52 SALMON GEAR LIMITATION 



Collection of Economic Statistics 



This study considers a major change in fisheries poUcy — namely, 

 the introduction of economic efficiency and the earnings position of 

 the industry as important criteria for state legislative policy. If this 

 is accepted as desirable, it would also be essential that the state set 

 up machinery for regular collection of data required to assess the 

 economic health of the industry as well as the biological condition 

 of the resource. The additional work required to sample cost and 

 income data would not be excessive, and probably could be handled 

 effectively through the Department of Fisheries. The excellent co- 

 operation afforded the University team by most fishing vessel owners, 

 despite the very short notice on which the study was undertaken, 

 suggests that it would not be difficult to obtain permission to sample 

 operating statements regularly with complete assurance that no dis- 

 closure would be involved. 



V. LEGAL ANALYSIS 



Summary and Conclusions 



The legal work of this project has been addressed primarily to 

 the broad question of whether a legislative provision restricting the 

 number of commercial fishermen in a major portion of the Wash- 

 ington salmon fishery would be constitutionally valid. Subject to 

 some qualifications with respect to the details of the scheme and 

 to the obvious fact that any answer is at best a prediction, the answer 

 to the broad question is "yes." 



Certainly under the applicable decisions of the United States 

 Supreme Court in the interpretation of the Equal Protection and 

 Due Process Clauses, there appears no substantial obstacle. Earlier 

 in the history of the Supreme Court, perhaps, such a scheme would 

 have been held unconstitutional as some sort of unwarranted depriva- 

 tion of property or liberty, or possibly as some sort of discriminatory 

 denial of equal opportunity to pursue gainful employment. Modern- 

 ly, however, the Supreme Court is most tolerant of legislative judg- 

 ments on economic matters, allowing any legislation to stand which 

 has these minimum requirements: (1) a rational determination that 

 some benefit to the general welfare of the people will be served by 



