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Scientific Research and the Twentieth-Century Fishing Industry McEVOY: SCIENTIFIC RESEARCH AND THE 20TH-CENTURY FISHING INDUSTRY CalCOFI Rep., Vol. XXIII, 1982 SCIENTIFIC RESEARCH AND THE TWENTIETH-CENTURY FISHING INDUSTRY ARTHUR F. McEVOY’ The 1981-82 California Sea Grant College Program Among natural scientists, Ciriacy-Wantrup set a directory includes two projects devoted to the history similar example in a 1952 text on resource conser- of public policymaking for the fisheries.’ This indi- vation, defining conservation as a dynamic process cates, I think, a new and salutary trend in the study influenced by social, economic, and political institu- and management of natural resources in the public tions as much as by the character of the resources domain. Long isolated in their various specializations, themselve~.~More recently, Richard A. Walker ad- scientists and scholars interested in natural resources monished us not to forget that we do not address re- have, since the 1960s, begun to look across discipli- source policy questions innocent of history, politics, nary boundaries for new perspectives on problems that or of “commitments to pre-existing threads of ideol- draw their common concern. They have also begun to ogy passed down from those who have grappled with examine their own role in the making of policy- similar problems before. ”6 Walker trenchantly ob- analyzing the ways in which scientists and other served that effective resource management requires scholars, successfully or not, have tried at various the understanding and manipulation of the human stages in our history to contribute their expertise to processes that lead people to use nature in particular developing government policy for resource use. ways, as well as of the physical and biological pro- For students of law and society, J. Willard Hurst of cesses that we try to harness to our advantage.’ the University of Wisconsin Law School set the exam- Fishery science also has begun to take these issues ple in 1964 with the publication of his monumental seriously. The awakening here began soon after World study of the role of law in the history of the Wisconsin War 11, when economists interested in the “common lumber industry.2 Hurst’s work moved beyond the property” problem pointed out that fishery depletion more typical, doctrinal study of legal change to was as much a matter of economic institutions as it analyze the ways in which law worked in society, both was one of biology or population dynamics.* The as an instrument and as a measure of social change. Fisheries Conservation and Management Act of 1976 Harry N. Scheiber of the School of Law at the Univer- (FCMA) institutionalized this awareness by mandating sity of California, Berkeley, is likewise well known the harvest of socially and economically optimized for his studies of property law and police power, and is yields (OY) from the stocks under its view.9 Unlike currently completing a major work on the develop- the earlier, more “objective” concept of maximum ment of natural resource law in Calif~rnia.~My own sustainable yield (MSY), OY is by itself a slippery and work on law, ecology, and economic development in ill-defined standard for policy, but it does oblige law- the California fisheries builds on the foundation laid makers to make explicit decisions about social and by Hurst, Scheiber, and others, and accords the re- economic concerns-to look at the human side of re- sources themselves their rightful places as independent source use-when they set guidelines for industry. agents of historical change. All of these developments have their roots in the Clearly, natural resources are more than mere increasing postwar awareness of the interdependence commodities to be brought into the market as technol- of different economic activities and of the economy ogy and demand dictate. They have histories of their and the environment from which it draws resources. own: they influence the course of human affairs The 1970s, especially, brought a great blossoming of through their independent dynamism and through their integrated research and legislation along these lines, in characteristic responses to human activities. In much many areas of resource policy. The inflation of energy the same way as Hurst and his followers have changed prices, the collapse of the international monetary sys- the study of law and society, several historians since tem, and the emergence of major problems in agricul- 1970 have begun to move away from the traditional ture and the fisheries worldwide stimulated the new emphasis in environmental studies on intellectuals ’ developments of the last decade.*O ideas about their natural surroundings. These histo- In spite of these advances, however, there remains rians are making an effort to understand (1) how the the old problem of bringing scientific knowledge of ecology of natural resources affects their use and (2) natural resources to bear on the legal processes it is the development of social institutions governing that designed to inform. Governments and universities in- use .4 vest a great deal of money and energy to illuminate *Department of History. Northwestern University. 633 Clark Street, Evanston. Illinois 60201 alternatives available to policymakers, but as often as ‘Please see “Literature Cited,” at the end of this paper, for all numbered references. not they have little practical effect. Nowhere is this 48 McEVOY SCIENTIFIC RESEARCH AND THE 20TH-CENTURY FISHING INDUSTRY CalCOFI Rep., Vol. XXIII, 1982 more apparent than in the area of fisheries manage- stock of the Louisiana bargain. The Smithsonian In- ment-a uniquely public concern, but one heavily stitution, the National Academy of Sciences, and the burdened with traditional ideologies and vested inter- colleges of agriculture all date from the Civil War ests that make it almost impossible for government to years or earlier.I2 Efforts at wildlife conservation act effectively on the basis of scientific information of began at midcentury, when the environmental costs of whatever character. Scientists in the pay of the industrialization began coming due. As pollution and California Fish and Game Commission, for example, waterpower development began to take their toll on pointed repeatedly to the impending collapse of the the salmon fisheries of the Northeast in the 1860~~ state’s sardine fishery and pleaded annually for harvest New England state governments founded administra- restrictions for many years before the stocks finally tive agencies to study fishery problems and draft re- did collapse in the late 1940s. What was it about the medial statutes.13In 1870 California organized its own character of government research and policymaking , State Board of Fish Commissioners, which quickly and the relationship between them, that prevented en- became one of the most progressive and most emu- lightened administration of the public’s trust in this lated in the country.14 A year later, the federal gov- valuable resource? ernment founded the United States Fish Commission California’s public effort to adapt modern, inte- as an arm of the Smithsonian Institution. In 1903, on grated scientific research to the management of com- the eve of the industrial revolution in fishing, Con- mercial fisheries began during the World War I era. gress transferred the federal fishery agency to the The institutional structure of modern, industrial- Commerce Department, where it now survives as the bureaucratic fishery management took shape during National Marine Fisheries Service.lS this period, when technological progress and growing State and federal governments conceived of their markets gave birth to the motorized, oceangoing constitutional obligation to secure the blessings of lib- fisheries of the twentieth century. From the very outset erty for their constituents in two ways. On the one of the modern regime, there have been repeated calls hand, to be sure, liberty meant the pursuit of profitable from biologists, politicians, and even the industry it- self-expression unhampered by arbitrary incursions of self for a coherent, scientific approach to fishery man- state power. The California Constitution of 1879, for agement, although it is only in the last decade or so example, protected citizens’ right to enter public lands that we have seen much real progress toward that end. and lands sold by the state to private owners in order to The obstacles to integrated research and policymaking fish the waters that flowed through them.16 Liberty that scientists and lawmakers of the World War I era also meant, on the other hand, possessing options, or faced, moreover, were identical to those that confront being free to choose from a wide range of oppor- their modern heirs. Many of the ideological and in- tunities to make one’s fortune.” Here lay the ruison stitutional stumbling blocks that thwarted effective use d‘itre of government-sponsored research and devel- of scientific knowledge in the century’s second and opment in the nineteenth century: to provide citizens third decades were inherited from the nineteenth cen- with technical information and access to tools and re- tury, and continued through the twentieth to hamper sources with which to increase their mastery over their California’s efforts to undertake the multidisciplinary, physical and market environments. integrated research and policymaking that its modern Beginning in the Civil War era, as Hurst observed, fisheries needed. the people of this nation began to realize that the most The scientists who came during the World War I era important
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