Chapter IX: Section 4: The selectmen of the said towns may, in their (3)

_Methods of Work._--The statistical figures for the oyster industry are reasonably complete as the oyster fishery is on a more systematic business basis than any of the other shellfisheries. Nevertheless, on certain points it was impossible to obtain absolutely correct information, as, for instance, the area of grants, since no survey is made of the grants when leased, and the oysterman himself does not know the exact area of his granted territory. Thus an estimate has to be made by each oysterman of his granted area, and, while this is approximately correct, it cannot be considered as absolutely true.

The statistical returns were compiled by sending to each oysterman in the State a blank form, containing a series of questions, with the request that he would co-operate with the commission by answering. Many oystermen responded with complete answers, thus permitting the commission, through their aid, to publish an extended report on the oyster fishery. However, it was found impossible to obtain complete information from several towns, as a number of oystermen neglected to return these blanks. The return of each oysterman is filed at the office of the Commission on Fisheries and Game, and only the total for each town is published, thus treating as confidential the private business of individuals. The commission expresses a most cordial acknowledgment to the oystermen for their co-operation in this matter.

The other parts of the report were obtained by personal inspection of the oyster beds as to their biological conditions, by means of town records, and interviews with the oystermen. Town records, which should have given the location, number and areas of the grants, proved nearly worthless in most cases, owing to incompleteness, loss and confusion. Owing to the frequent change in selectmen, little if any information could be obtained from this source, as the new selectmen were generally unacquainted with the work of their predecessors concerning the leasing of oyster grants. The grants were often incompletely described, bounds uncertain and the acreage unknown.

The interviews with the individual oystermen furnished more and better information both in regard to the present condition of the industry and the general history for each town.

Personal inspection of the oyster grounds was made, the biological conditions noted and the area of the grants plotted on the accompanying maps. Not all these grants are worked, and parts of the cultivated grants are unfit for oyster raising. The charted area includes all grants, cultivated or uncultivated.

In reviewing the history of the industry, information was obtained from town records, oystermen who had been in the business for years, and various newspapers and periodicals. For a comparison of the oyster industry of 1879 and 1907 the excellent report of Mr. Ernest Ingersoll upon the "Oyster Industry," published in the tenth census of the United States, was used for comparison, and in many places directly quoted. Were it not for this work and the report of A. Howard Clark on the "Fisheries of Massachusetts," it would have been impossible to draw any reliable comparison with the oyster industry of twenty-eight years ago.

_Massachusetts as an Oyster State._--Massachusetts is perhaps not so well adapted for oyster culture as it is for clam or quahaug farming, and does not equal other seacoast States in the extent of its oyster industry. Nevertheless, the oyster industry is on a much firmer footing than the other shellfisheries, and is an important adjunct to the wealth of the southern Massachusetts towns.

All the oyster grants, except in the towns of Wellfleet, Eastham and Orleans, are found south of Cape Cod, as the southern shore of Massachusetts alone is adapted for the oyster industry. Along the south side of Cape Cod and in Buzzards Bay the numerous inlets and estuaries afford with their brackish water excellent ground for the cultivation of this bivalve, and many acres which otherwise would be barren have been made productive through the grant system; while the shores of Massachusetts which adjoin the waters of Narragansett Bay possess, in the Taunton, Cole and Lee's rivers, excellent waters for the growth of seed oysters. Thus Massachusetts possesses good facilities for oyster culture, which are capable of a far greater expansion than present conditions indicate.

However well developed the oyster industry is at present, there is plenty of room for improvement. It is the consensus of opinion among the oystermen that the business is developing every year,--a fact that speaks well for its future. Improvements in the oyster industry can arise in three ways: (1) investment of more capital in the business, which will allow more extensive operations; (2) more intensive cultivation of the present grounds; (3) the opening of new areas for oyster culture and the utilization of waters at present useless. Everything indicates that the oyster industry will take advantage of opportunities as soon as they are given.

_The Oyster Grant System._--Oyster culture in Massachusetts is the logical result of the failure of the natural oyster beds. When these beds became destitute of oysters through overfishing, it was necessary that means should be used to perpetuate the stock. Oyster planting had been successfully carried on in the States south of Massachusetts, and it was merely a question of experiment whether the oyster would respond to the same methods in Massachusetts. Thus oyster culture arose in this State at first as an experiment, later as an established industry. Grants were given, as through this way only could oyster planting become a success, and the "free fishery" people were forced to bow to public opinion, which decreed that grants should be leased. Thus oyster grants arose from necessity, as in no other way could Massachusetts preserve her oyster supply.

The system of oyster grants and oyster culture, in spite of its many failings, has shown what can be done to preserve and increase a natural shellfish industry if the proper methods are used. Planted beds have furnished enough spawn to maintain the natural beds, which would have long ago been depleted through the inroads of overfishing. They have preserved a fishery which would have disappeared almost completely, and established a better and more extensive industry, not only benefiting the oystermen, but also those indirectly associated with the business, such as teamsters, transportation companies, etc.

In the following report various abuses of the present system of oyster culture will be enumerated, and it is only necessary to state that many evils must be eliminated before the oyster industry can obtain its maximum expansion. Such evils as town politics, disputes with quahaugers, etc., will have to be remedied. The greatest obstacle which now checks the oyster industry is the _lack of protection_. Until complete protection is given to the oysterman, the industry will never attain to its full development. The removal of the abuses by the organization of the oyster industry of the State under a unified system is the best way to secure proper regulation and improvement of the oyster industry.

_The Natural Oyster Beds._

While there has been much discussion whether oysters were ever native in Massachusetts Bay, or merely the result of southern "plants," the consensus of opinion is that there were natural oyster beds in existence when the first settlers came to this coast. Not only do historical records show this, but the remains of the natural beds at the present time indicate that oysters have existed for centuries. Thus there seems to be no reasonable doubt that the northern coast of Massachusetts, as well as the southern, once possessed extensive natural oyster beds.

I. _Location of the Natural Oyster Beds._--(1) _Parker River._--A natural bed of oysters once existed in the Parker River at Newbury, and even fifty years ago it is said that oysters could still be obtained from this natural bed. About 1882 the experiment of fattening oysters for market was made, and many bushels were bedded on the flats during the summer by an oyster firm at Newbury. These oysters not only grew well, but threw considerable spawn, furnishing a good set in the river. Oyster raising was then tried, but the result was a failure, as the oysters which were planted in too shallow water were killed during the winter.

(2) _Mystic and Charles Rivers._--Mr. Ernest Ingersoll states that: "In 1634 William Wood, in his 'New England's Prospect,' speaks of 'a great oyster bank' in Charles River, and another in the 'Mysticke,' each of which obstructed the navigation of its river." He locates the Charles River beds as either off Cambridgeport or near the site of the Boston Museum of Natural History.

Dr. G. W. Field, chairman of this department, in his report in 1902 as biologist to the Charles River Dam Commission, makes the following statement about the Charles River oyster:--

The oyster (_Ostrea_), formerly abundant, is no longer living,
and, from what indications I have been able to gather, probably
became extinct within twenty-five years. Their dead shells are
brought up by dredging operations. Their peculiar elongated
shape is the result of growth being concentrated at the upper
end, as a result of their closely crowded position in the bed,
or of an attempt to keep the opening above the accumulating
mud, and thus avoid being smothered. The fact that there are
few signs of small "seed oysters" tends to prove that the
bottom was so muddy that they found few places to "set." From
the elongated shape of the shells may be inferred that the
amount of sedimentation going on in that particular region
was rapid during the life of the group of oysters whose
shells are to be found in quantities in the material dredged
between Harvard and Brookline bridges. This sediment need not
necessarily have been sand or clay, or any material which is
persistent, but it might have been flocculent organic débris,
which remained but a short time and left little or no evidence,
beyond its effect upon the shape of the oyster shells.

In the above account Dr. Field not only locates the original oyster beds of Charles River, but also furnishes evidence which indicates the cause of their extinction, _i.e._, the débris and sewage, or waste poisonous, polluting materials, of a large city emptying into the river. This is not only true of the Charles, but also of the Mystic and Taunton river beds, which have been destroyed in like manner.

(3) Mr. Ernest Ingersoll, in his report on the "Oyster Industry of the United States," in 1880 mentions that natural oyster beds were once at Weymouth, Ipswich, Barnstable and Rowley. Nothing further can be learned concerning these places.

(4) _Wellfleet._--An extensive oyster bed was found at Wellfleet Bay, which not only furnished a sufficient supply for the first settlers, but enabled the inhabitants of Wellfleet to carry on a considerable trade by shipping them to Boston and other ports, until it was finally destroyed in 1775. Its destruction was due to overfishing and the utilization of the shells for lime, which soon destroyed the natural bar.

(5) _Chatham._--A natural oyster bed once existed in the Oyster Pond, but no trace of it now remains.

(6) _Harwich._--Herring River in the town of Harwich still possesses the remnants of a natural oyster bed, as occasionally a few oysters can be gathered along its banks. This bed once comprised a stretch of three-quarters of a mile along the river.

(7) _Yarmouth._--The town of Yarmouth once possessed a natural oyster bed in Mill Creek, but this was fished out by 1895 and then granted for oyster culture.

(8) _Barnstable._--There is a natural oyster bed at Centerville.

(9) _Martha's Vineyard._--Native oysters are said to have existed in the brackish ponds on the south side of the island; a few are found there at the present time.

(10) _Falmouth._--A few native oysters are to be found in the salt ponds on the south coast of the town. In Squeteague Pond and Wild Harbor oysters were once native.

Buzzards Bay comprises the best natural oyster territory in the State. At the present time the natural oyster industry has been supplanted by oyster culture, which gradually took the place of the declining natural oyster fishery. While natural beds still exist to some extent, they are, to all practical purposes, extinct. Where once there were extensive areas, now there are only scattering oysters. In many cases the beds have been so completely destroyed that the ground has been granted for oyster culture. That Buzzards Bay is a "natural set area" can be readily seen by the amount of "seed oysters" that are caught by the oystermen who plant shells for the purpose.

(11) _Bourne._--(_a_) _Red Brook Harbor._--In 1879 Ernest Ingersoll says:--

On the southern shore of this harbor, about a mile from its
head, exists a living bed of natural oysters some 7 acres in
extent, under the protection of the town for public benefit.
The oysters growing on it are reported to be large, but not of
extraordinary size, scalloped and roundish, differing in no
respect from aged oysters grown after transplanting to another
part of the bay.

In 1907 this natural bed had been reduced to 3 acres, and the unproductive part granted.

(_b_) _Barlow River._--In 1873 an act was passed to protect the oyster fishery in Barlow River, by ordering a closed season of one and one-half years. The passage of this act shows that a natural bed of importance existed in this river, and that even in 1873 the effects of overfishing were apparent. At the present time there are but few native oysters in Barlow River, or, as it is sometimes called, Pocasset River.

(_c_) _Monument River._--A natural bed also existed in Monument River, which became so depleted that about 1875 the river was surveyed and divided into small grants.

(12) _Wareham._--(_a_) _Wareham River._--Natural oysters are found in the Wareham or Agawam River, which has been one of the most productive natural beds in the State, and still furnishes a scant living for two or three men. In view of the overfishing, it is surprising that any of the natural oysters have survived, except on reserved areas of the town, which are opened every three or seven years for the capture of "seed."

(_b_) _Weweantit River._--The Weweantit River, which lies between the towns of Wareham and Marion, has a larger and better natural oyster bed than the Wareham River, but this has also been depleted by overfishing, except on the reserved areas of the town of Wareham.

(13) _Dartmouth._--A few oysters are found in Slocum's River.

(14) _Westport._--Westport River has also a few oysters.

(15) _Taunton River, Coles River and Lee's River._--These rivers once had extensive beds of natural oysters, but now are wholly devoted to growing oysters. Old records and laws show how important these natural beds were, and also furnish an excellent illustration of the effects of overfishing combined with water pollution from manufacturing sources.

II. _Decline of the Natural Oyster Beds._--The above-mentioned examples furnish abundant proof that the natural oyster beds of the State, which once were sufficient to supply the wants of our forefathers, have declined to such an extent that at the present time but few natural oysters are tonged for the market. Where there were formerly many acres of excellent native oysters, to-day there is scarcely an acre that can be called good oyster fishing, except in a few cases where the towns maintain a nearly perpetual closed season. No proof of the decline is necessary; it is an established fact.

There have been two principal causes which have ruined the natural oyster beds; besides these two,--(1) water pollution and (2) overfishing,--certain geographical changes have doubtless occurred, which have accelerated the decline.

(1) _Water Pollution._--The effect of water pollution through the sediment deposited by sewage and manufacturing waste on the natural oyster beds is well illustrated by the destruction of the Charles River beds. This is also shown in a less degree in the Taunton River.

(2) _Overfishing._--The primary cause of the decline of the natural oyster beds was overfishing. This is particularly true of the beds south of Cape Cod and in Buzzards Bay, which were of large extent, and unpolluted by manufacturing wastes or sewage. This overfishing has not been the result of the last few years, since records show that as early as 1824 Harwich passed an act to preserve the oyster fishery of the town; and that Sandwich, in the part which is now the town of Bourne, in 1832 passed regulations protecting the natural oyster fishery in Monument River; while at Wellfleet the natural oyster bed was completely exterminated by the year 1775. Overfishing has affected the natural beds in several ways, all of which have worked toward the general decline of the native oyster.

(_a_) The first settlers took the large oysters from the natural beds, which under normal conditions had all they could do to keep up the supply. In this way the beds were deprived of the spawning oysters, with the result that in spite of the closed seasons, which gave little if any benefit, a gradual decline set in.

(_b_) At the same time that the oysters were being taken from the beds, the early oystermen through ignorance were making an economic blunder by not returning the shells to the waters. The oyster shells furnish naturally the best surfaces for the collection of "seed," as spat will set only on clean surfaces. By taking the large oysters and with them the shells and other débris from the bed, the natural oyster bars were destroyed and less space given for the spat to catch. So both the taking of the large oysters in excessive amounts and the destruction of the natural spat collectors, either for lime, as was done at Wellfleet, or for other purposes, were sufficient in the early days to cause the decline of the natural oyster beds.

(_c_) In more recent times the destruction of the natural beds has been hastened by the taking of the small oysters. This practice was due to two reasons: (1) the supply of large oysters was exhausted; (2) oyster culture became important, and the natural beds were raked clean for "seed" which the oystermen obtained for planting on their grants. Thus the oyster grant system has been the chief cause of the destruction of the natural beds in the last forty years. It was only when the natural beds failed that grants were given, and so oyster culture cannot be considered the primary cause of the destruction of the natural beds, but only a later agency in their total extermination. The natural beds in Buzzards Bay all bear testimony to these three means of overfishing, and in recent years particularly to the last.

It has been a most fortunate thing for Massachusetts that the oyster grant system was inaugurated as soon as the decline of the natural fishery became manifest, else at the present time there would be no oysters in the State, for it is recognized that the present natural beds are perpetuated by the spawn which comes from the various oyster grants. Foresight has indeed provided an excellent oyster industry, which is rapidly improving. It is only necessary to apply similar methods of culture to the other shellfish industries of the State to insure their future also; otherwise the decline, which is following the same steps as the destruction of the natural oyster beds, will lead to the commercial extinction of these valuable fisheries.

_Results of the Survey._

The survey of the oyster industry has shown several interesting facts which should be brought to the attention of the fishermen and consumers. In the first place, it has shown that the oyster fishery is a larger and more important industry than it has been commonly considered, and that the welfare of the shore fisheries of southern Massachusetts depends upon its maintenance. Secondly, the oyster industry is to-day in a position where it cannot reach its full development for the reason merely that the present laws do not encourage the expansion of the industry. Thirdly, the oyster industry is trammeled by certain abuses, chiefly of a legal nature, which hinder its development, and upon the abolition of which depends its future success. Fourthly, the oyster industry under present conditions encroaches to some extent upon the other shellfish rights, especially in relation to the quahaug fishery, and has caused much jealous feeling; but if properly regulated there should be room for both industries.

In order to obtain the opinion of the oystermen concerning the present abuses of the oyster industry, and how these could be best remedied, the following question was asked of the individual planters: "What measures or laws would, in your opinion, be best adapted for the improvement of the oyster industry?" Although many neglected to answer this question, forty-three opinions were offered, dealing with the problems which the oystermen consider as needing attention and upon which the welfare of the industry depends. These answers have been arranged in tabular form, showing the number of oystermen who advocate certain measures.

MEASURES SUGGESTED.

Present laws satisfactory, 11
Direct State control of oyster industry, 11
Town control, with right of appeal to the department of
fisheries and game, 1
Longer length of lease, 4
More certainty of re-leasing grants if improved, 7
More protection for industry, 4
Right to grow all kinds of shellfish, 1
More ground for cultivation, 1
State to forbid marketing of oysters from contaminated waters, 1
Provision for destruction of starfish, 2
------
Total, 43

While these answers show a diversity of ideas, about 75 per cent. urge that something be done to improve the present system, and, while many are in favor of placing the industry under State control, the majority is definitely of the opinion that the present system of town control is proving a serious drawback to the oyster industry. The best interests of the oysterman and the consumer demand a better method of regulation of this industry. As long as town politics, partiality and carelessness enter into the leasing of oyster grants, and thus deprive certain people of their rights, it is safe to say that the oyster industry can never get beyond its present state of development. One solution of the difficulty might be full State control of leasing the grounds for the oyster industry. This is possibly too radical a step at present, and the system can perhaps be so adjusted as to remedy its defects without taking the control of the fishery entirely away from the hands of the town. Another solution is to continue the system of town control, but to have a State commission which would act as a board of appeal for all who felt aggrieved at the judgment of the selectmen.

The advisability of ten-year grants has caused much comment among the oystermen. Practically all grants are now given for this period of time. As a system it is deservedly unpopular, since it does not help the quahaug interest, and it checks the development of the oyster industry. The oyster business, unlike the other branches of shellfish culture, requires a considerable capital. This system of ten-year grants operates directly to discourage the outlay of capital. If the oysterman were sure of reaping the benefits of his labor and capital, it would be to his selfish interest to develop his own grant to its maximum capacity. But what far-sighted business man will invest money in a business which stands a good chance of being completely "wiped out" in a few years? Again, this system makes three years out of the ten practically worthless. The oysterman usually "seeds" his grant about three years before he expects to reap his harvest; but when his grant has run for seven years, it is evident that he will plant no more oysters because of the uncertainty of obtaining a second lease, and naturally does not desire to invest his labor and money for the benefit of an unknown successor.

The remedy for this is not difficult. If a grant were rented annually as long as the planter desired to hold it, to be forfeited if not improved to a certain standard (to be decided upon), or for non-payment of rent, the difficulties above enumerated would disappear. Much of the territory now held unimproved would either be brought up to a standard of excellence or given over to the quahaugers, and in either case direct benefits would result. If legislation were so arranged that any man might take, by the payment of a nominal rent, a small piece of ground, which he could hold as long as he improved it, the oyster industry could be put on a firmer footing; a man confident of enjoying the fruits of his labors could thus improve his grant, and, as he acquired skill and knowledge, could add other land and ultimately expect to build up a successful business.

A third important suggestion relates to the marketing of oysters in a sanitary condition. The oyster industry of the State has suffered severely because of the scare resulting from the marketing of oysters from contaminated waters. The Cape and Buzzards Bay oysters are in general free from all sewage contamination, and should not be considered on the same basis as the impure varieties from outside the State. Naturally, the Massachusetts oystermen desire that there be some guarantee for the purity of the oysters marketed, as their interests suffer because this impure stock is often sold under the name of the Cape oyster. If laws were passed requiring the inspection and certification of marketed oysters in regard to healthful conditions under which they have been produced, both the oyster planter and the consumer would be benefited.

There is but little doubt that the oyster industry can be still further developed by opening waste territory which at this time does not appear available, since under existing conditions proper capital cannot be induced to enter the business. The oyster industry demands more attention than it has hitherto received, and must be considered an important asset of the Commonwealth.

_History of the Industry._

Although the oyster laws are the mile-stones which mark the progress of the oyster industry, and any consideration of the development of these laws naturally gives many historical features, it is nevertheless necessary, at the risk of repetition, to give a separate account of the history of the oyster fishery. The Massachusetts oyster fishery can be divided historically into three distinct periods: (1) the free fishing period; (2) the period of bedding southern oysters; (3) the period of oyster grants.

(1) _The Free Native Fishery (1620-1840)._--In the early colonial days the oyster fishery was considered in the same way as the other shellfisheries are now looked upon, _i.e._, held to be the common property of the inhabitants of the Commonwealth. The natural supply was abundant enough to meet the needs of all the inhabitants, and for many years no signs of decline were manifest. In 1775 the natural beds of Wellfleet gave out, furnishing the first record of unmistakable decline. From that time there arose an extensive series of protective laws, with the one object of preserving the natural supply by limiting the demand. This policy of protective laws, though perhaps temporarily beneficial, was based on an erroneous principle. It was preventive, but not constructive, and did not build up the demolished fishery.

(2) _Oyster Bedding (1840-70)._--With the decline of the natural beds, the practice of bedding southern "plants" became an important part of the oyster trade. The southern oysters were bedded on the flats in the spring and taken up for market in the fall. Salem, Wellfleet and Boston were the leading places in this new phase of the oyster industry, and many thousand bushels were annually planted.

(3) _Oyster Grants (1870-1908)._--So successful was this summer bedding of southern oysters that experiments were soon made in rearing oysters. This proved successful from the start, and within a few years the extensive grant system which is now in vogue was inaugurated on Cape Cod and Buzzards Bay.

These three methods, although separated by definite periods in which each have been the leaders, remain to a greater or less extent at the present day. The natural beds are still in existence, and, as at Wareham, are opened once in three or seven years, according to the discretion of the selectmen, for catching "seed." The summer bedding of oysters still continues, as certain planters find it more profitable to fatten than to grow oysters, and the oyster grant system is now in full operation.

A comparison of the industry of 1907 with that of 1879 shows several changes. These changes are for the most part improvements which have arisen with the development of the industry. In some cases the changes have been detrimental, and a few localities have shown a decline. New fields have opened to the oysterman both in new localities and through the extension of the present beds. On the whole, there has been a great increase in the grant system of oyster culture, while the "bedding" of southern "plants," which in 1879 employed many men, boats and extensive capital, has practically disappeared. The annual production has increased gradually, and for 1906-07 is approximately five times as large as in 1879. The following figures, except for 1907, are taken from the United States Fish Commission's reports, and show the gradual increase in production:--

=========+==========+========
YEAR. | Bushels. | Value.
---------+----------+--------
1879, | 36,000 | $41,800
1887, | 43,183 | 64,115
1888, | 45,631 | 66,453
1898, | 101,225 |$156,235
1902, | 103,386 | 133,682
1907,[16]| 161,182 | 176,142
=========+==========+========

_The Oyster Laws._

In submitting a complete report upon the oyster industry, the oyster laws, which have played an important part in the development of the fishery, cannot be totally neglected. However, so important a subject demands separate investigation, and offers excellent opportunities for legal research. Therefore it is not the purpose of this report to give more than a brief account of the present oyster laws and their history.

The shellfish laws of Massachusetts constitute the foundation of the oyster industry, as they have taken a practically extinct native fishery and have built up the present extensive business. So closely are they connected with its welfare that the future of this growing industry depends upon the proper expansion of these laws to meet the new conditions.

A survey of these oyster laws, with an analysis of their merits and defects, is needed. Their defects have brought about the present unsatisfactory situation in certain localities, and should be remedied. Their merits should be strengthened and amplified, as the basis of future expansion. They have come into being from time to time, in response to the immediate need of the hour; consequently they have no unity, and are, indeed, but imperfectly understood. An insight into their perplexing details should bring out many inconsistencies. Again, no comprehensive knowledge of the history of the industry is possible without a study of the laws. The errors once committed need not be repeated to further embarrass the industry, and the lessons learned by experience would be well applied to its future development.

_Protective and Constructive Laws._--The oyster laws can be divided into two classes: (1) protective; and (2) constructive. The early laws, which were passed to save the natural supply, were of the first class; while the laws establishing the present system of oyster culture come under the second heading. The beginnings of all legislative enactment arose in the treatment of the natural oyster beds. These beds were fast becoming exhausted, when laws were passed to protect their important natural resources. This measure was only partially successful. It did succeed in preserving the remnant of those old beds from destruction, but it was powerless to build up an industry of any extent. When it became clearly evident that no possible fostering of native resources could supply the growing demands of the market, legislation quite logically directed itself toward the artificial propagation of oysters. From this step arose a series of problems which long proved baffling, and still engross a great deal of public attention. The artificial propagation of oysters necessitated the leasing of grants in tidal waters. This giving up of public property to private individuals aroused the opposition of rival shellfish industries, who saw in this measure a curtailment of their resources. Numerous other difficulties of minor significance arose from time to time, all demanding attention at the hands of the Legislature.

Apart from the general supervision of the oyster industry, there have been two other sources of legislative enactment. First, special laws have been called for to regulate the fishery in certain waters under the oversight of the State Board of Health. Secondly, during the past few years the attention of the Legislature has been directed towards the development of the oyster fishery as an important asset of the Commonwealth, and laws authorizing various experiments, both scientific and practical, have been passed in order to devise methods of increasing and developing the industry.

I. _Protective Laws._--The history of the oyster laws of Massachusetts is a history of the industry itself. The rise and decline of the fishery are distinctly traceable in the development of the legal machinery which regulates it. From the time of the Pilgrims the oyster beds of the coast had been regarded as inexhaustible mines. The fallacy of this view gradually became apparent, as these beds began to be depleted through overfishing. As early as 1796 a general law, entitled "An act to prevent the destruction of oysters and other shellfish," was passed by the Legislature. Prior to 1869 the town of Harwich adopted this old law. Shortly after, Swansea followed suit, and restricted the exploitation of her native oyster beds in the Lee and Cole rivers. In 1870 Wellfleet inaugurated an innovation, in the nature of a permit to take oysters, which was required of all citizens of the town. The idea of this permit was to regulate the fishery, centralize control in the hands of the selectmen and add to the income of the town. In 1873 Sandwich passed a law enforcing a close season on all her native beds, to last for a period of one year. In 1875 Brewster followed the lead of Wellfleet, in demanding permits of all outsiders and also from all citizens taking more than 3 bushels at any one time, although an unlimited amount might be taken for food.

The aim of all this legislation was not to develop the industry directly, but indirectly by preserving and fostering the native beds. This theory, while excellent in motive, did not work out well, as the native beds could not by any possible protection be brought to produce an annual yield at all adequate to the growing demands of the market.

The utilization of purely natural resources proving unequal to the demands of the occasion, the creation of other resources became necessary, and an entirely new epoch in the history of the oyster fishery was inaugurated. This epoch marked the beginning of the production of oysters by artificial means, and the establishment of this new industry and the perplexing complications which grew out of it have been the source of legislative strife for many years.

II. _Constructive Laws._--The first legislation authorizing the present system of oyster culture was instituted at Swansea, in 1869. This was the beginning and the foundation of a broad movement of oyster culture which spread rapidly along the southern coast of the State. This curious law allowed the selectmen to sell, by public or private sale, the oyster privilege of Swansea outright to any person or persons who were citizens of the town. The measure, although apparently designed to restrict the exhaustion of the native resources, did not tend to develop the industry. It possessed one element of value, i.e., it increased the revenue of the town. Apart from its interest as the forerunner of artificial propagation of oysters, this old law is noteworthy, as it forms the basis of the system which to-day regulates the industry in that section of the country. The custom of selling an extensive oyster privilege, as apart from the system of leasing grants, first clearly outlined in the law of 1869, still holds throughout this section. It remains the usual custom to sell either the whole of a township's available oyster territory, or else an extensive part of it, to one man for a lump sum per year.

In 1874 an important step occurred in the evolution of the oyster industry. Swansea and Somerset were given the privilege of granting any of their bays, shores, banks and creeks for the propagation of oysters. This act was far more sweeping and advanced than any of its predecessors, but it was in one respect too sweeping. It interfered with the rights of the property owners along the shore, and was therefore contrary to the general underlying principle of the State law, which allows the cultivation of oysters only in so far as such cultivation does not interfere with the vested rights of all citizens alike. The measure proved untenable, and was promptly repealed. Its repeal was on general principles a thing to be desired, but nevertheless a blow to the industry. The tidal waters along the coast have always been the most valuable part of the oyster territory, as they have proved to be the best adapted for obtaining "oyster set." This measure was therefore designed to aid the oyster growers, and give them valuable privileges which belonged originally to the adjoining property owners. Even to the present day the dividing line between the rights of property owners and oystermen has remained an unsettled question.

It was about this time that the close season proved a failure in Buzzards Bay, and the towns of Wareham, Bourne and Marion turned their attention toward the establishment of an oyster industry. This attempt became a settled policy of these towns about 1875.

In 1878 a peculiar act was passed, making it unlawful for any person to remove oysters from any grant, even his own, between the hours of sunset and sunrise. This act was necessary for the protection of the oyster planters, by preventing the stealing of oysters from the grant at night. Various efforts had been made to protect grants from such attacks, but the extreme difficulty of detection was always an insuperable obstacle to proper enforcement, and it was deemed expedient to prohibit all fishing at night. That this problem had become an important one is shown by the title of the law, which was styled "An act for the better protection of the oyster fisheries in this commonwealth."

In 1884 an important act was passed, enlarging the limits of that territory which might lawfully be used for the cultivation of oysters. Practically all communal waters outside the jurisdiction of adjacent land owners was thrown open for oyster grants.

In 1885 the institution of a public hearing was inaugurated. This was a concession to the hostile quahaug element, and allowed the public the opportunity of protesting against the granting of territory for oyster culture; nevertheless, the final power really remained in the hands of the selectmen. A further concession to this element was the law which called for the revoking of grants within two years if unimproved. The interests of the oystermen were also kept in sight, and legislation passed which was designed to protect grants still more from the depredations of outsiders. Provision was likewise made for the proper enforcement of these laws, and the penalties attached were increased.

In 1886 an act was passed which was designed to do away with all possible outside monopoly. The danger of organized capital acquiring control of a large tract and excluding small individual planters had become apparent, and this means was taken to guard against it. The act prohibited the transfer of grants in any township to any person not a citizen of that township; thus, if any monopoly did exist it would be restricted to only one township. The limits during which fishing on grants might be carried on was lengthened two hours, so that it read from "one hour before sunrise to one hour after sunset."

In 1892 the town of Yarmouth obtained a law requiring a permit for citizens to take oysters from native beds, not exceeding 2 bushels per week, from September 1 to June 1. This is now the only town in the Commonwealth to require such a permit from citizens.

In 1895 legislation was passed relative to the proper definition of the boundaries of grants. This was rendered necessary because of the haphazard methods hitherto pursued in giving grants with very indefinite boundaries. Mean low-water mark was fixed as the shoreward boundary of grants, while mean high-water mark was defined as the limit to which shells might be placed to catch the set. This, however, was dependent upon the owners of the adjacent property, and their consent was held necessary before this territory between high and low water could thus be utilized.

In 1901 special legislation was passed, restricting the catching of oysters in contaminated waters except for bait.

In 1904 authority was granted to proper officials to develop the oyster industry by planting shellfish, or by close season.

In 1905 the Fish and Game Commission was authorized to expend a sum not exceeding $500 per annum for the investigation of the oyster, by experiment or otherwise, with a view to developing the industry.

The development of the oyster laws has been by a process of evolution. They have kept pace with the growth of the industry, and have been in fact the logical outcome of that expansion. The various acts which go to make up the bulk of this legislation have been passed from time to time to fill the immediate demands of the hour, and consequently lack that unity and consistency which might otherwise characterize them. Changing conditions have called for alterations in the legal machinery, as the industry has expanded, to meet new requirements. These additions have frequently been dictated by short-sighted policy, and the Commonwealth as a whole has often been lost sight of in the welfare of the community.

Of all the shellfisheries, the oyster industry is most hampered by unwise legislation. It is the most difficult to handle, because it presents many perplexing phases from which the others are free. Clams, quahaugs and scallops flourish in their respective territories, and legislation merely tends to regulate their exploitation or marketing. With the oyster, however, other problems have arisen. The areas in the State where oysters grow naturally are few in number and relatively of small importance. The clam, quahaug and scallop grounds are to be compared with wild pastures and meadows, which yield their harvests without cultivation; while the oyster grants are gardens, which must be planted and carefully tended.

With this distinction arises another question, of far-reaching significance,--the question of private ownership. The quahaug, clam and scallop fisheries demand that the tidal flats and waters be held in common as communal interests, and freely open to all citizens of the town; the oyster fishery requires that certain portions of these flats and waters be set aside for private ownership. With the economic questions involved in this discussion it is not the purpose of this report to deal. There is one fact, in any case, which cannot be argued away. The oyster industry is dependent solely upon private ownership of grants. If, therefore, the oyster industry is to be encouraged at all,--and it certainly has very great possibilities,--this fact of private ownership must be accepted at once. If, as some assert, it is an evil, it is a necessary evil, and it has come to stay. The questions remaining for legislation on this subject are the proper regulation of this private ownership, so as to give the maximum of encouragement to the oyster fishery, and the minimum of danger to the rival shellfish industries.

The oyster and quahaug industries openly clash. This is an unfortunate occurrence, but it cannot be avoided, since the ground suitable for the culture of oysters is almost always the natural home of the quahaug. Therefore, when portions of this ground are given out to private individuals for the production of oysters, the available quahaug territory is necessarily reduced. Over this question endless disputes have arisen. The problem is undoubtedly one requiring delicate adjustment; but there is no reason why these two industries should not flourish side by side, as there would be plenty of room for both if all the available territory were properly utilized.

There is one important feature of this problem, however, which the present laws have wholly failed to recognize. Wherever practicable, the best of the quahaug territory should not be granted; and as far as possible, the oystermen should utilize only those tracts of territory which are not naturally very productive of quahaugs.

_The Oyster Industry._

For the benefit of those who perhaps are not familiar with the methods employed in the oyster industry, the following brief account is given:--

I. _Selecting the Grant._--The oysterman, in selecting a grant, has to consider first the nature of the soil; and secondly, the location as influencing the growth of the oyster. Not less important is the quality of the oyster, which means not only a good price, but also readiness of sale, as the oysters produced in certain localities are especially desirable in appearance and flavor.

As the oyster will not grow on all kinds of bottom, but demands a firm soil, free from soft mud and shifting sand, the oyster area of the State is naturally limited. Usually but part of an oysterman's grant is suitable for the cultivation of oysters, and he is forced to let the rest of the territory lie idle, unless he can, with shells or gravel, artificially change this waste area into suitable ground. Shifting sand perhaps can never be made suitable for oysters; but many acres of soft mud can be made productive, if the oysterman only has a reasonable guarantee that he would receive the results of his labor.

While the oyster culture is limited by the nature of the bottom, it is also restricted by other conditions. The salinity of the water has much to do with the rapidity of growth, and the oysters seem to thrive in localities where a slight amount of fresh water enters. The amount of food in the water is the principal factor in the rate of growth, and to this is due the fact that the rate of growth varies considerably in different localities. As a rule, the beds with good circulation of water (_i.e._, currents) show the more rapid growth.

II. _Collecting the "Seed."_--The term "seed" is applied to one, two, three and even four year old oysters which the oystermen plant on their grants. These grants are in reality salt-water gardens, requiring constant supervision; and the obtaining of the "seed" for planting is a most important consideration. The gathering of the oyster "seed" is a simple process, but one which requires much research.

Early in the summer, usually during the months of June and July in these waters, the Massachusetts oyster spawns. Both sperm from the adult male and the eggs from the adult female oysters are extruded in considerable quantities into the water, and there the eggs are fertilized. As fertilization is somewhat a matter of accident, undoubtedly the great majority of eggs never develop. The fertilized eggs pass rapidly through various changes in the course of a few hours, and emerge as microscopic embryos, with thin, transparent coverings. At this period these forms are free swimming, and are found in great numbers in the water. They are extremely delicate, and great quantities are destroyed by natural agencies, such as cold storms, sudden changes in temperature, etc. They likewise are subject to the depredations of all sorts of marine creatures, and comparatively few in proportion survive. The survivors, after leading this free-swimming existence for several days, settle to the bottom, where they attach themselves by a calcareous fixative to stones, shells, pieces of wood, etc. Here, unless buried by silt and soft mud or killed by exposure, poisonous pollution, etc., the young oyster rapidly becomes of a size suitable for planting.

The economic utilization of this scientific knowledge is as follows: shells offer a very good surface for the attachment of the young oyster, and many thousand bushels are annually strewn over the bottom previous to the spawning season. Considerable judgment is needed in choosing the right time to plant these shells, which after a few weeks in the water become so coated with slime that fixation of the "spat" becomes impossible. In Massachusetts the area between high and low water mark has been found by experiment to be the most valuable territory for this purpose, as shells planted here collect the heaviest set and can be handled with the least expense. A projecting sand bar or point with a current is also well adapted for catching oyster spat.

The scallop shell is the most serviceable in spat collecting, because it is more brittle, and the clusters of oysters when attached are readily broken apart. After the oysterman has obtained a successful set, he allows the young oysters to obtain a suitable growth before he makes a final planting, either in the spring or fall.

III. _Size of the "Seed" used for Planting._--While many oysters are raised from native spat in the Buzzards Bay district, the greater part of the seed is purchased in Connecticut and Long Island, and is carried in schooners or steamers to Massachusetts waters. The usual price ranges from 35 cents to $1 per bushel, according to size and quality. The oystermen cannot always choose the size of "seed" they desire for planting, as the set of any one year is very uncertain, and several seasons may pass before a large quantity of "seed" can be obtained. Thus the oyster planters are forced to take whatever size they can obtain, whether it be two, three or four year old "seed." As a rule, the small "seed" is most in demand, as it means relatively faster growth and less money invested. Often, when the ground is most favorable for fattening, large oysters are preferred for planting, and certain oystermen make this line of work a specialty. Certain localities where there is plenty of lime in the water are well adapted for growth, and yet produce poor-"meated" oysters, while in other grounds the reverse is true. The oystermen occasionally by a double transfer utilize both grounds, planting oyster "seed" for the first few years in the rapid-growing localities, and then transplanting the large oysters to the "fattening" ground six months before marketing.

IV. _Preparing the Grant._--The first step in preparing the grant is to remove all débris. In the deep water, this is usually done by dredging; in the shallow water, by whatever means is the easiest. If the bottom is of firm soil, the grant is then ready for planting; however, if the soil is soft mud, it is necessary to shell the bottom in order to give it greater firmness. The oysterman continually has to keep a sharp lookout in order to protect his grant from enemies such as the starfish and the oyster drill, and to keep it clear of seaweed and other matter which would interfere with the growth of the oyster.

V. _Sowing the "Seed."_--The "seed" oysters are planted on the prepared bed by scattering them with shovels or scoops from the boats and scows. The oysterman, knowing the maximum amount of "seed" the bed will grow to the best advantage, plants the required number, taking care that the oysters are properly scattered, as for the best growth oysters should lie separate and not in crowded masses. The amount of "seed" that can be planted on a given area depends upon the natural conditions of the locality.

VI. _Enemies._--The oyster, having passed through the countless dangers of his embryonic career, is still harassed by several enemies. Of these, the most destructive is the starfish. This animal, commonly known as the "five-finger," occurs along the entire Massachusetts coast, and is especially abundant in Buzzards Bay. Occasionally whole oyster beds are wiped out by this pest, which sweeps over the ground in vast armies. The method of attack of the starfish is unique. By exerting with its tube feet a steady pull in opposite directions on both valves of the shell of the victim, the starfish tires the contracted muscle of the oyster, and the shells open. The starfish then extrudes its stomach so as to enwrap the prey, and in this curious manner devours the oyster.

A close second to the starfish in amount of damage is the oyster "drill" or "borer" (_Urosalpinx cinerea_). This little mollusk with its rasping tongue drills a small hole through the shell of the oyster, and then sucks out the contents.

A third enemy, according to the oyster planters, is the "winkle" (_Fulgur carica_ and _F. caniculatus_). The method of attack is somewhat obscure.

Besides this dangerous trio of living enemies, the oyster is subject to constant peril from inanimate agencies. Probably the greatest of these is shifting bottom. Where oysters are grown on sandy soil, the violent waves of winter storms frequently tear up the bottom, or else the force of currents is such as to kill the oysters by completely burying them in the sand. Again, if the oysters are growing in very muddy bottom they are constantly liable to be smothered in the slimy ooze. Ice in winter frequently tears oysters from their beds and bears them to some unfavorable environment, where they soon die.