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
A comparatively simple plan may be suggested under which the most
careful consideration could be given to the local conditions involved
as well as to the rights of the State as a whole. The legislature could
authorize and instruct the proper State authorities, as the State fish
commission, to give due consideration and study to the needs of the
mussel industry and determine what portions of the streams of the State
should be closed to the mussel fishery for a period of years. It could
be further provided that, after the preliminary determination of plans
for closure, due advertisement should be made in all regions affected
and opportunity given for public hearings in such regions, after which
the commission should submit its final recommendations to the governor
of the State, who should then issue a proclamation ordering the entire
interruption of a mussel fishery in the regions selected for closure.
The original legislative act should provide that the proclamation so
made should have the full effect of law, and should specify the
penalties that would be incurred by violations. It is desirable also
that the governor, upon recommendation of the commission, should have
power to reopen the closed regions when such action was judged
necessary.
ENFORCEMENT OF THE LAW.
_Powers of officers._--It is necessary not only that the duty of
enforcement of the law be assigned to specified State officers, but
also that they be expressly given the right to inspect and examine
mussels or shells in the boats or on land and be empowered to seize
mussels or shells held in violation of the law. It is practically
impossible to bring about convictions when the opportunity is allowed
for destruction of the evidence between the time of detection and the
date of trial.
_Permits for special cases._--In cases where for the purposes of
investigations it may be necessary to take small mussels, the State
officers charged with the enforcement of the law should have by law the
right to issue special permits for the taking of undersized mussels for
scientific uses and not for sale.
_Expenses of mussel protection._--The plans which have been advanced in
this report can be carried out with a minimum of expense. The
simplicity of the measures would reduce the trouble and cost of
inspection to the smallest practicable figure. The assignment of the
duties of enforcement to existing State commissions or boards which
already have field deputies or wardens obviates the creation of any
special offices for execution of the mussel laws.
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