The Protection of Fresh-Water MusselsCoker, R. E. (Robert Ervin)
Science
The Protection of Fresh-Water Mussels
Coker, R. E. (Robert Ervin)
Fishery law and legislation -- United States; Freshwater mussels
The principal objection to an enforced interruption of the fishery
during a period of months is that it deprives the mussel fishermen of
the right to earn a living by their profession during a portion of each
year. This objection has real weight, and should be overborne only by
decided advantages to be gained from a closed season.
_Restricting the methods of fishery._--The principal implements for
taking mussels are the crowfoot bar, the rake, the fork, the tongs or
scissors fork, the dip net, and the dredge. These several pieces of
apparatus are variously adapted to conditions of depth, rate of
current, and character of bottom, as well as to the aptitudes and
customs of the fishermen. Before a method should be prohibited it
should be known that it can be replaced by one of the more suitable
methods, or else that it is so positively injurious as to require its
elimination. The only implement of capture against which complaints are
generally made is the crowfoot hook, but this is the only method in
general use which is adapted for taking mussels in the deeper water,
and it is probably in more common use than any other method. Perhaps in
time improvements upon this hook will be adopted to lessen its
injuriousness, or other methods capable of replacing it will be better
known. In the light of present conditions it would work an unnecessary
hardship upon a very large number of fishermen to prevent its use,
especially when it appears that the protection of the mussels can be
accomplished by methods more equitable to all concerned.
Still other measures have sometimes been advanced looking to the
limitation of the number of shellers to be permitted to work within a
given territory or to the leasing of shelling rights. Since such
proposals have not yet been offered in connection with any properly
worked-out plan by which serious injustice would be avoided and the
interest of the public safeguarded they may be dismissed with the
remark that it is not simply the protection of mussels that is desired
but the protection of the mussels for human use without interference
with common human rights. The absence of inherent wrong in an idea does
not commend it if it carries within itself the seeds of its own defeat
by a method of application, or a want of method, that allows
opportunity for manifestly unjust and intolerable conditions to arise.
There remains to deal with the necessity for the two measures that are
advocated and to discuss the methods of application. This can be more
adequately done in distinct sections.
SIZE LIMIT--NECESSITY AND APPLICATION.
EXHAUSTIVE NATURE OF THE FISHERY.
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