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
An entirely new code of shellfish laws is necessary, based upon the
general principles (1) that in selling the shores the State reserved
the right of fishing as "far as the tide doth ebb and flow," and (2)
that the State may now lease these fishing rights under such conditions
and restrictions as to secure to every citizen so desiring and so
deserving an opportunity to cultivate such a definite area as may meet
his needs and powers. Experience has proved conclusively that it is
a correct economic principle for the State to give a secure title to
certain carefully defined lands to a capable man, and to say: "This
land is yours. You may raise potatoes, corn, hay or anything you
choose. Every plant, fruit or tree growing on this property is yours.
You have become responsible for its right and proper use. You have full
and complete rights in this property, and can develop it by investing
your labor and your money according to your own judgment, and the State
will protect you in these rights as long as you do not interfere with
the rights of other persons." Equally so it is an indubitable economic
fact that the landowner finds it more profitable to plant or transplant
corn, potatoes, grass, strawberries, etc., rather than to depend upon
the natural methods and yield. Similarly, it is equally logical for the
State to give to the fisherman equal opportunities with the farmer. The
State should guarantee the tenure of the fisherman in his definitely
bounded shellfish garden, and should protect his interests and the
property on that garden as securely as if it were potatoes or corn,
and should, so far as possible, guard him from local jealousy or the
effects of petty politics so long as he continues wisely to improve
his grant in conformity to the spirit and letter of laws which are
found by experience to give the greatest good to the greatest number.
Further, the State should protect the fishermen and the consumers of
shellfish by defining the areas which from a sanitary point of view
are (1) totally unsuitable for shellfish cultivation; (2) those where
shellfish may be grown but not eaten; and, finally, (3) definite areas
from which alone shellfish may be sold for food. Provide suitable
penalties for sale of shellfish which have not been kept for the
required time (at least thirty days) in sanitary surroundings before
going to market. The entire question of pollution of streams and
estuaries must be carefully considered in view of the public rights
and of the commercial interests of the fishermen. Further, the laws
must be so carefully drawn that the respective rights and interests of
individual fishermen, shore owners, summer cottagers and the transient
public at the seashore are completely safeguarded against the dangers
of predatory wealth monopolizing the opportunities for cultivating
shellfish in the waters and the tidal flats.
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