24 FISH AND GAME COMMISSION 



produce less than fifteen cases per ton would permit them to reduce into 

 fertilizer and oil in excess of the 25 per cent of the capacity of the plant, 

 as allowed by law, and would be contrary to the express duty and 

 responsibility of the Commission to see such law enforced. 



The law enacted restricting the use of food fish for fertilizer, the 

 constitutionality and merit of which has been passed upon and upheld 

 by our Supreme Court, was enacted to prevent the unlimited and indis- 

 criminate take of sardines which would occur and thus deplete or 

 entirely destroy the species. Whether it provides the most effective 

 means of control is doubted, but as such conservation measure, it should 

 be — if it is to have any force — strictly and impartially upheld. 



Through statistics kept by this bureau, and probably on account of 

 the desire of the canners to take as many fish as possible so as to realize 

 a profit from the manufacture of fertilizer and by-products, it was 

 learned there was a very large production of canned sardines during 

 the season of 1926-1927 and 1927-1928. This unusually large produc- 

 tion might have been avoided had canned sardines been the sole or 

 principal objective of the canners, as there would have been less induce- 

 ment to produce such large quantities of canned products without some 

 more or less definite assurance that the market would consume it. 

 However, and notwithstanding the reason, such unusually large pro- 

 duction was had and the market prices of sardines were consequently 

 unstable and poor. 



During the past year two organizations of canners were formed — 

 The California Sardine Export Association, organized under the Webb- 

 Kenyon Act, for the purpose of fixing a higher and uniform price for 

 sardine exports, and also the Sardine Canners Association of California, 

 to represent the canners in other matters not dealing with the export 

 trade. Previous associations of canners have been formed and repre- 

 sented the canners from time to time in their relations together and in 

 their controversies with the Commission, but these were eventually dis- 

 banded. It remains to be seen whether or not the two new associations 

 will be the means of better cooperation with and assistance to the Com- 

 mission in upholding and enforcing the laws of the state to the end of 

 assuring conservation, and consequently better stabilization of the 

 industry. 



Prior to the close of the biennium officers of the association above 

 mentioned presented - a request to the Commission for a modification of 

 the order requiring fifteen cases of sardines to be produced out of every 

 ton of fish taken, to twelve cases. It is doubtful, for the reasons above 

 expressed, whether the Commission has any legal authority to modify 

 their order to such extent, and for this if for no other reason such 

 request was not granted, nor has the existing order of the Commission 

 been modified in any way to date. 



It is conceivable that the Commission may again have difficulty and 

 litigation with the sardine canners, or some of them, to enforce the law 

 in this particular, although it was hoped there would be an attitude of 

 lawful observance on the part of each of the members of this industry, 

 as well as a desire on their part to assist the Commission in every way 

 in administering and enforcing the laws over which it has jurisdiction. 



The division has assisted in efforts to prevent botulism in canned 

 fishery products by contributing $15,000 a year to the Hooper Founda- 



