SECTION 85. The mayor and aldermen of cities and the selectmen of towns, if so instructed by their cities and towns, may, except as provided in the two preceding sections, control, regulate or prohibit the taking of eels, clams, quahaugs and scallops within the same; and may grant permits prescribing the times and methods of taking eels and such shellfish within such cities and towns and make such other regulations in regard to said fisheries as they may deem expedient. But an inhabitant of the commonwealth, without such permit, may take eels and the shellfish above-named for his own family use from the waters of his own or any other city or town, and may take from the waters of his own city or town any of such shellfish for bait, not exceeding three bushels, including shells, in any one day, subject to the general rules of the mayor and aldermen and selectmen, respectively, as to the times and methods of taking such fish. The provisions of this section shall not authorize the taking of fish in violation of the provisions of sections forty-four and forty-five. Whoever takes any eels or any of said shellfish without such permit, and in violation of the provisions of this section, shall forfeit not less than three nor more than fifty dollars. Responsibility has thus been transferred from the State to the towns, and they alone, through their incompetence and neglect, are to blame for the decline of the shellfisheries. The town laws are miniature copies of the worst features of the State laws. While a few towns have succeeded in enacting fairly good laws, the majority have either passed no shellfish regulations at all, or made matters worse by unintelligent and harmful laws. It is time that a unified system of competent by-laws were enacted and enforced in every town. The ill-advised features which characterize the present town laws are numerous, and are best considered under the following headings:-- (1) _Unintelligent Laws._--One of the worst features of our town shellfish laws is their extreme unfitness. Numerous laws which are absolutely useless for the regulation and improvement of these industries have been made by towns, through men who knew nothing about the shellfisheries. These laws were made without any regard for the practical or biological conditions underlying the shellfish industry. It is to be expected that laws from such a source would often be ill-advised and unintelligent, but under the present system it cannot be avoided. Until sufficient knowledge of the habits and growth of shellfish is acquired by the authorities of State and town, Massachusetts can never expect to have intelligent and profitable shellfish laws. While the majority of these unintelligent laws do no harm, there are some that work hardship to the fishermen and are an injury to the shellfisheries.