But little oyster spat has ever been caught in Wellfleet Bay. That oysters will set there is evidenced by the young "seed" caught on the piles of the wharves and on stones and rocks around the harbor. It is noteworthy that at Wellfleet the spat sets only between the tide lines, and does not catch where water is constantly over the ground. This is directly contrary to the conditions in Long Island Sound, where the set is caught in deep water. E. P. Cook and J. A. Stubbs have tried spat collecting in Herring River for several years, with the results of one or two good sets, the best being caught by Mr. Cook in 1906. The other years have proved failures in this line. There is no question but that oyster spat can be profitably caught if sufficient interest is taken in the matter. The early laws were as follows:-- In 1772 a law having been enacted by the General Court, regulating the taking of oysters in Billingsgate Bay, an amendment to that act was now asked by the town, namely, that during the summer months oysters shall not be taken to market, nor fished by the inhabitants of the town for their own use during the months of July and August. In 1773:-- That, inasmuch as the oyster fishery, which is of great value to the town and of great advantage to the Province, has received detriment from persons taking young oysters, the enactment of more stringent regulations are necessary to prevent their destruction. These early laws show that the natural oyster beds were highly prized by the Inhabitants in colonial days, and that measures, even then, were necessary to prevent their extinction. At the present time Wellfleet has no other regulations than the general oyster laws of the Commonwealth. The history of the oyster industry of Wellfleet can be divided into three periods: (1) the natural oyster fishery; (2) the "bedding" of southern oysters; (3) oyster planting. (1) _The Natural Oyster Beds of Wellfleet._--The first settlers found a natural oyster bed near Hitchin's Creek, or Silver Spring, in 1644, and it is said that oysters were very abundant at that time. Old shells are occasionally dredged or raked up at the present day from these beds. The Rev. Enoch Pratt, in his "History of Eastham, Wellfleet and Orleans," gives the following account of this early oyster industry:-- Oysters were found in great abundance on the flats at the first settlement [1644], but at this time [1770] the inhabitants had so increased and such quantities were taken for consumption and for the Boston market, that it became necessary, to prevent their entire destruction, for the district to take measures to preserve and propagate them.... Shops and stands were opened in Boston, Salem, Portland and other places, where the oysters were sold in quantities to suit the purchaser.