A Report upon the Mollusk Fisheries of MassachusettsMassachusetts. Commissioners on Fisheries and Game
Science
A Report upon the Mollusk Fisheries of Massachusetts
Massachusetts. Commissioners on Fisheries and Game
Shellfish fisheries -- Massachusetts
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 The measure proved untenable, and was promptly repealed.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.
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