  products  handled. 

In  addition  to  the  variations  from  time  to  time  within  each  "branch 
of  the  Industry,  the  average  hours  per  week  and  the  proportions  of  long 
weeks  and  days  vary  greatly  from  one  "branch  to  another. 

9581 


"55- 


AVERAGE  HOUSS  TS   TEE  'fflOLESALIITC-  THADES 

Tatle  XVIII  summarises  the  average  working  hours  before  the  institu- 
tion of  the  I.E. A.  in  1933,  in  the  oreo-.ring  and  wholesaling  trades  for 
which  such  information  could  De  obtainedo   Averages,  however,  in  cases 
like  these,  give  a  very  inadequate  notion  of  the  prohlen  involved  in  the 
attempt  to  restrict' hours  x'rith  a  view  to  spreading  employment,  ',  ' 

In  the  case  of  the  Canned  Salmon,  the  California  Sardine  and  the  ,  . 
Fresh-  Oyster  Industries,  some  detailed  fi;T..>.res  \;ere  obtained  on  pre-code  . 
working  hours.   These- three,  therefore,  my  he  taken  as  tjrpical  of  the 
situation  under  highly  varying  conditions. 

■  HOURS  IH  THE  CAIIIOD  '  SALIIOH  lEDUSTEY 

The  Canned  Salmon  Industry  has  a  short  .and  concentrated  season,  with 
only  about  12  i^eeks  of  actual  canning  operations,   llearly  half  the  shore 
workers  in  Alaska,  which  produces  80  per  cent  of  the  pack,  are. brought 
up  from  the  United  States  by  the  canning  companies  each  season.   In  view 
of  this  there  w.as  a  disposition,  in  writing  the  Canned  Salmon  Code,  .to 
pdmit  the  contention  of  the  Industry  that  it  was  not  practicable  to  spread 
eraployment  by  shortening  hours.   To  do  so  r,'0uld  have  meant  bringing  to 
Alaska  many  men  who  lyould,  during  a  considei-able  part  of  the  time,  have 
been  idle  under  demoralizing  conditions,  while  they  rould  h.ave  h.ad  to  be.  ^ 
furnished  continuously  with  quarters  a.nd  board.   In  the  case  of  this 
Industry,  therefore,  the  sole  practical  question  was  whether  the  working 
hours  in  salmon  canneries  were  so  long  as  to  call  for  restriction  on 
general  humanitarian  grounds. 

It  ""'as  admitted  that  very  long  days  '--ere  worked  at  times.   In  order 
to  find  out  how  much  this  really  amoujite-d  to  reports  of  the  daily  work- 
ing hours  at  a  number  of  tj^pical  canneries  daring  the  1933  season  were 
obtained.   These  are  plotted  in  Chart  I,   Each  gra,ph  on  this  chart 
represents  the  hours  in  a  single  establishment. 

These  graphs  suggest  that  working  hours  in  the  Canned  Salmon  Industry 
did  not,  on  the  vmole,  run  to  excessibe  lengths  over  considerable  numbers 
of  consecutive  d.ays.   The  normal  working  day  was  fairly  long.   The  workers, 
however,  are  all  men  and  the  canning  season  Lasts  only  about  three  months. 
In  view  of  this,  and  of  the  fact  that  the  restriction  of  hours  for  the 
purpose  of  spreading  employment  was  probably  not  practicable,  it  seemed 
doubtful  whether  any  regulation  was  called  for,  beyond  some  measure  to 
discourage  excessive  hours  on  occasional  d.ays.   The  most  feasible  means  of 
accomplishing  this  pta-pose  was  apparently  a  provision  for  the  payment  of 
overtime, 

HOURS  I1\F  THE  CALIFORIIA  SARDIl'IE  I1J)USTRY 

In  the  case  of  the  California  Sa,rdine  Industry  a  complete  statement 
of  the  daily  working  hours  of  individua.1  employees  during  the  1933-1934 
ses^son  was  obtained  from  seven  concerns,  representing  more  than  half  the 
total  pack.   The  irregularities  brought  out  by  these  st-,tenents  were  so 
extreme  as  to  make  it  impossible  to  condense  them  into  a  single  table. 

9581 


-56- 


The  three  sections  of  Ta"ble  XIX,  hoi-ever,  give  the  'oest  idea  prr^cticatle  ■ 
of  the  average  hours  worked  in  these  plaiits  -^nd  of  the  proportions  of 
long  days  and  long  v/eeks,  during  the  season  in  question. 

Since  the  original  object  of  this  analysis  was  to  test  the  assertions 
of  memhers  of  the  Industry  that  it  had  heen  necessary  to  work  long  hours 
with  considerahle  frequency,  these  tabulations  were  confined  to  male 
employees.   It  raa;jr  "be  ass'-amed  that  the  working  hours  of  female  employees 
ran  somewhat  shorter. 

Even  with  this  tias,  these  tahles  indicate  a  ra.ther  small  proportion 
of  long  days  and  weeks.   The  irregularity  was  so  great,  however,  as  to 
make  it  ohviously  difficult  to  fit  any  formula  for  the  restriction  of 
hours  to  the  facts.   The  additional  emplojTnent  that  would  he  created  "by 
any  such  restriction,  moreover,  would  inevitahly  he  limited  and  undependahle, 

HOURS  I  IT  THE  FESSH  OYSTia  IIIDUSTEY 

Tahle  1\X   summarizes  the  d-ta  ohtained  with  regard  to  pre-code  work- 
ing hours  in  the  Fresh  Oyster  Industry.   A  glcance  at  this  tahle  is 
sufficient  to  show  that  here  the  difficulty  lay  in  the  shortness  of  the 
hours  alrea.dy  resulting  from  the  subnormal  volume  of  "business  of  the 
Industry,  especially  in  the  case  of  the  shuckers,  who  constitute  50  or 
60  per  cent  of  all  the  emploj^ees.   These  shuckers  are  piece  ^"orkers.   The 
numher  employed  was  not  materially  reduced  from  1929,  to  1933;:  "but  their 
working  hours  were  so  niich  cut  down  "by  the-  contraction  of  the.  volume,  of 
"business  that  they  suffered  an  average  decline  in  earnings  of  nearly  30 
per  cent,  ,, 


9bcl 


-57- 


Ta3LE  XVIII 

iVIILflGS  PHE-CODE  'ffiEKLY  HOURS  GF  LiSOH   IjI  THE  FISHERY 
PSEPAEIIIG  Al©   .JHOLESALIKG  TRADES, 
FIRST  IIALE  OF  1933 


Industry 


Avero°;e  Hours  loer   Vfeek 


^  f f ice 
Employees 


Plant 
Employees 


Preparing  and  Vrnolesaling  Trades 
General: 


New  England 

Liddle  Atlantic 

IvIid-'.-rest 

Southeast 

G^llf  South 

northwest  and  Alaska 

Southwest 


39.9 

45.9 

a/ 

48.0 

43.0 
a/ 


45.2 
46.6 
56.0 
57.5 
60.0 
49.1 
55.0 


Specialized: 

oyster 

Shuckers 

Others 
Blue  Crat 
Lotster 
Sponge 
Alaska  Herring. 


42.6 


52.0 

46,0 
a/ 

43.0 


22.sk/ 

48.9 
46.0 
50.5 
54.0 
49.1 


Secondary  Processing  Industries 

Cyster  Shell  Crushing 
Processed  or  Refined  Fish  Oils 


a/ 
a/ 


42.0 
52.0 


Source:   Q,uestionnaire  data  furnished  hy   estatlishments  and  tes- 
timony of  industry  representatires  at  Code  hearings, 
contained  in  E.E.  A.  Divison  of  Research  pnd  Planning 
reports  prepared  oy  John  R.  Arnold. 

a/    Hot  available;  numher  of  office  employees  snail. 

t/    Estimated  on  the  hasis  of  data  for  shuckers'  piece  work 
in  17  tjrpical  estahlishments. 


9581 


CHART      I 


58- 


AVERAGE    DAILY    HOURS     WORKED     PER    EMPLOYEE   IN 
SELECTED    SALMON    CANNERIES   IN    ALASKA 
JULY  AND  AUGUST   1933 


'  6  n  is        2i        26       31 


15 — as — Z5 

AUGUST 


CANNERY     "G" 


6  II         16        21         26       31  S  10         15         20       23 

JULY  AUGUST 


CANNERY     "B" 


'l  6         II  16        21        26       31  5         10        15       20        25 

JULY  AUGUST 


CANNERY     "C" 


CANNERY 


-J /—^ 


I  6        II         16       21        26       31         5        10         15       20        25 

JULY  AUGUST 


CANNERY    °J" 


A^/^ 

I  6         II         16       21        26       31         5        10         IS       20        2S 

JULY  AUGUST 


CANNERY    "K" 


AtH- 


-yx^^ 


6  II  16        21        26        31  5         10        IS         20        25 

JULY  AUGUST 


CANNERY     "F" 


1                 1 

-jy—^/fj\y^Vj 

I  6         II        16       21        26      31         5         10        IS       20       25 

JULY  AUGUST 


CANNERY    "L 


:^j:dM:?-=vM^ 


'I  6         I  I        16         21        26       31  5  10         15       20       25 

JULY  AUGUST 


SOURCE'    RESEARCH    AND    PLANNING     DIVISION,    NRA,   IN 
COOPERATION      WITH     NATIONAL      CANNERS 
ASSOCIATION 


NRA 

DIVISION      OF      REVIEW 

STATISTICS       SECTION 

NO.  454 


TABLE  Xn 

PEE-CODE  WEEKLY  HOURS    OF  MALE  EMPLOYEES    IN  7  CALIFORNIA 
SARDINE   PLANTS,    SEASON  OF   1933-1934 


(1)     Average  Hours   of 

Employees 

in  7  Plant 

s  for 

•  eaoh  Week  of  Season 

Week  Ended : 

Hours   per 

Week 

Week  Ended: 

Hours   pe 

Week 

r 

Week  Ended:                ^""'"^   P^*" 
Week 

Aug.      5 

33.6 

Oct, 

.    14 

22.8 

Dec. 

23 

51.6 

12 

21.2 

21 

32.6 

30 

23.2 

19 

39.7 

28 

35.8 

Jan. 

6 

28.8 

26 

40.4 

Nov. 

.     4 

21.1 

13 

36.9 

Sept.   2 

29.8 

11 

30.3 

20 

30.1 

9 

31.8 

18 

37.9 

27 

32.7 

16 

34.4 

25 

32.1 

Feb. 

3 

35.4 

23 

28.0 

Deo. 

.     2 

23.1 

10 

54.4 

30 

23.5 

9 

28.3 

15 

40.3 

Oct.     7 

26.7 

16 

30.1 

- 

- 

— 

Weighted  Average   for  Season,   7  Plants   - 

32.3 

(2)     Proport 

ions  of  Employees    in 

Individual 

Plants,   by  Average  Weekly 

Hours 

Hours   per  Week 

Plant  : 

Humbe 

r 

1 

2 

3 

4 

5 

6 

7 

Total 

lOO.OjJ 

100.0^ 

100.  C^ 

100.0?? 

100.0^ 

100. 0?S 

100.  OJJ 

36  and  Under 

50.6 

31.5 

68.9 

60.5 

69.7 

41.9 

73.9 

36.1  to  40 

4.7 

— 

5.9 

3.3 

1.6 

5.8 

5.2 

40.1  to  44 

4.2 

9.6 

5.4 

3.3 

5.3 

8.1 

2.1 

44.1   to  48 

5.6 

5.5 

3.6 

2.0 

4.5 

3.2 

4.2 

48.1  to  54 

5.6 

53.5 

3.2 

6.6 

7.6 

6.4 

5.2 

54.1  to   60 

3.3 

— 

3.2 

16.4 

5.3 

6.4 

2.1 

60.1  to   70 

2.2 

— 

5.0 

3.3 

2.5 

9.7 

6.3 

Over  70 

22.1 

.  — — 

4.5 

4.6 

3.8 

18.5 

1.1 

(3)     Niimbers 

of  Weeks 

During  which  the  Ave 

rage 

Hours   of 

Employees 

in  Individual  Plant 

;s  Exceeded 

Certain  Hours 

Number   of  Weeks 
Worked   in 

Plant  Number 

Weighted 
Average, 

Excess   of: 

1 

2 

3 

4 

S 

6 

7 

7nPlants 

Total  Weeks   in 

Season 

29 

15 

28 

29 

29 

29 

26 

26.6 

40  Hours 

17 

3 

2 

7 

4 

16 

2 

6.3 

44  Hours 

11 

S 

2 

7 

2 

14 

1 

4.6 

48  Hours 

10 

- 

- 

5 

2 

8 

1 

3.2 

54  Hours 

2 

^ 

•• 

4 

1 

7 

1 

1.7 

Source:      Data  supp] 

.ied  by  seven 

concerns   accounting 

for   half   the    ou 

tput  of  the   California  Sardine 

Industry' 
•  Report   on 

contained   m  NRA     Division  of  Research  and  Planning^  report  -  Supplementary 
Hours   and  Wages   in  the   California  Sardine  Processing   Industry,    prepared  by 

-SO- 


TABLE  :cK 

Hi  URS  WUEKED  PER  ':,'EEE  IIT  THE  FEESH  OYSTER 
liuDUSTRY,  DECSLSrE,  IS 33 


Plant  Employees 

Hours  Office  Employees 

per  Week         (Per  cent  of  Total)    Sliucke r s  a/    Others 

(Per  cent     (Per  cent 
of  Total)     of  Total) 


Total  100.0 

10  or  less  11,1 
10,1  to  20 
20.1  to  25 
25*1  to  30 

30.1  to  35  2.8 

35,1  to  40  33.3 

40.1  to  50^  41.7 

50.1  to  55  2.8 

55,1  to  60  5,5 

Over  60  2.8 


Source:   (Questionnaire  data  conta,ined  in  the  N.R.A.  Research  and 
Planning  Division  report  -  Survey  of  Employment,  Wa;qes 
and  Hours  in  the  Fresh  Oyster  Industry,  prepared  by 
John  R.  Arnold, 

a/   Estimated  on  the  basis  of  data  for  shuckers'  piece  work 
in  17  typical  establishments, 

b/   Due  to  an  error  in  reproducing  the  schedule  for  the 
collection  of  the  data,  the  frequency  40.1  to  45  was 
omitted. 


9581 


.00.0 

100.0 

«- 

18.1 

37.3 

— 

18.6 

— 

3.6 

, — 

3.8 

3.5 

32.5 

19.0 

4.2 

38.8 

^ 

3.4 

— 

15.5 

1.7 

-61- 

CHiPTEH  VII 
EAEKINGS  OF  THE  PEHSGMEL 


MODES  OE  COMPENSATING  FISHEEMEN 

Of  the  40  per  cent  of  the  -oersonnel  of  the  fishing  industry  proper 
who  may  "be  classified  in  some  sense  as  employees  atout  75  per  cent 
receive  their  compensation  in  the  form  of  shares  in  the  value  of  the 
catch.   A  small  TDroiDortion  are  paid  on  a  piece  hasis  and.  only  20  or 
25  per  cent  receive  fixed  wpges.  From  one-half  to  two-third  of  the 
fishermen  on  the  Great  Lakes  work  on  the  latter  hasis;  hut  with  this 
exception  the  payment  of  w^.ges  in  confined  to  a  few  fisheries  operating 
under  somewhat  special  conditions.   There  appears  to  he  no  general 
tendency  for  the  w^ge  system  to  supplant  the  share  system. 

THE  SHARE  SYSTEM  :  ■ 


m 


In  nearly  all  cases  the  crew  share,  out  of  which  the  individual 
emhers  of  a  crew  working  on  shares  are  compensa-ted,  is  a  residual 
figure,  "being  what  remains  of  the  T5roceeds  from  the  sale  of  the  catch 
after  the  current  operating  expense  an.d  the  share  assigned  to  the 
vessel  or  hoat  have  heen  deducted.   The  vessel  or  hoa,t  share  represents 
the  gross  -orofit  or  gross  income  of  the  enterprise;  and  all  overhead 
expense  (repairs  and  upkeep,  insurance,  taxes,  current  replacements  of 
gea,r,  ajid  usually  the  loss  on  trips  that  fail  to  yield  any  net  share 
for  the  crew)  is  charged  against  it. 

In  the  case  of  share  vessels  the  tendency  has  "been  for  the  current 
operating  expense,  the  vessel  share  and  the  crew  share  each  to  represent 
ahout  onet?third  of  the  value  of  the  catch.   If  the  crew,  share  falls 
much  ■'oelow  this  proportion,  the  men  are  likely  to  he  adversely  affected. 

The  agreements  or  "lays"  which  govern  the  su'bdivision  of  the  value 
of  the  catch  of  share  fishing  craft,  and  which  determine  the  extent  to 
which  operating  expenses  is  charged  against  the  vessel  and  the  crew 
jointly  or  against  thelatter  al'One,  are  numerous,  though  they  can  he 
distrihuted  among  a  comparatively  small  numher  of  well-defined  types. 
Tahle  XXI  gives  a  tentative  classification  of  the  kind,  hased  on  the 
recent  U.S.A.  study  of  fishermen's  earnings.  (*)  .-The  important  lays 
have  changed  hut  little  during  the  past  generation,  or  even  since  the 
Eighteenth  Century.   A  large  majority  have  never  heen  reduced  to 
writing;  and  as'  a  result  they  constitute  perhaps  the  most  informal 
and  at  the  same  time  the  most  stahle  class  of  economic  relationships 
in  the  country. 

THE  ElvEPLOYEE  STATUS  IN  THE  FISHERIES  .  ; 

The  courts  have  long  regarded  fishermen  who  work  on  shares,  hut 
who  do  not  participate  in  the  sale  of  the  catch  of  their  craft,  as 

*  The  classification  is  based  on  data  for  vessels  only.   The  extent  to 
which  it  is  applicable  to  hoats  is  at  present  unknown, 

9581 


-62- 


TiSLB  XXI 


PEIWCIPAL   TYPES  OF  LAYS  ■  OR  SHifiE  AGIIEEL3]1TS   IN  USE  ON  FISHING- 
VESSELS   IN  1933,    ANE  THEIR  RELATIVE  IMPORTANCE 


Terius  of  Lay 


Proportion  of 
Reporting  Vessels 
(per  cent) 


Terms  of  Lay 


Proportion  of 
Reporting  Vessels; 
(per  cent) 


I.  Crew  shpjre  a  fixed  percentage 
of  the  value  of  the  catch: 

20  or  25  per  cent, 
50  -oer  cent 
Total  (l) 

11.  Crew  shajre  the  r'esidual  item: 

A-Yessel  shpre  a  fixed  per- 
centage of  the  value  of 
the  catch: 


1.1 
2o4 
3.5 


Under  20  per  cent 

1.6 

20  per  cent 

:  6.8 

25.  ^er  cent 

4,4 

30  or  33  1/3  per  cent  ' . 

2.4 

40  -oer  cent 

5.7 

Total  (II-A) 

20.9 

S-Vessel  share  a  fixed  per- 
centage of  the  net  stock  a/ 

(a)  Joint  expense  includes 
replacement  of  lost 
gear  only: 

Vessel  share  20  per  cent 

(h)  Joint  expense  inqludes 
"bait  only: 

Vessel  share  20  to  40, per 
cent 

(c)  Joint  expense  50  to 
75  per  cent  of  total 
operating  expense:  t_/ 


13.8 


6.3 


Vessel  share  25  per  cent      2.2 

Vessel  share  50  per  cent     11.4 

Total  (lI--B-(c'))  13.6 

(d)  All  operating  expense 
Joint: 

Vessel  share  20  per  cent  or 

less  1.6 
Vessel  share  30  or  33  l/3 

per  cent  9,5 

Vessel  share  40  per  cent     .  6.8 

■  Vessel  share  50  per  cent     11.5 

Total  (lI-B-(d))  29.2 

Total  (lI-B-(a)  to  (d))   62.9 

C-All  operating  expense  Joint 
ahd  vessel  receives  a  fixed 
numher  of  shares  in  the  net 
stock:  a/ 

One  share         '  4.2 

■Two  Shares  1.4 

Three  hut  less  than  four 

shares  1.4 

Four  hut  less  than  five 

shares  1.9 

Six  or  seven  shares  3.8 

Total  (II-C)  12.7 

Total,  -phere  vessel  share 
is  a  fixed  percentage  of 
the  net  stock:a/  (II-A  to 
C)  96.5 


Grand  Total 


100.0 


9581 


Source:  N.R.A. ,  Division  of  Re- 
search and  Planning  study 
of  fishermen's  earnings. 

a/  Value  of  the  catch  less  joint 
expense  (i.e.,  operating  exoense 
charges  to  the  vessel  and  the 
crew  jointly). 

h/  Re  guar  ly  includes  fuel  and  luh- 
ricants  and  often  ice,  salt,  and 
hait,  hut  not  food  or  wages. 


-63- 


employees  in  the  same  sense  as  wage  earners  in  a  factory;  and  this  is 
also,  naturally,  the  point  of  vieijr  of  large  fleetowners.   The  economist,^ 
on  the  other  hand,  is  likely  to  think  that  the  dependence  of  share 
fishermen  for  their  compensation  on  a  residue  of  the  operating  revenue 
of  the  enterprises  with  which  they  T-^ork  makes  them  -oroperly  entre- 
preneurs.  In  the  case  of  corporation-owned  vessels,  the  legal  doctrine 
is,  for  practical  purposes,  not  far  from  the  truth.  But  with  respect  to 
a  majority  of  the  class  it  is  unrealistic,  and  the  economic  theory  is 
nearer  the  facts.  .... 

A  large  pro-oortion  of  fishermen  working  on  shares,  and  especially 
of  those  composing  the  crews  of  small  craft,  do  not  really  regard  them- 
selves as  employees.   The  difference  is  p,axtly  psychological  and 
partly  a  matter  of  the  ownership  of  fishing  gear,  and  of  other  privi- 
leges .and  responsihilities  inconsistent  ?rith  a  strict  employee  sta,tus. 
During  the  worst  years  of  the  depression,  moreover,  fishermen  were 
frequently  forced  to  wait  for  the  liquidation  of  their  shares,  when 
the  purcha^sers  of  the  catches  of  their  craft  were  unahle  to  make  pay- 
ment within  the  time  stipulated.   Such  men  cannot  he  said  to  have 
enjoyed  effectively  the  "benefits  of  an  employee  sta.tus.   It  seems  hard 
to  avoid  the  conclusion  that  for  pra.ctical  purposes  the  position  of 
most  share  fishermen  is  intermediate  between  tha^t  of  small  enterpreneurs 
and  of  employees  in  the  ordinary  sense.  '   •   . 

EAMIHG-S  PIT  PISSSmtEN  IN  1955 

Almost  the  only  available  data  with  regard  to  the  earnings  of 
fishermen  are  those  resulting  from  the  N.R.A.  study  of  the  subject, 
made  in  connection  with  the  fishery  codes.   The  completed  portion  of 
this  study  covered  the  vessel  fisheries  only.   Table  XXII  summarizes 
the  results  by  geographical  area  and  by  vessels  working  on  a  share, 
a  wa.ge  and  a  piece  rate  basis.   The  averages  indicated  in  this  table 
have  been  weighted  to  allow  for  the  fa.ct  that  the  original  da,ta  fur- 
nished considerably  larger  saraples.  in  the  case  of  some  fisheries  than 
of  others. 

With  respect  to  the  boat  and  shore  fisheries  it  can  only  be  said 
for  the  present  that  the  average  gross  income  for  the  former  in  1953 
was  about  $500  per  boat,  and  for  the  latter  about  $225  per  man.   Since 
there  are  on  an  average  one  and  a  half  men  to  a  fishing  boat,  the 
gross  -income  per  man  was  proportionately  lower.   The  average  net  in- 
come of  this  large  class  can  at  present  only  be  guessed  at;  but  in 
1955  it  can  hardly  have  exceeded  $300  for  the  year.   About  a  third 
of  these  xnen,  of  course,  are  casual  fishermen  who  derive  at  least 
half  their  money  income  from  occupations  other  than  fishing, 

SHARB  EARMIvGS  IN  1929  MP   1934 

The  questionnaire  sent  out  in  connection  with  the  study  of 
fishermen's  earnings  called  for  data  with  regard  to  the  year  1955 
only.   It  has  been  possible,  however,  by  supplementarjr  calculations, 
to  estimate  the  corresponding  earnings  per  man  on  share  vessels  in 
1929  and  in  1934.   These  figures  are  shown  in  Table  XXIII.   They  in- 
dica.te  an  average  decline  of  57  per  cent  from  1929  to  1933,  and  an 
average  increase  from  1933  to  1934  of  52  per  cent.   In  the  latter  yeax 
the  average  was  still  about  35  per  cent  below  the  level  of  1929. 
9581 


~64-r.. 


TIBLJ]  XXII 


AVEMaE  E£RlvI3gGS  OE  "VES'SEL  EI SHEEIviEH •  FOR  TEE' YEiEM933,.  WBIGHOISD 
■■    . ■■ACGOHI)IN(i  TQ  THE   TOTAL' IfUlViBEH' IK  EACH  EtSHEEY,'  'BY  AREA 


"'"■,^  ,'■'■  "./:'.■■■  >Vf,;.  ;   -Qn, Share  Vessels 

•^®^ /•■•''.' "','.,,■„;'  -■   :'   '    ■   -   ::■.:.. r    :,  \    .  .,,.''   ';^'''      •'-  ■    '    ■■     .  .    On  W0,ge 

-   ■;••.                 ,^',.[  '""  '  '■-■      From     ■     Erom  •      ., JFroin  Share s                 Vessels 

...,■,,...      .    :,.[  ■  ,  Shsires   '■:•  Wages  a/ _...   arid  Wages 


Averalge,'  U.   S. '  Sind  Alaska. ■$63.9'-,,,,.    "$75S'-''    ' 
New  England      ••■■■:.     -  vo.-  ■•,  Sals'"'.?      '  SOi''--"--^-' 
Middle  Atlantic:   '^^        ;;.     ,    '''■'.607.,'^J;'^'^-l'96     ' 
South  398"'      ?  •6i&  ■■■ 

Great  Lrkes  ■  525  500. :..-. 

California'  ....".     9,33         '.    85% 

Northwest  and  Alaska     ,■.     ',  •.   .,66.6        ._    332' 


$649  .  . 

$'510 

..6-79  ., 

,  711 

612  . 

730 

:399 

391 

679 

658 

.  847 

1,389 

/.606. 

■  525 

Source:      IT.R.A. ,    Division  of  Research  and  Planning,    study  of  fishermen's 
G2.rnings, 

a/  .         In  addition  to   or   in  lieu  of   shares.,  ,  Such  wages  are  paid 

chiefly   to .persons  having  special  .duties   or  responsihilities, 
such  as  mates,  pilots,    engin,e,6rp,,  .radio   9perators   and  cooks, 

'  '  They  do  not.  Include' percentage  ■'bonuses  paid  to   captains. 


"9581 


-65- 


TiBLE  XXIII 


ESTIMATED  AVERAGE  ANIIUAL  EARNINGS  FROM  SHARES 
OE  EISHERIvEEN  ON  SHARE  VESSELS  EOR  THE  YEARS 
1934  AN3D  1929,  COMPARED  VfJTH  1933,  BY  AREA 


Area 


1934 


1933 


1929 


Average,   U.    S,    and  Alaska 

$969 

$639 

$1,498 

New  England 

1 ,  030 

653 

1,914 

Middie  Atlantic 

503 

607 

1,867 

South 

466 

398 

■   1,600 

Grer.t  Lalces 

760 

525 

822 

California 

1,720 

923 

1,439 

Northwest  and  Alaska 

733 

606 

1,267 

Source:  N.S.A. ,  Division  of  Research  and  Planning,  study  of 
fishermen's  earnings. 


CIIAUGES  IN  EARNINGS  FROM  WAGES 

The  data  obtained  in  connection  with  this  study  did  not  permit  the 
making  of  comparahle  estims,tes  of  the.  1934  or  1929  earnings  of  fishermen 
receiving  compensation  on  a  wage  basis.  Prom  fragmentary  evidence, 
however,  it  is  apparent  that  earnings  from  wages  fell  scarcely  half  as 
much  from  1929  to  1933  as  did  earnings  from  shares,  and  that  the  former 
rose  scarcely  one-fifth  as  much  as  the  latter  from  1933  to  1934.   That 
the  latter  recover;-  was  so  small  Tfas  presLi::ia"bl;'  due  iifoart,  of  coui'se, 


tc    the   r,cce;.)ted  ts: 


idenc^^  for 


restriration  of  '.7:-^'Z,es    to   Ir.-.,  behind 


"cJ^e 


revivrl  of  ou.siness  on  an  upv^ard  nove^ieiat  from  p.  deorer; sion, 


7rom  these  facts  it  is  clear  that  average  earnings  from  wages  n,re-. 
norn?lly  on  a  decid'ely  lower  level  than  earnings  from  shares.   This  is 
due  more  to  special  conditions  in  the  fisheries  whose  employees  are  com- 
pensated on  a  wage  basis  than  to  deliberate  policy;  but  it  goes  for  to 
explain  the  manner  in  which  fishermen  who  have  been  accustomed  to  share 
compensation' stick  to  that  method  by  preference,  even  though  in  times 
of  severe  depression  it  has  affected  them  adversely, 

FISHERliEN'S  EARNINGS  AMD  THE  PRICE  CYCLE  ' 

From  1929  to  1933  the  average  earnings  of  share  fishermen  fell  more 
sharply  than  the  corresponding  value  of  the  catch,  and  from  1933  to  1934 
they  rose  more  sharply.   That  this  was  the  case  was  mainly  an  indirect 
9581 


-66- 

result  of  the  relation  "between  the  concurrent  changes  in  the  prices  of 
fishery  products,  ■  and  in  those  of  foods  tuff  s,.  pe.troleum  products,  coal 
and  ice,  the  commodities  which  accoimt  for  the  greater  part  of  the  cost 
of  operation  of  fishing  craft.   It  seems  abnormal,  however,  and  somewhat 
demoralizing  that  the'  earnings  of  a  class'  whose  income  is  as  small  as 
that  of  most  fishermen  should  vary  more  extremely,  on  the  rise  and  fall 
of  the  "business  cycle,  than  the  gross  sales  volume  of  the  enterprises  for 
which  they  work, 

Talcen  together,  these  considerations  suggest  the  desira'bility  of 
suhstituting  some  compromise  "between  straight  share  and  straight  wage 
compense.tion  for  the  traditional  share  system  of  the  fishery  industry 
proper« 

ABUSES  m  THE   AJLilNISTIiATIOIT  OF  LAYS 

At  hearings  and  conferences  on  codes  proposed  for  the  primary  pro^ 
ducing  industry  charges  were  made  of  a'buses  in  the  administration  of  share 
agreements.)   Later  the  La'bor  Adviser  on  these  codes  made  an  investiga- 
tion of  the  situation  in  Boston,  and  collected  prima  facie  evidence  of 
the  existence  of  such  a'buses.  (*)   Ihe  charges  were  "brought  against  in- 
dividual vessel  owners  in  their  capacity  as  commanders  rather  than  as 
owners;,  'and  in  the  case  of  vessels  operated  "b;;-  corp.orations  the  immediate 
responsibility  was  put  on  the  captains  and  wharfmasters  rather  than  on 
the  companies  as  such.   Tne  abuses  alleged  to  exist  \7ere  in  the  nature  of 
failure  to  give  the  _crews  the  benefit  of  quantity  discounts  on  the  pur- 
chase of  supplies,  of  charging  the  share  accounts  with 'tw'o  or  three  fill- 
ings of  vessels'  fuel  tanlcs  for  single  trips  instead  of  one,  etc. 

This  whole  matter  needs  further  investigation  and, probably  some 
remedial  action.   In  this  country  there  has  been  practically  no  public 
supervision  of  the  administration  of  fishing  last's,  whereas  in  Great  Bri- 
tain, for  example,  such  regulation  dates  back  at  least  to  the  Act  of 
Parliament  of  1894,   The  matter  seems  proper  for  action  under  a  code 
system;  but  remedies  Gould  presumably  be  applied  by  Federal  legislation 
even  in  the  absence  of  codes, 

THE  FlgHEffl/IEI\r  EivIFLOYED  BY  ALASICA  SALMOirCAirilSEiaS 

The  stud^r  of  fishermen's  earnings  to  which  reference  has  been  made 
did  not  cover  the  so-called  employee  fishennen  of  the  Canned  Salmon  In- 
dustry in  Alaska,   These  are  the  fishermen  who  work  with  craft  or  gear 
owned  or  leased  by  salmon  canning  companies.   For  code  purposes  they 
were, treated  as  employees  of  the  Canned  Salmon  Industry,  and  not  of  the 
Fishery  Industry, 

,  This  class  accounted  for  nearly  three-fourths  of  the  6,227  fisheiv- 
men  engaged  in  supplsj-ihg  Alaska  salmon  canneries  in  1934,  Almost  a  half 


(*)   Statement  based  on  a  conversa,tion  with  the  Labor  Adviser.   No  re- 
port on  the  subject  has  been  found  in  the  files  of  the  Labor  Ad- 
visory Board, 

9581 


-67- 

of  these  employee  fishermen  aie  'bro-aght  up  from  the  United  States  for  the 
season,  15  per  cent  are  white  residents  of  Alaska,  end.   35  per  cent  are 
Indians  or  Eskiraosi   The  proportions,  ho\7ever,  vary  greo.tlv  in  the  dif- 
ferent psxts  of  the  Tei-ritory,   These  men^  are  nearly  all  employed  in  "boa^t 
fisheries.  ..  , 

The  "basic  method  of  compensating  employee  fishermen  in  Alaska  is  at 
a  piece  rate  of  so  much  per  fish  caught.   In  the  Bristol  Bay  district  of 
Western  Alaska,  however,  this  piece  payment  is  comhined  r/ith  a  sua 
called  "run  money",  which,  is  supposed  to  "be  compensation  for  labor  pe3>- 
formed  at  the  .c-ijineries  "before  and  after  the  fishing  season  projier,  an.d 
while  the  recipients  are  in  traaisit  "between  the  United  States  and  Alaska. 
This  extra  work  includes  the,  loading  and  unloading  of  the  trajnsporting 
vessels  ajid  the  overhauling,  of  fishing  gear. 

The  average  earnings  of  employee  fishermen  in  the  Salmon  Canning 
Industry  appear,  .from  the  "best  information  availa'ble,  to  have  amoroited 
in  1934  to  a'bout  $750.  for  the  season,  including  run  money,  and  in  1933 
to  a"bout  $520,   The  accuracy  of  the  a,vaila"ble  figure  for  the  corres- 
ponding ea,rnings  in  1929  is  douttfrJL, 

The  earnings  of  employee  fishermen  are  materially  higher  in  TTestern 
Alaska  than  in  other  parts  of  the  Territory,  ond  higher  in  Central  Alas- 
ka than  in  the  Southeastern  division.   This  is  largely  a  consequence  of 
the  rela.tive  scale  of  the  fishing  OTjerations;  "but  it  is  also  associated 
with  the  varying  percentages  of  United  States  and  local  residents,  and 
of  whites  and  natives. 

These  earnings  a,re  a.lso  considerahlj*-  higlier  in  the  case  of  the  can- 
neries operated  l),y  the  hig  companies  than  in  that  of  the  smaller  est3."b- 
lishir.ents.   In  the  Bristol  Bay  District,  where  the  fishermen  are  prac- 
tically aJl  employees  and  are  all  emploj'-e.d  lyj   large  concerns,  the  aver- 
age in  1934  v;as  ahout  $1,075  for  the  season,  and  in  1933  about  $750. 
Cases  of  individuals  who  have  earned  $2,000  in  the  course  of  a.  season 
under  favora'ble  circuii stances  are  said  to  have  been  not  uncommon. 

TH3  TOTAL  VOLUJ/IB  OF  COIIPBrSATIOlT  11:  TKB  ?ISI-ISRIES 

It  is  not  possible  at  present  to  give  a  figure  for  the  volume  of 
compensation  received  "by  all  the  persons  employed  in  the  primary  pro- 
ducing industry.   The  data.  o"btained  in  connection  with  the  study  of 
fishermen's  ea.rnings  imply  a  total  volume  for  the  vessel  fisheries  in 
1933  of  a'bout  $9,476,000,   In  1934  the  corresponding  figure  was  approx- 
imately $12,826,000,  and  in  19.29  about  $21,153,000.   ■- 

The  volume  of  compensation  juF5t  given  for  the  vessel  fisheries  in 
1933  represented  38  per  cent  of  the  value  of  the  vessel  catch  in  that 
ye.ar.   The  returns  of  the  Census  of  1908  i.ndicated  a  totpl  compensation 
for  vessel  crews  of  $8,230,000,  excludinji  Alaska,   This  represented  37 
per  cent  of  the  value  of  the  corresponding  catch.   If  figures  for  Al3.ska 
had  been  included,  the  percentage  xYOuld  have  been  revised  a  little.  There 
has  a"rparently,  however,  been  e-tremel^r  little  change  in  the  ratio  of 
workers'  compens?tion  to  the  value  of  the  fishery  catch  over  the  past 
25  or  30  years. 

9581 


PKE-CCDB  TTAGES  .IH  T?IE  WHOLE SALIxTG-  AlID  PROCESSING  DIVISIOloS 

.     ■"        .    -  ,    . ,        J- 

The  situation  '.vith  respect  to  wagfes  in  the  '..holesali-ng  and  proces-  . 
sing  divisions  of  the  fishery  industry  was  less  complex.and,  less  contro--  • 
versial  than  in  the  C3.se  of  the  pritdsry  -oi-o  duct  ion,  ■  TaMe  XXIV  sum- 
marizes the  available  data  on  average  pre-code  earnings  in  the  pipincipal 
branches.   Table  XXV  shows  the  distribution  of  employees  earning  wages 
within  various  ranges  in  the  case  of  a  few  groups  for  which  such  data, 
were  obtainable,  ■  ■.,   • 

The  evidence  is  that,  outside  the  Gulf : 'states,  for,  which  little 
information  could  be  obtaihed  the  wages,  paid  in,  thesei. -wholesaling  and 
processing  industries,  justbefore  the  institution  of  the.  N.Pl.A.  ,  up  to 
or  rather  o.bove  the  general  level,  trere  and'  that  the  ..proportions,  of  their 
employees  who  were  receiving  ct^mpensation'  at  dis.tinctLj'-  low  rates  were 
small.   The  principal  exceptions  to  this  statement  in  Table  XXIY  are  the 
wages  for  office  employees  iii  the  Southeast  Preparing  aJid  Wholesaling 
Trade,  for  oyster  shuckers  in  the  ■Chesapeake,  area,  and  ..for  the  employees 
of  the  California  and  New  England  Sardine  Canning  Industries.   The  av- 
era,ge  shoMm  for  the  first  of '  these  groups  may  not  be  .representative,  and 
in  any  case  it  is  in  the  South,   In  the  other  exceptional  cases  the  low 
wages  were  largely  the  result  of  short  time,  due  in  its  turn  to  a  heavily 
reduced. volume  of  business,       ,    .■  , 

ITAGB  VOLTJivIB  OP  TI-IE  T^^GLESALIHGAflD  Pg.QGESSING  INDU.STEIES  • 

Table  XXlV  shows,  by  area,  the  Bureau  of  Fisheries  data  for  the 
total  wage  volume  of  the  processing  and  wholesaling,  divisions  of  the  In- 
dus tr;?-. 

The  1923  figures  in  this  t.able  are  incomplete  and  not  strictly  com- 
par.able  with  those  for  the  later  s'-ears.   Dpta  for.  1933  are  lacking  in  the 
case  of  areas  accounting  in  the  aggregate  for  almost  25  per  cent  of  the 
total-.   The'  real  extent  of  the  decline  in  the  wage  volume  of  these  in- 
dustries during  the  dexDression,  therefore,  is  not  loioiTno  - 

Fifteen  or  20  per  cent  of  the  tote.I  vol'ome  of  wages  shovm  by  Table 
SXVI  is  accounted  for  by  the  canning  and  preserving  industries,  and  80  or 
85  per  cent  b;'-  the  preparing  and  wholesaling  trades. 

GIi4:-S  TOTAL  T7AGE  VOLIMB 

Exa.ct  fi;gu.res  for  the  boat  and  shore  fisheries  are  &i   present  lack- 
ing,but  the  grand  total  volume  of  wages  and  shares,  in  1933,  of  all  per- 
sons in  the  fisheries. proper  who  might  be  looked  on  in  some  sense  as 
employees  may   be  estimated  provisionally  at  $13,000,000,  Por  the  Pish-- 
ery  Industry  as  a  whole  the  total  vol'om.e  of  employees'  earnings  in  the 
same  3-ear  may  be  put  in  a  similar  tenta'tive  manner,  at  $47,500,000, 


9581 


-69- 
TABLE  XXIV 

IVEEAG-E  PRE- CODE  WEEKLY  SAEl^IK&S  IK  THE  FISHERY 
WHOLESALING  AMD  PROCESSING  liTOUSTEIES 
EIRST  HALF  OF  1933 


Industry  and  Group  Office  Plant  Erajjloyees 

Employees 


Per  Week     Per  Season 


Preparing  and  Wliolesaling  Trades 

General; 

Nev/-  England 

Middle  Atlantic 

Mid\7est 

SoTitheast 

Northwest  and  Alaska 

Southwest 

Specialized; 


24.28 

$21.36 

31.73 

23.  57 

24.51 

21.15 

13.54 

24.12 

26.29 

18.69 

20,00 

24,52 

Fresh  Oyster 

29.33a/ 



Shuckers  t/ 



10.43a/ 

Cullers   bj 

^ — 

22.08a/ 

Other  Plant  Employees 



20,09a/ 

Wholesale  Lobster 

24.15 

26,19 

Sponge  preparing  and  Wholesaling 

oj 

15,00d/ 

Processing  Industries 

Canned  Salmon 

Residents  of  the  U,  S:  cj  - —  - — 

Whites                           $224, 52e/ 

Orientals                        164,55_e/ 

Residents  of  Alaska                 100* OOd/ 

California  Sardine  c/  lO.OOd/     

New  England  Sardine  c/  9,00d/     


Source;   Q;aestionnaire  data  and  statements  of  industry  representatives  at 
Code  hearings,  contained  in  ICIA  Division  of  Research  and  Plan- 
ning reports  prepared  "by  John  R,  Arnold. 

a/     Figures  for  December,  1932, 

b/     Piece  workers. 

cJ  No  data;  number  of  office  employees  small. 

d/  .  .  Approximate  only. 

ej  These  workers  receive  quarters  and  board  in  addition  to  the 

money  wages  specified, 
9581 


TABLE  XXV 

DISTRIBUTION   OF  PLANT  EMPLOYEES    IN  CERTAIN  FISHERY 
WHOLESALING  AND  PROCESSING   INDUSTRIES,    BY  PRE-CODE  WAGE   RATES 


California  Sardine   Industry, 
Season   of    1933-1934 


Cents  per  Hour 


Total 


iPer  Cent  of  Total 
Plant  Employees) 


100.0 


Fresh  Qyster  Industry, 
December,  1933 


Dollars  per  ISfeek 


Total 


Cullers   and 
Shuckers 


Other  Plant 
Employees 


(Per  cent  of  Total 
Employees) 


100.0 


100.0 


30 

cents 

35 

cents 

40 

cents 

45 

cents 

50 

cents 

55 

to  59, 

,9 

cents 

60 

to   69. 

,9 

cents 

70 

cents 

and   over 

Dollars   per  V/eek 


83.2 
8.1 
4.7 

.8 
1.7 

.1 
1.3 

.1 


Under  10.00 
10.00  to  14.99 
15.00  to  19.99 
20.00  to  24.99 
25.00  to  29.99 
30.00  to  34.99 
35.00  and  over 


42.3 

17.8 

32.8 

19.5 

11.6 

26.5 

7.5 

13.2 

1.1 

7.5 

1.3 

2.9 

3.4 

,12.6 

General  Preparing  and  Wholesaling  Trades,  June,    1933 


Middle  Atlantic 


Southeast 


Midwes 


ta/ 


Northwest 
and  Alaska 


(Per  cent   of  Total  Plant  Employees) 


Total 


100.0 


100.0 


100.0 


100.0 


Under  5.00 
5.00  to  7.49 
7.50  to  9.99 
10.00  to  12.49 
12.50  to  14.99 
15.00  to  17.49 
17.50  to   19.99 
2D. 00  to  22.4^ 
2<i.50  to   24.99 
25.00  to  29.99 
30. eO  to  34.99 
35.00  and  over 


25.4 

,13.0 

2.1 

5.5 

3.0 

T.-8- 

2.^ 

13.0 

8.4 

19.6 


1.8 
10.7 

7.1 
33.9 
21.4 

3.6 
14.3 


3.6 

3.6 


6.5 

2.2 

.9 

1.1 

1.9 

9  .3 

2.8 

12.0 

6.5 

.6 

12.1 

29.0 

11.2 

1.0 

4Sv9^ 

9.3 

TT.z 

2b"2 

17.9 

7.6 

10.3 

5  .5 

2.8 

2.2 

^ 


Canned  Salmon  Industry,    1955  Season 


White  Residents   of  United  States 


Dollars  per  Month 


(Per  cent   of  total 
Plant  Enqjloyees) 


Residents   of  Alaska 


Cents  per  Hour 


;(Per  cent  of  total 
Plant  Employees) 


Total 


Und 

ler 

30, 

,00 

30. 

,00 

to 

34, 

.99 

35, 

.00 

to 

39, 

.99 

40. 

,00 

to 

44, 

.99 

45, 

.00 

to 

49. 

.99 

50, 

,00 

to 

59. 

.99 

60, 

,00 

to 

69, 

.99 

TfiO, 

,00 

to 

79, 

.99 

80, 

.00 

to 

89, 

.99 

100.0 


5.0 


15.7 
9.0 
12.8 
23.9 
33.6 


Total 


Under 

15 

cents 

15 

to 

19. 

.9 

cents 

20 

to 

24, 

.9 

oentd 

25 

to 

29, 

.9 

cents 

30 

to 

34, 

.9 

cents 

35 

to 

39, 

.9 

cents 

40 

to 

44, 

.9 

cents 

45 

to 

49, 

.9 

oent» 

50 

cents 

and  over 

100.0 

3.5 
7.4 
9.4 
39.7 
20.7 
9.8 
8.0 
1.5 


Source:  Questionnaire  data  supplied  by  establishnents  and  statements  of  industry  representatives 
at  Code  hearings,  contained  in  URA.  Division  of  Research  and  Pleuming  reports,  prepared 
by  John  R.  Arnold. 

a/  Data  from  one    large   company     having  branches   in  various   parts   of  the   Midwest  territory. 

These  data  are  believed  to  be  fairly  representative   of  the  i.nduot»y. 


-71- 
T£BLE  XXVI 

TOTiL  YQLVim   OP  UAGES  11©  SALAIHES  OF  THE  FISHERY 
PSOCESSIlvTG  AND  FriOLESALIKG  IlIiDUSTHIES,  BY  AEEA, 
1929,  1931  and  1933 

(in  tiioxisands) 

j^Pea         1933 1931 1929  a/  . 

Processing  Processing   Processing  TThole-   Proces- 

^^•^        ^^^  saling    sing 

¥aolesaling  ^ole saling  ana 

Wholesaling 


Total,   U,    S. 

and 

Alaska 



$37,120 

$21 , 914 

$ 

21,122 

$43,036 

New  England 

5,410 

7,113 

3,651 

5,286 

8,937 

Middle  Atlantic    , 

6,086 

7,043 

891 

5,348 

6,239 

Chesapealce 

2,367 

2,802 

599 

2,727 

3,326 

South  Atlaaitic 

and  G-ulf 

^    . 

2,822 

2,320 

1,836 

4,156 

Great  Lalces 

ty 

2,610 

277 

2,469 

2,746 

Pacific   Coast 

6,095 

6,751 

6,860 

2,301 

9,161 

■Mississippi  River 

^ 

3,080 

208 

£/ 

1,154 

£/ 

1,362  c/ 

Alaska  d/ 

3,289 

4,899 

7,108 

£/ 

7,108 

Source:   Bureau  of  Fisheries,  Fishery  Industries  of  the  United  States, 
1930,  po  142;  1932,  p.  175;  1934,  p.  110. 

a/     Incomplete  though  the  precise  tasis  of  the  figu.res  is  unlcnovm» 
The  actual  decline  from  1929  ^jas  somewhat  greater  than  that 
indicated, 

'h/  Kot  availatle, 

c/ •  1922  figures,  '  \       . 

d/  Unpulslished  data  of  the  Bureau  of  Fisheries. 

ej  t?holesaling  as  a  separa^te  "business  is  negligible  in  Alaska. 


9531 


-72- 

CHaPTER  VIII 
the'  FISHERY  CODE  SIRUCTOEE  AI\!D  THE' TmiTIlTG  OP  THE  CODES 


ADMINISTRATIVE  COICTEOL  :  OP  THE  CODES^^  ^    •:-,;,■,■ 

By  the.  President's  Executive  Order  Uc  6132  of  June  26,  1933,  the 
writing  of  codes  for  the  Fishery  Industry,  along  with  that  of  axl  others 
for  food  producing  and  processing  industries,  was  transferred  to  the 
jurisdiction  of  the  Agricultural  Adjustment  Administration,   A  staff  was 
setup  to  deal  with  fishery  codes;  but  when  the  latter  were  transferred 
"back  to  the  N.  R.  A.  "by  the  Executive  Order  of  Janu'^ry  8,  1934,  none  had 
"been  approvedo 

THE  HATIGUAL  FISHERY.  CODE 

A  public  hearing  was  held  at,  an  early  stage  on  a  Supplementary.  Code 
for  the  Atlantic  Mackerel  Fishery;  "out  the  plan  of  those  immediately 
responsible  was  to  concentrate  first  of  all  on  the  xrriting  of  a  master 
Code  for  the  whole  Industry,  A  hearing  on  the  latter  had  already  been 
held  on  December  11,  1933,  before  the  fishery  codes' were  transferred 
back  to  the  National  Recovery  Administration*  A  number  of  difficult 
points  remained  to  be  settled,  however,  and  the  Code  was  not  approved 
until  February  26,  1934,   It  went  into  effect  on  March  22»  . 

This  master  code,  \7hich  has .usually  been  referred  to  as  the  National 
Fishery  Code,  contained  basic  labor  and  trade  practice  provisions,  which 
were,  to  apply  to  all  members  of  the  Fishery  Industry  not  expressly  ex- 
cluded, except  in  so  far  as  they  night  be  modified  by  supplementary 
codes,  '.The  provisions  were  deliberately  ma,de, rather  general,  in  the 
belief  that  i  t  was  not  practicable  at  that  stage  to  deal  with  the  special 
problems  of  individual  sub  industries, 

ADMINISTRATIVE  BODIES 


The  National  Code  Authority  was  to  be  elected  by  the  National  Fish- 
eries Association,  the  sponsor  of  the  Code,  independently  of  the  subordinate 
administrative  bodies,  provided  for.   No  rules  were  laid  down  as  to  the 
representation  of  geographical  areas  or  of  f-unctional  subdivisions  in 
the  election  of  the  National  Code  Authoritjr;  though  the  Administrator 
was  given  (Article  VIII,  Title  A,  Section  1)  -fairly  wide  powers  for  see- 
ing that  this  body  wp.s,  in  his  judgment,  sufficiently  representative. 

The  National  Code  also  provided  for  divisional  Executive  Committees 
to  administer  it  in  the  geographical  areas  and  for  the-  specialised  groups 
for  which  it  was  planned  to  write  supplementary  codes.   These  bodies, 
however,  were  to  be  set  up,  under  the  name  of  Temporary  Executive  Com- 
mittees, in  advance  of  the  approval  of  such  codes. 

The  National  Code  provided  for  an  assessment  of  one-tenth  of  one 
per  cent  of  the  previous  year's  sales  of  each  member  of  the  Fishery 
Industry,   These  assessments  were  to  be  collected  by  the  Executive  Com- 
mittees, the  National  Code  Authority  having  no  power  to  raise  fxmds 

9581 


-73- 

directly.   Twejaty-five  per  cent  of  the  collections  were  to  "be  transmitted 
to  the  National  Code  Authority  to  cover  its  expenses,  while  the  reinaindeiv 
was  to  be  retained  for  the  administration  of  the  National  and  supplementary 
codes  within  the  subdivisions. 

DEFECTS  OF  THE  NATIONAL  CODE  SET-UP. 

The  conclusion  now  seems  inescapable  that  these  arr'angements  involved 
serious  errors  of .judgnent.   The  plan  of  bringing  the  whole  Industry  with- 
in the  code  system  ,s.s'  a  first  step,  indeed,  had  distinct  merits.   Ex-  . 
perience  in  the  Agricultural  Adjustment  Administration,  moreover,  had 
shown  that  the  process  of  writing  individiial  codes  for  the  numerous  sub- 
divisions of  the  Fishery  Industry  as  a  start,  and  of  then  building  an 
integrated  structure  upon  them  as  a  foundation,  would  be  very  prolonged. 
But  though  the  principle  of  an  initial  master  code  ought  probably  to  have 
been  retained,  the  defects  of  the  system  actvially  set  up  were  serious. 

The  National  Fisheries  Association,  which  was  entrusted  with  the 
election  of  the  Code  Axithority,  was  not  sufficiently  representative  of 
the  fishing  industry  proper,  or  of  the  wholesaling  and  processing  divisions 
outside'  the  large  northeastern  centers.  Even  in  New  York  City,  influential 
representatives  of  thfe  local  trades  were  opposed  to  the  institution  of  a 
national  code  body  with  the  powers  Find  income  actually  assigned  it.   The 
Administrator  was  obliged  to  disapprove  the  Code  Authority  as  first  elect- 
ed, in  order  to  insure  some  representation  of  the  primary  producing  in- 
dustry; and  after  this  had  been  done  the  latter  was  represented  by  only 
two  out  of  a  total  of  11  members. 

The  administrative  functions  of  the  Nationa.l  Code  Authority,  as 
distinct  from  those  of  the  divisional  Executive  Committees,  were  not  well 
defined;  and  there  was  a  widespre.id  feeling  -  not  realized  by  the  Admin- 
istration at  the  tirae  -  that  it  was  unreasonable  to  assign  it  as  much  as 
25  per  cent  of  the  assessments, 

mAT  THE  NATIGNiX'CODE  PHOGRAM  SHOULD  HAVE  BEEIT        '  [ 

It  now  seems  clear  that  the  National  Code  structure  should  have 
been,  to  begin  with,  much  more  modest.   The  provisions  of  the  Code  itself 
should,  perhaps,  have  been  fewer  and  simpler  than  they  were.  All  this 
instrument  could  be  expected  to  accomplish  was  to  bring  the  Industry  at 
large  within  the  code  system,  and  to  maice  plain  to  its  numerous  members 
that  they  were  expected  to  meet  the  main  items  of  the  Administration's 
program  with  respect  to  the  hours  a,nd  wages  of  labor. 

If  any  National  Code  Authority  was  needed  before  the  esiablishment 
of  the  divisional  Executive  Committees,  it  should  have  been  a  provisional 
body,  and  should  not  have  been  elected  by  an  organization  of  such  dubious 
representativeness  as  the  National  Fisheries  Association,  It  should  have 
been  frankly  realized  that  this  national  body  could  be,  at  the  beginning, 
a  little  more  than  decorative,  since  practically  all  the  actual  work  of 
administration  would  have  to  be  done  by  the  divisional  Committees, 

It  should  probably  have  been  provided,  moreover,  that  these  latter 
bodies  should  themselves  elect  the  permanent  Code  Authority,  Much  greater 

9581 


«74- 


pains  should  have  Ijeen  taken,  to  make  sure  that  the  latter  was  thoroughly- 
representative,  geographically  and  functionalljr.   It  should  probahly 
have  "been  larger  than  the  Code  Authority  actimlly  provided,  with  the 
realization  that,  to  T3egin  with  at  any  rate,  it  had  hest  meet  only  once 
or  twice  a  year;  that  it  would  he  primarily  a  hody  of  delegates' of  the 
local  Committees;  and  that  its  functions  during  the  earlier  stages  of  the 
code  program  would  he  chiefly  to, discuss  and  advise. ,  i'or  the  purposes  of 
such  a  National  Code  Authority  a  smaller  proportion  of  the  assessments 
than  the  25  per  cent  actijxilly  stipulated  shoixld  have  been  sufficient. 

DEVELOPmHT  OF  THE  SU?PLSI.iE;iTAP.Y  "CODEa 

Before  the  National  Code  was  approved  puhlic  hearings  had  "been  held 
on  supplementary  codes  for  the  Fresh  Oysters  the  TiTholesale  Lobster,  and 
the  New  England  Preparing  and  Wholesaling  divisions  of  the  Industry,  .  The 
writing  of  su;oplementary  codes  continued  to  he  pressed.   By  the  first 'week 
in  June,  1934,  five  had  oeen  ap^'sroved,  as  veil  a,s  an  independent  code  for 
the  Oyster  Shell  Crushers  Indxistry.   The  five  :7ere  the  Fresh  C^'^ster,  the 
■<7holesale  Lobster,  the  California-Sardine  Processing,  the  Atlantic  Mackerel 
Fishing  and  the  Blue  Crab  Codes,  ■/All  these  except  the  Atlantic  Mackerel 
Fishing  Code  were  for  specialized  preps.ring  rnd  wholesaling  trades  or  for 
canning  industries.   The  Atlantic  Mackerel  Code  Applied  to  a.  primary 
producing,  indiistry;  and  the  Fresh.  Oyster  a.nd  Blue  Crab  Codes  included, 
along  with  the  preparing  and  wholesaling  trades  concerned,  the,  specialized 
fishing  industries  producing  those  particular  products. 

In  the  course  of  a  trip  talcen  by  the  Deputy  Administrator/in  charge 
of  the  fishery  co6.es  and  his  advisers  during  April,  and  May,  1934, ..hear-  . 
ings  were  held  on  ten  additional  supplementary  codes. 

During  the  sumrier  an  independent  Code  was  approved,  for  the  Processed  .,' 
or  Refined  Fish  Oil  Industry,  and  a  Supplementary  Code  for  the  Eastern 
Section  of  the  Trout  Farming  Industry  -  a  very  specialized  subdivision. 
The  Sujjplementary  Code  for  the  Uew  England  Prepe.ring  and  TiTholesaling 
Industry,  on  which  a  hearing  had  been  held  in  February  1934,  was  not 
approved  till  September,   He■^ring.s  on  the  other  six  codes  for  the  general 
preparing  o,nd  wholesaling  trades  had  been  held  by  the  first  week  in  June, 
None  of  these,  however, _ was  approved  until  after  the  beginning  of  1935, 
a,nd  three  of  them,  had  not  been  approved  at  the  time  of  the  Schechter 
decision. 

Public  hearings  were  held  on  five  other  supplementary  codes,  for 
branches  of  the  primary  producing  industry  -  the  G-reat  Lakes  Fisheries, 
the  Pacific  Halibut  Fishery,  the  Pacific  Crab  Fishery,  the  Lobster  Fishery, 
and  the  Florida  Fisheries;  but  none  of  these  had  been  approved  at  the 
time  the  codes  were  suspended.  , 

CAUSES  OF  THE  DELAY  IN  TffilTIlIG  SUPPLEilEHTAEY  CODES 

From  this  summary  it  is  evident,  first,  that  after  five  of  the 
proposed  supplementary  codes  had  been  approved,  there  began  to  be  great 
delay  in  the  writing  of  the  remainder;  second,  that  .this  affected  par- 
ticularly the  codes  for  the  general  preparing  and  ?/holesaling  tra^des  and 
the  fishing  industries  proper;  and  third,  that  the  change  in  conditions 

9581 


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to  which  these  delays  \'7ere  due  occurred  a^bout  Jiiiie ,  1934. 

This  state  of  o^ffairs  "/as  primarily  the  result  of  two  things  -  first," 
the  large  si^ie  and  artificial  char~.cter  of  the  areas  to  which  the  Admin- 
istration insisted  that  the  supplementary  codes  for  the  general  preparing 
and  wholesaling  trades  and  the  primary  producing  industry  should  apply » 
and  second,  the  promulgation  on  .Jxuie  7,  1934,  of  Office  Memorandum  No. 
228,  which  defined  the  provisions  vdth  regard  to  price  filing  and  price 
control  that  the  Administration  was  prepared  to  a jprove  in  future  codes« 
The  delays  due  to  these  causes,  however,  themselves  tended  to  "breed  fur- 
ther delay,  since  it  xDOstponed  the  writing  of  additional  fishery  codes 
until  the  first  interest  in  the  code  program  and  the  first  confidence  in 
its  practicahility  had  subsided. 

It  should  be  stated  emphatically  that  little  if  any  of  this  delay 
was  the  result  of  conditions  in  the  Deputy  Administrator's  office.   In 
fact,  had,  it  not  been  for  the  patience  and  persistence  displayed  'by   the 
two  Deputies  successively  in  charge  of  these  codes  and  by  their  staff,  it 
is  unlikely  that  any  of  those  approved  after  the  early  summer  of  1934 
wo-oldhave  come  into  existence. 

THE; PROBLEM  OF  SUPFLEIIENTABI  CODE  AP-EAS  ' 

The  problem  of  the  areas  to  which  the  general  preparing  and  whole- 
saling and  the  less  specialized  fishing  codes  should  ap.ily  wps  a  difficult 
one.   The  perishability  at  some  stage  of  all  fishery  products,  the  small 
size  of  the  typical  enterprise,  and  the  lack  of  efficient  large  scale  trade 
organization  before  the  II.R.A.  was  instituted,  combined  to  cause  the  mem- 
bers of  the  Industry  to  think  of  their  interests  in  terras  of  comparatively 
small  areas.   The  number  of  fishery  codes  originally  proposed  X7as  in  the 
neighborhood  of  80,  Both  from  a  practical  administrative  standpoint,  and 
because,  in  the  ca,se  of  the  preparing  and  wholesaling  trades,  the  smaller 
the  areas  covered  by  the  supplementary  codes  the  greater  would  have  been 
the  difficulty  resulting  from  overlapping  trade  relationships,  it  was 
essential  to  reduce  this  number  considerably. 

The  difficulties  created  by  the  size  and  artificial  character  of 
nearly  all  the  seven  regions  finalljr  insisted  on  by  the  Administration 
as  a  basis  for  the  supplementary  codes  for  the  general  preparing  a.nd 
wholesa,ling  trades  were,  ho?rever,  serious.   It  was  possible  to  obtain 
assent  to  codes  for  some  of  these  regions  only  by  agreeing  to  a  more  or 
less  elaborate  system  of  subcommittees  for  different  parts. 

In  several  instances  the  trade  org,anization  which  presented  the  code 
originally  set  for  hearing  was  not  and  could  not  be  representative  of  the 
larger  aroa.   Conscientious  efforts  were  made  by  these  groups  and  by  the 
Deputy  Administrator's  office  to  obtain  a.ssent  from  additional  concerns. 
But  the  somewhat  forced  inclusion  of  gtoups  vfhich  were  conscious  of  no 
strong  bcoids  of  common  interest  with  the  original  proponents  diluted  the 
feeling  in  favor  of  a  code  system  for  the  Industry,  and  worked  against 
the  effective  enforcement  of  the  approved  provisions, 

A  parallel  insistence  by  the  Administration  on  the  writing  of  singr.e  sup- 
plementary codes  for  all  out  the  most  siacialii^ed  fiplieries  of  rel.::t;ively 

9581 


■  -76- 

l,n,rge  areas  w.asof  itself  enough  to  prevent  even  a  good  start  in  the  case 
of  the  primary  producing  industry. 

OFFICE  IvEEMORAICDm  Wo    228  AM)  TilE  FISHERY  CODES 

The  statements  already  made  with  regard  to  the  prominence  of  pro- 
visions for  the  maintenance  and  control  of  prices  in  the  fishery  codes 
originally  submitted,  as  a  result  of  the  severe  defla.tion  in  the  prices 
of  many  fishery  products  from  1929  to  1933s  suggest  why  the  promulgation 
of  Office  Iviemorandiim  Eo.,  228  proved  a  further  cause  of  delg^^,  particularly 
in  the  case  of  the  preparing  and  vjholesaling  tradeso   The  proponents  of 
these  codes' were  more  interested  in  provisions  to  prohibit  destructive 
price  cutting  and  to  permit  the  setting  of  minimum  prices,  with  or  with- 
out emergencv  limitations,  than  they  were  in  the  filing  of  open  prices. 
The  former,"  however,  were  precisely  the  types  of  code  provisions  that 
were  banned  or  rigidly  limited  in  scope  and  effectiveness  by  Office 
Memorandum  Wo,  228,  and  by  manner  in  which  it  was  interpreted,     .  ■■ 

it  is  not  intended  to  raise  any  question  as  to  the  advisability  of 
the  policy  set  forth  in  this  Memorandum;  -but  the  fact  that  it  had  the 
effect  of  a  bucket  of  cold  water  on  the  proponents  of  mpst  of  the  fishery 
codes,  and  adversely  affected  th&  interest  taken  by  the  Industry. in.  the 
N.E.A,  program,  was  too  patent  for  dispute  by  any  one  familiar  with  the 
factse 

TILE  DELAY  ^IH  ffRITINa  CODES  FOR  THE  FISHERIES 

The  limitations  on  the  approval  of  price  control  provisions  which 
were  set  forth  in  Office  Hemorandum  No.  228  wefe  a  cause  of  delay  in  the 
writing  of  supplementary  codes  for  the  primary  producing  industry  also. 
Here,  indeed,  controversies  with  regard  to  proposed  conservation  provisions 
and  to  the  restriction  of  competing  imports  from  Canada,  under  the  author- 
ity of  Section  3  (e)  of  Title  I  of  the  Recovery  Act,  played  considerable 
parts,    ■ 

In  the  case  of  the  Atlantic  Mackerel  Code,  however,  -  the  only  su;;j"ile>^ 
mentary  code  approved  for  the  fishing  industry  proper  -  the  proponents' 
interest  had  centered  on  clauses  to  permit  the  regulation  of  production 
and  the  setting  of  emergency  minimun  priceso  At  the  hearing  on  the  pro- 
posed Florida  Fishing  Code,  again,  and  in  preliminary  correspondence  re- 
garding a  code  or  codes  for  the  unspecialized  fisheries  of  the  southern 
New  England  and  Middle  Atlantic  coasts,  the  primary  desire  of  the  sponsors 
was  for  r.vovii-i'ais  to  a'intain  or  Cij:^itrol  prices  "o^  crude  .-nd  clr.  atic  v:.ctho<lB, 

In  the  case  of  the  proposed  codes  for  the  F.'^cific  Halibut  Fishery 
and  the  fisheries  of  the  Great  Lakes,  which  had  also  not  been  approved  at 
the  time  of  the  Schcchter  decision,  the  policj?'  set  forth  in  Office  Memo- 
randTjm  Ko,  228  was  not  a  pri;nar3^  catise  of  delay. 

The  total  catch  of  both  the  American  a.nd  the  Canadian  halibut  fleets 
ha'R.  been  limited  since  1924  under  an  international  convention.   The  draft 
code  for  this  fishery  proposed  a  secondary  regulation  of  the  landings 
over  short  periods,  without  touching  the  total.   It  proved  impossible, 
however,  to  obtain  the  ,•:  ssent  of  the  Canadian  interests,  and  as  a  result 

9581 


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the  draft  vas  in  effect  withdra^wn. 

* 
In  the  cr.se  of  the  propossd  Code  for  the  Great  Lalies  Fisheries, 
interest  centered  largely  on  the  restriction  of  competitive  imports  from 
Canada.   Wlien  it  iDecame  apparent  thn.t  to  ohtain  such  restriction  would 
te  a  difficult  and  time-consuming  matter,  the  desire  to  go  a,head  with 
the  code  subsided  rapidly. 

There  was  also  involved  in  this  case  the  question  of  including  in  ■ 
the  code  a  conservation  provision  which  would  apply  uniformly  to  the 
whole  area'  of  the  Lalces,  and  v/ould  supersede  the  conflicting  and  in 
large  part  ineffective  laws  of  nine  different  states*  .The  desire  of  the 
Deputy  Administrator,  who  represented  the  views  of  the  Bureau  of  Fisheries 
on  the  suhject,  to  ottain  assent  to  such  a  provision  was  commendable  in 
principle.   It  is  hard,  however,  to  escape  the  conclusion  that  the  carry- 
■ ing  out  of  .the  Bureau's  conservation  policy  could  not,  as  a  practical 
matter,  he  made  a  part  of  the  fishery  code  program,  and  that  the  insistence 
of  the  Administration  in  the  matter  was  a  serious  factor  in  causing  the 
proponents  of  the  Great  Lakes  Fishing  Code  to  lose  interest  in  it, 

A  PR.1CTICABLE  SYSTEM  OF  FISHERY  CODES 

From  the  foregoing  survey  it  is  evident  that  the  obstacles  to  writ- 
ing codes  for  the  primary  producing  industry  were  ra.ther  formidable. 
It  is  at  least  certain  that  the  thing  could  not  be  done  with  a  strict 
adherence  to  the  standard  procedure  of  the  Administration,  and  with  a 
continued  insistence  on  the  plan  of  a  limited  n-'omber  of  supplementary 
codes  for  relatively  large  areas. 

If  another  attempt  were  made  to  bring  the  fishing  industry  proper 
within  the  scope  of  an  industrial  statute  of  the  type  of  the  Recovery 
Act,  representatives  of  the  Government  should,  as  a  rainiraun,  contact  on 
the  ground  organizations  representing  the  fishermen  of  relatively  small 
areas.   Codes  or  their  equivalent  should  be  established  to  begin  with 
for  these  small  divisions,  and  coordinated  into  groups  of  larger  scope 
as  a  secondary  step. 

The  codes  for  the  primary  areas  should  be  of  the  simplest  possible 
description.   They  should  be  administered  by  small  committees  of  local 
men,  who  should  be  assisted  by  Government  advisers.   Such  committees 
should  confine  themselves  at  the  outset  to  accustoming  tlicir  groups  to 
the  idea  of  organized  effort,  and  to  the  carrying  OLit  of  simple  programs 
involving  as  little  controversial  matter  as  possible. 

The  secondary  bodies  representing  larger  areas  should  be  thoroughly 
representative  of  the  primary  committees,  and  free  from  domination  by 
the  wholesR,le  trades.  As  much  use  as  possible  should  be  raade  of  the  un- 
paid pa.rt-time  services  of  members  of  the  Industry  and  of  unbiased  out- 
siders who  might  be  willing  to  give  cooperation.   Assessments  should  be 
kept  to  a  bare  minimun,  and  meetings  sli  ould  be  planned  to  avoid  the 
imposition  of  expense  for  traveling  on  a  class  ill-prepared  to  incur  it. 


It  has  already  been  intima.ted  that  the  development  of  a  code 
9581 


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program  of  this  tj^pe  for  the  fisheries  i^rould  require  a  substantial  period 
of  time;  and  another  essential  would  he  inexhaustible  patienceo 

A  PR0G-HAlv4  FOR  THE  PBEFARIiIG  AID  TOOLESALIHG  'TBADES 

This  description  of  what  experience  suggests  would  he  the  sole 
ultimately  feasible  program  for  bringing  the  fishing  industry  proper 
within  the  scope  of  an  industrial  organization  of  the  type  of  the  N.S.A. 
applies  also,  though  with  reduced  emphasis,  to  the  general  wholesaling 
and  preparing  tradeso   To  mention  one  illustration,  the  Supplementary 
Code  approved  for  the  Ivliddle  Atlantic  region  attempted  to  bring  ujider 
the  jurisdiction  of  a  single  Executive  Committee  eight  groups  in  the  New 
York'  metropolitan  area  alone,  which  subsequent  experience  showed  were 
ill-prepared  to  work  togethero   The  wholesale  trades  of  the  Philadelphia, 
Baltimore  and  Washington  areas  were  brought  under  the  jurisdiction  of 
this  code  only  by  conceding  them  a  separatee  Executive  Committee» 

The  specialized  preparing  and  wholeso.ling  trades  and  the  canning 
industries  were  relatively  well  fitted  to  work  with  codes- of  the  standard 
typeo   The  fishery  industries  whose  codes  were  most  successful  all  belong--* 
ed  in  these  groupso 


-79- 

CHAPTER  IX 
THE  ADMIMISTRATIOIJ  GF  THE  CC3ES 


HANDICAPS  OF  THE  CODE  BODIES  .       . 

The   bodies  established  to^  administer  the  fishery  codes  undertook  the 
work  -under  serious  handicaps.   The  most  important  of  these  were: 

(1)  The  lack  of  previous  organization  in  the  Industry,  and  the  con- 
sequent scarcity  of .trained  ^taff  familiar  with  the  problems  to  be  dealt 
with; 

(2)  The  difficulty  of  collecting  assessments  in  sufficient  volume 
to  provide  for  any  staff  at  all  or  for  other  administrative  necessities; 

(3)  The  difficulty  of  establishing  a  habit  of  compliance  with  the 
codes  under  the  special:  conditions  of  the  Industry; 

(4)  The  difficulties  arising  from  competition  and  jealousy  between 
groups  in  some  of  the  a.rtif icially  large  code  areas, 

THE  PROELEtrOF  CODE  FIUAlvICE     ^   : 

The  problem  that  arose- in  connection  with  the  financing  of  these 
bodies  had  its  roots  in,  the  fact  tha^t  the  enterprises  concerned  were  un- 
accustomed to  paying  dues  for-  association  or  other  common  purposes,  and 
that  at  the  time  the  first  of  their  codes  were  ap'oroved  a  large  propor- 
tion were  in  very  low  financial  water.   The  provision  for  the  payment  of 
25  per  cent  of  the  assessments  collected  by  the  divisional  Executive 
Committees  for  the  use  of  the  iJational  Code  Authority  did  not  meet  with 
general  approval,  and  added  to  the  unwillingness  to  contribute, 

;..ost  of  these  fishery  code  bodies  were  being  organized  at  a  time 
when  the  Administration's  requirements  with  respect  to  assessments  and 
budgets  were  becoming  progressively  more  strict.   The  making  of  estimates 
of  collections  and  of  budget  needs,  moreover,  was  hampered  by  the  lack 
of  reliable  data  with  regard  to  the  Industry's  recent  volume  of  business. 
In  the  absence  of  such  figures  several  Committees  submitted  budgets  which 
were  found  to  involve  serious  overestimates  of  the  funds  4ikely  to  be 
available. 

FIHAUCSS  OF  THE  MTIONAI,  CODE  AUTHORITY 

The  National  Code  Authority  was  affected  by  this  financial  situation 
even  more,  relatively,  than  were  the  divisional  Committees^  since  it  was 
to  receive  its  income  indirectly  from  the  collections  made  by  the  latter. 
This  body,  moreover, '  proposed  at  the  beginning  a  far  too  grandiose  program 
of  spending,,   This  error  of  Judgment  had  unfortunate  consequences,  since 
the  National  Code  Authority,  for  reasons  already  explained,  was  from  the 
first  none  too  popular  in  parts  of  the  Industry,   The  publication  of  its 
first  proposed  budget  led  to  strenuous  protests  from  fishermen's  organiza- 
tions; and  when  a  revised  estim§,te  of  th^  funds  likely  to  be  available  made 
i't  necessary  to  cut  the  program  heavily,  the  prestige  of  the  national  body 
wa.s  damaged  still  more, 

9581 


-80r- 

COLLECTIOITS  MD  EXPENSI TUSES  OF  TES  COMuITTEES 

Ta^ble  XXVII  shows  the  estimated  first  year  income  of  the  fishery 
code  bodies  for  which  "budgets  were  approved,  assriming  a  100  per  cent 
collection  of  assessments.   There  are  ■unfortunately  no  reliable  or 
comparable  figiires  to  shovr  what  proportions  of  these  amounts  were  actually 
paid  in.   It  is  understood  that  the  Executive  Committees  for  the  South- 
ern area  of  the  Middle  Atla.ntic,  and  for  the  Northern  area  of  the  South- 
west Preparing  and  Yfliolesaling  Industries  took  in  something  like  the 
estimated  totals.  It  seems  doubtful,  however,  whether,  in  any  other 
case,  collections  amounted  to  as  much  as  25  per  cent  of  the  estimates. 
Applying  these  statements  to  the  figures  in  Table  ZXVII ,  it  becomes  evi- 
dent that  hardly  any  of  these  committees  had  funds  sufficient  to  enable 
then  to  institute  more  than  a  skeleton  organization,  or  to  undertaJce 
anything  but  a  bare  minimum  of  activities,  iloreover,  the  indispensable 
work  of  obtaining  approval  of  a  budget,  and  of  getting  in  as  large  a 
vol-ume  of  assessments  as  practicable,  in  itself  a,bsorbed  a  disproportion- 
ate part  of  the  time  and  energy  of  the  snail  staffs  that  could  be  es- 
tablished. 

In  the  case  of  some  fishery  code  bodies  there  is  room  for  criticism 
of  the  salaries  which  it  was  proposed  to  pay  to  e::ecutive  officials  sJid 
to  legal  counsel.   The  difficulties  of  the  work  undoubtedly  called  in 
principle  for  the  em.plojTnent  of  the  most  conpetent  persons  obtainable; 
but  it  would  have  been  more  realistic  to  recognize,  under  the  peculiar 
circtunstances,  that  as  much  as  possible  of  the  initial  work  would  best 
be  done  by  members  receiving  no  pay,  or  to  employ  other  persons  tempor- 
arily at  more  modest  salaries,  with  the  ejg^ectation  that  the  latter 
would  be  raised  8.s  soon  as  circumstances  permitted.  It  should  be  stated, 
however,  that  the  persons  to  whom  these  somewhat  uneconomical  salaries 
were  promised  continued. in  most  cases  to  carry  on  their  work  conscien- 
tiously^, even  when  their' compensation  fell  in  arrears. 

THE  COi^lPLIAHCE  PHOBLEM  m  GEMSAL  ' 

After  the  foregoing  discussion  it  is  probably  enough  to  summarize 
the  conditions  that  made  the  problem  of  obtaining  compliance  with  the 
fishery' codes  more  than  usually  difficult.  These  codes  affected  large 
numbers  of  enterprises,' most  of  which  were  small,  and  which  had  not 
been  trained  in  the  habit  of  working  cooperatively.   The  divisional  Com- 
mittees, which  were  the  real  working  administrative  bodies,  were  for  the 
most  part  not  established  till  the  first  interest  in  the  code  program 
had  begun  to  subside.   This  psychological  difficulty  was  complicated 
by  the  feeling  v/ith  respect  to  the  Administration'. s  policy  on  the  con- 
trol of  prices.   The  code  Committees  themselves,  with  inadequate  staffs, 
were  absorbed  in  the  primary  work  of  getting  orgajnised,  of  preparing 
budgets  that  could  be  approved,  and  of  collecting  bare  minimums  of 
funds  . 

CODS]  ElPOaCEMSMT  BEGA3I)ED  AS  A  GOVBUMvISHT  RESPONSIBILITY 

Apart  from  these  conditions,  however.,  the  activity  of  these  code 
bodies  in  endeavoring  to  obtain  compliance  was  affected  by  their  mental 
attitude  as  to  the  part  the  Administration  should  pl3.y. 

9681 


-81- 

TABLE  XnU 

ADVAIICE  ESTIiylATES  OF  TIiE  FIRST  YEAIl  lilCOi.iE  OP  CERTAIN 
FISHERY  CODE  BODIES,  AS SUlvi II JG   100  PER  CEI:T  COLLECTIOII  OF 

ASSES  SI^IEKTS 


Code  Income 


National   Fishery 

$46,000 

Fresh  Oyster 

22,200 

Blue   Crab     ' .          , 

19,950 

Midwest  Preparing  &  Wholesaling 

13,500 

Atlantic  Mackerel 

3,450 

•.iiddle   Atlantic  Preparin>7:  and  Whole 

ssaling: 

Northern  Area 

40,000 

Southern  Area 

7,500 

Trout  Farming 

2,600 

Wholesale  Lohster, 

18,350 

Southvirest  Preparing  and  Wholesaling 

Northern  Area                                          _  4,600 

Northvrest  Pret)a.ring  and  \"Jholesaling 

Northern  Area        _            .  4,650 

Great  Lakes  Fishing  7,540 

Southeast  Preparing  and  Wliolesaling  13,000 


Source:      Approved  hudgets  of  fishery  code  bodies. 


9581 


-82- 

The  Industry  had  few  large  corporations  accListomed  to  influencing 
government  policy  and  to  controlling  local  police  administration.   Its 
members  vrer6  representative  rather  of  the  great  mass  of  the  conjitry's 
smaller  enterprises,  which  have  taken  it  for  granted  tha.t  responsibility 
for  any  sort  cjf-oolice  activity  rests  on  the  established  political  author- 
ities alone.   These  concerns  assented  to  codes,  therefore,  on  the  tacit 
assumption  that  the  Administration  proposed  to  accept  that  responsibilitj'". 
As  the  fishery  code  bodies  got  organized,  ajad  as  the  first  cases  of  non- 
compliance were  brought  to  their  attention,  they  reported  them  to  the 
N.R.A.,  v.dth  the  expectation  that  decisive  action  ?:ould  follov;  promptly. 
When,  instead  of  this,  they  met  with  indecision  and  delay,  they  v/ere 
unprepared  to  talce  substitute  action  on  their  own  account. 

liembers  of  these  bodies  whose  opinion  has  been  soiif^ht  are  practical- 
ly ujianinous  in  holding  that  at  the  outset  there  need  have  been  few  cases 
of  the  actual  punishj.ient  of  members  for  noncomplia.nce.   The  essential 
thing,  they  contend,  was  a  prompt  and  unmistalcable  indication  from  the 
Administration  that  it  proposed,  to  stand  no  nonsense.  '  They  believe,  in 
other  words,  that  it  v/ould  have  been  possible  to  bring  all  or  nearly 
all  those  who  were  disposed  to  be  recalcitrant  into  line  by  a  sufficient- 
ly impressive  bluff,.  In  vie^^  of  the  unanimity  with  which,  this  view  is 
held  it  probably  represents  what  should  have  been  tried,  if  the  best 
possible  chance  of  obtaining  compliance  ?iith  these  codes  was  to  have 
been  taken. 

ACTUAL  SEVELOPIvlENTS  WITH  BSSPECT  TO  C0MPLIAMC3 

As  things  actually  were  the  activities  of  the  fishery  code  bodies 
in  endeavoring  to  obtain  compliance  e.mounted  to  very  little.  All  of 
them,  it  is  believed,  took  the  requisite  initial  steps  to  bring  the  ]pro- 
visions  of  the  codes  to  the  attention  of  their  members,  and  to  report  the 
first  cases  of  noncompliance.   As  their  financial  difficulties  increased, 
however,  and  as   it  became  3.pparent  that  the  Administration  was  not  in  a 
position  to  act  promptly  on  the  cases  brought  before  it,  most  of  the 
fishery  code  bodies,  metaphorically  speaking,  threw  up  their  hands» 

EXCEPTIOHAl  CASES  OF  11055  EPIECTIYE  ASi.IIIvTISTaATIOM  ,. 

There  were  a  few  exceptions  to  this  general  lack  of  effective  admin- 
istration of  the  fishery  codes,  confined  for  the  most  paxt,  to  the  can- 
ning industries.   The  Comjnittees  o,dministering  the  Canned  Salmon  and  both 
the  Ca-lifornia  and  Ee\7  England  Sardine  Codes  are  believed  to  have  made 
a  record  of  relative  efficiency.   Tnese  were  industries  with  limited 
numbers  of  members,  located  in  two  or  three  states  at  most,  utilizing 
single  species  of  fish,  and  producing  small  varieties  of  nonperishable 
products.   Their  members  v;ere  more  accustomed  than  were  those  of  the 
primary  producing  industries  or  of  most  of  the  preparing  and  wholesaling 
trades  to  wo rkih.'^  cooperatively,  and  there  were  no  important  problems  aris- 
ing from  inter-group  competition  and  jealousies. 

It  is  unfortunately  impossible,  however,  to  report  in  detail  on  the 
adrainistra-tion  of  these  codes.   There  has  not  been  much  chance  to  confer 
with  members  of  the  Committees  concerned  since  the  codes  were  approved; 
and  their  records  a.re  located,  in  two  of  the  three  cases,  on  the  other 
side  of  the  continent,  and  in  the  third  in  a  small  community  in  a  remote 
section  of  Maine.   The  files  in  Washington  contain  little  relevant 
9581 


-83- 

material.  A  proper  report  on  the  adraini  strati  on  of  these  codes  would 
involve,  at  the  very  least,,  the  circulation  of  special  questionnaires, 
supplemented  "by   conferences  with  lea.ding  members. 

It  is  believed  that  a  similar  record  of  efficiency  was  made  by  the 
Temporary  Executive  Coraiiiittee  a.drainistering  the  Fationo.1  Code  in  the 
Northern  California  area;  but  for  the  same  reasons  as  in  the  case  of  the 
other  Pacific  coast  industries  little  detailed  information  regarding  its 
activities  is  B.t   present  available.   This  bodj"  was  promoting  a  Supple- 
mentejr;;-  Preparing  and  Hiolesaling  Code  for  the  Southwest  region  of  the 
United  States,  but  the  latter  had  not  been  aoproved  at  the  time  of  the 
Schechter  decision. 

OSiis  situation  virith  respect  to  the  a,dministration  of  the  fishery 
codes,  of  course,  had  its  comiiensating  features.   It  ejqplains,  for  one 
thing,  why  there  were  so  few  (iases  of  stays  or'  exemptions.  Applica.tions 
for  the  latter,  indeed,  were  negligibly  fev/.   The- Executive  Committee  of 
the  Presh  Oyster  Industry  did  apply  for- a  stay  of  the  price  filing  pro- 
. visions  of  its  Code,   The  Canned  Salmon  Code  Authority  also,  under  some- 
what siiiilar  circumstances,  asked  for  a.  stay  of  Hule  3  of  Article  YII, 
which  prohibited  the  diversion  of  brokerage  fees  to  customers.   These 
matters  are  further  discussed  in  Chapter  XII  sjid  XIII. 

PEW  CASES  OP  HIGHHA1\T)ED  ACTIOI-I  BY  CODE  BODIES  -. 

Another  compensating  result  of  the  situation  with  respect  to  the 
administration  of  the  fishery  codes  was  the  infrequency  of  charges  of 
higliiia.nded  or  coercive  action  on  the  part  of' the  Executive  Committees, 
One  would  natiorally  be  inclined  to  look  for  such'  cases,  if  anywhere,  in 
the  exceptional  industries  above  mentioned,  whose  administrative  bodies 
made  records  of  relative  efficiency.   There  were  a  few,  but  so  few  as 
almost  to  prove  the  rule,     ■■■'""■'  ■     ; 

In  the  case  of  the  Temporary  Committee 'administering  the  National 
Code  in  the  ilorthern  California  area  there  was  one  flagrant  instance  of 
highhanded  action.   (*).  A  salmon  canning  and  wholesaling  company 
reported  the  receipt  from  thife  body  of  minimum  price  lists,  for  which 
the  I'Jational  Code  provided  no  authorization. 

Tliis  protest  was  mad.e  in  April,  1934,  Ihen  the  Deputy  Administrator 
arrived  in  San  Prancisco  the  following  month,  to  hold  a  hearing  on  the 
proposed  preparing  and  vfholesaling  code  for  the  SouthvTest  area,  further 
oral  reports  of  these  price-fixing  activities  were  received.  At  the  hear- 
ing the  committee's  attention  vras  called  to  the  complaints  and  to  the 
limitations  of  its  pov/ers  in  aclministering  the  National  Code,  llo  further 
protests  were  received;  but  there  seems  to  be  no  direct  evidence  in  the 
files  as  to  v/hether  the  activities  complained  of  were  discontinued  or  not, 


(*)  The  correspondence  relating  to  this  ca^se,  with  samples  of  the  mini-* 
mum  Drice  lists  .and  the  instructions  from  Committee,  are  in  the  files  of 
the  Consumers'  Advisory  Board,  Southwest  Preparing  and  vTholesaling  Code. 
Polder, 


9581 


-84- 

There  ff„re  slight  indications  that  the  Executive  Committee  administering 
the  California  Sardine  Processing  Code  stepped  over  the  line  in  a  similar 
though  much  less  pronounced  fashion  in  administering  the  provision  of 
its  Code  uhich  prohibited  sales  "bolow  members'  individuauL  cost*   Por  the 
reasons  indicated  above,  however,  it  is  impossible  to  form  8.   conclusive 
opinion  vdth  the  information  at  "oresent  available. 

Iliere  seems  to  be  no  evidence  that  either  the  Co.nned  Salmon  Code 
Authoritjr  or  the  Executive  Committee  of  the  Hew  England  Sardine  Industrjr 
overstepped  the  proper  boundeCries  of  its  authority  in  its  administrative 
activities. 

The  only  other  kno\?n  allegation  of  highhanded  action  on  the  paxt  of 
a  fisher;'-  code  body  came  to  light  through  correspondence  with  the  Division 
df  Stondards  and  Purchase  of  the  Execiitive  Department  of  the  State  of 
New  York  (*).   It  was  intiraa^ted  that  bids  on  eggs  for  the  state  hatcher- 
ies had  afforded  indications  of  collusion  on  the  part  of  members  of  the 
Trout  Farming  Industry.   The  complainants  were  given  the  opportunity  to 
submit  further  evidence;  but  as  far  as  known  they  did  not  do  so. 

THE  CODE  BODIES  AITO  THE  COLLECTION  OF  STATISTICS 

In  closing  this  survey  of  the  administration  of  the  fishery  codes 
a  word  should  be  said  with  regard  to  the  collection  of  statistics.   The 
development  of  this  work,  while  perhaps  not  a  primarj/  or  immediately 
pressing  duty  of  the  code  bodies,  was  a  potentially  important  one.   The 
Bureau  of  Fisheries,  which  has  been  the  only  Government  agency  to  pub- 
lish systematic  statistics  with  regard  to  the  Industry,  has  scarcely 
touched  any  phase  of  the  subject  except  production  and  the  volume  of 
eraplojrment;  and  it  has  been  so  badly  behind  in  the  work  as  greatly  to 
reduce  the  value  of  its  data  in  connection  with  the  codes. 

Unfortunatelj'-,  however,  the  National  Code  Authority  and  most  of 
the  Executive  Committees  failed  to  make  even  a  beginning  in  this  task. 
They  were  badly  handicapped,  of  course,  by  the  absence  of  previous  or- 
ganization for  the  purpose  within  the  Industry,  by  the  great  number  and 
'small  size  of  the  enterprises  concerned,  and  by  lack  of  staff  and  funds 
for  anything  beyond  the  barest  essentials. 

The  Executive  Committee  of  the  California  Sardine  Processing  Indus- 
try did  make  ,a  good  beginning  in  collecting  and  submitting  monthly  data 
on  production  and  inventory.   The  Fresh  Oyster  Industry  cooperated  ef- 
fectively in  a  survey  of  pre-code  labor  conditions.   For  the  most  part, 
however,  it  would  have  been  necessary,  if  the  codes  had  continued  in 
force,  for  the  Administration  to  take  the  initiative  in  developing  a 
program  of  statistical  work,  and  to  give  the  code  bodies  substantial 
cooperation  in  so  doing.  Even  so,  no  rapid  progress  coiild  have  been 
expected. 

As  things  stand,  there  is  an.  almost  total  lack  of  precise  figures 
on  the  condition  of  these  industries  duxing  the  existence  of  the  codes 

and  since  their  suspension.  .    -. 

J^      The  correspondence  in  this  matter  v/as  handled  by  meri)irect£>r  of  \he>- 
Research  and  planning  Division.  Copies  are  in  the  file  of  the  Fishery 
.Un^t,i   Trout  .Farming:.  F-XPlanfitions .  Folder.  _  ,.  , — ^ 

9581 


-85- 

CHAPTER  X 

CODE  PROVISIONS  EELATING  TO  HOURS  OF  LIBOR 

The  previous  discussion  of  working  hours  in   the  Fishery  Industry  hs^s 
explained  v/hy  the  writing  of   the   code  provisions   on  the   subject   should 
have    involved  a  great   deal   of   controversy,    and  why  they  shotild  have   fail- 
ed to  yield     very  satisfactory  results. 

WO  R5STRICTIC1\"  OF  HOURS    IN  THE  FISHERIES  PP.OESR 

In   the   case   of   the   Fishing  Industry  proper  there   was  a  disposition 
to  agree  fron  the  "beginning  that  the   restriction  of  working  hours  was  im- 
practicaole.      It  was  also   felt   that,   as   there  had  heen  no   large   contre^c- 
tion  in   the   volume   of  employment   since  1929,    the    Industry  was  not  vmder 
imperative   ohligation  to  participa.te   in   that  part   of   the  program. 

RESTRICTIOlv!   OF  HOURS   IN   THE  P:IEPjffilATG  AIxTD  Y/K0LESALI1\TG  'IRASES 

In   the    case   of  most   of   the  prepa.ring  and  wholesaling  trades   the   fact 
that  really  long  hours  ha.d  been   sporadic  only  led  to   a.  feeling  that  little 
spread  cf    employment  would  he   brought  about   by  any  practicable   degree  of 
restriction.      It  was  obvious   that   the   additional   employment  created  vrould 
in  most   instances  be  for  short  and  irregular  periods,    and  often  only  for 
a  few  houjTs  at  a  time.      The  volume  of  employTient  of  most  of  these   trades, 
moreover,    is   not  large;    and  the  maximum  addition   that   could  have   been  made 
by  shortening  hours  would  have   constituted  a  relatively  trifling  contribu- 
tion to   the   solution  of   the  main  problem.      The  adjnini strati ve  and  account- 
ing comolicrtions   involved  in  a  really  thoroughgoing  restriction  of  hotors 
were   such  as  to  appear  out  of  the  question. 

In  the   case  of   the  piece  workers   in  the  Fresh  Oyster  and  Blue   Crab 
Industries   the  hours  of  labor  tended  already  to   be    so    short,    as  a  result 
of  a  red^iced  volume  of  business,    as  to  maJce  any  further  restriction  for 
the  purpose  of  spreading  employment   seem  impracticable.      Such  a  reduction 
would  either  have    cut  doiivn  earnings  which  were   already  below  a  decent 
standard,    or  would  have  placed  on  the   shoulders  of  many  small  members  of 
the   industries  concerned  an  additional  financial  burden  which  they  proba- 
bly could  not  have   borne. 

The  maximum  hours  finally  agreed  on  for  the  preparing  and  wholesaling- 
trades  are    shown   in   Table  XXVIII,    omitting  exce;otions   in  favor  of   special 
groups.      In  most   cases   the   basic  maximum  week  varied  little  from  45  hours. 

Because   of   the   lack  of  detailed  figures  and   the   irregularity  of   the 
hours  worked  before    the    institution  of  the   N.  R.   A,,    it  was     hard  to   es~ 
timate    the   effect  of   these  restrictions.      In  the  Fresh  Oyster  and  the 
Blue   Crab  Industries  it  was  obvious  that  there  would  be  little  or  no 
spread  of  emiDloyment,      In  the  preparing  and  wholesaling   trades   in  the 
South  pre~code  working  hours  had  been   so   long     that,    if  the  proposed 
supplementary  codes  had  been  a.pproved,    the   additional  employment  -.rould 
have  been  relatively  considerable.      In   the   other  trades   of  this   group 
the   best  practicable   estimates   indicated  that  the   spread  would  be   rather 
small  and  very  spotty,    and  scarcely  such  as   to   justify  the  controversy''  and 
delay  to  which  the  attempts  to  reach  agreements  on  the   subject  had  led, 

9581 


TABLE  XXVm 


MAXIMUM  HOURS   OF  THE  FISHERY  CODES. WITH  THE  ESTIB/IATED 
RESULTING  SPREAD  OF  EMn,OIMENT 


Maximum  Hours   of  Labor 

Plant  Employees        Offiod  Employees 
(Hours   per  Week)      (Hours  per  Week) 


Es-ttimated  Spread  of 
EmjJloymsnfc 

Number  of  Workers   (Pe/r  Cent) 
(Plant  and  Office) 


Fishery   Industry   (Hational  Code) 

Preparing  and  Wholesaling  Trades; 

General; 

New  England 

Middle  Atlantic 

Midwest 

Southeast 

Gulf  South 

Northwest  and  Alaska 

Southwest 

Specialized: 

Oyster 
Blue  Crab 
Lobster 
Sponge 

Primary  Processing  Industries! 

Canned  Salmon 

New  England  Sardine 

Male 

Female 
California  Sardine 


90  */ 


48 

45  / 
90  1/, 
40  o/ 
48  21 
48  , 
48  1/ 


48  i/ 
48       , 

60  £/ 
40 


60 

**     / 

90  2/ 


40 


40 
40 

40  , 
40°/ 
40  2/ 
44  - 
40  V 


40-44  •/ 
44 
44 
40 


40 


40 


500 

1300-1400 

1800 

400-500 

i/ 


b/ 

40 
80 


1^ 


b/ 


19-25 
30-55 

30 
12-13 


To 

10 
20 


Secondary  Processing  Industries; 

Oyster  Shell  Crushing 
Processed  or  Refined  Fish  Oil 

Fish  Propagating  Industries: 

Trout  Farming 


40 
36 


90  2/ 


a/ 


40 
40 


40 


165 
150 


10 


33 
20-25 


10 


Source; 

s/ 

c/ 
2/ 


IpJA,   Division  of  Research  and  Planning ^  reports   on  the   fishery  oodei. 

90  hours   in  any  two  consecutive  veeks. 

Spread  of  employment  negligible. 

Proposed  hours;   supplementary  code  not  approved. 

48   in  towns   of  over  2,500;   90  in  any  two  consecutive  weeks   in  towns   of  2,500  and  loss. 

40  hourw  from  April  to  September;   44  from  October  to  March. 

48  hours  without  overtime  pay;   60  hours  with  overtime   payj   90  hours  maximxim  in  any  two 
consecutive  weeks. 


£/ 


There  were  no  effective  maximum  hours  for  plant  workers  in  the  Canned  Salmon  Industry, 


-87- 

Specific  estimates  of  the  spread  of  employment  v/hich  vrere  thought 
likely  to  result  from  the  ms-ximum  hours  vrritten  into  the  codes  for  the 
preiDaring  and  wholesaling  trades  are  also   shovm   in  Tahle  XXVIII. 

BESTRICTIOlxf  OF  HOURS   IN  THE   CAI^IWING  INDUSTRIES 

In  most  of   the    canning   industries   the    situation  was   similar   to   tha-t 
just  discu.ssed.     Since,    at   the   time    the   Supplementary  Code  for  the    Cali- 
fornia Sardine    Industry  ivas  written,    the   opening  of   the  next  active  season 
was   three  months   in   the   future,,  it.  .was,   perhaps  unwisely,    thought   "best   to 
leave  the  negotiations  witli  regard  to,  maximum  houl's   to  "be   continued  after 
the   Code  had  "been  approved..     There  follo.wed  a  prolonged  controversy  which 
never  reached  a  conclusion.     Ultimately,    after  some  weeks  of  the  1934- 
1935   season  had  already  expired,    the   Administrator,    with  the    tacit   con- 
sent of.  the   industry,    restores  the  maximum  hours  originally  applicable 
under  the  National   Code,        The  result  was  only  fairly' satisfactory  hut 
prohahly  as  good  as  anything  that  could  have  heen  put    through. 

The  New  England  Sardine  .Indtis try  a.greed  to   a   schedule   of  maximum 
hotirs  which  was  somewhat  more   satisfactory  from"  the  N.H.A.    standpoint 
than  that   of   the   Canning   Code,    to  which  it   had  heen   subject  during  most 
of  19S4.      It  would  not  appear  that   anything  more   could  ha-ve  heen  ac- 
complished, 

THE  CANl^P  SALIiON  COnS  AND  HOURS  OE  LABO'R 

In  the    case   of   the    Canned,  Salmon   Code    it  was   realized,    as  already 
pointed  out,    that  it  woul.d  do  more  harm  than  good  to  attempt,  to   restrict 
the  hours  of   labor  for   the  jjurrjose   of    spreading  employment,    though  this 
hardly  justified  the  coaplicated  and  not  wholly  straightforward  provi- 
sions  on  the    subject  which  were   s.ctually  included  in   the   Code. 

There   v.as   inserted  a.   clause    (Article    IV,    Section  3)   for  the  pa3'-fflent 
of  overtine  for  hours  worked  in  excess  of   10  laer   day  in  canneries   outside 
of  Alaska,      As   it  stood,    this  provision  involved  discrim.ination  against 
those  working  in  the   latter   Territory,      The   reason  for   this   has  never 
been  made   i.Tholly  clear.      It  does  not  appear,   however,    that   the   companies 
operr.ting  canneries   in  Alaska  were  unwilling  to  pay  overtime;    and  in  fact 
a  clause  providing  for   it  was  later   inserted  in  the  standard  employment 
agreement   dra.r.'n  up   in  accordance  with  Article  YI,    Section  8,   paragraph 
(k)   of   the   Code, 

It   is  fairly  certain   that,    if   the    Code   had   continued  in  operation, 
this  matter  would  have   been  adjusted.      If   that  had  been  done,      and  if  the 
basic  provisions  with  respect  to  working  hours  had  been   simplified  and 
more  frankly  stated,    there  wouD-d  not  have   been   serious   ground,    in  view 
of   the  peculiar   conditions   of   the   Industry,    for   criticising  that  part   of 
the   Code, 

THE  AGGHEGAOIB   SEREAD  OE  EMFLO'fl\CENT  IN  THE  EISHERY  INDUSTRY 

There   are  practically  no   detailed  figures   to    show   the  actual   effect 
of   the   restriction  of  working  hoiirs   in   spreading  emplojnnent   in   the  Eisher3r 
Industry.      Up   to    the   time   the   codes  were   suspended  none   of   the  bodies  a.d- 
ministering  them  had  had  the  funds  or  facilities  for  making  surveys  on 
the   subject.      The   employment   data  collected  by  the    Bureau  of  Fisheries 
9581 


were   not   suf I'iciently  ui^   to   date   to   1)6   of  value   for  the  purpose.      Ho\;- 
ever,    t.lie   situation  is   sufficiently  clfear   to  permit  of  a  general   state- 
ment. 

Of   the   188,500  persons,    approxima.tely ,    who   were   engaged  in  the 
Fishery  Industry  in   the   middle   of  1933,    118,000  were   in   the  primary  pro- 
ducing industry,   and  ^-ere   consequently  excepted  from  restrictions   on 
their  working  hours.      The    same   was   true   of   ahout  10,000   shore  workers  in 
salmon   canneries   in  Alaska.      In  the   case   of  ahout   68  per  cent   of  the 
personnel   of   the    Industry,    therefore,    there  was,    from  mere  force   of 
circiuistances,   no   attempt   to   spread  employment.      In  the    case   of   the   other 
32  per  cent  -   that   is,    ahout  60,500  vrorkers  -   the   aggregate   spread  can 
hardly  have   exceeded  5,000,    or  a  little  over   eight  per   cent.      This  was 
certp.inly  not,    from  the    standpoint  of   one   of  the  fundamental  ohjects  of 
the  P.ecover;/-  Act,    a  verjr   satisfaxtory  result.      In  the   main,    however,    it 
must   he   rego-rded  as   an  inevitable   consequen.ce  of   the   special   conditions 
of  this  particular   Industry, 

C0J.gLIAlTCE  171 TH  THE  MAXIMUM  HOUR  PROVISIONS  ■       • 

The   compliance  problems   that  arose   from  the   maximuin  hour  provisions 
of  the  apjiroved  fishery  codes  were   not   serious.      The   restrictions  were 
mostly  not  drastic  and  vrere  likely  to   create  hardship  only   in  the    case 
of  occasional   days  or  weeks.      As   the   extent   to  which  these  Torovisions 
were   observed  in  practice    there   is  at  present  no    detailed  or  conclusive 
informe.tion.      There   is  no  positive   evidence   of  widespread  or   syste-natic 
noncompliance.      Since,    however,' the  raaxirauin  hour  provisions  were   regard- 
ed.by  the   Industry  as  somewhat  academic  and  superfluous,    it  may  be   that, 
especially  during  the  latter  part  of   the   existence  of    the  codes,    they 
were  not  observed  rigidly. 


9581 


-89- 

CHAPTSR  XI 
MIUIIJOT;!  T7AGE  PHOVISIOES 


TaTsle  XXIX  shows  in  a  simplified  form  the  minimum  -wage  rates 
written  into  the  approved  fishery  codes.  Exceptions  affecting  special 
groups  have  "been  omitted. 

SHA.ee  FISHErd.IEH  AMD  THE  MIHIIIUT.I  WAG-E  FROGEAI/I 

The  National  S'ishery  Code  estatlishcd  the  precedent  of  excepting 
fishermen  working  on  shares  from  the  benefit  of  a  minimum  wage  rate. 
The  contention  of  the  pro-oonents  was  that  a  guarantee  of  a  minimum 
share  compensation  would  he  luifair  to  owners  of  fishing  craft  unless 
acconrpejaied  h;?"  a  mariratun  limita.tion;  a,nd  that  the  latter  "ould  he  op- 
posed hy  the  fishermen. 

This  argument  undoubtedly  had  merit;  and  the  situation,  admittedly, 
was  not  one  to  which  it  wa.s  iDracticahle  to  apply  the  standard  minimum 
wage  policj'-  of  the  Administration  offhand  -  especially  in  view  of  the 
nearly  complete  lack  of  information  with  regard  to  actual  earnings  of 
fishermen  in  the  past  and  at  the  time.   It  was  nevertheless  a  defect 
of  the  Code  that  it  did  not  establish  the  principle  that  this  large 
group  of  iTorkers  was  entitled  to  some  equivalent  guarantee. 

The  Code  did  stipulate  (Article  VIII,  Title  B,  Section  1,  para- 
graph (d)  and  Title  C,  Section  1,  paragraph  (a)  that. the  National  Code 
Authority  and  the  Executive  Committees  jointly  should  make  a  study  of 
the  share  s3''stom  and  the  earnings  of  share  fishen-nen.   The  procedure 
provided  for,  however,  wa.s  cumbersome;  and  it  soon  became  apnarent  that 
the  pi-ospect  of  b.   com-prehensive  a,nd  disjoassionate  report  within  any 
measurable  time  was  negligible. 

It  was  then  that  it  "a.s  decided  to  undertake,  in  the  Research  and 
Planning  Division  of  the  II.R.A,  itself,  the  study  of  fishermen's  earn- 
ings to  which  frequent  reference  has  been  made,  a,nd  which,  indeed,  has 
supplied  practically  the  sole  information  availalDle  on  the  subject  for 
the  purposes  of  this  report.  As  the  facilities  for  the  work  were  limit- 
ed, however,  the  survey  was  still  not  ouite  completed  at  the  time  the 
codes  were  suspended;  and  there  had  been  no  op'oortunity  to  raise  the 
question  of  amending  the  National  Code  to  provide  some  guarantee  of 
minimum  earnings  for  share  fishermen. 

How  much  could  have  been  accomplished  if  the  codes  had  been  con- 
tinued in  force  is  uncertain.   The  UT)turn  in  the  value  of  the  fishery 
catch  which  developed  in  1934  would  undoubtedly,  for  the  tim.e  being  at 
a.ny  ra.te,  ha-ve  diminished  the  interest  taken  in  the  matter  by  the  fish- 
ermen themselves. 

3S  AlO  THE  mC-E  EISHSSl,iE]:T 


The  ninimun  wage  rates  of  the  National  Code  did  apply  at  the  out- 
set to  the  25  per  cent  of  all  fishermen,  approximately,  who  work  on  a 


9581 


TABLE  XXK 


MINBIUM  WAGE   RATES    OF  THE   FISHERY  CODES,  WITH  THE 
ESTIMATED  RESULTING   INCREASE   IN, WAGE  VOLUME 


Code  Minimunj  Rate 
Plant  Employees 


(Cents   per 
Hour) 


(Dollars   per 

Vjeek) 


Fishery  Industry  (National  Code) 

29-36 


13.00-16.00 


Preparing  and  Wholesaling 

Trades : 

General: 

New  England 

424 

^mm 

Middle  Atlantic 

— 

24.00 

Midwest 

224  L/ 

20.00 

Southeast 

15.00  i/ 

Gulf  South 

~ 

Northivest  and 

Alaska 

40 

20.00l±/ 

Southwest 

~ 

Specialized: 

Oyster 

25  £./ 

^^ 

Shuckers 

__ 

Other   Plant 

Employees 

— 

16.00 

Blue  Crab 

18 

„ 

Lobster 

~ 

20.00 

Spon,'^e 

— 

18.00 

Office 
Employees 

(Dollars  per 
Week) 


16.00 


16.00 
18.00 
18.00 
15.00  V 
15.00  £/ 
18.00 
16.00  V 


16.00 


16.00 
17.50 
16.00 


Estimated   Increase   in 
V/age  Volume 

Plant  and  Office 
Employees 

(Dollars)  (Per  Cent) 


-v 
-v 

-7 

a/ 
a/ 


a/ 

24 

500,000 

124 

625,000 

24 

375,000 

30-35 

a/ 

520,000 

12-13 

150,000 

144 

30 
d/ 

To 

15-20 

40 


k 


Primary  Processing 
Industries : 

Canned  Salmon 

Alaska 

United  St-itissV 
California  Sardine 
New  England  Sardine 

Secondary  Processing 
Industries : 

Oyster  Shell  Crushing 
Processed   or  defined 
Fish  Oil 


35  1/         -     ' 

374  £/  y 

75.00  l/l/i/ 
75.00  1/1/ l/ 

75.00  £/£/ 
75.00  2/  £/ 

1 

— 

16.00 

16.00 

a/ 

25 

~ 

15.00 

a/ 

30 
45 


16.00 
16.00 


y 

V 


26 


20 
25 


Source;     IJRA,   Division  of  Research  and  Planning^   reports   on  the  fishery  codes, 
a/  Data  insufficient  for  an  estimate. 

Proposed  rates;   supplementary  codes  not   approved. 

Rate   for  the  North;   rate  for  the  South  20  cents   per  hour. 

No  increase. 

Dollars   per  month. 

Rate     'here  board  and  quarters  were   not  furnished. 

Rate   for  cannery  (indoor)  v/orkers.      For  outdoor  employees^    the   corresponding  rate  v^^as  $95  per  month. 

Rate   for  male  employees.      The  corresponding  rate   for  females  was  32g  cents. 


L/ 
£./ 
1/ 
2/ 
£/ 


-91- 

wage  or  piece  rate  "basis,  A  su'bsta.ntial  rnpgorit:/  of  these  are  in  the 
oyster  and  menhaden  fisheries  and  on  the  G-rea.t  Lakes.  The  Fresh  Oyster 
and  the  proposed  Great  Lakes  Fishing  Codes  merely  continued  the  minimum  ^ 
rates  of  the  National  Code, 

WAGES  m  THE   OYSTER  FISHERY 

The  wage  fishermen  of  the  Fresh  Oyster  Industry  are  mainly  emploj'-ed 
hy  the  oyster-cultivating  companies  of  the  North  Atlantic  area. .  In 
1933  they  earned  on  an  average  atout  $725  for  the  year.  Few  of  them 
were  receiving  less  tha,n  the  minimum  rates  of  the  National  Code,   In 
the  South,  however,  a  limited  numher  of  employee  oyster  fishermen  nrolDahly 
henefited  from  the  latter, 

WAGES  PIT  TIIE  GREAT  LAKES 

The  t^st  available  information  indicates  thr.t   in  1933  nearly  two- 
thirds  of  the  fishermen  on  the  Great  Lakes  were  coiroensated  on  a  wage 
"basis.  There  are  no  detailed  figures  as  to  how  many. were  receiving 
less  tha.n  the  minimum  rate  estahlished  "by  the  National  Code,   The  imr- 
pression  is  tha.t  a  considera.'ble  percentsge  were  heing  paid  helow  this 
rate,  "but  in  most  cases  not  very  much  less, 

WAGES  IN  THE  ICENHADSII  FISHERY 

The  ordinary  fishermen  employed  "by  the  Menhaden  Industry  of  the 
,South  Atlantic  coast  arc  almost  all  colored.   Before  the  N,R,A,  in  1933 
these  men  were  receiving  an  average  money  wage  of  not  more  than  $10  a 
week,  and  the  rates  were  s^dmittedlj   not  raised  to  comolywith  the  re- 
q^iirements  of  the  National  Code,   This  was  a.lmost  the  only  fishery  in- 
dustry which  wa-s  never,  at  any  stage,  desirous  of  a  code.   Its  noncom- 
pliance rdth  the  minimum  wa.ge  provisions  of  the  National  Code,  especial- 
ly in  the  State  of  "Virginia,  was  notorious;  "but  no  effective  action  was 
taken  "by  the  authorities  concerned  (*), 

These  menhaden  fishermen  are  given  "board  and  quarters  during  the 
short  a.ctive  season  of  the  fishery,  in  addition  to  the  money  wages  a"bove 
mentioned.  It  is  possi"ble  that,  if  the  vaolue  of  the  former  were  ta.ken 
into  a.ccoun.t,  it  could  he  held  that  the  minimrum  wage  requirements  of  the 
Na.tional  Code  had  "been  met. 

The  Code  itself  was  silent  on  the  -'hole  question  of  the  part  pay- 
ment of  fishsrmen  in  mediums  other  than  money.   In  the  case  of  the  Men- 
haden Fishery,  the  issue  was  never  forinplly  raised.   It  did  come  up, 
however,  with  reference  to  certain  emnloyee'H  of  the  Salmon  Fishery  in 
Alaska  and  of  the  Ojrgter  Fishery  in  the  South  (**-^.  The  Legal  Adviser 
then  took  the  position  that,  unless  an  axiendment  on  the  su"bject  were  to 
"be  a.dded  to  the  National'  Code,  'the  money  valxie  of  such  "board  and  quarters 
shoxild  "be  ta]:en  into  account  in  determining  the  fact  of  corrpliance  oi- 

\*)   Correspondence  on  this  suhject  is  in  the  Deputy  Administrator's 
file!  Menhaden  Fisher;'-,  Comnents, 

(*>*)  Corres-iondence  on  this  su'bject  is  in  the  Dex)utjr  Administrator' s 

file:  National  Code,  Ejcplanations  Folder. 
9581 


-92- 

noncomoliaiice  rfith  the  minimuin  wage  provisions.   It  is  not  Relieved  that 
this  ^7as, the  intention  of  the  Administration  at  the  time  the  Code  was 
written;  "bxit  it  did  not  prove  practicahle  to  take  up  the  question  of  an 
amendjnent  to  cover  the  point. 

MIHItilUlJ  WAGES  IN  THB  FHEIPARIIT&  MP   WHOLBSALIITG  TRADES 

The  minimum  wage  rates  of  the  National  Code  were  intended  to  apply 
temporarily  only,  to  the  preparing  and  wholesaling  trades;  hut  as  things 
worked  put  they  were  never  superseded  in  the  case  of  the  Southeast,  the 
Gulf  South  and  the  Southwest  areas.  In  the  latter  instance  the  propor- 
tion of  employees  who  had  heen  receiving  less  than  the  National  Code 
minimum  must  have  "been  negligihle.  In  the  southern  areas  the  situation 
is  not  so  clear,  hut  the  nuraher  henefited  was  prohahly  appreciahle, 

.  "fith  in^iortant  exceptions  in  the  case  of  the  piace  workers  in  the 
I'resh  Oyster  and  Blue  Crah  Industries,  minimum  rates  at  least  up  to  the 
general  code  standard,  and  in  most  cases  higher,  were  agreed  upon. for 
the  prepa,ring  and  wholesaling  trades  for  which  supplementary  codes  were 
written,  wi"6h  very  little  controversj'".  The  greater  part  of  the  employ- 
ees concerned  were  heing  tolerahly  paad  heforo  the  H,P.,A. ,  and  the  pro- 
. portion  that  henefited  even  from  the  relatively  high  rates  adopted  was 
small* 

THE  WAGES  OP  OYSTEE  SHUCICEHS  AND  CEAB  PICEES 

Eifty-five  or  60  per  cent  of  the  employees  in  the  Fresh  Oyster  In- 
dustry are  shuckers  who  are  paid  on  a  piece  hasis.  The  same  is  true  of 
crah  meat  pickers,  who  account  for  not  much  less  than  90  per  cent . of  the 
gross  volume  of  employment  in  the  Blue  Crah  Industry, 

The  Eresh  Oyster  Code  estahlished  for  shuckers  a  piece  rate  of  25 
cents  per  gallon  in  the  North  and  20  cents  in  the  Chesapeake  area  and  the 
South,  with  a  guarantee  of  25  or  20  cents  per  hour  on  a  time  hasis. 
Since  it  is  practicahle  to  shuck,  on  an  average,  more  than  two  gallons 
per  hour  of  the  cultivated  oysters  -oroduced  in  the  North  Atlantic  area, 
the  25  cent  rate  gave  satisfactory  results.  The  numher  of  workers 
henefited  hy  it,  however,  was  negligihle,  and  there  was  practically  no 
motive  for  not  complying  T^ith  it. 

With  the  type  of  oyster  chiefly  ohtained  in  the  Chesapeake  area  an 
a,verage  shucker  can  open  onlj   a  little  over  a  gallon  an  hoiir.  At  the 
Code  rate,  therefore,  these  workers  were  very  nearly  limited  to  earnings 
of  20  cents  an  hour,  -Even  so,  the  20  cent  rate  was  not  generally  lived 
up  to  in  Chesajjeake  area. 

In  the  case  of  the  Blue  Crah  Industry,  seven-eighths  of  which  is 
concentrated  in  the  Chesapeake  area,  a  relatively  satisfactory  piece 
rate  of  six  cents  per  poimd,  with  a  time  rate  minimum  of  18  cents  per 
hour,  was  agreed  upon.  These  rates  were  generally  lived  up  to  hy  memhers 
of  the  Industrsr  in  Maryland,  hut  not  hy  those  in  Virginia. 

The  recalcitrant  attitude  of  the  Virginia  crah  packers  was  closely 
connected  with  the  controversy  regarding  the  conservation  r)rovisions  of 


9581 


-93- 

the  Blue   CralD   Code.      Such  data  as   could  "be  obtained  tended  to   indicate 
that   the   smaller  packers   in  the   Chesapeake  area,    toth  of  oysters   and  of 
crabs,    uere   ill-situated  financially  to  pay  the   rates  provided  for   shuck- 
ers   and  pickers   in  the   codes.      At   the   same   time,    however,    the   earnings  of* 
most  of  these  workers  were   scandalously  low.      The   situation  was   ex- 
traordinarily difficult;    and  up   to   the  time  of  the   suspension  of  the 
codes  no   solution  had  heen  found  for  it. 

MIMLIUM  WAGES   lU  THE   CALIFOIffllA  SAIU3IHB   IMDUSTEY 

The  minimum  wage  'schedule  originally  proposed  for   the   California 
Sardine  Processing  Industry  would  have  raised  the  rate  of  30   cents  fji  hour, 
which  \7as  "being  received  ty  atout   five-sixths   of   the  workers,    to   35   cents, 
or  16  2/3  per   cent.      Ultimately,    as  a  result  of  the   ahove-mentioned  con- 
troversy with  regard  to  the  restriction  of  hours,    the  minimum  wage  rate  of 
the   National   Code  was   reapplied  to   this   Industry,    and  the   increase  was  re- 
duced to  10  per  cent. 

MIEIIiUi,!  I7AGES   lit  THS   CAIJKED  SAIIilOl^  IlIDUSTRY 

In  the  case  of  the   Canned  Salmon  Industrj?-  the   situation  with  respect 
to  minimum  compensation  was   complex.      Before   the  institution  of   the  N.R.A. 
ahout   40  per   cent   of   the   shore  workers  had  "been  so-called  "Orientals" 
(chiefly  Filipinos),    who   were   employed  and  paid  ty  Chinese  and  Japanese 
lator   contractors,    and  not   directly  by  the   canning  companies.      The  latter 
paid  the   contractors  for  the  canning  of   so  many  cases  of  salmon,    and  in 
-Some  instances  did  not   even  know  what  vrages  the  Oriental  workers  in  their 
establishments  received. 

Section  9   of  Article  V  of   the   Canned  Salmon  Code   abolished  the   con- 
tract  lahor   system.      A  report  made  ''oy  the  deputy  Administrator  for  Alaska 
und.er  date   of  April  16,    1935   (*),    indicates   that   the   abolition  was   effecr- 
tive.      It   had  already  been   suggested,    in  the   economic  report  on  the  Cede, 
submitted  before  the  latter  was   approved,    that   the   Industry  would  find 
the   change  financially  beneficial,    because  the   contractors   seemed  in 
practice   to   have  been  making  excessive  profits.      This  was   confirmed  by 
the  report   just  mentioned;    and  the  fact   gives  a  pretty  reliable  basis  for 
thinlcing  that   the   Industry  will  not   return  to   the   contract  labo'^   system, 
now  that   the   Code  no   longer   exists. 

Because   the  wages   actually  received  by  the  Oriental  workers  before 
the  H.E.A.    had  been  dependent   on  the  Oriental   contractors  and  had  conse- 
quently been  lo?/,    the  minimum  rate  for   indoor  workers  written  into   the 
Canned  Salmon  Code   represented  an  increase   in  earnings  of  about   one-third 
for  practically  the  whole   of  the   class. 

THE  MHJlILMr  WAG-ES   OF  ElVlPLOYEE  SALIvIQH  FISHEBIvtBIT 

The   Canned  Salmon  Code  provided  (Article  VI,    Section  8,   paragraph 
(1)    )    that  within   six  weeks  of  the   effective  date  the   Industry  should 
malie  recommendations  for   the  minimum  compensation  of   employee  fishermen. 

(*)      This  report   is  in  the  Deputy  Administrator's  file:      Canned  Salmon, 
Comments. 

9581 


. -94- 

Tlie  term  "employee  fishermen"  was  not  defined  in  the  Code;  "but  an  under- 
standing was  later  reached  that  it  should  mea,n  fishermen  who  worked  with 
craft  or  gear  ovmed  or  leased  "by  a  canning  company.   Such  fishermen 
sp'peax   to  constitute  ahout  three-fourths  of  the  total  number  engaged  in 
supplying  salmon  canneries  in  Alaska.   In  the  United  States  proper  the 
class  is  not  important. 

The  piece  rates  at  which  these  fishermen  are  paid  vary  with  the 
location  of  the  canneries  and  the  species  of  salmon;  and  the  task  of  work- 
ing out  a  minimum  schedule  proved  e::ceedingly  complex.   For  the  sea,son  of 
1934  it  was  necessary  to.  put  temporary  rates  into  effect. 

In  advance  of  the  1935  season  strenuous  efforts  were  made  to  work 
out  a  more  satisfactory  arrangement;  hut  up  to  the' time  the  codes  were 
suspended  the  prohlem  had  not  "been  satisfactorily  solved.  TThether  a 
solution  could  have  "been  found  is  doubtful.  The  evidence  tends  to  indi- 
cate that  these  fishermen  had,  as  a  class,  heen  pretty  well  paid.   Excep- 
tions seem  to  have  "been  infrequent  and  to  have  been  due  mainly  to  natural 
deficiencies  in  the  supply  of  salmon,  which  were  financially  injurious  to 
the  canning  companies  as  well  as  to  the  fishermen.   There  is  a  question 
whether  the  loss  of  earnings  resulting  from  such  conditions  would  not 
"better  "be  tal^en  care  of  "by  means  of  an  insurance  fund  than  "by  a  minimum 
wage  rate  of  the  ordinary  sort. 

WAGES  IIT  THE  IISW  EUG-LAIID  5AHDIHS  IxiDUSTRY 

So  little  information  is  at  present  availa'ble  with  regard  to  pre- 
cede wages  in  the  New  England  Sardine  Canning  Industry  as  to  make  it 
iii'ipractica'ble  to  express  a  conclusive  opinion  on  the  minimum  rates  written 
into  the  supplementary  Code.   The  impression  is  that  while  these  rates 
were  not  high,  they  were  not  unreasona'ble  for  a  canning  industry,  the 
esta'blishnents  in  which  are  located  mainly  in  small  communities,  and  in  a 
section  of  the  country  where  the  cost  of  living  is  moderate. 

GOLIFLIAITCE  WITH  THE  MIITIIJUIvI  WAGE  PROVISIOIilS 

Eor  the  rea,aons  alread",''  eiqplained  the  "bodies  administering  the 
fishery  codes  were  not  in  a  position  to  do  much  to  insure  compliance  with 
the  la"bor  provisions.   The  widespread  noncompliance  in  the  case  of  the 
piece  workers  in  the  Eresh  Oyster  and  Blue  Cra"b.  Industries  in  the  Chesa- 
pealce  area  has  alreadjr  "been  commented  on. 

With  respect  to  compliance  with  the  la'bor  provisions  of  the  other 
fisher-'-  codes  there  is  little  exact  information.   The  impression  is,  how- 
ever, that  the  situation  was  fairly  satisfactory.   In  most  of  these 
industries,  indeed,  the  temptation  to  nonconTpliance  was  not  great.   They 
had  "been  used  to  tolera'ble  standards  of  wages,  and  their  more  prominent 
mem"bers  were  in  sympathy  with  the  minimum  wage  policy  of  the  Administra- 
tion.  There  was  not  mucli  occasion  for  attempts  at  drastic  changes  in 
wages,  save  in  the  case  of  the  Oriental  workers  in  the  Canned  Salmon  In- 
dustry; gjid  there  the  financial  advantage  .to  the  comrrjanies  of  the 
a"bolition  of  the  contract  la'bor  S3''sten  seems  to  have  more  than  offset  the 
cost  of  the  substantial  increase  in  earnings. 

9581 


-qp,. 


EFFECT   OP  THE  MIHIIuTJI/I  WAG-S  FHOV.ISIOl'TS 

The   information  at  present   availaole  permits  only  a  fevj  general 
comments   on  the   effect   of   the  miniraiiin  T,/age  provisions  of   the  fisherj'- 
codes,    individ-ually  or   in  the   aggrege.te,    on  the,  total   compensation  of 
enployees.      The   increases  which  it  was   estimated  that   certain  of   these 
codes  would  "bring  ahout   ai-e   shown  in  Tp.hle  XSIX.      The3'-  were  very  rough 
computations;    hut   there   seems  to  "be  no   res,son  for   supposing  they  were 
not   approximately  realized. 

The   only  information  now  at  hand  with  regard  to   the  wages  paid  in 
the  Fishery  Industry'"  since  the  codes  were   suspended  has  "been  obtained 
orally  from  members  of  the  former  administrative  "bodies.      Leaving  aside 
the   special   situations   in  the  Eresh  Oyster,    the  Blue   Crab   ajid  the 
Menhaden  Industries,    these   informants  are  unanimous   in  holding  that   the 
miniLiun  wage   standards  of   the   codes  have  been  maintained  without   ntrnier- 
otLS  or  important   exceptions.  '    Ox   course,    the  upward  turn  in  the  prices 
of  fishery  products   since  1933  has  facilitated  such  action.      In  the 
case  of  the   Canned  Salmon  Indu.stry,    moreover,    the   eirrplcyment   contracts 
for  the  1935   season  had  already  been  made  before   the   codes  v/ere,  suspend- 
ed. 


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-96- 
CHAPTER  XII ' 

THADE  PRiiCTIOE  PROVISIOIIS 

GENERAL  OHAHA-CTERISTICS 

In  considering  the  trade  practice  provisions  that  were  written  into 
the  fishery  codes  it  is  desirahle  to  "bear  three  points  in  mind: 

(1)  The  primary  interest  of  most  'branches  of  the  Industry  centered 
on  provisions  for  the  maintenance  or  control,  direct  or  indirect,  of  the 
prices  of  fishery  products.   The  reasons  for  this  have  already  heen  point- 
ed out.  ■ 

(2)  Host  of  the  fishery  codes  were  -out  in  forn  for  hearing  after  the 
early  t;/pical  codes  for  manufacturing  industries  had  "been  approved,  hut 
while  the  prestige  of  the  latter  was  still  high.   There  was  consequently 

a  tendency  to  copy  provisions  from  existing  codes,  sometimes  without  much 
reference  to  their  suitability  to  the  special  conditions  of  the  Pishery 
Industry. 

(3)  There  wo.s  room  for  including  in  these  codes  some  provisions  de- 
signed to  deal  with  specialized  prohlens  of  the  Industry,  hut  for  which 
there  had  heen  no  need  in  other  codes.   This  was  done  to  a  limited  extent; 
hut  on  the  whole  little  thought  was  given,  in  writing  these  codes,  to  the 
long-time  needs  of  the  fisheries  themselves. 

This  is  to  be  ercplained,  of  course,  by  the  proponents'  absorption  in 
their  immediate  difficulties  and  by  the  emphasis  put  by  almost  everyone  at 
the  tim-e  on  the  temporary  and  emergency  aspects  of  the  code  program.   If 
another  industrial  organization  analogous  to  the  K.R.A.  were  to  be  estab- 
lished and  applied  to  the  Pishery  Industry,  it  would  be  highly  desirable 
to  put  greater  stress  on  its  special  and  long-time  needs. 

CLASS IPI GAT lOU  OP  PROYISIOIJS  APP::::CTINC-  PRICES 

In  the  following  discussion  of  the  trade  xaractice  provisions  of  the 
fisher?/  codes  those  relating  directly  or  indirectly  to  the  maintenance  or 
control  of  prices  will  be  treated  first.   They  may  conveniently  be  dis- 
cussed under  the  following  headings: 

(a)  Control  of  production 

(b)  Destructive  price  cutting 

(c)  Open  prices 

(d)  Sales  below  individual   cost 

(e)  Sales  below  minirauia  prices   in   emergencies 

(f)  Consignment   sales 

(g)  Credit   terns 

(h)  Bases  of  price  quotations  and  settlements 
(i)  Allowances  on  customers'  claims 
(j)  Diversion  of  brokerage 

The  Atlantic  Mackerel  Code  was  the  only  one  containing  a  provision 
for  the  control  of  production.   The  operation  of  this  provision  attracted 
an  amount  of  attention  which  was  probably  out  of  proportion  to  its  real 
importance.   The  fact  that  it  did  receive  so  much  publicity,  however,  has 


9581 


■  made  it  seera  desirr.'blo  to  disn.iss  tlie  mnttor  sor; oTrlir.t  fiilly  in  this  re- 
port.  The  provision  is  theiefure  treated  separately  in  Chapter  XIV. 

PH0HI3I'TI0I\r  OF  DSSiaUOTIi/E  P:.?TG?  CUT'j?T::IG 

The  IJational  Pighc-";''  Code  made  it  an  -nfair  trade  practice  to  en- 
gage in  destructive  price  cub:ing.   In  its  original  form  this  provision 
TiTOuld  have  given  the  lii'atlonal  Code  Authority  almost  i-nlimited  potrers  of 
•enforcement.  -As  finally  approvedj  hovrever,  the  pronihition  (Article  VI, 
Section,  1,  paragraph  (c))  vjs.s   accomvDajaied  h;"  a  clause  (Article  VIII,  Title 
D,  Section  4)  inposin.'r  on  the  Divisional  Executive  Committees  the  duty, 
on  receipt  of  information  from  relialjle  soiu-ces  regarding  alleged  cases 
of  destructive  price  cutting;  to  hold  hearings  aid  to  report  the  results 
to  the  Adrainistrator,  \7ho  might  take,  such  action  as  he  sa\7  fit. 

So  far  as  laio\Tn  there  was  only  one  formal  hearing  of  the  kind.   This 
Yias   held  hy  the  Eiiiecutive  Committee  for  the  ITortjiern  area  of  the  Middle 
Atlantic  Preparing  and  \7holesaling  Indu^jtr:'.  as  a  result  of  a  complaint 
from  the  Suhcommittee  for  the  lotel  S\to":ply  Section  (*;,   The  Committee  re- 
ported that  no  conclusive  e"vidence  of  delioerate  destructive  price  cutting 
had  heen  adduced,  and  there  was  consequently  no  occasion  for  action  on  the 
part  of  the  Administration  . 

The  procedure,  provided  for  safeguarded  this  destructive  price  cutting 
clause'  so  thoroughly  that  it  could  scarcely,  have  done  an^r   harm.   The 
method  of  dealing  with  complaints,  however,  was  so  cijjuhersome  tiis,t  except 
for  its  moral  effect  the  provisions  could  hardl;r  have  .accomplished  any 
useful  pur-QOse. 

THE  PILim  OF  OPaSi  PaiC-JS 

Provisions  for  the  filing  of  open  prices  werewritten  into  the  Can- 
ned Salmon,  the  Fresh  Oyster,  the  Wholesale  Lohster,  the  California  Sar- 
dine, and  the  Blue  Crah  Codes  (**),  in  vai-:^''ing  forms,  "before  the  promul- 
gation of.  Office,  iiemorandnm  ITo.  228.   Several  of  the  codes  suhsequently 
approved  incorporated  the  open  price  provisions  of  the  liemorandum  (***), 

Little  detailed  information  is  at  present  availahle  with  regard  to 
the  working  of  th.ese  open  price  provisions.   The  Chairman  of  the  Canned 

(*)  The  documents  are  in  the  Leputjr  Adsninistrator '  s  file,  i.Iiddle  Atleua- 
tic  Preparing  and  Wholesaling  Code,,  under  the  name  of  "Jalter  T.  Mc- 
G-roory,  who  was  then  Chairman  of  the  Sxibcommittee. 

(**)   Canned  Salmon  Code,  article  VII,  Pule  1;  Fi-esh  Oyster  Oo.de,  Article 
VI,  Title  A,'  Section  .1,  (l);  Wholesale  Looster  Code,  Article  VI, 
.  Section  1,  (g) ;. Calif ornia  ■  Sardine  Code,  Article  VI,  Section  1,  (j); 
'    Blue  Crah  Code,  Article  VI,  Section  1,.  (l). 

(***)  Trout  Farm.ing,  Code  Article  VI,  Section  1,  (j);  iTew  England  Prepar- 
ing and  Wholesaling  Code  Article  VI,  Section  1,.  (d);  l\Few  England 
Sardine  Canning  Code,  Article  VI,  Section  1,  (f);  Midwest  Preparing 
and  Wholesaling  Code  Article  VI,  Title  A,  Section  1,  (h) ;  Middle  At- 
lantic Preppxing  and  "Wholesaling  Code,  Article  VI,  Title  A,  Section 
l,(a);  processed  or  Hefined  Fish  Oil  Code,  Article  VI,  Section  l,(q). 


Saljaou  Code  Authority,  in  a  letter  to  the  Deputy  Administrator  under  date 
of  ITfe'bruary  5,  1935,  (*)  stated  tliat  the  open  price  provisions  of  that 
Code  had  operated  for  the  henefit  of  the  Indiistry,  and  advised  their  main- 
tenance.  It  was  suhsequently  asserted  from  private  sources  that  these 
provisions  had  "been  extensively  circumvented  "by  suhterfuge;  hut  the  ac- 
curacy of  the  statement  cannot  he  vouched  for. 

The  .Executive  Committee  of  the  .?resh  Oyster  Industry,  under  date  of 
July  26,  1934,  applied  for  a  stay  of  the  price  filing  provisions  of  its 
Code  "in  the  Hdrth  Atlantic,  Chesapeake  and  Southern  areas.   The  Pacific 
coast  merahers  desired  the  provisions  to  he  maintained.   The  stay  was  grant- 
ed, in  the  form  requested,  on  September  29  (**). 

The  diverse  recommendations  in  these  tvro  ca,ses  suggest  that  the  de- 
vice of  open  price  filing  may  have  heen  relatively  -^Torkahle  in  the  canning 
industries,  hut  less  so  in  the  preparing  and  T/holesaling  trades.  The  chief 
difficult^'-,  in  the  case  of  the  latter,  arose  from  the  variety  and  perish- 
ahility  of  their  -oroducts,  and  the  consequent  necessity  of  filing  numerous 
prices  and  of  changing  them  frequently. 

'  Ho\7  far  these  ohstacles  could  Imve  heen  overcome  hy  better  adminis- 
tration is  not  entirely  clear.  All  the  Executive  Committees  concerned 
"brought  the  requirements  that  "oriceshe  filed  to  the  attention  of  their 
memhers,  and  there  'seems  to  have  heen  fairly  general  initial  compliance. 
The  requirements  that  subsequent  changes  he  filed,  however,  were  never 
well  observed.   The  Committees,  for  reasons  already  exolained,  did  not 
follow  the  matter  up  effectively.   On  the  whole  it  seems  unlikely  that 
open  price  filing  could  have  been  made  to  work  satisfactorily  in  most  of 
the  preparing  and  wholesaling  trades. 

FHOHIBITIOK  OF  SALES  BELOW  IiaiVISmL  COST  . 

The  Canned  Saltoon  Code  contained. no  provision  with  regard  to  sales 
below  nerahers'  individual  costs.   Prohibitions  of  such  sales,  however,  were 
written  into  all  the  earlier  supplements"  to  the  ilational  Code,  including 
those  for  the- Ere sh  Oyster,  the  'Tnolesale  Lobster,  the  California  Sardine, 
the  Atlantic  Mackerel,  and  the  Blue  Crab  Industries  (***).   These  codes, 
moreover,  imposed  on  each  of  the  Ejcecutive  Committees  concerned  the  duty 
of  formulating  "an  accounting  system  and  methods  of  cost  finding  and/or 
estimating  capable  of  us  by  all  members  of  the. .............  industrj?"", 

(*)   Deputy  Administrator 's  file:  Canned  Salmon  Code,  Coiimients  Eolder. 

(**)  Administrative  Order  308-A-9. 

(=***)  Eresh  Oyster  Code,  Article  YI,   Title  A,  Section  "l,  (k) ;,  TFliolesale 
.■   Lobster:  Code,  Article  YI,  Section  1,,  (h);  California  Sardine  Code, 
Article  VI,  Title  A,  Section  1,  (l);  Atlantic  Mackerel  Eishing  Code; 
Article  VI,  Section  1,  (b);  Blue  Crab  Code,  Article  VI,  Section  1, 


9581 


The  use  of  all  these  ooct  fi'iding  nystcins,  ^hen  aroroved,  Tras  to  he 
mandatory  on  the  memhers  of  th.j  inluGtries  coacerned;  in  the  sense  that 
the  codes  inade  it  an  -onfair  trj.de  practice  to  sell  helo'T  indiA'-idiial  cost 
as  determined  "p-'arsuaivb  to  the  "orincJT.lec"  of  the  systeiis.  It  had  he-  ^ 
come  evident  .at  an  early  stage  that  tno  r. ass  of  fishery  enterprises  were 
pec-uliarly  ill-fitted  to  ha-"-e  rigid  or  co.'ivyi.ic.ated  methods  of  cost  find- 
ing imposed  on  thenio  The  lanr^jage  just  qu'Jted  represented  an  effort,  in 
response  to  this  sj.tuation,  to  impart  a:i  element  of  fZ.exihility  to  the 
administration  of  the  code  provisions  prohihiting  sales  helow  individual 
cost. 

Proposed  cost  finding  ST/stems  were  suhmitted  hy  the  Executive  Com- 
mittees fcr  the  ITresh  Oyster,,  the  7;holesale  Lohster,  the  California  Sar- 
dine and  the  Atlantic  Mackerel  rndV'stries,.   Of  these  the  system  of  the 
California  Sardine  Industry  alone  was  approved  for  temporary  use.   The 
others  were  still  awaiting  action  ty  the  Adi'unistration  at  the  time  the 
codes  were  suspended„ 

EFFECT  0?  T'flB  SAL'^^S  B?.LC^  COST  P3.Q\'ir:7- GITS 

Uo  detailed  information  is  ava:l2o"ble  i,7ith  respect. to  the  use  made  hy 
the  Eicecutive'  Committee  of  the  California  Sardine  Industry  of  its  cost  find- 
ing system.   The  Committee  steadily  maintained  that  the  system,  and  the 
prohihition  of  sales  helow  individual  cost  in  connection  with  which  it  was 
used,  had  proved  highly  henoficial.  When,  'at' the  hoginning  of  1935,  the 
California  Mackerel  Caiining  Industry,  which  has  substantially  the  same 
memhership  as  the  Sardine  Industry,  applied  for  a  supplementary  fishery 
code,  it  Stated  that  i't  .would  he  unwilling  to  assent  to  any  instrument  that 
did  not  ■  include  a  sales'-helow  cost  provision.   No  corrohoration  of  these 
statements  was  suhmitted;  "but  in'ctny'case  it  would  prohahly  he  impossihle 
to  distinguish  the  effect  of  the'  code  provision,  if  it  had  any,  from  the 
-iinprovement  'in  the  prices  of  the  Industry's  products  due  to  other  causes. 

Since  no  cost  finding  system  ?/as  approved  for  aJiy  of  the  other  indus- 
tries- whose  supplementary  codes  contained  prohibitions  of  sales  helow  in- 
dividual costs,  no  yardsticks  were' available  for  determining  whether  the 
provisions  had  been  violated' or  not.  As  far  as  kn.own,  the  Executive  Com- 
mittees concerned  took  no  active  steps  to  enforce  them;  and  it  is  uiilikely 
that  there  was  any  serious  effort  at  compliance.' 

MiHiivraivi  COSTS  Aim  peices  m  mvisr&eijgies  ■   ■  ■ 

The  Atlantic  llackerel  Code,  besides  a  prohibition  of  sales  helow  in- 
dividual cost,  contained,  in  the  older  form  suggested  for  use  in  codes  prior 
to  the  promulgation  of  Office  Memorandum  Uo.  228,  a  provision  (Article  VIII, 
Title  C,  Section  1,  paragraph  (h))  which  permitted  the  Executive  Comm.ittee 
to  determine,  suh.ject  to  the  approval  of  the  Administrator,  the  existence 
of  an  emergency  due  to  destructive  price  cutting,  and  to  fix  a  lowest  rea- 
sonable cost  helow  which  the  Industry's  product  might  not  he  sold.   The. at- 
tempt which  was -made  to  apply  this  provision  will  he  .discussed  in. Chapter 
XIV,  in  connection  with  the  control  of  the  mackerel  catch  under  the  same 
Code.'  ,    .  • 

After  the  promulgation  of  Off ice  .Memorandum  Ho.  228  all  the  supple- 
mentary fishery  codes  'incorporated  its  provisions  with  reforence  to 

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-100- 
destriictive' -irice   cutting:  and  an  emergency  "basis  foi-  ;orices. 

T'.:.e  .  atte::nt   to   olstain  avjproval   of   a,  lo'^est   reasonaDle   cost   for   the 
I'.iacl:erel  Sisliery  involved  an   interpretation  of   the   term  "emergency"   that 
d,iffered  -::ld.elj  from  the   ujiderstandin^:  of   the  Administration,      Whether 
the    csxie   ■"■.-Gtild  have   "been   the.  case   in  other  branches  of   the   Industry  it   is 
imoo.GSible    to    say,    since  no   similar  application  '7as, ma.de  under  the   codes 
that   contained  the   clauses   stipulated   in  Office   Memorandum  Wo,    228, 

If  the  code  system  ha.d  been  continued  in  effect,  however,  it  seems 
likely  tlmt  an.  effort,  to  a"TOly  the  emergency  price  provision  of  the -Hew 
Engls^nd  Sr.idine  Code  would  lia.ve  been  made  in  the  sumner  of  193,5.  In 
that  case  the  Industry's  understanding  of  the  term  emergency  seemed  not 
to  differ  v;idely  from  the  Administration's  intemreta^tion;  and  it  mif;ht 
consequent!]'-  b_ave  been  possible  to  approve  a  temporary  -Drice  floor.  The 
matter,    however,   was  never  brought   to  an  issue, 

TH3  F.aOEI3IgIOW  MW  BECrllLATIOI  OP  CGllSIGmiEHT  SALES 

A  substantial  proportion  of  the    small  enterprises   that  make  up  a 
grea.t  pa,rt   of  the  Fishery  Ind-ustrj'-  are  located  at  points  remote  from  the 
larger,  centers  of   the  wholesaie   trade.      Since   these   concerns   deal  mainly 
in  ver3r.  T)erishable  products,- and  since,    in  the  case  of  the  primary  pro- 
ducers,  they  are  absent  much  of   the  time  on  fishing  trips  and  out  of, 
touch. Y/i,th  the  marke,t,s   in  which  their  products  must  be  disposed  of,    it 
is  liard  for-  them  to   sell   at,  fixed  prices  knoi,m  in  advance.      It  has   con- 
sequently been  common  for  fishermen,    and  also  for  many  concerns   in   the 
preparing  and  wholesaling  trades  -   such  as  live   lobster  dealers,    ojrster, 
crab  and  shrimp  packers,    and  small  fresh  fish  wholesalers  at  outlying 
ports  -  to  Tiake   their  shipments  to   the  main  wholesaling  centers  on  con- 
signment, ■■■       ■  • 

As.  the  prices   of  fishery  products  declined  from  192S.to   1933,    a 
large  proportion  of   such  shippers  became  convinced  tlict   this  mode  .  of 
making  their   sales  was  accentuating   the   deflation.      In  a  majority  of  the 
supplement ar]!-  fishery  codes,    consequently,    there  were    included  provisions 
which)    invarjj-ing  form,  prohibited  or  regulated  consignment   selling,    (*) 

EEOULIiiR  ggJCTICES    IK  HAITOLBtg  COHS I GCTIvEKTS 

There   is  no   doubt   ths^t   the  procedure  followed  by   the  wholesalers  in 
several   large   centers,    in  accoimting  for   the   sale   of'  goods   shipped  to   them 
on  consignment,    has   been  peculiar,    and  not   in  accordance  with  the   strict 
law  on. the   subject,- 

The  vdiolesalers   in  the.  Pulton  Market    in  New  York  City  have   univer- 
sally assumed  a  right   to  .buy  in  such   shipments  for  their  own  account,   for 

T*l      (Eresh  Oyster,   Article  VI,    Section  1,    (e);    iTholesale  Lobster,  Arti- 
cle-'tl,    Section  1,    (e);    Blue  , Crab,   Article   VI,    Section  1,    (b);    Trout 
Eejrning,   Article  VI,    Section  1,    (a);   New  England  Preparing  and  TThole- 
saling.  Article  VI,    Section  1,    (k);   Middle  Atlantic  Preparing  and 
Wholesaling,   Article   VI,    Section  1,    (h),    (r),    and  (v);   Northwest 
and  Alaska  Preparing  and  Wliolesaling,   Article  VI,    Title  A,    Section  1, 
(j). 

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-1  Jl- 

the  pujrpose   of  mailing  iro   s-necial  o.ssort.ients  of   species  aiid  sizes.      Wlien 
they  have   taken  over   consi-^rjiieiit   shipments   in  this  manner,    they  h^,ve   ac- 
counted for   them  to   the    shippers  a,t   the    average  nrices  "bro-ught   "by  the         ^ 
SDecies  and  sizes   concerned  on   the   dr.ys  on  ^diich  the   transactions   occur- 
red.     It   is  understood  tha.t  this  practice   of  averaging  returns   on  consign— 
ment   shipments  has  also   "been  com}non   in  Pbiladel-ohia.      In  the   Chicago 
market   the   wholesalers  ^appear   to  have  accoiinted  to  fishermen  viho   shipped 
them  on  consignment   from  the    Great  Lakes  ports  at  aroitrary  prices  v;hich 
they  regarded  as  fair, 

Wlien  ohjections  were   raised  to   these  practices,    the   dealers   invaria- 
hly  contended  that   it  T7as   imp.racticci.'ble   to   dispose   individually  of   the 
sma.ll  mirced  lots   shipped  to   them  "by  many  fishermen  and  'by  small  whole«. 
salers  oi-  "oackers  at   ou.tlying  ports,    a;id  to   account   for   them  in  accord- 
ance  uith  the    strict  law  relabing  to   consignment   sales. 

The   question  is   a  complicated  one;    "bat   there   is  undouhtedly  much 
truth  in   the   dealers'    content icn„      The   desirable   course  would  pro"bal)ly 
he   to  modify  the   law  of   consigniient   sales  for  applica-tion   to    transactions 
in  these  perisliahle  products.      If,    however,    such  pro,ctices  as  buying- in 
and  avera^'inf;  on  consignment   shii^ments  of   fishery  products  were   to   be 
legalized,    a„s   the  Middle  Atlantic  Preparing  and  ITholesaling  Industry  has 
persistently  urged,    some  power  of  supervision  shoiild  be   lodged  with  an 
impartiaol   av.thority,   perhaps  the   Btireau  of  Pisheries.      Recourse   to   civil 
suit   or   to   complaint   to    the  Federal   Trade   Coinraission  is   of  no   vaiue   to 
the  mass   of  fishermen.      Some   simplified  adrainistrative  procedure   to   check 
abuse   of   the   extended  powers  of   the   dealers  who   act  as  agents   in  these 
cases  would  be   called  foro 

EFESCT  or  CONSIGIlviElv'T  SILLLIHG  01\T  miCSS 

To  what  extent,    however,    if  at  all,    these  practices   in  connection  with 
consignment    shipments  resulted  in  poorer   retijxns   to   the    shippers   tha,n 
would  hs,ve   been  the   case    if   the  latter   could  have  kept   themselves   iriformed 
of   t'lie    state   of   the   great  wholesale  markets,    and  had  then  sold  at  fixed 
jjrices,    it   is   impossible   to   ssjy  from  the   data  now  available.      The  matter 
has  been  discussed  with  representatives   of   the    trades   concerned;    but   their 
opinions  were  found  to  vary  widely,    and  it   is   doubtful  whether   they  really 
had  data  on  which  to   base   reliable  conclusions.      It   seems   likely,    on  the 
whole,    that  neither   the  practice   of  selling  on  consignment   itself,    nor  the 
wholesalers'   methods  of   disposing  of   such  shipments  and  of  accounting  for 
them,   ma.de  much  difference    in   the  prices  received.      Till  more   data  are 
available,    however,    it   is   impossible   to   be  certa.in. 

EPE3CT  Qg  THE  PROVISIONS  RELATIInIG  TO   COWSIGM/IENTS 

In  the   light   of   the   foregoing   statements  the  provisions   of   the  fisli*. 
ery  codes  which  prohibited  or  restricted  sales   on  consignment  were  at  best 
not  easy  to   enforce.      Whether   desirable   or  not,    they  proposed  to   change 
practices  having  a  basis   in  conditions   that  made   difficult  both  sales  at 
fixed  prices  and  consignment   sales   in   strict  accordance  with  the  lax?  on 
the   subject.      Since   the   conditions  governing  the   ac'jninistration  of   the 
fishery,''  codes  were  imfavorable   to   the   enforcement  of  provisions   that  v.'ere 
new  to    the  menbers   concerned,    and  that   affected  adversely  their  interests 

9581 


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or  their  convenience,  there  \7as  little  ground  for  expecting  much  suc- 
cess in  ootaining  connliance  xiith  the  provisions  relating  to  consignnents. 
The  direct  evidence  now  available  is  slight;  tut  as  far  as  it  goes  it 
indicates  tliat ,  in  the  ahsence  of  systematic  enforcement  hy  either  the 
code  bodies  or  the  Administration,  little  or  no  attention  was  paid  them. 


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CHAPIER  XIII 

TRADE  •PHACT ICE  PHOVISIONS:      COlTTrilUES 

THE  H^OHIIilTIOiJ  0?  DISQPJMIWATORY  PRICES 

The   National  Fishery  Code   contained   (Article  YI ,    Section  1,   para^ 
graph  (d)    a  provision  of  a  t-^pe   frequently  met  with,    which  made   it  an 
unfair  trade  practice    "to    secretly  pay  or  allow  rebates,    refunds,    crev.its, 
or  unearned  discounts,,  either. in  the   form  of  money  or  otherwise;    or   to 
secretly  e::tend  to   certain  pui-cliasers    special  services   or  privileges", 

Forne.l   complaint   of   the   violation  of   this  provision  was  made   in  at 
least   one    ca.se,   which  cane   to   the  attention  of   the   Compliance  Office  at 
Charleston,    South  Carolina   (*).      The   accused  wholesaler   defended  himself 
on  the   ground  that  he   had  quoted  high  prices  to   the   complainant   "because 
the   la^tter  had  proved  a  had  credit   risk.      On  the   tentative   ass-umption   that 
this  was  a  fact  the   Compliance  Office,    sup"^orted  by  the  Deputy  Adminis trac- 
tor,   held  tliat   the   above   quoted  provision  had  not   been  violated.      So  far 
as  known  the  ' complainant   did  not  press   the   matter,   and   the  facts  were  not 
further   investigated.      The  position  taken  by  the   compliance  office   and 
the  Deputy  was  apparently  reasonable, 

THE  REGIILATION  OE  CREDIT   TERMS 

The  Eresh  Oyster,    the   f/holesale  Lobster,    the    California  Sardine   and 
the   New  England,   Middle  Atlantic  and  Noi'thwest  Preparing  and  Wholesaling 
Codes    (**),    all   contained  provisions  limiting  the  periods  for  which  credit 
might   be  given  by  members   of   the   industries  concerned.      In  all   these   cases 
the   complaint  was   that   during  the   depression  the   granting  of   long  credit 
teriTis   load  lieen  carried  to   extreines  by   the   less   stable   dealers,    \7ith  a  re- 
sult equivalent   to   -undercutting  prices  of   the  more   conservative   firms, 

BASES  OP  PRICE   QTJOTATIOl'S  AKD  SETTL3t£EITTS 

Most   of   the  fishery  codes    (***)    also   contained,    in   slightly  varjdng 
forms,   jprovisions  making  it  "an  unfair   trade  practice   to   quote  prices  or 
make   settlerfents  on  any  basis   except  f  .cb,    shipping  point  or  cost  ajid 

(*)      Deputy  Administrator's  file:      National  Fishery  Code,    Complaints, 

(**)   Presh  Oyster,    Art,    VI,    Title  A,    Sec.    1,    (b);    Wholesale  Lobster,   Art, 
VI,    Sec.    1,    (b);    California  Sardine,    Art.    VI,    Title   A,    Sec.    1,    (i); 
New  England  .Preparing  and  liilholesaling,   Art.    VI,   ^Sec.   1,    (b);   Middle 
■  -Atlantic  Preparing  and  Wholesaling,   Ai't ,   VI,    Title  A,    Sec.   1,    (n); 
Northwest  and  Alaslra  Preparing  and  Wiiolesaling,   Art.    VI,    Title  A, 
Sec.    1,,    (i).   ^  •  ■ 

(***)presh  Oyster,   Article   VI,   'Title  A,    Section  1,    (a);    Wholesale  Lobster, 
Article   VI,    Section  1,    (a);    Blue   Crab,    Article  VI,    Section  1,    (a,); 
Trou.t  Farming,,  Artrcle'  VI, .  Section  1,    (h);   New  England  Sardine   Can- 
ning,   Article   VI,    Section. 1,    (b);   New  England  Preparing  and  Whole- 
saling,  Article  VI,    Section  1,    (a);   Middle  Atlantic     Preparing  and 
Wholesaling,   Article   VI,    Title  A,    Section  1,    (g);    Oyster   Shell 
Crushers,   Article   VI,    Section  1,    (k). 

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freight  destination.   In  the  case  of  quotations  or  settlements  on  the 
latter  oasis  it  was  also  required,  in  some  cases,  that  the  cost  of  pack- 
ages and  original  ice  "be  included.   The  ohject  was,  of  course,  to  prevent 
concealed  price  reductions  as  a  resu]-t  of  the  quotation  of  delivered 
prices  that  did  not  include  all  major  items  of  packing  and  transportation 
cost, 

ALLOITMCIES  OR  CLAIMS  BY  CUSIOIIBES 

The  Blue  Cra"b,  the  Trout  Farming  and  the  Midwest  Preparing  and 
Wholesaling  Codes  (Article  VI,  Section  1,  paragraph  (g),  in  each  case) 
contained  -oi-ovisions  limiting  the  allowances  that  might  he  made  "by  deal«. 
ers  as  a  result  of  claims  from  customers  that  shipments  were  not  up  to 
st)ecified  or  standard  quality.   In  their  original  form  most  of  the  other 
preparing  and  wholesaling  codes  contained  similar  clauses;  and  a  good 
deal  of  effort  vras  expended  in  attempting  to  put  the  latter  into  a  shape 
that  v/ould  sa-tisf;/  the  reasonahle  desires  of  the  proponents,  without 
exposing  tliem  to  serious  ohjection.   It  is  ohvious  that,  in  the  case  of 
commodities  as  perishable  as  fresh  fishery  products,  there  is  a  strong 
temptation  for  purchasers,  when  the  market  has  turned  against  them,  to 
make  unjustified  claims  on  sellers,  and  tha,t  it  is  very  hard  for  the 
latter  to  be  sure  of  the  facts. 

Nothing  specific  is  at  present  Icnown  of  the  effect  of  these  pro- 
visions relating  to  credit  terms,  to  price  bases,  or  to  allowances  on 
claims.   In  the  absence,  however,  of  systematic  efforts  to  enforce'  the 
fishery  codes  on  the  part  either  of  the  code  bodies  or  of  the  adminis- 
tration, it  is  improbable  tliat  they  r'ere  generally  complied  with, 

THE  DIl/SRSIOlI  OF  HROKEEAGE 

Almost  all  the  wholesaling  and  processing  codes  contained  provisions 
prohibiting  the  diversion  of  brokers'  fees  or  commissions  to  customers 
(*),   The  question  nas  regarded  as  particularly  Important  by  the  canning- 
industries,  since  the  proportion  of  canned  fish  and  shellfish  sold  by 
the  processors  through  brokers  is  very  large.   The  preparing  and  whole- 
saling trades,  however,  vrere  also  interested  in  the  question. 

Little  or  nothing  specific  is  known  of  the  effect  of  these  provi- 
sions except  in  the  case  of  the  Canned  Salmon  Code,  This  Industry 
attached  special  importance  to  the  diversion  of  brokerage,  because  of 
the  e::tent  to  which  large  buyers  of  its  product,  especially  chain  grocer^'' 
organizations,  had  made  a  practice  of  placing  their  orders,  whether  direct 
or  through  brokers,  with  producers  who  agreed  to  make  what  were  in  ef- 
fect price  reductions  'by  permitting  part  or  all  of  the  customary  com- 
mission to  be  deducted  on  payment  of  the  invoices, 

(*)  Fresh  Oyster,  Article  VI,  Title  A,  Section  1,  (f);  California  Sar- 
dine,  Article  VI,  Title  A,  Section  1,  (h);  Blue  Crab,  Article  VI, 
Section  l,(c);  Hew  England  Preparing'and  Wholesaling,  Article  VI, 
Section  1,  (n);  New  England  Sardine  Canning,  Article  VI,  Section  1, 
(e);  Middle  Atlantic  Preparing  and  Wholesaling,  Article  VI,  Title  A, 
Section  1,  (j)j  Northwest  and  Alaska  Preparing  and  Wholesaling, 
Article  VI,  Title  As  Section  1,  (g);  Canned  Salmon,  Article  VII, 
Eule  3. 

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It  seens  likely  that  this  situation  really  reflected  a  basic  change 
in  the  methods  of  distrilDuting  canned  salmon  which,  while  -unfavorable  to 
the  interests  of  some  brokers  and  producers,  could  not  be  reversed  or 
arrested  "oy   means  of  the  code  provisions  anproved  for  the  purpose.   The 
Canned  SaJraon  Code  Authority  for  some  time  made  conscientious  efforts  to 
enforce  the  prohibition.   Diff icul.ties  were  created,  however,  by  the 
status  of  the  brokers  with  reference  to  the  Code,  by  uiicertainties  as  to 
the  proper  treatment  of  the  patronage  dividends  of  cooperative  purchasing 
organizations  of  varying  degrees  of  legitimacy,  and  above  all  by  the  in- 
fluence e-erted  by  the  large  chain  grocery  organizations  as  buyers  of  the 
Industry's  products. 

The  Code  Authority  finalljr  reconnended  a  stay  of  the  provision  and 
the  application  was  granted  on  May  6,  1935  (*). 

Exce;-)t,  possibly,  in' the  case  of  the  California  Sardine  Industry, 
it  is  unlikeljr  that  the  other  provisions  prohibiting  the  diversion  of 
brokerage  were  generally  complied  with, 

HIOVISIOITS  FOR  TH3  BEICEPIT  OF  HlIIvIARY  ERODUCERS 

Since  only  one  supplementary  code  was  approved  for  a  fishery  proper, 
comparatively  few  trade  practice  provisions  were  designed  for  the  s,d- 
vantage  of  the  primary  producer.   A;oart  from  the  provision  for  the  con- 
trol of  the  Atlantic  mackerel  catch,  hoi^ever,  there  were  a  few  s-oeoial 
provisions  for  the  benefit  of  fishermen,  which  were  of  course  peculiar  to 
these  codes, 

FAIMBNT  FOR  PURCHASES  FROM  FISHEBI-TEM 

At  the  public  hearing  on  the  Fresh  Oyster  Code  testimony  was  of- 
fered to  the  effect  that,  at  least  in  the  Mississippi  and  Louisiana  area, 
it  had  been  common,  during  the  depression,  for  dealers  to  delay  payment 
for  oysters  purchased  from -fishermen,  or  to  fail  to  make  such  payment  at 
all  {**) ,      As  a  result  a  provision  was  inserted  in  the  Code  mentioned, 
which  made  it  an  ijnfair  trade  practice  to  fail  to  pay  for  piirchases  from 
fishermen  on  delivery,  or  without  f-ornishing  a  written  acknowledgment 
containing  all  information  necessary  to  an  understanding  of  the  transac- 
tion, and  agreeing  to  make  payment  not  later  than  10  days  after  delivery. 

The  Labor  Adviser  followed  this  matter  up,  and  at  subsequent  hear- 
ings on  sirrplementarj'-  codes  endeavored  to  obtain  evidence  as  to  the  con- 
ditions existing  with  respect  to  payments  to  fishermen.   It  did  not  ap- 
pear that  the  abuses  described  as  rife  in  parts  of  the  Fresh  Oyster  In- 
dustry were  at  all  general,  though  it  must  be  remembered  that  most  of  the 
testimony  came  from  purchasers  and  not  from  fishermen  themselves.   The 
Labor  Adviser,  however-,  requested  the  inclusion  in  all  the  other  whole- 
saling and  processing  codes  of  a  similar  provision;  and  this  was  agreed'to 

(*)  Adjninistrative  Order  429-20. 

(**)  Transcript  of  Public  Hearing  on  the  Fresh  Oyster  Code,  page  181-132. 


9581 


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without   nuch  controversy.    (*) 

Notliing  sioecific   is  Icnoi.^m  of   the   effect  of   these  provisions.      The 
adrainistro.tive   bodies  of  the  wholesaling  and  processing  industries  had 
little   or  no    incentive    to   lool':  for  violations.      Prices  had  turned  uprard, 
and  there   he/',  prohahly  ceased  to   he  much  occasion  for  fishermen     to  malce 
complaints.      At  the   same    time    the  provisions   in   question  were  proper  ones, 
which  it  v.'o.s  prohahly  desirahle   to  have   in   the   fishery  codes  on  general 
principles, 

PROVISIOIS  RBLATIJ\TG  TO  ABUSES   IN  THE  ADMIKISTRATIOM  OP  LAYS 

?LefGr:-nce  has  already  heen  made,    Chapter  VII   to   the  ahuses  alleged 
to  exist  in  the  adjninistration  of  fishing  lays  or  share  agreements.      In 
the  Atlantic  Ma.ckerel  Pishing   Code   there  was  included  a  provision   (Arti- 
cle  VI,    Section  1,   paragraph  (e)    ),    which  made    it  sn  unfair   trade  practice 
"to  accept,    in  connection  with  any  lay  or  other  profit-sharing  entei'prise, 
any  gratuity,   payment,    allowance,    rebate,    refund,    credit,    or  unearned 
discount,    e::cept  as  lorovided  for   in   the    lay  or  other  profit-sharing  enters- 
prise   agreement."      It  was  proposed   to   '-^rite    the    same  lorovision   into   other 
supplemente,ry  codes  for  the  primary  loroducing  industries.      It   is  not  linown 
that  these  abuses  were  common  in  the  Atlantic  Mackerel  Pishing  Industry; 
and  no    specific   information  is  available  as   to   the  effect  of   the  provi- 
sion in  that  case.      It  is  probable  that  no   comrjlaints  on  the   subject  were 
made  during  the  life  of   the  Code, 

PEOVISIOUS  '5ELATI1\[&  TO  THE   COMPETITION  OP   It/gORTS 

Previous  reference   has  also   been  made   in  Chapter   II   to   the   interest 
of  the  primary  producing  industry  in  provisions   to  restrict  the  competi- 
tion of  imported  fishery  products  from  Canada  or  Japan,   under  the   author- 
ity of  Section  3  (e)   of  Title   I  of  the  Recovery  Act. 

Tlie  National  Fishery  Code    (Article   VIII,    Title   D,    Section  5)   made   it 
a  duty  of  the  divisional  Executive   Committees  to   "inform  the  Administra- 
tor of  facts  concerning  the  importation  into   the  United  States  of  Prod-     '■ 
uct^  :.  conpetitive  with  products  of  the    Industry  in  substantial  quantities 
or   in  increasing  ratio    to   domestic  production, "   and  to    "urge  proper  ac- 
tion for  the  purpose  of  correcting  such  condition".      In  the  case  of  the 
Atlantic  liackerel  Pishery  the   competition  of  imports  has   not   been  of  great 
importance   in  recent  years,   and  no  provision  on   the    subject  was   inserted 
in  the   Code.      It  was   intended,    however,    to   include   such  clauses   in  the 
sup■^lementar;'•  codes  for  other  primary  producing  industries.      These  pro- 
posed pi-ovisions  differed  from  the  one  just  quoted  from  the  National  Code 


(*)     Presh  Oyster,   Article  VI,    Title  A,    Section  1,    (d);    Wholesale  Lobster, 
Article   VI,    Section  1,    (d);    Ca3.ifornia  Sardine,    Article  VI,    Title  A, 
Section  1,    (n);    Blue   Crab,   Article  VI,    Section  1,    (i);    New  Englejid 
Preparing  and  Wholesaling,   Article  VI,    Section  1,    (t);   New  England 
Sardine   Canning,   Article   VI,    Section  1,    (p);    Middle  Atlantic  Pre- 
paring and  Wholesaling,    Article   VI,    Title  A,    Section  1,    (l);    North- 
Uest  and  Alaska  Preparin-^  and  Wholesaling,    Article  VI,    Title  A, 
Section  1,    (f);  Pishery  Industry,    Article  VI,    Section  1,    (n), 

9581 


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onl7  in  tlir.t   they  specifically  authorized  the  Executive   Committees   con- 
cerned to   invoke-'Section  3   (e).- 

COMPLAIiTTS  iilD  EROCEEDIMGS  WITH  EESFBCT  TO    IMPORT   COMPETITION  -* 

The  AiTx'ic-altural  Adjustment  Adi-QinistrG,tion,    when   it  had  chs.rge   cf  the 
fishery  codes,   and  subsequently  the   W.E.A.,  and  the   Tariff   Com:.iission, 
recei-ved  a  considerahle   nijmher'  of   complaints  ij^ith  respect   to    the   compe- 
tition of   imported  fishery  products.      The   complainants  irere   advised  that 
if   theyrrere   operating  under  approved  codes   or   the   President's  Heen-^loy- 
ment  Agreement   they  might  make    formal   representations  under  Section  3: 
(e).      The   only  such  complaint   that  was  followed  through,    however,    was  a 
minor  one,    filed  on  Jiily  24,    1934,    "by  three  producers   of  pearl   essence  - 
a  liquid  made  from  fish  scales  and  used  principally  in  the  manufacture   of 
imits.tion  pearls   and  of  lacquers.        It  was  decided  to   take  no   action. 

Two   other  petitions,    relating  respectively   to    imports  of   canned 
and  of  frozen  tuna,    were   docketed  for  relief  under   Section  3   (e).      Both 
these,    however,   were  withdrawn  -   the  former   on  August   17,    1934,    as  a  re- 
sult  of  tha    increase   of   the   duty  from  30   to   45  per  cent  ad  valorem,,  af- 
ter an   investigation  "by   the   Tariff   Commission  under  the  provisions   of 
Section  336  of   the   Tariff  Act   of  1930,    and   the   latter  "because   the   Jap- 
anese ejnorters  had  expressed  a  v/illingness   to  limit,  their  shipments   to 
the  United  States,    in  view  of  the  poor  tuna  catcli  in  Japan  in  1934  (*). 

OQWaEaVATIOM  PROYISIOI'TS   IN  THE  FISHERY  CODES 

Reference  has  already  heen  made    in  Chapter    II   to   difficulties   cau.sed 
"by  the   inclusion   in  fishery  codes  of  provisions   designed  to  assist   in 
the   conservation  o-f   the  natural  supply  of   the   Industry'' s  products.      The 
conservation  provision  of  the   ^.^olesale   Lohster   Code  merely  incorpora.ted 
the    suhstajice   of  laws  already  in  existence   in   some   or   all   of   the  princi- 
pal producing  states.      The   Executive   Co^amittee   of   the    Industry  was  not 
in  a  position  to   render   su"bstantial  assistance    in  enforcing  these   measures; 
"but   they  led  to   no   serious   controversies. 

The  fact   that  the  prohihition  of   the   taking  of  sponge   cra"bs   (**), 
which  was   inserted  in  the  Blue   Cra"b  Code,   played  a  considerable  part   in 
wrecking  the  administration  of   the  latter  has  already  heen  mentioned  in 
Chapter   II.      The   life   cycle   and  ha"bits   of    the   species   are   such   tha.t   the 
sponge    cra^hs   are   taken   commercially  only  from  the   waters  of  the   State   of 
"Virginia,      The   writing  of    the  prohibitory  clause    into    the   Code,    there- 
fore,   had   tlie   aiopearance   of  discriminating  against   the    interests  of   tlia.t 
State   snd  in  favor  of  Maryland.  ■,   The  provision  was   desira"ble    in  princi- 
ple;   hut   its   inclusion,   under  all   the    circumstances,    must   "be   regarded  as 
dou"btful   judgment, 

(*)      The   statements   in  this   section  are   taken  from  a  memorandum  of  llov— 
em"ber  20,    1935,    on  imports  of  fish. and  fishery  products,    from  the 
Eoreign  Trade   Studies   Section,    and  its  enclosures.      The   memorand-om 
is   in  the   file   of   the  Fisheries  Unit    Industry  Study,   Foreign  Trade 
Polder, 

(**)   Female    cra'bs   in  the  egg- "bearing  stage,  ■ 

9581 


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PROVISIorS  DESIGNED  TO  ESTABLISH  aHAIiES  OH  STAITOARDS 

The  first  of  the  Deputy  Administrators  ifho  had  charge  of  the  fish- 
ery codes,  as  a  member  of  the  staff  of  the  Bureau  of  Fisheries,  was 
strongl3r  interested  not  only  in  the  conservation  of  the  products  of  the 
Industry,  hu-t  also  in  the-  estahlishment  of  grades  and  standards  of  quality. 
In  this  he  v/as  vigorously  supported  "by  the  Cons-jiners'  Advisory  organiza^ 
tions,  at  first  of  the  A, A. A.  and  subsequently  of  the  N.R.A. 

The  pre-oaring  and  whole salini^;  trades  and  the  proponents  of  the  ¥.d^ 
tional  Code,  who  were  largely  wholesalers,  assented  to  provisions  ob- 
ligp-ting  their  administrative  bodies  to  establish  grades  or  standards 
only  \7ith  reluctance.   They  were  nearly  or  quite  unanimous  in  holding 
the  grading  of  fresh  fishery  products,  beyond  certain  distinctions  of 
size  a,nd  the  determination  of  a  lot  as  fit  or  unfit  for  human  consump- 
tion, to  be  impracticable, '  because  of  the  time  and  labor  involved  and 
the  difficulty  of  applying  objective  standards  in  distinguishing  the 
grades.   The  question  was  discussed'at  length  (*)  at ' the  hearing  on  the 
Natione.1  Fishery  code,  however;  and  the  proponents,  somewhat  under  pro»- 
test,  finally  assented  to  Article  YIII,  Title  B,  Section  1,  paragraph 
(f),  V7hich  obligated  the  National  Code  Authority  and  the  divisional  Ex- 
ecutive Committees  to  investigate  the  feasibilitjr  and  wisdom  of  establishj- 
ing  a  grading  system. 

The  Eresh  Oyster  Industry  voluntarily  included  in  its  Code  a  schedule 
of  size  s;oecifications.   The  Chairman  of  the"  Exec-Jtive  Committee  later 
stated  unofficially,  however,  that  considerable  doubt  head  arisen  as  to 
the'  fea.sibility  of  appl3'"ing  the  schedule  in.  -practice. 

The  proponents  of  the  Blue  Crab  Code  voluntarily  included  a  schedule 
of  grades  and  standards  for  all  products  of  the  Industr;^.   To  what  extent 
this  provision  would  have  improved  the  situation  if  the  Code  had  been 
normall:'-  effective  over  any  considerable  period  it  is  impossible  to  sa;^. 
As  things  were,  the  schedule,  like  the  rest  of  the  'Sode,    cannot  realljr 
be  said  ever  to  have  been  in  effect. 

At  a  meeting  of  the  National  Code  Authority  early  in  June,  1934,  i-e- 
newed  doubts  of  the  feasibility  of  establishing  grades  for  fresh  fishery 
prodticts  were  expressed.   The  Code  Authority  indicated  its  intention  of 
proceeding  cautiousljr  to  discharge  the  duty  imposed  on  it;  but  if  any 
other  steps  were  taken  there  appears  to  be  no  record  of  them.   It  is  be- 
lieved that  the  conditions,  already  discussed,  which  rapidly  destroj-ed 
the  effectiveness  of  the  National  Code  Authority  as  an  administrative 
body  prevented  further  action. 

At  the  hearings  on  the  codes  for  the  general  preparing  and  whole- 
saling trades  the  representative  of  the  Cons-umers'  Advisory  Board  con- 
tinued to  raise  the  question  of  establishing  grades  or  standards:   and 
ultimately  provisions  on  the  subject  were  \7ritten  into  all  these  supple- 
mentary documents.   In  the  standard  form  finally  worked  out  this  clause 
obligated  the  industries  to  appoint  committees  to  collaborate  with  a:p- 
propriate  Federal  agencies  and  with  the  National  Code  Authority  toward 
establishing  standards  of  quality,  and  to  submit  their  findings  and  re- 
commendations to  the  Administrator  within  60  days  after  the  effective 

dates  of  the  codes, 

(*)   Transcri-ot  of  Public  Hearing  on  the  Fishery  Code,  passim, 

9581  ^  _    


-109- 

Becan.se  of  the  conditions  hampering  the  organization  of  these  E::- 
ecutive  Coixaitees  and  the  development  of  their  work,  however,  none  of 
thera  a-.Toears  to  have  heen  in  a  position  to  comply  v/ith  this  requirement," 

MINOR  nZRADE  PliACTICE  PROVISIONS 

The  fishery  codes  contained  some  trade  practice  provisions,  in 
addition  to  those  descrioed  ahove ,  which  represented  genuine  attempts  to 
deal  uith  "orohlems  of  the  Industry,  hut  nhich  v/ere  of  secondary  importa,nce 
and  cann.ot  "be  discussed  in  this  report.   Apart  from  these  there  were  a.lso 
a  rather  long  list  of  minor  provisions,  which  were  largely  copied  from 
earlier  codes,  hecause  of  a  va;jue  "belief  in  their  desirahility, 

The'qe  cla.uses  -oenalized  such  o"bviously  undesira'Dle ,  and  in  part  al~ 
readj-  illegal,  practices  as  mishranding,  commercial  hrioery,  the  intimida- 
tion of  cor.petitors,  the  use  of  false  measures,  the  rendering  of  dishon- 
est accomits  of  sales,  etc.   Sone  other  provisions  of  the  class  he.d  ''oeen 
.of  more  or  less  consequence  to  the  manufacturing  industries  w'hich  haxl  OD- 
tained  codes  at  an   earlier  stage,  "but  "^'ere  of  little  practical  importance 
to  the  IPishery  Industr;^.   This  was  true,  for  e::amole,  of  the  regulation 
of  -ujiearned  service  pajr;;ients  and  of  the  prohihition  of  com"bination  sales 
(Article  VI,  Section  1,  paragra;phs  (e)  and  (f)  of  the  National  Code), 

Fnile  it  is  inadvisa"ble  to  condemn  all  these  minor  trade  practice 
provisions  offhand,  it  is  fairly  certain  that  if  the  greater  part  of  them 
had  heen  omitted  the  f  isherjr  codes  would  have  "been  somewhat  more  worka'ble 
than  they  were. 


9581 


CHAPTER  nV 

THE  COITEOL  0?  THE  ATLAl'TIC  LIACKEEEL  CATCH 

Tlii^  chapter  has  136611  reserved  for  the  discussion,  in  soiae  detail, 
of  the  control  of  production  provision  of  the  Atlantic  Liackerel  Eishing 
Code,  of  its  industrial,  technical  and  statistical  'bachground,  and  of  its 
effects. 

THE  i.IACEEBEL  SEASON  AMD  THE  PORTS  OE  3:Al\]I)II'ia 

The  vessels  which  talce  atout  five-sixths  of  the  Atlantic  mackerel 
catch  are  ovmed  mostly  in  Gloucester,  Masse^chusetts.   This  fleet  starts 
its  mackerel  fishing  in  southern  waters  ahout  the  middle  of  April,   To 
tegin  \7ith  the  catch  is  landed  in  New  Jersey  or  at  l\fev7  York  City.   The 
schools  of  mackerel,  however,  move  north  as  the  season  advances;  and  dur- 
ing the  latter  part  of  liay  and  in  June  considerable  quantities  are  landed 
at  New  Bedford  and  other  ports  in  southern  New  England,   During  the  height 
of  the  season,  which  reaches  its  peak  in  Augu.st  or  Septerater,  the  catch 
is  landed  chiefly  in  Boston,   The  fleet  operates  into  December,  but  after 
October  the  quantities  landed  are  compa,ratively  small.   During  the  winter 
the  same  vessels  engage  in  the  southern  trawl  fishery  off  the  Virginia 
capes;  but  these  operations  were  not  governed  by  the  Mackerel  Code, 

THE  ERESH.  EBBEZING  MI)   SALTING  IVIARKETS  AND  THE  ILiPORT  TRADE 

The  mackerel  catch  of  April,  May  and  June,  and  the  bulk  of  that  of 
July  and  August  are  sold  for  fresh  consumption,   A  small  proportion  of 
the  midsummer  landings  are  put  into  cold  storage  for  the  winter,   A  large 
part  of  the  catch  of  late  August  and  September,  however,  when  the  fish 
are  most  plentiful,  is  sold  for  sa,lting.   Salt  mackerel,  though  a  much 
less  important  commodity  than  it  used  to  be,  is  still  a  staple  winter 
foodstuff  in  the  South. 

Up  to  a  dozen  years  ago  80  per  cent  or  more  of  the  country's  mack- 
erel consumption  consisted  of  salt  imiDorts  from  Europe,  After  the  pas- 
sage of  the  Eordney-McCumber  Tariff  Act  in  1922,  however,  the  imports 
both  of  salt  and  of  fresh  mackerel  became  so  small  as  to  cease  to  in- 
fluence the  market  to  any  considerable  extent. 

THE  VOLUIvIE  OE  THE  CATCH 

During  the  dozen  years  preceding  the  war  the  annual  Atlantic  mack- 
erel landings  at  all  ports  varied  from  4,000,000  to  17,000,000  pounds. 
In  1916  and  1917,  when  the  European  supply  of  salt  mackerel  was  largely 
cut  off.  The  domestic  catch  rose  to  20,000,000  o-r  25,000,000  pounds.  In 
1921  and  1922  it  had  again  sunk  7,000,000  or  8,000,000.   In  1925,  how- 
ever, it  j-umped  suddenl;?-  to  34,000,000  pounds,  in  comparison  with  18,- 
000,000  during  the  year  preceding.   Erom  1926  to  1932,  except  in  two 
sub-normal  j'-ears,  it  ran  in  the  neighborhood  of  45,000,000  pounds. 

This  recent  recovery  in  the  Atlantic  mackerel  catch  accompanied  an 
increase  in  the  landings  of  groundfish,  which  was  due  mainly  to  the 
development  of  the  New  England  packaged  fillet  trade,  and  to  the  re- 
sulting exroansion  in  shipments  of  fresh  fish  to  the  Middle  T7est, 

9581 


-Ill- 
Mackerel  itself  has  not  been  filleted,  save  to  a  linited  extent  in  verv 
recent  jeprs;    but  riJi  additional-  market  for  it  was  created  "by  the  enlerg- 
ed  demand  and  the  realtively  increased  prices  for  cod  and  haddock,      » 

Ihe  n-uriber  of  vessels  in  the  main  ma.ckerel  fleet  hp.d  been  aroinid 
100  Just  before  and  during  the  war,  but  fell  to  50  or  60  in  1921,  1922 
and  1923,   In  1925  the  nninbGr  iras  again  more  than  100.   In  1928  it  "ms 
about  175  and  in  1929  nearljr  250,   I>aring  the  depression,  hov^ever,  the 
nujBber  fell  off  considerablv,  and  in  1934  and  1935  was  again  not  much 
over  100. 

IKS  Pill  CD  OF  MACKBaEL  TO  THE  FISIIEa/iEII 

The  increase  in  the  mackerel  catch  from  1925  was  inevitably  a.c— 
companied  by  a  drop  in  the  price  to  the  fishermen.   The  decline  was  prob- 
ablj   accentua,ted,  moreover,  by  the  relatively  large  number  of  vessels  in 
the  fleet.   The  catch  of  1932  was  the  largest  since  1885,  and  brought 
the  lowest  average  price  on  record  (*)  -  1,65  cents  vev   pound,  as  com- 
pared with  3.72  cents  for  landings  onljr  tv/o  per  cent  smaller  in  1929. 
This  price  represented  a  decline  over  the  three  years  of  about  55  per 
cent, 

THE  COSTS  OF  THE  I/IACKEBEL  FLEET  ' 

In  the  face  of  this  decline  in  the  "orice  of  its  product  the  oper- 
ating e^qi^ense  of  the  mackerel  fleet  fell  off  from  1929  to  1932  by  only 
about  22  per  cent,  ¥/hile  its  overhead  exoense  remained  -oractically  un- 
changed. .      •  '       , 

In  the  summer,  of  1934  cost  data,  were  obtained  for  a  group  of  12 
typical  mackerel  vessels  (**).,  which  sold  their  1932  ca.tch  for  a  gross 
total  of  $89,935.   The  operatintT  e:tpense-  of  these  vessels  wa„s  $37,700, 
or  42  per  cent  of  the  gross.  '  Of  the  remaining  net  stock  of  $52,235  the 
vessel  o'Tners  received  in  some  cases  one-half  and  in  others  one-third, 
depending  on  the  lay  in  the  use.   Altogether  the  owners  took  $26,501, 

Against  this  gross  profit  there  had  to  be  charged,  before  depre- 
ciation, overhead  costs  amo'binting  to  $40,491,  More  than  half  ^his  item 
represented  repairs  and  maintenance  and  more  than  half  the  remainder 
marine  and  liability  insurance.   Actually,  of  course,  there  was  a  heavy 
deficit.   Insurance  was  in  mai).?/   cases  reduced  or  allowed  to  lapse,  and 
the  bonuses  to  which  the  captains  of  these  vessels  are  entitled,  in  ad- 
dition to  their  shares  in  the  lay,  were  not  paid, 

(*)   Hecords  from  which  the  prices  received  by  mackerel  fishermen  can 
be  determined  go  ba.ck  only  to  1901,  'Estimates  of  the  qiiantity  landed, 
however,  have  been  made  back  to  1804. 

(**)   These  data  were  assembled  ^oy   the  Secretar;-  of  the  Executive  Com- 
mittee of  the  Atlantic  Mackerel  Industry,  at  the  instance  of  the  Admin- 
istration Member.   They  are  in  the  file  of  the  Fishery  Unit:  Atlantic 
Mackerel  Fishing  Code,  Statistics  Folder.   The  analysis  indicated  in 
the  text  wa.s  made  by  the  writer. 


9581 


-112- 

To  this  total  of  out-of-pocket  o^7ner' s  e:rpeuse  a  fvi-11  allowance  for 
depreciation,  calculated  ty  a  uniform  formula  on  the  "basis  of  the  "best 
practice  of  the  We;?  England  fisheries,  would  have  added  $31,530,   In 
1932,  hov/ever,  not  one  of  these  vessels  earned  any  depreciation. 

EAaivTIHGS  OF  MCK5REL  FISHEBI/ISN  IK  1932 

Ihese  12  mackerel  vessels  were  manned,  in  1932  by   a  total  of  132 
persons,  who  received  an  average  of  $192  apiece  for  practically  continuous 
service  during  the  season  of  ahout  30  vreeks.  These  men  earned  perhnps 
as  much  more  while  their  vessels  were  engaged  in  the  southern  trawl  fish- 
ery during  the  winter;  hut  the  average  compensation  of  approximately 
$6,40  per  week  for  the  mackerel  fishing  season  was  of  course  far  "below 
any  reasonable  ste^ndard,  even  after  allowing  for  the  fact  that  the  men 
received  their  ovm  food  during  the  30  week  period. 

THE  GEliESIS  OF  THE  PROPUCTIOE  COJIIROL  PEOVISIOHS 

With  this  hackground  it  is  not  hard  to  see  why,  when  the  National 
Hecovery  Act  came  up  for  discussion  in  the  spring  of  1933,  a  movement 
should  have  "been  started  "by  the  owners  of  these  vessels  to  o"btain  a  code, 
with  provisions  which  they  believed  wouJ.d  resu.lt  in  raising  the  price 
of  their  product.   Such  a  code  was  su"braitted,  and  a  hearing  -  the  first 
on  Bjij   fishery  code  -  held  early  in  August,  Ovdng  to  the  general  condi- 
tions which  delayed  action  on  these  codes,  hov/ever,  nothing  was  settled 
till  the  following  spring. 

In  the  meantime,  during  the  1933  season,  the  industrj/-  e>:perimented 
with  several  successive  voluntary  agreements  for  the  control  of  the  catch. 
None  of  these  was  effective  for  onj   considera"ble  time.   Collectivelj'-, 
however,  they  were  the  controlling  factor  in  reducing  the  catch  of  the 
main  mackerel  fleet  from  36,000,000  pounds  in  1932  to  21,000,000  for  . 
the  follo\7ing  season;  and  this  reduction  \7as  of  course  associated  with 
a  .corresponding  increase  in  the  unit  price. 

As  the  opening  of  the  1934  season  approached,  however,  the  issue  was 
raised -again »  and  on  May  3  a  supplementary  Code  containing  a  provision 
for  the  regulation  of  the  catch  was  approved. 

THE  PURPOSES  AND  MTHQDS  OF  THE  CONTROL 

The  purpose  of  this  regulation  was  stated  in  the  Code  (Article  "^rill. 
Title  C,  Section..!,  paragra,ph  (c)  )  to  "be  : 

"To  conserve  natural  resources  "by  the  elimination  of  conditions 
leading  to  gluts  in  the  mackerel  market  and  consequent  wastage  through 
dumping  of  mackerel  at  sea,  and  "by  the  development  of  the  maximum 
usable  yield  compatible  with  future  productivity  through  prevention 
of  the  take  of  small  mackerel  during  those  portions  of  the  season 
when  larger  sizes  are  available  to  supply  the  demand  for  mackerel, 
and  to  rehabilitate  the  mackerel  fishery  by. maintaining  a  reason- 
able balance  betvreen  the  production  of  mackerel  and  the  consumption 
of  mackerel,  and  by  assuring  minimum  prices  for  mackerel  not  below 
the  cost  of  production." 

9581 


-113-     ..  ■; 

Hiere  are  understood  to  have  "been  cases  of  the  diunping  of  mackerel 
in  the  face  of  the  large  supply  and  the  low  prices  of  the^l932  and  19,33 
seasons,  hut  there  is  no  precise  information  as  to  .the  qiaantities  thus  * 
wasted.   It  is  probably  fair  to  say  that  the  putting  of  conservation  as 
a  primary  justification  for  the  writing  of  these  control  provisions  into 
the  Maclcerel  Code  was  a  prete;:t,  though  a  legitimate  one  as  far  as  it 
went. 

The   Code  further  provided  (Article  VIII,  Title  C,  Section  1,  para- 
graphs (c),  (d)   and  (e)  that  the  Executive  Committee  of  the  Industry 
should  fromtime  to  time  estiraate  the  consumer  demand  for  mackerel,  talc- 
ing all  important  factors  into  consideration,  snd  then  determine,  sub- 
ject to  the  approval  of  the  Administrator,  whether  the  catch  shoutd  be 
limited,   Ihis  might  be  done  either  by  allocating  trip  poijndage  auotas 
to  the  mackerel  vessels,  or  be  requiring  portions  of  the  fleet  to  stay 
in  port  at  given  timeso 

These  provisions  applied  only  to  the  catch  of  the  purse'  seine  ves- 
sels, which  account  for  about  four-fifths  of  the  units  of  vessel  size, 

THE  COIJTROL  AUD  THE  Q1J0TA.S.  IN  1934 

The  Executive  Committee,  about  June  1,  1934,  submitted  for  approval 
reguJ-ations  applying  these  production  control  provisions.   These  measures, 
which  were  approved  on  June  9,  restricted  the  catch  to  700,000  pounds  a 
week.   Dujring  the  two  weeks  , ending  on  June  23  the  actual  landings  averaged 
only  512,000  pounds;  but  this  shortage  is  believed  to  have  been  an  axciden- 
tal  result  of  biological  and  weather  conditions. 

From  the  vreek  ending  June  30  the  quota  was  raised  to  1,100,000 
pounds  a  week  -  though,  owing  to  a  misunderstanding  with  respect  to  pro-' 
cedure,  the  revision  T;as  not  approved  b3'  the  Administration  thtil  Jioly" 
14.  On  AT3g:ust  6  the  quota  was  doubled  to  2,200,000  pounds  (*)  . 
There  would  in  any  case  have  had  to  be  a  substa.ntial  increase  at  this 
time,  as  a  result  of  the  seasonal  movement.  Apart  from  that,,  however, 
information  had  been,  received  that  the  ustial  supply  of  salt  mackerel  for 
importation  from  Europe  during  the  winter  of  1934-1935  was  not  likely 
to  be  available.   The  very  sharp  jump  in  the  quota  on  August  6,  therefore, 
was  made  to  talce  care  of  the  estimated  additional  needs  of  the  domestic 
salting  trade. 

THE  APPLICATIOlNf  EOR  AM  EIJBaGEI-JCY  PRICE  MD   THE  COKTaOL 

The  Atlantic  Mackerel  Code  contained,  in  addition  to  the  provisions, 
for  the  regulation  of  the  catch,  a  clause  (Article  VIII,  Title  C,  Section 
1,  paragraph  (h)  ),  which  permitte(^- the  setting,  subject  to  the  a.pproval 

(*)   The  original  control  W3.s  covered  by  Regulations  1  and '2  of  the  Execxi- 
tive  Committee,  under  date  of  Hay  25,  1934,  and  was  approved  by  the  Admin- 
istrator in  Administrative  Order  308-IS-4  on  June  9.   The  revision  of  the 
quota  to  1,100,000  pounds  per  week  was  ai^proved  in  Administrative  Order 
308-L-5  on  July  14.   The  revision  to  2,200,000  pounds  per  week  wa.s  approved 
in  A?jiiinistrative  Order  303-I>-7  on  August  6,   The  control  \7as  finally  re- 
scinded bj-  Administrative  Order  308-I!-9  on  October  22.  Regulations  6,  7 
and  8  of  the  Executive  Committee  proposed  alterations  in  the  machinery  of 
the  control.   These  Regulations  are  in  the  files  of  the  De-outy  Adminis- 
trator:  Atlantic  Mackerel  Fishing  Code,  Trade  Practices  Folder. 
95R1 


-114- 

of  the  Administrator,  of  a  lowest  reasona"ble  cost  as  a  "basis  of  sales  in 
an  einergencj'-.   The  E3;ecu.tive  Comraittee,  interpreting  the  term  emergency 
as  apioljring  to  the  conditions  Y/hich  had  existed  in  the  fishery  continuous- 
ly since  the  season  of  1932,  submitted  for  approval,  on  August  2,  1934, 
a  regulation  setting  a  lowest  reasonahle  cost  of  three  cents  per  pound  on 
mackerel  for  the  fresh  market,  with  tolerances  for  sales  to  the  freezing 
and  salting  trades.   Tliis  scale  would  have  resulted  in  an  average  price 
of  about  1.75  cents  per  pound.   Ihe  average  actually  realized  hy  the 
fishermen  during  the  seven  weeks  ending  Septemher  29,  1934,  was  1.31  cents. 
If  the  proposed  minimum  price  had  been  approved  and  enforced,  consequent- 
ly, the  producers  would  have  realized  a  more  than  negligible  advantage, 
though  not  an  enornous  one. 

The  Industry's  interpretation  of  the  term  "emergency"  in  making  this 
aDplication  for  the  setting  of  a  minimum  price,  was  of,  course  entirely 
different  from  that  which  had  for  some  time  been  adopted  by  the  Research 
and  Planning  Division,  and  which,  in  August,  1934,  was  on  the  point  of 
acceptance  as  the  official  policy  of  the  Administration.   As  a  result 
the  application  was  disapproved  on  September  6, 

The  Committee,  including  the  Administration  Member,  has  steadily 
contended  that  the  disappointment  and  resentment^  of  the  fishermen  which 
resulted  from  the  denial  of  this  application,  affected  compliance  with 
the  production  quotas  so  adversely  that  the  control  practically  broke 
down.   The  real  probability  is  that  all  the  controversies  on  this  subject 
after  the  early  part  of  August  were  a  waste  of,  breath.  After  the  quota 
had  been  raised, to  2,200,000  pounds  per  week  it  was  not  more  than  10  or 
12  per  cent,  at  most,  below  the  current  supply.   There  was  one  week,  short- 
ly after  the  .denial  of  the  supplication  for  the  setting  of  a  lowest  rea- 
sonable cost,  when  the  landings  greatly  exceeded  the  quota.   It  appears 
to  be  true,  moreover,  that  from  that  time  the  Executive  Committee  made 
little  effort  to  obtain  compliance  with  the  control.  But  after  the  first 
of  September  actual  landings  exceeded  the  q^uota  only  slightly  if  at  all; 
and  it  probatily  made  little  or  no  difference  whether  the  control  contin- 
ued nominalljr  in  effect  or  not, 

THE  BESULTS  Pg  THB  CONTHOL 

Table  XXX  summarizes  the  quotas  which  were  in  effect  during  the  1934 
season,  the  relation  of  the  actual  landings  to  them,  and  the  average 
prices  realized. 

It  is  apparent  that  from  the  latter  part  of  June  the  landings  of 
ma.ckerel  kept  very  close  to  the  qiiotas.   Some  excess  trips  are  knoiim  to 
have  been  landed  at  southern  l^ew  England  ports,  f/here  the  Executive  Con>- 
mittee  did  not  have  representatives  to  enforee  the  Code;  but  these  cannot 
have  aiiiouated  to  much. 


9581 


-115- 
TiBLE  XXX 


EPS^CT  OF  TI-EE  CONTROL  OP   THE  CATCH  OE  THE 
ATIAKTIC  PUUSE   SEIKE  MAGKEZEL  ELEET,   1934 


2  weeks  7  weeks  7  weeks 

ending  ending  ending 

Jtuie   23,  Aug,   11  Sep,   29, 

1934  1934  1934 


Total   Quantity  landed  (pounds)  1,023,600  7,876,400  15,140,900 

Total  value   lajided      .      '  $40,206  ^  $179,493  $197,982 

Average  price  per  per  pound 

to   fishermen  (cents)  3^93  2»28  .-          1..31 

Average    quantity  landed  per  wk.  511,800  1,125,200  2,162,900 


/ 

/ 


'pounds) 
Weekly  production  quota  (pounds)    700,000  1,100,000      2,200,000 


Source:   Data  supplied  Tdv  0.  E.  Bette,  Bureau  of  Fisheries,  CaLatridge, 
.Massachusetts. 

It  may  Tse  concluded  that  for  ahout  two  months  the  regulation  of  the 
mackerel  catch  under  the  Code  wa,s  approximately  effective.   It  had  no 
effect  during  the  latter  part  of  the  season?  hut  this  was  due  to  circum~ 
stances  heyond  anyone's  control.   The  question  therefore  remains  whether, 
during  the  two  months  of  the  existence  of  a  real  limitation  on  the  catch, 
the  effect  was  such  as  to  Justify  the  expectations  of  the  Industry  in 
asking  for  the  approval  of  the  control  provision, 

THE  COIITROL  MD   OTEIER  PHICE-GOVESHIMG  FACTOES 

It  has  already  "been pointed  out  that  the  price  paid  for  a  given  q^^an- 
tity  of  mackerel  appears  to  he  governed- rather  rigidly  hy  the  price  of 
meat  ^long  ¥ath  some  other  factors  of  secondary  importance.   If  this  is 
the  case,  the  expectation  would  "be  that  at  a- given  low  price  of  meat  a 
restriction  of  the  catch  could  not  hy  itself  raise  the  price  of  mackerel 
to  the  level  where  it  had  heen  at  a  high  meat  price. 

The  impracticahility  of  so  doing,  moreover,  is  enhanced  "by  two  other 
considerations.   In  the  first  place  a  detailed  sjialysis  of  the  price  of 
mackerel  over  a  period  of  more  than  20  years  has  sho\ifn  that  while  sma„ll 
scale  lajidings  hring  higher  imit  prices  than  landings  on  a  large  scale, 
the  price  does  not  increase  in  proportion  to  the  cut  in  production.   That 
is,  if  the  q-uantity  of  mackerel  marketed  in  a  given  month  is  cut  in  half 
the  price  is  not  thereby  dou"bled,  while  an  increase  of  50  per  cent  in 
tfi§  landings  is  accompanied  "by  a  decrease  in  the  price  of  less  thsji  one- 
third, 
9581 


-116- 

¥ith  this  relationsliip  is  a,ssocia,tecl  a  second,  fact  -  that  when 
mackerel  landings  are  large  the  ratio  of  tiie  nrnn'oer  of  vessels  fishing 
to  the  quojitity  landed,  and  also  the  intensity  of  the  competition  to 
dispose  of  the  catch,  tend  to  be  low;  while  with  relatively  small  land- 
ings this  ratio  is  norraaJ.ly  high  and  the  competition  is  more  intense. 
Unless,  therefore,  a  restriction  of  the  catch  vrere  associated  with  a  lim- 
itation on  the  mimljer  of  vessels  engaging  in  the  fishery,  it  could  ;oro"b- 
ably  not  he  ex;oected  to  raise  the  price  proportionately  to  the  reduction 
in  the  quantity. 

STATISTICAL  EVIKEWCE  OF  PBICE  BELATIOKSHIPS 

Complete  sta,tistical  proof  of  these  statements  would  take  too  much 
'space  ajid  v/ould  he  too  technical  for  inclusion  in  this  report.   Table 
XXXI,  however,  shows  what  has  happened  during  the  past  22  years  to  the 
gross  va.lue  ,of  mackerel  landings  at  Boston  and  Gloucester,  at  descending 
levels  of  the  price  of  meat. 

In  this  table  the  value  of  the  catch  does  not  fall  with  perfect 
regularitj"  as  the  index  of  meat  prices  goes  down;  but  reasons  are  laiown 
for  8.11  the  important  exceptions.   The  value  of  the  cs,tch  for  1921  ajid. 
1922,  and  in  a  less  degree  for  1919,  1920  and  1923,  vras  pulled  down  by 
the  abnormally  small  landings  in  all  but  a  few  months.   The  dispropor- 
tionately high  value  of  the  1931  catch  was  associated  with  a  sharp  de- 
cline in  the  landings  of  other  species  of  fish  at  Boston  and  Gloucester. 
The  high  value  for  1916,  and  in  a  less  degree  for  1915  and  1917,  was 
associated  v/ith  the  heavy  reduction  in  imports  of  salt  -mackerel  during 
the  War, 

Tllien  allowance  has  been' made  for  these  secondary  factors,  Table 
XXXI  makes  it  fairly  clear  that  a  cut  in  the  quantity  of  mackerel  land- 
ed, though  normally  acompanied  by  an  increase  in  the  unit  price,  has 
never  raised  the  gross  value  of  the  calch,  at  a  given  level  of  the  price 
of  meat,  to  a  figure  comparable  with  the  values  realized  at  much  higher 
levels, 

COIICLUSIOIm  UITH  ISGARD  to  the  PRODUCTION  COirTROL 

In  the  light  of  these  considerations  it  is  hard  to  avoid  the  con- 
clusion that  the  attempt  of  the  mackerel  fishery  to  solve  its  problems 
of  unremuner active  prices  and  subnormal  earnings  by  limiting  its  produc- 
tion was  an  impracticable  one.   The  attem.pt  however,  was  made  in  good 
faith,  under  strong  provocation,  and  it  did  not,  in  practice,  cause  ser- 
ious injury  to  consumers.   The  whole  matter  was  less  important  than  it 
was  held  to  be  in  some  quarters,  and  hardly  justified  the  publicity  it 
received  or  the  controversies  that  centered  about  it. 


9531 


-117- 


TABLS  XXXI 


Q,UAi:TITY,   VALUE  MD  AVEa^i&E  PRICE  OP  IvACKEHEL  LAl'IDEB 
AT  BOSTON  AMD  GLOUCESTER,    1913-1934,    IN  RELATION  TO 
WHOLESALE  ivIEAT  PRICES 


B.   L.   S, 

» 

Index  Ninnbers 

Year  a/ 

of  Wholesale 

Heat  Prices 

■Qj^antity 

Value 

Ave 

;rage  Price 

(1926=100) 

(Poimds) 

(Dollars) 

(Ceni 

;s  per  Pound) 

1919 

117.6 

5,501,393 

$  514,516 

9.35 

1918 

115.2 

9,435,139 

l.:108,922 

11.75 

1929 

109.1 

35s 744. 004 

1 5,329, 491 

3.72 

1920 

108.0 

7,166,397 

748,682 

10.45 

1928 

107,0 

23,517,261 

1,321,005 

5.62 

1926 

100,0 

34,279,563 

1,347,373 

3.93 

1930 

98.4 

32,784,777 

1,129,564 

3.45 

1925 

93.3 

25,413,103 

1,164,167 

4.53 

1917 

92.9 

16,334,633 

1,410,546 

8.38 

1927 

92.7 

30,898,475 

1,280,155 

4.13 

1921 

77.4 

2,884,780 

283,489 

9.83 

1922 

76.6 

3,681,500 

245,266 

6.66 

1925 

76o2 

10,576,729 

453,466 

4.29 

1924 

75.7 

9,259,494 

519,403 

5.61 

1931 

75.4 

27,208,754 

1,165,440 

4.28 

1916 

66e4 

15,144,347 

1,010,410 

6,67 

1934 

62.9 

29,301,196 

539,241 

lo84 

1914 

62.3 

6,688„850 

354,725 

5.30 

1913 

59.8 

5, 575^922 

347,068 

6.11 

1932 

58.2 

36,328,707 

599,253 

1,65 

1915 

57.6 

10j918.402 

614,079 

5,62 

1933 

50.0 

21,394,461 

485,216 

2.27 

Soiorce: 

Biireau  of 

Lator 

Statistics,    vlholesa 

,le  Prices,   ann-ual 

reports. 

Biu-eau  of 

Fisheries,  Annaa.l   reoort 

of   the   Coram: 

ssioner  of  Pish- 

eries and 

Pishery  Industries   of   tlie 

United  Stat 

es. 

a/        Hie  years  are   arranged  in  the   descending   order   of   the  price 
index  num'bers. 


9581# 


OFFICE  OF  THE  MA.TIOML  HECOVERY  ADMIHISTRATION 
THE  DIVISION  OP  REVIEW 

THE  vfORK  OF  THE-  DIVISIOH  OP  REVIEW 

Executive  Order  No,  7075,  dated  Jirne  15,  1935,  rstatlished  the ^Division 
of  RevietT  of  the  National  Recovery  Administration,   The  pertinent  part  of  the 
Executive  Order  reads  thusi 

The  Division  of  Review  shall  assemble,  analj'-ze,  and  report  upon 
the  sta,tistical  information  and  records  of  experience  of  the 
operations  of  the  various  trades  and  industries  heretofore  suTd- 
ject  to  codes  of  fair  competition,  shall  study  the  effacts  of 
such  codes  upon  trade,  industrial  and  la^hor  conditions  in  gener- 
al, and  other  related  matters,  shall  make  availahle  'for  the  prt>- 
tection  and  promotion  of  the  puhlic  interest  an  adequate  review 
of  the  effects  of  the  administration  of  Title  I  of  the  National 
Industrial  Recovery  Act,  and  the  principles  and. policies  put  in- 
to effect  thereunder,  and  shall  otherwise  aid  the  President  in 
carrying  out  his  functions  under  the  said  Title, 

The  study  sections  set  up  in  the  Division  of  Review  covered  these  areasl 
industry  stiidies,  foreign  trade  studies,  lahor  studies,  trade  practice  studles»- 
statistical  studies,  legal  studies,  administration  studies,  miscellaneous 
studies,  and  the  irriting  of  code  histories.  The  materials  which  were  produced 
hy  these  sections  are  indicated  "below. 

Except  for  the  Code  Histories,  all  items  mentioned  helow  arc  schicojJ.cL   to  te   i 
ninoosra.phed  form  "by  April  1,  1936. 

THE  CODE  HISTORIES 

The  Code  Histories  are  documented  accounts  of  the  formation  and  adminis- 
tration of  the  codes.   They  ccntain  the  definition  of  the  industry  and  the 
principal  products  thereof;  the  classes  of  memhers  in  the  industry;  the  history 
of  code  formation  including  an  account  of  the  sponsoring  organizations,  the 
conferences,  negotiations  and  hea.rings  which  were  held,  and  the  activities  in   ^    • 
connection  with  obtaining  approval  of  the  code;  the  history  of  the  administra^  '   _ 
tion  of  the  code,  covering  the  organization  and  operation  of  the  code  authority, 
the  difficulties  encountered  in  administration,  the  extent  of  conrpliance  or 
non-compliance,  and  the  general  success  or  lack  of  success  of  the  code;  and  an 
analysis  of  the  operation  of  code  provisions  dealing  with  wages,  hours,  trade 
practices,  and.  other  provisions.   These  and  other  matters  are  canvassed  not 
only  in  terms  of  the  materials  to  he  found  in  the  files,  hut  also  in  terms  of 
the  experiences  of  the  deputies  and  others  concerned  with  code  formation  and 
administration. 

The  Code  Histories,  (including  histories  of  certain  NRA  units  or  agencies) 
are  not  mimeographed.  They  are  to  he  turned  over  to  the  Department  of  Commeroe  — 
in  type\'iTitten  form.  All  told,  approximately  eight  hundred  and  fifty  (850) 
histories  will  he  completed.  This  mzmher  includes  all  of  the  approved  codes 
and  some  pf  the  unapproved  codes,   (in  Work  Materials  No.  18.  Contents  of  Cods 
Histories,  will  he  fo-und  the  outline  which  governed  the  preparation  of  Code 
Histories.) 


9631 


-  11  - 

(In  the  case  of  all  approved  codes  and  also  in  the  case  of  some  codes  not 
cart-ied  to  final  ap^^i-oValj  there  are  in  MA  files  further  materials  on  indus- 
tries. Particularly  worthy  of  mention  are  the  Volumes  I,  II  and  III  which 
constitute  the  material  officially  submitted  to  the  President  in  support  of  *the 
recommendation  for  approval  of  each  code.   These  volinnes  set  forth  the  origina- 
tion of  the  code,  the  sponsoring  group,  the  evidence  advanced  to  support  the 
proposal,  the  report  of  the  Division  of  Research  and  Planning  on  the  industry, 
the  recommendations  of  the  various  Advisory  Boards,  certain  types  of  official 
correspondence,  the  transcript  of  the  formal  hearing,  and  other  pertinent 
matter.   There  is  also  much  official  information  relating  to  amendments,  in- 
terpretations, exemptions,  and  other  rulings.   The  materials  mentioned  in  this 
paragraph  were  of  course  not  a  part  of  the  work  of  the  Division  of  Review.) 

TBE  wore:  MATERIALS  SERIES 

In  the  work  of  the  Division  of  Review  a  considerable  number  of  studies 
and  compilations  of  data  (other  than  those  noted  below  in  the  Evidence  Studies 
Series  and  the  Statistical  Materials  Series)  have  been  made.   These  ai'e  listed 
below,  grouped  according  to  the  character  of  the  material,   (in  Work  Materials 
No.  17,  Tentative  Outlines  and  Summaries  of  Studies  in  Process,  these  materials 
are  fully  described). 

Industry'  Studies 

Automobile  Industry,  An  Economic  Survey  of 

Bituminous  Coal  Industry  under  Free  Competition  and  Code  Regulation,  Economic 

Survey  of 
Construction  Industry  and  KRA  Construction  Codes,  the 
Electrical  Manufacturing  Industry,  The 
Fertilizer  Industry,  The 
Fishery  Industry  and  the  Fishery  Codes 
Fishervien  and  Pishing  Craft,  Earnings  of 
Foreign  Trade  under  the  National  Industrial  Recovery  Act 

Part  A  -  Competitive  Position  of  the  United  States  in  International  Trade 
1927-29  through  1934. 

Part  B  -  Section  3  (e)  of  IIIRA  and  its  administration. 

Part  C  -  Imports  and  Importing  under  NRA  Codes, 

Part  D  -  £>:ports  and  Exporting  under  MA  Codes. 
Forest  Products  Industries,  Foreign  Trade  Study  of  the 
Iron  and  Steel  Industry,  The 
Knitting  Industries,  The 
Leather  and  Shoe  Industries,  The 

Lumber  and  Timber  Products  Industry,  Economic  Problems  of  the 
Men's  Clothing  Industry,  The 
Millinery  Industry,  The 
Motion  Picture  Industry,  The 
Migration  of  Industry,  The!   The  Shift  of  T\7enty-Five  Needle  Trades  From  New 

York  State,  1926  to  1934 
National  Income,  A  study  of, 
Paper  Industry,  The 

Production,  Prices,  Employment  and  Payrolls  in  Industry,  Agriculture  and  Rail- 
way Transportation,  January  1923,  to  date 
Retail  Trades  Study,  The 
Rubber  Industry  Study,  The 
Statistical  Baclfground  of  NRA 

Textile  Industry  in  the  United  Kingdom,  France,  Germany,  Italy,  and  Japan 
Textile  Yarns  and  Fabrics 
Tobacco  Industrj'-,  The 
Wholesale  Trades  Study,  The 
Women's  Apparel  Industry,  Some  Aspects  of  the 


-  Ill  - 

Trade  Practice  Studies 

Coraraodities,  Information  Concerning:   A  Study  of  HEA  and  Related  Experiences 

in  Control 
Distriliution,  Manufacturers'  Control  of:   A  Study  of  Trade  Pra,ctice  Provisions 

in  Selected  KRA  Codes  .• 

Design  Piracy:   The  Protlem  and  Its  Treatment  Under  MA  Codes 
Electrical  Mfg.  Industry:   Price  Filing  Study 
Fertilizer  Industry:  Price  Filing  Study 

Geographical  Price  Relations  Under  Codes  of  Fair  Competition^  Control  of 
Minimum  Price  Regulation  Under  Codes  of  Fair  Competition 
Multiple  Ba,sing  Point  System  in  the  Lime  Industry:   Operation  of  the 
Price  Control  in  the  Coffee  Industry 
Price  Filing  Under  IIRA  Codes 

Production  Control  Under  iffA  Codes,  Sone  Aspects  of, 
Resale  Price  Maintenance  Legislation  in  the  United  Stc?.tes 

Retail  Price  Cutting,  Restriction  of,  v.dth  special  Emphasis  on  The  Drug  Industry, 
Trade  Practice  Rules  of  The  Federal  Trade  Commission  (1914-1936):   A  classificatioj 

for  comparison  with  Trade  Practice  Provisions  of  HRA  Codes. 

Lahor  Studies 

Employment,  Payrolls,  Hours,  and  Wages  in  115  Selected  Code  Industries 

193S-1935 
Hours  and  Wages  in  Americaja  Industry 
Lahor  Program  Under  the  National  Industrial  Recovery  Act,  The 

Part  A.   Introduction 

Part  B.   Control  of  Hours  and  Reemployment 

Part  C,   Control  of  Wages 

Part  D,   Control  of  Other  Conditions  of  Employment 

Part  E,   Section  7(a)  of  the  Recovery  Act 
PRA  Census  of  Employment,  June,  October,  1933 
Puerto  Rico  Needlework,  Horaeworkers  Survey 

Administrative  Studies 

Administrative  and  Legal  Aspects  of  Stays,  Exemptions  and  Exceptions,  Code 

Amendments,  Conditions!  Orders  of  Approval 
Administrative  Interpretations  of  W.A   Codes 
Administrative  La,w  and  Procedure  under  the  UIRA 
Agreements  Under  Sections  4(a)  and  7(1))  of  the  ITIRA 
Approved  Codes  in  Industr;;/  Groups,  Classification  of 
Basic  Code,  the  —  (Administrative  Order  X-6l) 
Code  Authorities  and  Their  Part  in  the  Administration  of  the  NIRA 

Part  A.  Introduction 

Part  Bb  Nature,  Composition  and  Organization  of  Code  Authorities 

Part  C.  Activities  of  the  Code  Authorities 

Part  D,  Code  Axithority  Finances 

Part  C,  Summary  and  Evaluation 
Code  Compliance  Activities  of  the  NRA 
Code  Making  Program  of  the  l^IRA  in  the  Territories,  The 
Code  Provisions  and  Related  Subjects,  Policy  Statements  Concerning 
Content  of  NIRA  Administrative  Legislation 

Part  A»  Executive  and  Administrative  Orders 

Part  B,  Labor  Provisions  in  the  Codes 

Part  C,  Trade  Practice  Provisions  in  the  Codes 

Part  D,  Adminis tractive  Provisions  in  the  Codes 

Part  E,  Agreements  under  Sections  4(a)  and  7(b) 

Part  F,  A  Type  Case:   The  Cottom  Textile  Code 
Labels  Under  NRA,  A  Study  of 
9631  -  -.  -• 


4 


-  IV  - 

Model  Code  and  Model  Provisions  for  Codes,  Development  of 

National  Recovery  Administration,  The:   A  Review  and  Evaluation  of  its 

Orcanii^ation  and  Activities  ,» 

NRA  Insignia 

President's  Reemplojonent  .Agreement,  The 

President's  Reemployment  Agreement,  Substitutions  in  Connection  with  the 
Prison  Lahor  Prohlera  under  KRA  and  the  Prison  Compact,  The 
Prohlems  of  Administration  in  the  Overlap"oing  of  Code  Definitions  of  Industries 

and  Trades,  Multiple  Code  Coverage,  Classifying  Individual  Merahers  of  Inr- 

dustries  and  Trades 
Relationship  of  MA  to  Government  Contracts  and  Contracts  Involving  the  Use  of 

Gbvernment  Funds 
Relationship  of  IIRA  with  other  Federal  Agencies 
Relationship  of  IIEIA  with  States  and  Municipalities 
Sheltered  Workshops  Under  KH.A 
Uncodified  Industries:   A  Study  of  Factors  Limiting  the  Code  Making  Program 

Legal  Studies 

Anti-Trust  Laws  and  Unfair  Competition 

Collective  Bargaining  Agreements,  the  Right  of  Individual  Employees  to  Enforce 
Provisions  of 

Commerce  Clause,  Possiole  Federal  Regulation  of  the  Employer-Employee  Relation- 
ship Under  the 

Delegation  of  Power,  Certain  Phases  of  the  Principle  of,  v/ith  Reference  to 
Federal  Industrial  Regulatory  Legislation 

Enforcement,  Extra-Judicial  Methods  of 

Federal  Regulation  through  the  Joint  Employment  of  the  Power  of  TaJKation  and 
the  Spending  Power 

Government  Contract  Provisions  as  a  Means  of  Estahlishing  Proper  Economic 
Standards,  Legal  Memorandum  on  Possioility  of 

Intrastate  Activities  Wliich  so  Affect  Interstate  Commerce  as  to  Bring  them 
Under  the  Commerce  Clause,  Cases  on 

Legislative  Possibilities  of  the  State  Constitutions 

Post  Office  and  Post  Roa.d  Power  —  Can  it  he  Used  as  a  Means  of  Federal  Indus- 
trial Regulation? 

State  Recovery  Legislation  in  Aid  of  Federal  Recovery  Legislation         .j-' 
History  and  Analysis 

Tariff  Rates  to  Secure  Proper  Standards  of  Wages  and  Hours,  the  Possibility  of 
Variation  in 

Trade  Practices  and  the  Anti-Trust  Laws 

Tready  Making  Power  of  the  United  States 

War  Power,  Can  it  "be  Used  as  a  Means  of  Federal  Regulation  of  Child  Labor? 

THE  EVIDEEGE  STUDIES  SERIES 

The  Evidence  Studies  were  originally  undertaken  to  gather  material  for 
pending  court  cases.   After  the  Schechter  decision  the  project  was  continued  in 
order  to  assemble  data  for  use  in  connection  ?7ith  the  studies  of  the  Division 
of  Review,   The  data  are  particularly  concerned  with  the  nature,  size  and 
operations  of  the  industry;  and  with  the  relation  of  the  industry  to  interstate 
commerce.   The  industries  covered  by  the  Evidence  Studies  account  for  more  than 
one-half  of  the  total  number  of  workers  under  codes.   The  list  of  these  studies 
follows: 


9631 


-V- 


Automotile  Mantifacturing  Industry 
Axitomotive  Parts  &  Equipment  Ind, 
Baking  Industrjr 

Boot  and  Shoe  Manufacturing  Ind» 
Bottled  Soft  Drink  Industry 
Builders'  Snjpplies  Industry 
Canning  Industry 
Chemical  Ifenufacturing  Industry 
Cigar  Ifentifacturing  Industry 
Coat  and  Suit  Industry 
Construction  Industry 
Cotton  Garment  Industry 
Dress  Manufacturing  Industrj'' 
Electrical  Contracting  Indxistry 
Electrica-1  Manufacturing  Industry 
Eahricated  Metel  Products  Mfg.  Ind, 

and  Metal  Einishing  and  Metal 

Coating  Industry 
Fishery  Industry 
Furniture  I<ianufacturing  Ind. 
General  Contractors  Industry 
Graphic  Arts  Industry 
Gray  Iron  Foundry  Industry 
Hosiery  Industry 

Infant's  and  Children's  Wear  Ind^ 
Iron  and  Steel  Industry 


Leather  Industry 

Lumber  and  Timher  Products  Ind. 

Mason  Contractors  Industry 

Men's  Clothing  Industry 

Motion  Picture  Industry 

Motor  Vehicle  Retailing  Trade 

Needlework  Industry  of  Puerto  Rico 

Painting  and  Paperhanging  Ind, 

Photo  Engraving  Industry 

Pl-iorahing  Contracting  Industry 

Retail  Lumher  Industry 

Retail  Trade  Industry 

Retail  Tire  and  Battery  Trade. Ind. 

Ha"bT3f?r  Manufacturing  Industry 

Ruhher  Tire  Manufacturing  Ind» 

Shipbuilding  Industry 

Silk  Textilo  Industry 

Structural  Clay  Products  Ind, 

Throwing  Industry 

Trucking  Industry 

Waste  Materials  Industry 

Wholesale  and  Retail  Food  Ind. 

Wholesale  Fresh  -Fruit  and  Vegetahle 

Ind, 
Wool  Textile  Industry 


THE  STATISTICAL  MJLTERIALS  SERIES 


This  series  is  supplementary  to  the  Evidence  Studies  Series.  The  reports 
include  data  on  estaldishments,  firms,  employment,  payrolls,  wages,  hours, 
production,  capacities,  shipments,  sales,  consumption,  stocks,  prices,  material 
costs,  failures,  exports  and  imports.   They  also  include  notes  on  the  prin- 
cipal qualifications  that  should  he  ohservcd  in  using  the  data,  the  technical 
methods  employed,  and  the  app] icahility  of  the  material  to  the  study  of  the  in- 
dustries concerned.   The  follo\7ing  numhers  appear  in  the  series!  ; 


Asphalt  Shingle  and  Roofing  Industry 

Business  Furniture 

Candy  Manufacturing  Industry 

Carpet  and  Rug  Industry 

Cement  Industry 

Gleaning  and  Dyeing  Trade 

Coffee  Industry 

Copper  and  Brass  Mill  Prod,  Ind, 

Cotton  Textile  Industry 

Electrical  Manufacturing  Ind, 


Fertilizer  Industry 

Funeral  Supply  Industry 

Glass  Containor  Industry 

Ice  Manufacturing  Industry 

Knitted  Outerwear  Industry 

Paint,  Varnish,  and  Lacquor  Mfg,  Ind,  . 

Plurahing  Fixtures  Industry 

Rayon  and  Synthetic  Yarn  Producing  Ind, 

Salt  Producing  Industry 


9631# 


I 


•« 


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