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
Any legislation to be most effective must fulfill certain general
conditions. It must be based upon just consideration of the welfare of
all classes legitimately interested in the business, including
shellers, buyers, manufacturers, and the public generally. This is
important, not only because fairness demands it but because it is
manifestly impracticable to enforce a law which is framed in disregard
of economic requirements. A law that makes possible the creation of a
monopoly, or one that drives the buyers and manufacturers from the
territory, or that sacrifices the good of the industry to revenue
production to the State, would be so manifestly unsound that further
comment seems unnecessary.
Nevertheless, the element of sacrifice can not be entirely eliminated.
In this case, as in others, ultimate benefits can scarcely be obtained
without some temporary sacrifice, although it should be aimed to make
the immediate loss felt as little as possible. It is the unwillingness
of individuals to make voluntary sacrifices, independently, for the
good of the mussel beds that makes legislation of any kind necessary.
There is a demand for legislative action only because, in the end, the
welfare of all parties concerned is dependent upon the promotion of
abundant growth of mussels.
Finally an eminently desirable feature of any legislation is that it
shall be so simple, plain, and undebatable as to minimize the
difficulty of enforcement. Coupled with this there must be not only an
effective penalty but machinery of enforcement that will work simply
and certainly.
The measures to be proposed will be considered in the light of these
requirements, together with the basic conditions offered by the natural
history and the conditions of life and reproduction of the mussels.
EXAMINATION OF PROTECTIVE MEASURES.
TWO MEASURES FOR IMMEDIATE APPLICATION.
As appears from the remarks hitherto made, the restrictions which are
immediately required for the preservation of the shell resources are--
(1) The imposition of size limits for the protection of young mussels.
(2) The adoption of a plan of rotation of closed regions, whereby the
mussel beds may be given the best opportunity for propagation and
growth.
We do not at this time advocate any other limitations, and it will be
attempted to show that these are so simple to apply and so promising of
effectual conservation that it is strongly advisable not to complicate
the situation by a needless multiplicity of restrictions. These two
measures will be fully discussed in subsequent sections of the paper.
MEASURES NOT SUITED TO EXISTING CONDITIONS.
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