FOOTNOTES:

[10] E. Ingersoll, "The Scallop Fishery," United States Fish Commission report, 1881.

[11] United States Department of Agriculture, Farmers' Bulletin 85, 1898.

[12] Statistics taken from the United States Fish Commission reports.

[13] Licenses.

[14] Return of Special Agent William C. Dunham.

[Oyster (Ostrea Virginiana).]

Introduction.

Resolves of 1905, Chapter 73.

Resolved, That the commissioners on fisheries and game are hereby authorized and directed to make a biological investigation and report as to the best methods, conditions and localities for the propagation of oysters under the conditions found in Massachusetts waters. The commissioners may expend for the purposes of this resolve a sum not exceeding five hundred dollars a year for a period of three years.

As authorized by the above act, the Commissioners on Fisheries and Game have conducted experiments of a biological nature upon the oyster. At the start of the investigations, for a proper understanding of the various conditions in the different localities, it was necessary to make a survey of the oyster industry of the State. Recently this survey has been supplemented by sending printed questions to the oystermen, and the whole put in the form of a report, which gives an account of the industry. This first report on the oyster is merely a broad survey of the whole industry of the State, and is preliminary to future reports of a more scientific character.

The Need of a Survey.—In 1879 Mr. Ernest Ingersoll, in his "Monograph on the Oyster,"[15] gave an excellent account of the oyster industry of Massachusetts. Since that time no complete account, either statistical or biological, has been written. Meanwhile, the oyster industry of the State, owing to its steady improvement, has changed in the past twenty-eight years, and what was true of 1879 is not true of 1907. Not only have localities changed and new areas been opened up, but also the whole industry has expanded through the enterprise and business ability of the oystermen, and to-day Massachusetts possesses an oyster fishery which more than doubles the production of 1879. Thus a survey of this fishery, by comparison with that of 1879, shows the changes that have taken place, and gives some idea of the growth of the industry.

It is hoped that this report will furnish sufficient data to give actual knowledge of the conditions of oyster culture in the State, show the success of this industry, and indicate what is essential for its future improvement. It is necessary, in view of the conflict between the quahaug and oyster fisheries, that the public understand the exact situation, and this is possible only through a published account of each industry.

Scope of the Report.—The object of the report is to furnish information which will be of value both to the oysterman and to the consumer. Primarily the report is for the oysterman, showing the extent of the industry in his own locality and in other parts of the coast, where perhaps he is unacquainted with the conditions. While exact facts are presented for the benefit of the oysterman, this report at the same time tries to give a general description of the industry for the consumer, who perhaps knows nothing of the oyster except as an article of food.

The first part of the report has been arranged under the following headings: (1) the natural oyster beds; (2) results of the survey; (3) history of the industry; (4) the oyster laws; (5) the oyster industry; (6) general statistics. The second part considers separately the industry of each town or section.

Methods of Work.—The statistical figures for the oyster industry are reasonably complete as the oyster fishery is on a more systematic business basis than any of the other shellfisheries. Nevertheless, on certain points it was impossible to obtain absolutely correct information, as, for instance, the area of grants, since no survey is made of the grants when leased, and the oysterman himself does not know the exact area of his granted territory. Thus an estimate has to be made by each oysterman of his granted area, and, while this is approximately correct, it cannot be considered as absolutely true.

The statistical returns were compiled by sending to each oysterman in the State a blank form, containing a series of questions, with the request that he would co-operate with the commission by answering. Many oystermen responded with complete answers, thus permitting the commission, through their aid, to publish an extended report on the oyster fishery. However, it was found impossible to obtain complete information from several towns, as a number of oystermen neglected to return these blanks. The return of each oysterman is filed at the office of the Commission on Fisheries and Game, and only the total for each town is published, thus treating as confidential the private business of individuals. The commission expresses a most cordial acknowledgment to the oystermen for their co-operation in this matter.

The other parts of the report were obtained by personal inspection of the oyster beds as to their biological conditions, by means of town records, and interviews with the oystermen. Town records, which should have given the location, number and areas of the grants, proved nearly worthless in most cases, owing to incompleteness, loss and confusion. Owing to the frequent change in selectmen, little if any information could be obtained from this source, as the new selectmen were generally unacquainted with the work of their predecessors concerning the leasing of oyster grants. The grants were often incompletely described, bounds uncertain and the acreage unknown.

The interviews with the individual oystermen furnished more and better information both in regard to the present condition of the industry and the general history for each town.

Personal inspection of the oyster grounds was made, the biological conditions noted and the area of the grants plotted on the accompanying maps. Not all these grants are worked, and parts of the cultivated grants are unfit for oyster raising. The charted area includes all grants, cultivated or uncultivated.

In reviewing the history of the industry, information was obtained from town records, oystermen who had been in the business for years, and various newspapers and periodicals. For a comparison of the oyster industry of 1879 and 1907 the excellent report of Mr. Ernest Ingersoll upon the "Oyster Industry," published in the tenth census of the United States, was used for comparison, and in many places directly quoted. Were it not for this work and the report of A. Howard Clark on the "Fisheries of Massachusetts," it would have been impossible to draw any reliable comparison with the oyster industry of twenty-eight years ago.

Massachusetts as an Oyster State.—Massachusetts is perhaps not so well adapted for oyster culture as it is for clam or quahaug farming, and does not equal other seacoast States in the extent of its oyster industry. Nevertheless, the oyster industry is on a much firmer footing than the other shellfisheries, and is an important adjunct to the wealth of the southern Massachusetts towns.

All the oyster grants, except in the towns of Wellfleet, Eastham and Orleans, are found south of Cape Cod, as the southern shore of Massachusetts alone is adapted for the oyster industry. Along the south side of Cape Cod and in Buzzards Bay the numerous inlets and estuaries afford with their brackish water excellent ground for the cultivation of this bivalve, and many acres which otherwise would be barren have been made productive through the grant system; while the shores of Massachusetts which adjoin the waters of Narragansett Bay possess, in the Taunton, Cole and Lee's rivers, excellent waters for the growth of seed oysters. Thus Massachusetts possesses good facilities for oyster culture, which are capable of a far greater expansion than present conditions indicate.

However well developed the oyster industry is at present, there is plenty of room for improvement. It is the consensus of opinion among the oystermen that the business is developing every year,—a fact that speaks well for its future. Improvements in the oyster industry can arise in three ways: (1) investment of more capital in the business, which will allow more extensive operations; (2) more intensive cultivation of the present grounds; (3) the opening of new areas for oyster culture and the utilization of waters at present useless. Everything indicates that the oyster industry will take advantage of opportunities as soon as they are given.

The Oyster Grant System.—Oyster culture in Massachusetts is the logical result of the failure of the natural oyster beds. When these beds became destitute of oysters through overfishing, it was necessary that means should be used to perpetuate the stock. Oyster planting had been successfully carried on in the States south of Massachusetts, and it was merely a question of experiment whether the oyster would respond to the same methods in Massachusetts. Thus oyster culture arose in this State at first as an experiment, later as an established industry. Grants were given, as through this way only could oyster planting become a success, and the "free fishery" people were forced to bow to public opinion, which decreed that grants should be leased. Thus oyster grants arose from necessity, as in no other way could Massachusetts preserve her oyster supply.

The system of oyster grants and oyster culture, in spite of its many failings, has shown what can be done to preserve and increase a natural shellfish industry if the proper methods are used. Planted beds have furnished enough spawn to maintain the natural beds, which would have long ago been depleted through the inroads of overfishing. They have preserved a fishery which would have disappeared almost completely, and established a better and more extensive industry, not only benefiting the oystermen, but also those indirectly associated with the business, such as teamsters, transportation companies, etc.

In the following report various abuses of the present system of oyster culture will be enumerated, and it is only necessary to state that many evils must be eliminated before the oyster industry can obtain its maximum expansion. Such evils as town politics, disputes with quahaugers, etc., will have to be remedied. The greatest obstacle which now checks the oyster industry is the lack of protection. Until complete protection is given to the oysterman, the industry will never attain to its full development. The removal of the abuses by the organization of the oyster industry of the State under a unified system is the best way to secure proper regulation and improvement of the oyster industry.

The Natural Oyster Beds.

While there has been much discussion whether oysters were ever native in Massachusetts Bay, or merely the result of southern "plants," the consensus of opinion is that there were natural oyster beds in existence when the first settlers came to this coast. Not only do historical records show this, but the remains of the natural beds at the present time indicate that oysters have existed for centuries. Thus there seems to be no reasonable doubt that the northern coast of Massachusetts, as well as the southern, once possessed extensive natural oyster beds.

I. Location of the Natural Oyster Beds.—(1) Parker River.—A natural bed of oysters once existed in the Parker River at Newbury, and even fifty years ago it is said that oysters could still be obtained from this natural bed. About 1882 the experiment of fattening oysters for market was made, and many bushels were bedded on the flats during the summer by an oyster firm at Newbury. These oysters not only grew well, but threw considerable spawn, furnishing a good set in the river. Oyster raising was then tried, but the result was a failure, as the oysters which were planted in too shallow water were killed during the winter.

(2) Mystic and Charles Rivers.—Mr. Ernest Ingersoll states that: "In 1634 William Wood, in his 'New England's Prospect,' speaks of 'a great oyster bank' in Charles River, and another in the 'Mysticke,' each of which obstructed the navigation of its river." He locates the Charles River beds as either off Cambridgeport or near the site of the Boston Museum of Natural History.

Dr. G. W. Field, chairman of this department, in his report in 1902 as biologist to the Charles River Dam Commission, makes the following statement about the Charles River oyster:—

The oyster (Ostrea), formerly abundant, is no longer living, and, from what indications I have been able to gather, probably became extinct within twenty-five years. Their dead shells are brought up by dredging operations. Their peculiar elongated shape is the result of growth being concentrated at the upper end, as a result of their closely crowded position in the bed, or of an attempt to keep the opening above the accumulating mud, and thus avoid being smothered. The fact that there are few signs of small "seed oysters" tends to prove that the bottom was so muddy that they found few places to "set." From the elongated shape of the shells may be inferred that the amount of sedimentation going on in that particular region was rapid during the life of the group of oysters whose shells are to be found in quantities in the material dredged between Harvard and Brookline bridges. This sediment need not necessarily have been sand or clay, or any material which is persistent, but it might have been flocculent organic débris, which remained but a short time and left little or no evidence, beyond its effect upon the shape of the oyster shells.

In the above account Dr. Field not only locates the original oyster beds of Charles River, but also furnishes evidence which indicates the cause of their extinction, i.e., the débris and sewage, or waste poisonous, polluting materials, of a large city emptying into the river. This is not only true of the Charles, but also of the Mystic and Taunton river beds, which have been destroyed in like manner.

(3) Mr. Ernest Ingersoll, in his report on the "Oyster Industry of the United States," in 1880 mentions that natural oyster beds were once at Weymouth, Ipswich, Barnstable and Rowley. Nothing further can be learned concerning these places.

(4) Wellfleet.—An extensive oyster bed was found at Wellfleet Bay, which not only furnished a sufficient supply for the first settlers, but enabled the inhabitants of Wellfleet to carry on a considerable trade by shipping them to Boston and other ports, until it was finally destroyed in 1775. Its destruction was due to overfishing and the utilization of the shells for lime, which soon destroyed the natural bar.

(5) Chatham.—A natural oyster bed once existed in the Oyster Pond, but no trace of it now remains.

(6) Harwich.—Herring River in the town of Harwich still possesses the remnants of a natural oyster bed, as occasionally a few oysters can be gathered along its banks. This bed once comprised a stretch of three-quarters of a mile along the river.

(7) Yarmouth.—The town of Yarmouth once possessed a natural oyster bed in Mill Creek, but this was fished out by 1895 and then granted for oyster culture.

(8) Barnstable.—There is a natural oyster bed at Centerville.

(9) Martha's Vineyard.—Native oysters are said to have existed in the brackish ponds on the south side of the island; a few are found there at the present time.

(10) Falmouth.—A few native oysters are to be found in the salt ponds on the south coast of the town. In Squeteague Pond and Wild Harbor oysters were once native.

Buzzards Bay comprises the best natural oyster territory in the State. At the present time the natural oyster industry has been supplanted by oyster culture, which gradually took the place of the declining natural oyster fishery. While natural beds still exist to some extent, they are, to all practical purposes, extinct. Where once there were extensive areas, now there are only scattering oysters. In many cases the beds have been so completely destroyed that the ground has been granted for oyster culture. That Buzzards Bay is a "natural set area" can be readily seen by the amount of "seed oysters" that are caught by the oystermen who plant shells for the purpose.

(11) Bourne.—(a) Red Brook Harbor.—In 1879 Ernest Ingersoll says:—

On the southern shore of this harbor, about a mile from its head, exists a living bed of natural oysters some 7 acres in extent, under the protection of the town for public benefit. The oysters growing on it are reported to be large, but not of extraordinary size, scalloped and roundish, differing in no respect from aged oysters grown after transplanting to another part of the bay.

In 1907 this natural bed had been reduced to 3 acres, and the unproductive part granted.

(b) Barlow River.—In 1873 an act was passed to protect the oyster fishery in Barlow River, by ordering a closed season of one and one-half years. The passage of this act shows that a natural bed of importance existed in this river, and that even in 1873 the effects of overfishing were apparent. At the present time there are but few native oysters in Barlow River, or, as it is sometimes called, Pocasset River.

(c) Monument River.—A natural bed also existed in Monument River, which became so depleted that about 1875 the river was surveyed and divided into small grants.

(12) Wareham.—(a) Wareham River.—Natural oysters are found in the Wareham or Agawam River, which has been one of the most productive natural beds in the State, and still furnishes a scant living for two or three men. In view of the overfishing, it is surprising that any of the natural oysters have survived, except on reserved areas of the town, which are opened every three or seven years for the capture of "seed."

(b) Weweantit River.—The Weweantit River, which lies between the towns of Wareham and Marion, has a larger and better natural oyster bed than the Wareham River, but this has also been depleted by overfishing, except on the reserved areas of the town of Wareham.

(13) Dartmouth.—A few oysters are found in Slocum's River.

(14) Westport.—Westport River has also a few oysters.

(15) Taunton River, Coles River and Lee's River.—These rivers once had extensive beds of natural oysters, but now are wholly devoted to growing oysters. Old records and laws show how important these natural beds were, and also furnish an excellent illustration of the effects of overfishing combined with water pollution from manufacturing sources.

II. Decline of the Natural Oyster Beds.—The above-mentioned examples furnish abundant proof that the natural oyster beds of the State, which once were sufficient to supply the wants of our forefathers, have declined to such an extent that at the present time but few natural oysters are tonged for the market. Where there were formerly many acres of excellent native oysters, to-day there is scarcely an acre that can be called good oyster fishing, except in a few cases where the towns maintain a nearly perpetual closed season. No proof of the decline is necessary; it is an established fact.

There have been two principal causes which have ruined the natural oyster beds; besides these two,—(1) water pollution and (2) overfishing,—certain geographical changes have doubtless occurred, which have accelerated the decline.

(1) Water Pollution.—The effect of water pollution through the sediment deposited by sewage and manufacturing waste on the natural oyster beds is well illustrated by the destruction of the Charles River beds. This is also shown in a less degree in the Taunton River.

(2) Overfishing.—The primary cause of the decline of the natural oyster beds was overfishing. This is particularly true of the beds south of Cape Cod and in Buzzards Bay, which were of large extent, and unpolluted by manufacturing wastes or sewage. This overfishing has not been the result of the last few years, since records show that as early as 1824 Harwich passed an act to preserve the oyster fishery of the town; and that Sandwich, in the part which is now the town of Bourne, in 1832 passed regulations protecting the natural oyster fishery in Monument River; while at Wellfleet the natural oyster bed was completely exterminated by the year 1775. Overfishing has affected the natural beds in several ways, all of which have worked toward the general decline of the native oyster.

(a) The first settlers took the large oysters from the natural beds, which under normal conditions had all they could do to keep up the supply. In this way the beds were deprived of the spawning oysters, with the result that in spite of the closed seasons, which gave little if any benefit, a gradual decline set in.

(b) At the same time that the oysters were being taken from the beds, the early oystermen through ignorance were making an economic blunder by not returning the shells to the waters. The oyster shells furnish naturally the best surfaces for the collection of "seed," as spat will set only on clean surfaces. By taking the large oysters and with them the shells and other débris from the bed, the natural oyster bars were destroyed and less space given for the spat to catch. So both the taking of the large oysters in excessive amounts and the destruction of the natural spat collectors, either for lime, as was done at Wellfleet, or for other purposes, were sufficient in the early days to cause the decline of the natural oyster beds.

(c) In more recent times the destruction of the natural beds has been hastened by the taking of the small oysters. This practice was due to two reasons: (1) the supply of large oysters was exhausted; (2) oyster culture became important, and the natural beds were raked clean for "seed" which the oystermen obtained for planting on their grants. Thus the oyster grant system has been the chief cause of the destruction of the natural beds in the last forty years. It was only when the natural beds failed that grants were given, and so oyster culture cannot be considered the primary cause of the destruction of the natural beds, but only a later agency in their total extermination. The natural beds in Buzzards Bay all bear testimony to these three means of overfishing, and in recent years particularly to the last.

It has been a most fortunate thing for Massachusetts that the oyster grant system was inaugurated as soon as the decline of the natural fishery became manifest, else at the present time there would be no oysters in the State, for it is recognized that the present natural beds are perpetuated by the spawn which comes from the various oyster grants. Foresight has indeed provided an excellent oyster industry, which is rapidly improving. It is only necessary to apply similar methods of culture to the other shellfish industries of the State to insure their future also; otherwise the decline, which is following the same steps as the destruction of the natural oyster beds, will lead to the commercial extinction of these valuable fisheries.

Results of the Survey.

The survey of the oyster industry has shown several interesting facts which should be brought to the attention of the fishermen and consumers. In the first place, it has shown that the oyster fishery is a larger and more important industry than it has been commonly considered, and that the welfare of the shore fisheries of southern Massachusetts depends upon its maintenance. Secondly, the oyster industry is to-day in a position where it cannot reach its full development for the reason merely that the present laws do not encourage the expansion of the industry. Thirdly, the oyster industry is trammeled by certain abuses, chiefly of a legal nature, which hinder its development, and upon the abolition of which depends its future success. Fourthly, the oyster industry under present conditions encroaches to some extent upon the other shellfish rights, especially in relation to the quahaug fishery, and has caused much jealous feeling; but if properly regulated there should be room for both industries.

In order to obtain the opinion of the oystermen concerning the present abuses of the oyster industry, and how these could be best remedied, the following question was asked of the individual planters: "What measures or laws would, in your opinion, be best adapted for the improvement of the oyster industry?" Although many neglected to answer this question, forty-three opinions were offered, dealing with the problems which the oystermen consider as needing attention and upon which the welfare of the industry depends. These answers have been arranged in tabular form, showing the number of oystermen who advocate certain measures.

Measures suggested.

Present laws satisfactory,11
Direct State control of oyster industry,11
Town control, with right of appeal to the department of fisheries and game,1
Longer length of lease,4
More certainty of re-leasing grants if improved,7
More protection for industry,4
Right to grow all kinds of shellfish,1
More ground for cultivation,1
State to forbid marketing of oysters from contaminated waters,1
Provision for destruction of starfish,2
Total,43

While these answers show a diversity of ideas, about 75 per cent. urge that something be done to improve the present system, and, while many are in favor of placing the industry under State control, the majority is definitely of the opinion that the present system of town control is proving a serious drawback to the oyster industry. The best interests of the oysterman and the consumer demand a better method of regulation of this industry. As long as town politics, partiality and carelessness enter into the leasing of oyster grants, and thus deprive certain people of their rights, it is safe to say that the oyster industry can never get beyond its present state of development. One solution of the difficulty might be full State control of leasing the grounds for the oyster industry. This is possibly too radical a step at present, and the system can perhaps be so adjusted as to remedy its defects without taking the control of the fishery entirely away from the hands of the town. Another solution is to continue the system of town control, but to have a State commission which would act as a board of appeal for all who felt aggrieved at the judgment of the selectmen.

The advisability of ten-year grants has caused much comment among the oystermen. Practically all grants are now given for this period of time. As a system it is deservedly unpopular, since it does not help the quahaug interest, and it checks the development of the oyster industry. The oyster business, unlike the other branches of shellfish culture, requires a considerable capital. This system of ten-year grants operates directly to discourage the outlay of capital. If the oysterman were sure of reaping the benefits of his labor and capital, it would be to his selfish interest to develop his own grant to its maximum capacity. But what far-sighted business man will invest money in a business which stands a good chance of being completely "wiped out" in a few years? Again, this system makes three years out of the ten practically worthless. The oysterman usually "seeds" his grant about three years before he expects to reap his harvest; but when his grant has run for seven years, it is evident that he will plant no more oysters because of the uncertainty of obtaining a second lease, and naturally does not desire to invest his labor and money for the benefit of an unknown successor.

The remedy for this is not difficult. If a grant were rented annually as long as the planter desired to hold it, to be forfeited if not improved to a certain standard (to be decided upon), or for non-payment of rent, the difficulties above enumerated would disappear. Much of the territory now held unimproved would either be brought up to a standard of excellence or given over to the quahaugers, and in either case direct benefits would result. If legislation were so arranged that any man might take, by the payment of a nominal rent, a small piece of ground, which he could hold as long as he improved it, the oyster industry could be put on a firmer footing; a man confident of enjoying the fruits of his labors could thus improve his grant, and, as he acquired skill and knowledge, could add other land and ultimately expect to build up a successful business.

A third important suggestion relates to the marketing of oysters in a sanitary condition. The oyster industry of the State has suffered severely because of the scare resulting from the marketing of oysters from contaminated waters. The Cape and Buzzards Bay oysters are in general free from all sewage contamination, and should not be considered on the same basis as the impure varieties from outside the State. Naturally, the Massachusetts oystermen desire that there be some guarantee for the purity of the oysters marketed, as their interests suffer because this impure stock is often sold under the name of the Cape oyster. If laws were passed requiring the inspection and certification of marketed oysters in regard to healthful conditions under which they have been produced, both the oyster planter and the consumer would be benefited.

There is but little doubt that the oyster industry can be still further developed by opening waste territory which at this time does not appear available, since under existing conditions proper capital cannot be induced to enter the business. The oyster industry demands more attention than it has hitherto received, and must be considered an important asset of the Commonwealth.

History of the Industry.

Although the oyster laws are the mile-stones which mark the progress of the oyster industry, and any consideration of the development of these laws naturally gives many historical features, it is nevertheless necessary, at the risk of repetition, to give a separate account of the history of the oyster fishery. The Massachusetts oyster fishery can be divided historically into three distinct periods: (1) the free fishing period; (2) the period of bedding southern oysters; (3) the period of oyster grants.

(1) The Free Native Fishery (1620-1840).—In the early colonial days the oyster fishery was considered in the same way as the other shellfisheries are now looked upon, i.e., held to be the common property of the inhabitants of the Commonwealth. The natural supply was abundant enough to meet the needs of all the inhabitants, and for many years no signs of decline were manifest. In 1775 the natural beds of Wellfleet gave out, furnishing the first record of unmistakable decline. From that time there arose an extensive series of protective laws, with the one object of preserving the natural supply by limiting the demand. This policy of protective laws, though perhaps temporarily beneficial, was based on an erroneous principle. It was preventive, but not constructive, and did not build up the demolished fishery.

(2) Oyster Bedding (1840-70).—With the decline of the natural beds, the practice of bedding southern "plants" became an important part of the oyster trade. The southern oysters were bedded on the flats in the spring and taken up for market in the fall. Salem, Wellfleet and Boston were the leading places in this new phase of the oyster industry, and many thousand bushels were annually planted.

(3) Oyster Grants (1870-1908).—So successful was this summer bedding of southern oysters that experiments were soon made in rearing oysters. This proved successful from the start, and within a few years the extensive grant system which is now in vogue was inaugurated on Cape Cod and Buzzards Bay.

These three methods, although separated by definite periods in which each have been the leaders, remain to a greater or less extent at the present day. The natural beds are still in existence, and, as at Wareham, are opened once in three or seven years, according to the discretion of the selectmen, for catching "seed." The summer bedding of oysters still continues, as certain planters find it more profitable to fatten than to grow oysters, and the oyster grant system is now in full operation.

A comparison of the industry of 1907 with that of 1879 shows several changes. These changes are for the most part improvements which have arisen with the development of the industry. In some cases the changes have been detrimental, and a few localities have shown a decline. New fields have opened to the oysterman both in new localities and through the extension of the present beds. On the whole, there has been a great increase in the grant system of oyster culture, while the "bedding" of southern "plants," which in 1879 employed many men, boats and extensive capital, has practically disappeared. The annual production has increased gradually, and for 1906-07 is approximately five times as large as in 1879. The following figures, except for 1907, are taken from the United States Fish Commission's reports, and show the gradual increase in production:—

Year.Bushels.Value.Year.Bushels.Value.
1879,36,000$41,8001898,101,225$156,235
1887,43,18364,1151902,103,386133,682
1888,45,63166,4531907,[16]161,182176,142

The Oyster Laws.

In submitting a complete report upon the oyster industry, the oyster laws, which have played an important part in the development of the fishery, cannot be totally neglected. However, so important a subject demands separate investigation, and offers excellent opportunities for legal research. Therefore it is not the purpose of this report to give more than a brief account of the present oyster laws and their history.

The shellfish laws of Massachusetts constitute the foundation of the oyster industry, as they have taken a practically extinct native fishery and have built up the present extensive business. So closely are they connected with its welfare that the future of this growing industry depends upon the proper expansion of these laws to meet the new conditions.

A survey of these oyster laws, with an analysis of their merits and defects, is needed. Their defects have brought about the present unsatisfactory situation in certain localities, and should be remedied. Their merits should be strengthened and amplified, as the basis of future expansion. They have come into being from time to time, in response to the immediate need of the hour; consequently they have no unity, and are, indeed, but imperfectly understood. An insight into their perplexing details should bring out many inconsistencies. Again, no comprehensive knowledge of the history of the industry is possible without a study of the laws. The errors once committed need not be repeated to further embarrass the industry, and the lessons learned by experience would be well applied to its future development.

Protective and Constructive Laws.—The oyster laws can be divided into two classes: (1) protective; and (2) constructive. The early laws, which were passed to save the natural supply, were of the first class; while the laws establishing the present system of oyster culture come under the second heading. The beginnings of all legislative enactment arose in the treatment of the natural oyster beds. These beds were fast becoming exhausted, when laws were passed to protect their important natural resources. This measure was only partially successful. It did succeed in preserving the remnant of those old beds from destruction, but it was powerless to build up an industry of any extent. When it became clearly evident that no possible fostering of native resources could supply the growing demands of the market, legislation quite logically directed itself toward the artificial propagation of oysters. From this step arose a series of problems which long proved baffling, and still engross a great deal of public attention. The artificial propagation of oysters necessitated the leasing of grants in tidal waters. This giving up of public property to private individuals aroused the opposition of rival shellfish industries, who saw in this measure a curtailment of their resources. Numerous other difficulties of minor significance arose from time to time, all demanding attention at the hands of the Legislature.

Apart from the general supervision of the oyster industry, there have been two other sources of legislative enactment. First, special laws have been called for to regulate the fishery in certain waters under the oversight of the State Board of Health. Secondly, during the past few years the attention of the Legislature has been directed towards the development of the oyster fishery as an important asset of the Commonwealth, and laws authorizing various experiments, both scientific and practical, have been passed in order to devise methods of increasing and developing the industry.

I. Protective Laws.—The history of the oyster laws of Massachusetts is a history of the industry itself. The rise and decline of the fishery are distinctly traceable in the development of the legal machinery which regulates it. From the time of the Pilgrims the oyster beds of the coast had been regarded as inexhaustible mines. The fallacy of this view gradually became apparent, as these beds began to be depleted through overfishing. As early as 1796 a general law, entitled "An act to prevent the destruction of oysters and other shellfish," was passed by the Legislature. Prior to 1869 the town of Harwich adopted this old law. Shortly after, Swansea followed suit, and restricted the exploitation of her native oyster beds in the Lee and Cole rivers. In 1870 Wellfleet inaugurated an innovation, in the nature of a permit to take oysters, which was required of all citizens of the town. The idea of this permit was to regulate the fishery, centralize control in the hands of the selectmen and add to the income of the town. In 1873 Sandwich passed a law enforcing a close season on all her native beds, to last for a period of one year. In 1875 Brewster followed the lead of Wellfleet, in demanding permits of all outsiders and also from all citizens taking more than 3 bushels at any one time, although an unlimited amount might be taken for food.

The aim of all this legislation was not to develop the industry directly, but indirectly by preserving and fostering the native beds. This theory, while excellent in motive, did not work out well, as the native beds could not by any possible protection be brought to produce an annual yield at all adequate to the growing demands of the market.

The utilization of purely natural resources proving unequal to the demands of the occasion, the creation of other resources became necessary, and an entirely new epoch in the history of the oyster fishery was inaugurated. This epoch marked the beginning of the production of oysters by artificial means, and the establishment of this new industry and the perplexing complications which grew out of it have been the source of legislative strife for many years.

II. Constructive Laws.—The first legislation authorizing the present system of oyster culture was instituted at Swansea, in 1869. This was the beginning and the foundation of a broad movement of oyster culture which spread rapidly along the southern coast of the State. This curious law allowed the selectmen to sell, by public or private sale, the oyster privilege of Swansea outright to any person or persons who were citizens of the town. The measure, although apparently designed to restrict the exhaustion of the native resources, did not tend to develop the industry. It possessed one element of value, i.e., it increased the revenue of the town. Apart from its interest as the forerunner of artificial propagation of oysters, this old law is noteworthy, as it forms the basis of the system which to-day regulates the industry in that section of the country. The custom of selling an extensive oyster privilege, as apart from the system of leasing grants, first clearly outlined in the law of 1869, still holds throughout this section. It remains the usual custom to sell either the whole of a township's available oyster territory, or else an extensive part of it, to one man for a lump sum per year.

In 1874 an important step occurred in the evolution of the oyster industry. Swansea and Somerset were given the privilege of granting any of their bays, shores, banks and creeks for the propagation of oysters. This act was far more sweeping and advanced than any of its predecessors, but it was in one respect too sweeping. It interfered with the rights of the property owners along the shore, and was therefore contrary to the general underlying principle of the State law, which allows the cultivation of oysters only in so far as such cultivation does not interfere with the vested rights of all citizens alike. The measure proved untenable, and was promptly repealed. Its repeal was on general principles a thing to be desired, but nevertheless a blow to the industry. The tidal waters along the coast have always been the most valuable part of the oyster territory, as they have proved to be the best adapted for obtaining "oyster set." This measure was therefore designed to aid the oyster growers, and give them valuable privileges which belonged originally to the adjoining property owners. Even to the present day the dividing line between the rights of property owners and oystermen has remained an unsettled question.

It was about this time that the close season proved a failure in Buzzards Bay, and the towns of Wareham, Bourne and Marion turned their attention toward the establishment of an oyster industry. This attempt became a settled policy of these towns about 1875.

In 1878 a peculiar act was passed, making it unlawful for any person to remove oysters from any grant, even his own, between the hours of sunset and sunrise. This act was necessary for the protection of the oyster planters, by preventing the stealing of oysters from the grant at night. Various efforts had been made to protect grants from such attacks, but the extreme difficulty of detection was always an insuperable obstacle to proper enforcement, and it was deemed expedient to prohibit all fishing at night. That this problem had become an important one is shown by the title of the law, which was styled "An act for the better protection of the oyster fisheries in this commonwealth."

In 1884 an important act was passed, enlarging the limits of that territory which might lawfully be used for the cultivation of oysters. Practically all communal waters outside the jurisdiction of adjacent land owners was thrown open for oyster grants.

In 1885 the institution of a public hearing was inaugurated. This was a concession to the hostile quahaug element, and allowed the public the opportunity of protesting against the granting of territory for oyster culture; nevertheless, the final power really remained in the hands of the selectmen. A further concession to this element was the law which called for the revoking of grants within two years if unimproved. The interests of the oystermen were also kept in sight, and legislation passed which was designed to protect grants still more from the depredations of outsiders. Provision was likewise made for the proper enforcement of these laws, and the penalties attached were increased.

In 1886 an act was passed which was designed to do away with all possible outside monopoly. The danger of organized capital acquiring control of a large tract and excluding small individual planters had become apparent, and this means was taken to guard against it. The act prohibited the transfer of grants in any township to any person not a citizen of that township; thus, if any monopoly did exist it would be restricted to only one township. The limits during which fishing on grants might be carried on was lengthened two hours, so that it read from "one hour before sunrise to one hour after sunset."

In 1892 the town of Yarmouth obtained a law requiring a permit for citizens to take oysters from native beds, not exceeding 2 bushels per week, from September 1 to June 1. This is now the only town in the Commonwealth to require such a permit from citizens.

In 1895 legislation was passed relative to the proper definition of the boundaries of grants. This was rendered necessary because of the haphazard methods hitherto pursued in giving grants with very indefinite boundaries. Mean low-water mark was fixed as the shoreward boundary of grants, while mean high-water mark was defined as the limit to which shells might be placed to catch the set. This, however, was dependent upon the owners of the adjacent property, and their consent was held necessary before this territory between high and low water could thus be utilized.

In 1901 special legislation was passed, restricting the catching of oysters in contaminated waters except for bait.

In 1904 authority was granted to proper officials to develop the oyster industry by planting shellfish, or by close season.

In 1905 the Fish and Game Commission was authorized to expend a sum not exceeding $500 per annum for the investigation of the oyster, by experiment or otherwise, with a view to developing the industry.

The development of the oyster laws has been by a process of evolution. They have kept pace with the growth of the industry, and have been in fact the logical outcome of that expansion. The various acts which go to make up the bulk of this legislation have been passed from time to time to fill the immediate demands of the hour, and consequently lack that unity and consistency which might otherwise characterize them. Changing conditions have called for alterations in the legal machinery, as the industry has expanded, to meet new requirements. These additions have frequently been dictated by short-sighted policy, and the Commonwealth as a whole has often been lost sight of in the welfare of the community.

Of all the shellfisheries, the oyster industry is most hampered by unwise legislation. It is the most difficult to handle, because it presents many perplexing phases from which the others are free. Clams, quahaugs and scallops flourish in their respective territories, and legislation merely tends to regulate their exploitation or marketing. With the oyster, however, other problems have arisen. The areas in the State where oysters grow naturally are few in number and relatively of small importance. The clam, quahaug and scallop grounds are to be compared with wild pastures and meadows, which yield their harvests without cultivation; while the oyster grants are gardens, which must be planted and carefully tended.

With this distinction arises another question, of far-reaching significance,—the question of private ownership. The quahaug, clam and scallop fisheries demand that the tidal flats and waters be held in common as communal interests, and freely open to all citizens of the town; the oyster fishery requires that certain portions of these flats and waters be set aside for private ownership. With the economic questions involved in this discussion it is not the purpose of this report to deal. There is one fact, in any case, which cannot be argued away. The oyster industry is dependent solely upon private ownership of grants. If, therefore, the oyster industry is to be encouraged at all,—and it certainly has very great possibilities,—this fact of private ownership must be accepted at once. If, as some assert, it is an evil, it is a necessary evil, and it has come to stay. The questions remaining for legislation on this subject are the proper regulation of this private ownership, so as to give the maximum of encouragement to the oyster fishery, and the minimum of danger to the rival shellfish industries.

The oyster and quahaug industries openly clash. This is an unfortunate occurrence, but it cannot be avoided, since the ground suitable for the culture of oysters is almost always the natural home of the quahaug. Therefore, when portions of this ground are given out to private individuals for the production of oysters, the available quahaug territory is necessarily reduced. Over this question endless disputes have arisen. The problem is undoubtedly one requiring delicate adjustment; but there is no reason why these two industries should not flourish side by side, as there would be plenty of room for both if all the available territory were properly utilized.

There is one important feature of this problem, however, which the present laws have wholly failed to recognize. Wherever practicable, the best of the quahaug territory should not be granted; and as far as possible, the oystermen should utilize only those tracts of territory which are not naturally very productive of quahaugs.

The Oyster Industry.

For the benefit of those who perhaps are not familiar with the methods employed in the oyster industry, the following brief account is given:—

I. Selecting the Grant.—The oysterman, in selecting a grant, has to consider first the nature of the soil; and secondly, the location as influencing the growth of the oyster. Not less important is the quality of the oyster, which means not only a good price, but also readiness of sale, as the oysters produced in certain localities are especially desirable in appearance and flavor.

As the oyster will not grow on all kinds of bottom, but demands a firm soil, free from soft mud and shifting sand, the oyster area of the State is naturally limited. Usually but part of an oysterman's grant is suitable for the cultivation of oysters, and he is forced to let the rest of the territory lie idle, unless he can, with shells or gravel, artificially change this waste area into suitable ground. Shifting sand perhaps can never be made suitable for oysters; but many acres of soft mud can be made productive, if the oysterman only has a reasonable guarantee that he would receive the results of his labor.

While the oyster culture is limited by the nature of the bottom, it is also restricted by other conditions. The salinity of the water has much to do with the rapidity of growth, and the oysters seem to thrive in localities where a slight amount of fresh water enters. The amount of food in the water is the principal factor in the rate of growth, and to this is due the fact that the rate of growth varies considerably in different localities. As a rule, the beds with good circulation of water (i.e., currents) show the more rapid growth.

II. Collecting the "Seed."—The term "seed" is applied to one, two, three and even four year old oysters which the oystermen plant on their grants. These grants are in reality salt-water gardens, requiring constant supervision; and the obtaining of the "seed" for planting is a most important consideration. The gathering of the oyster "seed" is a simple process, but one which requires much research.

Early in the summer, usually during the months of June and July in these waters, the Massachusetts oyster spawns. Both sperm from the adult male and the eggs from the adult female oysters are extruded in considerable quantities into the water, and there the eggs are fertilized. As fertilization is somewhat a matter of accident, undoubtedly the great majority of eggs never develop. The fertilized eggs pass rapidly through various changes in the course of a few hours, and emerge as microscopic embryos, with thin, transparent coverings. At this period these forms are free swimming, and are found in great numbers in the water. They are extremely delicate, and great quantities are destroyed by natural agencies, such as cold storms, sudden changes in temperature, etc. They likewise are subject to the depredations of all sorts of marine creatures, and comparatively few in proportion survive. The survivors, after leading this free-swimming existence for several days, settle to the bottom, where they attach themselves by a calcareous fixative to stones, shells, pieces of wood, etc. Here, unless buried by silt and soft mud or killed by exposure, poisonous pollution, etc., the young oyster rapidly becomes of a size suitable for planting.

The economic utilization of this scientific knowledge is as follows: shells offer a very good surface for the attachment of the young oyster, and many thousand bushels are annually strewn over the bottom previous to the spawning season. Considerable judgment is needed in choosing the right time to plant these shells, which after a few weeks in the water become so coated with slime that fixation of the "spat" becomes impossible. In Massachusetts the area between high and low water mark has been found by experiment to be the most valuable territory for this purpose, as shells planted here collect the heaviest set and can be handled with the least expense. A projecting sand bar or point with a current is also well adapted for catching oyster spat.

The scallop shell is the most serviceable in spat collecting, because it is more brittle, and the clusters of oysters when attached are readily broken apart. After the oysterman has obtained a successful set, he allows the young oysters to obtain a suitable growth before he makes a final planting, either in the spring or fall.

III. Size of the "Seed" used for Planting.—While many oysters are raised from native spat in the Buzzards Bay district, the greater part of the seed is purchased in Connecticut and Long Island, and is carried in schooners or steamers to Massachusetts waters. The usual price ranges from 35 cents to $1 per bushel, according to size and quality. The oystermen cannot always choose the size of "seed" they desire for planting, as the set of any one year is very uncertain, and several seasons may pass before a large quantity of "seed" can be obtained. Thus the oyster planters are forced to take whatever size they can obtain, whether it be two, three or four year old "seed." As a rule, the small "seed" is most in demand, as it means relatively faster growth and less money invested. Often, when the ground is most favorable for fattening, large oysters are preferred for planting, and certain oystermen make this line of work a specialty. Certain localities where there is plenty of lime in the water are well adapted for growth, and yet produce poor-"meated" oysters, while in other grounds the reverse is true. The oystermen occasionally by a double transfer utilize both grounds, planting oyster "seed" for the first few years in the rapid-growing localities, and then transplanting the large oysters to the "fattening" ground six months before marketing.

IV. Preparing the Grant.—The first step in preparing the grant is to remove all débris. In the deep water, this is usually done by dredging; in the shallow water, by whatever means is the easiest. If the bottom is of firm soil, the grant is then ready for planting; however, if the soil is soft mud, it is necessary to shell the bottom in order to give it greater firmness. The oysterman continually has to keep a sharp lookout in order to protect his grant from enemies such as the starfish and the oyster drill, and to keep it clear of seaweed and other matter which would interfere with the growth of the oyster.

V. Sowing the "Seed."—The "seed" oysters are planted on the prepared bed by scattering them with shovels or scoops from the boats and scows. The oysterman, knowing the maximum amount of "seed" the bed will grow to the best advantage, plants the required number, taking care that the oysters are properly scattered, as for the best growth oysters should lie separate and not in crowded masses. The amount of "seed" that can be planted on a given area depends upon the natural conditions of the locality.

VI. Enemies.—The oyster, having passed through the countless dangers of his embryonic career, is still harassed by several enemies. Of these, the most destructive is the starfish. This animal, commonly known as the "five-finger," occurs along the entire Massachusetts coast, and is especially abundant in Buzzards Bay. Occasionally whole oyster beds are wiped out by this pest, which sweeps over the ground in vast armies. The method of attack of the starfish is unique. By exerting with its tube feet a steady pull in opposite directions on both valves of the shell of the victim, the starfish tires the contracted muscle of the oyster, and the shells open. The starfish then extrudes its stomach so as to enwrap the prey, and in this curious manner devours the oyster.

A close second to the starfish in amount of damage is the oyster "drill" or "borer" (Urosalpinx cinerea). This little mollusk with its rasping tongue drills a small hole through the shell of the oyster, and then sucks out the contents.

A third enemy, according to the oyster planters, is the "winkle" (Fulgur carica and F. caniculatus). The method of attack is somewhat obscure.

Besides this dangerous trio of living enemies, the oyster is subject to constant peril from inanimate agencies. Probably the greatest of these is shifting bottom. Where oysters are grown on sandy soil, the violent waves of winter storms frequently tear up the bottom, or else the force of currents is such as to kill the oysters by completely burying them in the sand. Again, if the oysters are growing in very muddy bottom they are constantly liable to be smothered in the slimy ooze. Ice in winter frequently tears oysters from their beds and bears them to some unfavorable environment, where they soon die.

VII. Harvesting the Oysters.—The oysterman completes his planting about June 1. During the summer months, the growing period of the oyster, the grants remain idle except for the care and supervision of the oystermen. As the oyster takes from three to five years to attain its growth, the oysterman practically harvests but one-fourth to one-third of his entire stock each year, beginning about September 1 and continuing through the winter as the weather permits.

In winter the oysterman, to keep up the market supply, beds "culled" oysters near the shore, where he can tong them through the ice whenever it is impossible to obtain oysters from his grant.

The implements used in gathering the oyster harvest are of three kinds: tongs, dredges and rakes. Tongs are employed principally by the smaller oyster growers, and on ground where the water is comparatively shallow. A pair of tongs is really a pair of long-handled rakes, fastened together like a pair of shears. The pole, corresponding to the blade of the shears, varies from 8 to 16 feet in length. The rakes, some 2 to 2½ feet broad, are so fitted to the end of the poles that when extended by spreading the handles they rest upon the bottom parallel to each other. These tongs are usually worked from skiffs or flat-bottomed boats, the oystermen first separating the tips of the handles and then bringing them together, thus causing a corresponding movement of the two rakes, which with their 2-inch iron teeth gather in all the intervening oysters. The tongs with their burden of oysters are then lifted into the boat, emptied, and the process repeated.

Dredging is a much faster and less laborious method of oystering than tonging, and can be carried on over a much larger territory. The oyster dredge consists of a bag of woven iron rings attached to an iron framework. From each corner of the framework iron rods extend, converging at a point some feet away. At this point the rope is attached, by which the dredge is dragged from either a sail or power boat. The blade, resting horizontally on the surface, is armed with teeth which rake the oysters into the bag. When this bag, which holds from 3 to 8 bushels, is full, the dredge is raised, usually by a windlass worked by steam, gasolene or hand power, as the case may be, its contents dumped out and the dredge lowered for another haul.

Rakes, the third implement in general use, are not employed as extensively as tongs or dredges, but are used in still water, where the bottom is suitable.

VIII. Marketing.—The "catch" as soon as it is dredged or tonged is brought in boats to the oyster houses, where men with hatchets or similar implements break apart the clustered oysters and cast aside the empty shells, bits of rock, etc. Three different varieties of marketable oysters are usually sorted out, according to size: (1) large, (2) medium and (3) small. The respective sizes vary somewhat with the locality, demands of the market and the season; but the large oysters commonly count about 900 to the barrel, the medium 1,000 or more, while the small run 1,200 or over.

The different sizes as they are sorted out are packed in barrels and are then ready for shipment. The principal markets are of course New York and Boston, though the demand farther inland is increasing, and shipments to Chicago or places even farther west are frequently made.

General Statistics.

The following facts concerning the oyster industry have been compiled from the written statements of the different oystermen. Complete returns have not been received from Wareham, Barnstable, and Falmouth, while possibly a few oystermen in the other towns have been overlooked. Falmouth raises but few oysters for the market and these returns have been recorded, the remaining oystermen merely planting for their own use. In the towns of Barnstable and Wareham about four-fifths of the oystermen have made returns. The facts given in the following tables are based only on the returns at hand, and therefore do not give a complete report for these two towns.

Statistical Summary.

Town.Number of Grants.Area of Worked Grants (Acres).Number of Men.
Total.Worked.Total.Suitable.Unsuitable.
Wellfleet,352396781015714
Chatham,212165551020
Dennis-Yarmouth,421010—3
Barnstable,29291881216733
Falmouth,2264423215
Bourne,13542100831721
Wareham,125701961593726
Fall River district,141481051030036
Nantucket,21203171
Total,3872082,4001,774626159

Capital invested.

Town.Boats.Implements.Shore Property.Bedded Oysters.Total.
Wellfleet,$10,115$575$1,200$19,500$31,390
Chatham,1,6953131,22523,30026,533
Dennis-Yarmouth,25501005,0005,175
Barnstable,5,2691,1394,30028,85039,558
Falmouth,1,5251051,0004503,080
Bourne,5,51548315018,30024,448
Wareham,9,3551,1202,42027,72540,620
Fall River district,19,8402,0006,20068,50096,540
Nantucket,51815258001,358
Total,$53,857$5,800$16,620$192,425$268,702

Production of 1906-07.

Town.Marketable Oysters.Seed Oysters.Total Value.
Bushels.Value.Bushels.Value.
Wellfleet,22,500$24,8501,000$1,000$25,850
Chatham,14,55023,987——23,987
Dennis-Yarmouth,1,0001,500——1,500
Barnstable,25,85048,05010010048,150
Falmouth,3,0126,025——6,025
Bourne,2,1004,10023,00015,00019,100
Wareham,7,77012,79022,10012,09024,880
Fall River district,38,00026,250——26,250
Nantucket,200400——400
Total,114,982$147,95246,200$28,190$176,142

Sectional Arrangement of Towns.

Wellfleet.

For the past thirty years there has been an extensive oyster industry at Wellfleet, and many grants have been taken out in the waters of Wellfleet Bay, which possesses some of the best oyster ground in the State. In spite of the success of the past years, the industry is declining, indicating, possibly, that after 1910 no more grants will be leased.

Four parts of the bay are taken up by oyster grants in the vicinity of: (1) Mayo's Beach; (2) Great Island; (3) Indian Neck; (4) Lieutenant's Island.

(1) Nine grants, covering an area of 176 acres of both flats and deeper water, extend out from Mayo's Beach a distance of 1,500 feet. These grants extend along shore from Commercial Wharf to Egg Island, a distance of 3,500 feet. Seven of these grants have each a shore extension of 200 feet, the other 2 having 600 and 1,500 feet respectively. The principal planting on these grants is done by D. Atwood & Co.

(2) On the west side of the bay, along the shores of Great Island and Beach Hill, there are 7 grants which are now worked. Originally there were 12 grants in this locality, but 5 of them expired some time ago. The area included in these 5 grants is 500 acres, while the entire granted area covers 708 acres. Wright & Willis, R. R. Higgins and L. D. Baker have done most of the planting on these grants in the past few years.

(3) On the east side of the bay, near Indian Neck, are 5 grants, comprising 224 acres. J. A. Stubbs does all the planting here. A single grant of 11 acres of flats is held in Duck Creek Cove by J. C. Wiles. These grants extend along the shore for 2,000 yards and run out into the bay for 1,000 yards.

(4) Off Lieutenant's Island are 8 grants, comprising a total area of 1,062 acres. Only 3 of these, comprising 559 acres, are now worked. Joseph Crosby of Osterville is the principal planter on these grants.

From the statistical returns of the oyster planters it is found that 23 grants are now held for oyster planting, comprising an area of 967 acres; 810 acres, or 83 per cent. of this area, is suitable for oyster culture. There is very little soft mud bottom, only 82 acres, while the shifting sand area is 75 acres.

The total area of grants ever leased at Wellfleet comprises 2,182 acres, of which 1,473 are now held. The average depth of water over these grants at mean low tide is 4 feet, the extremes running from 1 to 12 feet.

Capital invested,$31,390
Power boats,4
Value of power boats,$9,250
Sail boats,4
Value of sail boats,$750
Dories and skiffs,8
Value of dories and skiffs,$115
Implements:—
Dredges,14
Tongs,12
Value of implements,$575
Value of shore property,$1,200
Value of oysters on grant,$19,500

Most of the oystering is done by dredging, two large gasolene oyster boats, the "Cultivator" and the "Marion," being employed for this purpose. Tongs are also used extensively. Fourteen men are engaged from six to twelve months each year in the oyster business.

The production for 1906-07 was 22,500 bushels of marketable oysters, valued at $24,850; and 1,000 bushels of "seed," worth approximately $1,000. Most of the planted "seed" is obtained from Long Island and Connecticut.

The damage from the natural enemies of the oyster is reported as very slight.

The Wellfleet oyster has a peculiar salty flavor not possessed by other oysters. For some trade this is preferred, while for others it is not so desirable. Before marketing the extreme saltiness is sometimes removed by floating the oysters in Duck Creek, where the water is less salt, using large, scow-like floats, 30 by 15 feet.

Several Boston firms are engaged in oyster culture at Wellfleet, including D. Atwood & Co., J. A. Stubbs and R. R. Higgins.

For years there has been a conflict between the quahaugers and the oystermen at Wellfleet. This is very natural, owing to the rivalry between the two industries and the rapid rise of the quahaug fishery in the last fifteen years. Owing to their greater number, the quahaugers have obtained the upper hand in town affairs, with the result that in 1910, when all the oyster leases run out, it is said that no more will be granted, and the oyster business of Wellfleet will come to an end. This is especially unfortunate for the town, as there is room for both industries, and the destruction of either one would be a great financial loss. It is hoped that some means can be devised to straighten out the difficulties between the opposing factions before either industry is ruined.

But little oyster spat has ever been caught in Wellfleet Bay. That oysters will set there is evidenced by the young "seed" caught on the piles of the wharves and on stones and rocks around the harbor. It is noteworthy that at Wellfleet the spat sets only between the tide lines, and does not catch where water is constantly over the ground. This is directly contrary to the conditions in Long Island Sound, where the set is caught in deep water. E. P. Cook and J. A. Stubbs have tried spat collecting in Herring River for several years, with the results of one or two good sets, the best being caught by Mr. Cook in 1906. The other years have proved failures in this line. There is no question but that oyster spat can be profitably caught if sufficient interest is taken in the matter.

The early laws were as follows:—

In 1772 a law having been enacted by the General Court, regulating the taking of oysters in Billingsgate Bay, an amendment to that act was now asked by the town, namely, that during the summer months oysters shall not be taken to market, nor fished by the inhabitants of the town for their own use during the months of July and August.

In 1773:—

That, inasmuch as the oyster fishery, which is of great value to the town and of great advantage to the Province, has received detriment from persons taking young oysters, the enactment of more stringent regulations are necessary to prevent their destruction.

These early laws show that the natural oyster beds were highly prized by the Inhabitants in colonial days, and that measures, even then, were necessary to prevent their extinction. At the present time Wellfleet has no other regulations than the general oyster laws of the Commonwealth.

The history of the oyster industry of Wellfleet can be divided into three periods: (1) the natural oyster fishery; (2) the "bedding" of southern oysters; (3) oyster planting.

(1) The Natural Oyster Beds of Wellfleet.—The first settlers found a natural oyster bed near Hitchin's Creek, or Silver Spring, in 1644, and it is said that oysters were very abundant at that time. Old shells are occasionally dredged or raked up at the present day from these beds. The Rev. Enoch Pratt, in his "History of Eastham, Wellfleet and Orleans," gives the following account of this early oyster industry:—

Oysters were found in great abundance on the flats at the first settlement [1644], but at this time [1770] the inhabitants had so increased and such quantities were taken for consumption and for the Boston market, that it became necessary, to prevent their entire destruction, for the district to take measures to preserve and propagate them.... Shops and stands were opened in Boston, Salem, Portland and other places, where the oysters were sold in quantities to suit the purchaser.

In 1775 all the oysters in the bay died. What caused their destruction is not certainly known, but it is supposed that as, at this time, a large number of blackfish died and came on shore, where their carcasses remained, producing a very filthy condition of the water, it caused this mortality.

A more probable explanation is given by Mr. E. P. Cook of Wellfleet. The early inhabitants, not knowing the value of the natural shell beds for catching the spat, greedily took every shell and burned them into lime as a fertilizer for their farms and plaster for their houses. There was once a fine strip of woods near this original oyster rock, but this was cut down, and the sand gradually washed over the beds, killing the young oysters. To these two causes can be attributed the final destruction of the natural beds in 1775.

(2) The Bedding of Southern Oysters.—After the destruction of the natural beds, an important industry arose in the "bedding" of southern oysters for northern trade. Privileges for bedding oysters on the flats were granted to a number of oyster firms. These men hired schooners in the latter part of the winter or the early spring, which went to the southern oyster grounds and brought back loads of oysters. These oysters were spread or bedded over the leased flats of the harbor, where they remained until the following fall, when they were taken up for market. In this way the oysters gained in size by the summer's growth, and were fattened for market. Considerable trade sprang up in the carrying of oysters, and many vessels were engaged in this traffic. In 1841 Mr. Gould, the conchologist, states that 120 men, with 30 vessels of about 40 tons each, were employed for three months of the year, and brought to the town an annual revenue of $8,000.

In 1841 Capt. William Dill is credited with bringing into Wellfleet the first cargo from Virginia, which started a large trade in Chesapeake oysters. Mr. Ernest Ingersoll makes the following statement concerning the Virginia trade:—

Nevertheless, it was not until about 1845 or 1850 that the business began to confine itself to Virginia oysters, and a large business to be done. At its height, about 1850, it is probable that more than 100,000 bushels a year were laid down in the harbor; some say 150,000.... The favorite ground was at the mouth of Herring River.

The Rev. Enoch Pratt writes, in 1844:—

The inhabitants of the town tried the experiment of bringing oysters from the south and laying them down on the flats, which succeeded well. In the course of a year they doubled their size and their quality was much improved. This soon became a large business, and a number of vessels have been employed in the spring of every year in bringing them here. The number of bushels which are now [1844] annually brought is about 60,000. Nearly all the oyster shops and stands in Boston, and other cities and towns in this State, are supplied from this place, and are kept by persons belonging to the town. This business affords a living for many families.

Mr. Ernest Ingersoll thus describes the decline of the oyster trade in 1870:—

The war of the rebellion, however, interfered somewhat with the oyster trade, and it began to decline so far as Wellfleet was concerned. Then the various dealers in northern ports, having learned something, began to bed near home in their own harbors, and so saved freightage. Finally, the steamers from Norfolk and the railways entered into so serious a competition that fully ten years ago [1870] Wellfleet Bay was wholly deserted by the oystermen as a bedding ground, though her vessels still continue to carry cargoes in winter from Virginia to Boston, Portland, Salem, Portsmouth and the Providence River, to supply the active trade and fill the new beds, which the dealers at these various ports had learned could be established at home. The reader thus discovers how important a part Wellfleet has played in the history of the oyster trade of New England. A hundred thousand bushels of the bivalves once grew fat along her water front, and thousands of dollars were dispensed to the citizens in the industry they created. Now [1880] a little experimental propagation, to the value of a few hundred dollars, and about 6,000 bushels of bedded oysters from Virginia, worth perhaps $5,000 when sold, form the total active business. The oyster fleet, however, remains, though greatly diminished, and carrying its cargoes to Boston, Portland and elsewhere, instead of bringing them to be laid down in the home harbor. It will be long before Wellfleet, and its neighbor, Provincetown, lose the prestige of old custom as oyster carriers.

(3) Oyster Raising.—In 1876 the first attempt to raise oysters from "seed" at Wellfleet, is said to have been made by E. P. Cook, who obtained a grant from the town of about 30 acres, on which were planted 500 bushels of "seed" from Somerset, Mass. The "Oysterman" of Dec. 20, 1906, gives the following account of oyster planting at Wellfleet:—

In 1876 our informant, Mr. E. P. Cook, conceived the idea that these waters could grow "seed" oysters as well as fatten big stock. He went to Somerset, Mass., and got a carload of 500 bushels and planted them. A few had previously been planted but with ill success. The people laughed at him for dumping his good money overboard. He was the first man to lease a piece of oyster ground from the State, and of course had his pick, which was 600 feet on the shore next to the Silver Spring, the original spot of the natural rocks. Mr. Cook here showed his acumen as a culturist. The next spring they had made a remarkable growth, and all had lived. Then there was a stampede of the fellows who laughed, to get some ground, too. Soon every inch of available ground had been taken up. We mention the following who took up plats: Solomon Higgins, I. C. Young, Benjamin Oliver, Daniel Oliver, Edward Oliver, Cornelius Rogers, William Smith, S. B. Rich, Theodore Brown, Stephen Young. These men did not all plant. The next year Mr. Cook bought 500 bushels more, and now he had 1,000 bushels on his grounds. These were two-year-old plants, and when they had laid there three years he sold these primitive beauties for $5 per barrel. Some time after this he bought Mr. Rich's plot. Subsequently Mr. Cook sold 400 of his 600 feet to R. R. Higgins, the founder of the famous oyster-packing house by that name. This same man bought the 200 feet of Solomon Higgins. Now this house had 600 feet of shore ground. R. R. Higgins was the first wholesaler with capital invested in the culture of the Cape Cod oysters. Finally, this house absorbed all the ground Cook had. Eight years after this the Wright & Willis firm came on the scene; that period had elapsed since the first cargo of "seed" had been freighted here. They bought the remainder of the Solomon Higgins grant. Then Mr. Cook took out another grant below Smalley's Bar. Capt. Albert Harding and Capt. D. A. Newcomb took out leases. In 1892 Mr. Cook sold his lease to the D. Atwood Company. Then Mr. Cook bought the Capt. Albert Harding lease and sold the right to plant on it, the law then not allowing the lessee to turn over the grant in toto. Then H. & R. Atwood became interested here. About this time some friction between the planters and clammers existed, but it should be remembered that the planters occupied only about 200 of the 2,400 acres involved in this dispute. Then it was that J. A. Stubbs came on the stage of activity, and Mr. Cook secured a lease for this wholesale concern.

Eastham.

The oyster industry of Eastham is closely associated with the Wellfleet industry, and practically all the business is carried on by Wellfleet firms.

The grants extend along the western shore from the Eastham-Wellfleet line south, running out into the bay a distance of 1 mile. The average width of these grants is 900 feet. Twenty-four grants have been given out by the selectmen, but only 12 of these are in existence at the present time, the others having lapsed for non-payment of dues. (The town charges $3 for the original grant, and $1 each year thereafter). The area of the grants is 800 acres, of which only 125 acres are under cultivation. As all the business, which is but small, is done by Wellfleet firms, the statistics of the industry are included in the Wellfleet report. All the grants, as at Wellfleet, expire in 1910.

Orleans.

There are 5 grants on the west coast of the town, but practically nothing is done in the oyster business. The oyster industry of Orleans is a dead issue, and quahaugers dig at will over all the granted territory.

The grants are all eight to nine years old, and will not be renewed, as they are said to be unconstitutional, since the waters of Eastham and Orleans are common, and the consent of Eastham was not obtained when they were granted. The real reason for not renewing them will be because they are not profitable. The sand shifts on a good deal of the territory, and where the water is too deep for shifting, oyster culture does not seem to pay.

Four years ago 15,000 bushels of two-year-old "seed" was sent here from Connecticut. The greater part of this "seed" died in transportation, and much of the remainder was killed by the shifting sand. Two years ago (1905) 3,000 bushels of marketable oysters were shipped from Orleans; but little has been done since then. No set has ever been caught here, although spat catches readily on the rocks which lie between the tide lines.

Chatham.

The oyster furnishes an important industry for the town of Chatham, which ranks next to Wellfleet and Cotuit in the production of "Cape" oysters.

The oyster grants are all situated in Oyster Pond and Oyster Pond River, covering an area of 65 acres of excellent bottom. Of this, 55 acres is hard bottom; 6 acres, soft mud; and 4 acres of coarse shifting sand. The whole of Oyster Pond River and the most of the shore waters of Oyster Pond are taken up by grants. The central part of Oyster Pond possesses a soft bottom, and is therefore unsuited for oyster culture. The depth of water over the grants varies from dry to 6 feet at low tide.

Records show that a natural oyster bed once existed in Oyster Pond, as in 1802 "excellent oysters, but scarce," were reported. Even now old shell heaps are found, which contain extremely large oyster shells, and indicate that the Indians used these oysters for food. Indeed, the name, Oyster Pond, was given long before grants were issued, and doubtless received this name because of these natural oysters.

No natural oysters remained in 1877, when the first grants were issued to George S. Atwood, John Vanhise, Jonathan Small, Stephen Gould and Frank Lanpier. The last three named held together one grant in Oyster Pond River; Atwood's grant was in Oyster Pond; while Vanhise's grant was partly in Oyster Pond and partly in Stage harbor, where oyster culture was a failure. The planting was not very successful at first, owing to a lack of proper methods.

These grants were issued in 1874 for a term of twenty years. The next series of grants were issued for ten years, and in 1893 the first grants were renewed for the same length of time. Since the period of the twenty-year grants there have been two ten-year leases, and the present leases will expire in 1911.

A town regulation restricts the oyster grants to the southern waters of the town, and allows no grants to be given in the waters of Pleasant Bay, where there is considerable territory which might be suitable for oyster raising. As all the available territory is now taken up in Oyster Pond, no more grants can be issued.

The method of obtaining a grant by a resident of the town is to choose the locality, stake out the grant and report the same to the selectmen, who will grant a license if the bounds are satisfactorily described, and no part of another grant is included. The price of the license, which runs for a period of ten years, is $2, and 50 cents is charged for recording it. No regular survey of the grant is made. Taxes are paid yearly on stock and working capital.

Capital invested,$26,533
Power boats,1
Value of power boats,$300
Sail boats,2
Value of sail boats,$500
Dories and skiffs,8
Value of dories and skiffs,$105
Scows,12
Value of scows,$790
Implements:—
Dredges,10
Tongs,34
Value of implements,$313
Value of shore property,$1,225
Value of oysters on grant,$23,300

Owing to the shallow water, most of the work is done by tonging. Flat scows, 25 by 10 feet, are generally used for this work, as they afford excellent footing for the oysterman in tonging and plenty of room for the oysters. These scows, which have a capacity of 100 bushels, can be anchored by stakes or iron piping, and definite areas covered by the tonger. In the fall the oystermen make their "culls" on these scows. Chatham is the only town in Massachusetts where scows are in general use. Dredging is done only to a limited extent by 3 oystermen, the others all using tongs. Twenty men are engaged from four to six months of the year in the oyster business at Chatham.

The production for 1906-07 was 14,550 bushels, valued at $23,987. The oyster industry has been increasing every year, the production for 1906-07 being one-third more than the 1905-06 output. The oystermen are unanimous in saying that the oyster business of Chatham is steadily improving.

No "seed" oysters are raised in Chatham, as no large set has ever been caught, and all attempts in this line have proved unsuccessful. All the "seed" oysters are brought from Greenport, L. I. These run from two to four years old, the larger oysters being preferred. As a rule, oystermen are forced to take what they can get when they buy seed.

The only natural enemy which infests the Chatham oyster is the oyster drill (Urosalpinx cinerea). The damage done by this pest is slight, amounting to nearly $800 annually.

Harwich.

No oyster industry is now carried on in the town of Harwich. A natural oyster bed once existed in Herring River, and occasionally a few oysters can be picked up at the present time; but the bed is practically fished out. This bed once extended a distance of three-quarters of a mile in the lower part of the river.

In 1824 an act was passed to prevent "the wilful destruction of oysters and other shellfish in the town of Harwich," which shows that even as early as 1824 the natural bed in Herring River was on the verge of depletion.

Dennis and Yarmouth.

The oyster industries of Dennis and Yarmouth are so connected that they will have to be considered as belonging to one town.

Four grants have been leased in the two towns, but only 2 of these are worked. Three grants are situated in Bass River, while the fourth, which is not operated, owing to the shifting sand, lies outside Dog Fish Bar. The 2 grants which are worked are situated in Bass River, and comprise an area of 10 acres of hard bottom, all of which is suitable for oyster culture. The Bass River grants, which are taxed at the valuation of $1,000 apiece, expire in 1914.

Mill Creek, in West Yarmouth, one of the most valuable shellfish areas in the town, originally contained a natural oyster bed which extended from the mouth of the creek up for 1,000 feet, comprising an area of 2-1/3 acres. Nevertheless, this was granted in 1895 for a period of ten years. Two years ago the lease expired, and it is said that the oysters have come in again in abundance.

All along the south shore of the two towns "seed" oysters, which have been washed out of Mill Creek, can be picked up. A small amount of "seed" is raised on the grants, but this is not enough to furnish the requisite amount required for planting purposes, so about 2,500 bushels is annually brought into the town from Oyster Bay, L. I.

No damage is done in these waters by the natural enemies of the oyster, as both the starfish and oyster drill are very scarce.

One thousand bushels of marketable oysters, valued at $1,500, were shipped in the season of 1906-07.

Three men are engaged for a period of seven and one-half months in the oyster industry.

Capital invested,$5,175
Dories,2
Value of dories,$25
Tongs,5
Value of implements,$50
Value of shore property,$100
Value of bedded oysters,$5,000

The oysters are taken by tonging from dories, as the water is comparatively shallow. No dredging is done.

Yarmouth is the only town in the State which requires a license for taking oysters from a natural bed.

Barnstable.

Barnstable is the great oyster town of the Commonwealth, as it has the twofold distinction of possessing the most extensive industry and producing the finest quality of oysters. The causes which have brought the cultivation of oysters in this town to so flourishing a condition have been fourfold: first, Barnstable has a long coast line, much cut up by bays and rivers, which give it a very large available area; secondly, this area is remarkably suited for the cultivation of oysters, as it is for the most part hard, clean bottom, in comparatively shallow water and well sheltered from storms; thirdly, there is little damage from the enemies of the oyster,—the starfish, winkle and drill, fourthly, the waters of the township are notably pure, free from contamination, and well adapted for the production of a rapid-growing oyster of excellent quality.

Barnstable township contains several villages, three of which, Cotuit, Marston's Mills and Osterville, are prosperous centers of the oyster fishery. Hyannis, a fourth village, once maintained a business of this nature, which proved unprofitable and has now practically disappeared. Oyster grants are scattered along the shores of Popponesset River and Bay, in Cotuit harbor, Bluff Channel, South Bay, Osterville Narrows and at Marston's Mills. In addition, a large but indefinite territory along the southern shore, as indicated on the map, is maintained as experimental grants.

Cotuit is by far the most important center of the industry. Here the fishery is conducted on an extensive scale. The white, clean sandy bottom and the remarkably pure waters of the bay produce an oyster with a bright, clear shell, which distinguishes it from oysters grown elsewhere. This Cotuit oyster is much sought for by hotels and fancy dealers, and is universally considered par excellence among Massachusetts oysters.

Barnstable, though supporting an immense industry, has by no means exhausted her latent resources. Extensive experiments to increase the productive area of the town have been carried on for the past few years. A strip of territory along the southern coast, some 4 miles long and 3 miles wide, has been granted. This territory is of doubtful utility, as the bottom is largely shifting sand exposed to the full force of southerly gales. These grants have hardly been in force long enough to demonstrate their possibilities, but it is probable that a large territory may be thoroughly suitable for the future expansion of the oyster industry.

Unfortunately, several oystermen did not make statistical returns, thus rendering a complete record for the Barnstable oyster industry impossible. The majority of the oystermen willingly responded, and the present report comprises only those returns which have been sent in.

The total area comprised by the grants, 29 in number, is 188 acres, of which 121 acres are of hard bottom, suitable for oyster culture. There is very little shifting bottom. The usual Cotuit bottom is a clear sand, which is especially favorable for the production of fine oysters.

Thirty-three men are employed from six to eight months each year in the industry, which gave in 1906-07 a production of 25,850 bushels of marketable oysters, valued at $48,050. Except for a small natural oyster bed at Centerville, no "seed" is caught in Barnstable, and is all brought from Long Island and Connecticut. Several firms plant only large oysters, bedding them in the spring and taking them up the following fall, when they have acquired the Cotuit flavor.

Capital invested,$39,558
Power boats,4
Value of power boats,$3,900
Sail boats,3
Value of sail boats,$800
Dories,22
Value of dories,$413
Scows,7
Value of scows,$156
Implements:—
Dredges,23
Tongs,45
Value of implements,$1,139
Value of shore property,$4,300
Value of oysters on grant,$28,850

Mashpee.

The oyster industry of Mashpee is rather limited. Five grants exist in the west channel of Popponesset River, covering practically all the territory. Only about 5 to 10 acres of this territory is suitable for oyster culture. The ground granted for oysters is used indiscriminately for quahauging and scalloping, and seems to be almost public property.

But one man is engaged in the oyster business, and he rarely ships any, but peddles them around the community. No "seed" is caught. Starfish and oyster drills are very scarce. A cat boat, dory and tongs constitute the capital invested, which is valued at $200. The annual production is valued at $100.

Falmouth.

The oyster industry of Falmouth is conducted on the south side of the town, in the waters of Waquoit Bay. There are no oysters on the Buzzards Bay side of the town.

According to the town records, there are 22 grants in existence. These grants are mostly small, not averaging more than 2 to 10 acres, and are but little cultivated. Returns from 6 of these grants, which comprise all the territory worked for market, are alone used for the statistical figures.

The best oyster territory is in Waquoit Bay and Child's River. In Waquoit Bay 6 acres are granted, 4½ acres of which is hard bottom, suitable for oyster culture. In Child's River the grants comprise 20 acres, two-thirds of which, or 13 acres, is hard bottom. Altogether, some 44 acres are granted, and, although a good deal of the surface is muddy, there are 23 acres of very fair oyster ground.

No business is made of raising "seed," but from two to three year old "seed" is shipped from Greenport, L. I., and replanted.

In 1906-07, 3,012 bushels of marketable oysters, valued at $6,025, were shipped. Many of the grants are leased to men who raise oysters for their own use only, while but few make a business of shipping oysters.

The only enemy is the oyster drill, which does but slight damage here.

Three men are engaged for nine months each year in the oyster industry at Falmouth; while 5 or more run grants for their own use.

Capital invested,$3,080
Power boats,1
Value of power boats,$800
Sail boats,1
Value of sail boats,$250
Dories,4
Value of dories,$75
Scows,1
Value of scows,$400
Implements:—
Dredges,2
Tongs,6
Value of implements,$105
Value of shore property,$1,000
Value of bedded oysters,$450

Buzzards Bay District.

The Buzzards Bay oyster industry is in a state verging on chaos. In some specially favored localities it is in a flourishing condition; in others hardly less favorable it is almost completely stagnant. Great natural advantages exist, which if properly utilized would create a business of immense proportions. These resources are for the most part but poorly improved, and in many cases are neglected altogether. A spirit of uncertainty, which discourages confidence and checks initiative, seems to pervade the business atmosphere. Amid this uncertainty and conflicting forces, one fact, at once the starting point of the whole difficulty and at the same time the sole solution of the problem, stands out vividly clear. This is the need of proper legislation.

The troubles which beset the Buzzards Bay oyster industry are directly traceable to defects in the present legislative system. These defects are both active and passive. In some cases unwise and illogical laws are in operation, which hamper business activity; in other cases laws for which there is a crying need are laid aside or neglected. A reform in certain aspects of town supervision is the demand of the hour. Until the present system receives an overhauling, it is doubtful if the industry will ever experience full prosperity.

In order to gain a clear insight into the difficulties which darken the immediate outlook in this region, it will be necessary to take a brief survey of the history and present status of the industry.

The beginnings of the oyster fishery in Buzzards Bay arose from the exploitation and subsequent depletion of the natural beds. These beds, of which there are several scattered along the coast from Bourne to Mattapoisett, furnished for a long time a large annual output of oysters. In the early '70's the supply began to decrease rapidly, and the fear of total extermination caused the selectmen of Marion, Wareham and Sandwich (Bourne) to attempt a strict supervision of the fishery. These attempts were in all cases unsatisfactory, and about 1875 the artificial culture of oysters began almost simultaneously in the three towns by the issue of licenses or grants to private individuals. The measure was popular from the first. Almost all the available land was speedily appropriated, and a flourishing but exotic industry, stimulated by a considerable outlay of capital, burst into life.

At Marion the new business lasted precisely fifteen years. The industry was largely a losing venture. The oysters did not grow well, and were of inferior quality. In time, doubtless, when the causes which produced these effects had been studied, a stable and well-ordered industry would have resulted. It is but natural to assume that where oysters grew in a "wild" state, cultivated ones could likewise be grown. Such an outcome, however, was not destined to follow. The grants had been so given that they all expired at the same time. When this date arrived, the majority of the inhabitants of Marion were of the opinion that the oyster grants would yield far better returns if utilized merely for the quahaugs which grew naturally on them, and the whole harbor was consequently thrown open as common ground. From that date the quahaug fishery has waned almost to the point of extinction, but no efforts have been made to resurrect the old oyster industry, which has practically disappeared.

At Bourne the industry began with bright prospects. The present business, though somewhat impoverished, still possesses those inherent resources which are capable of developing a more extensive industry.

At Wareham the business was of slower growth and more logical development, and it has continued to increase, until at present the town possesses an important industry. It has struggled with many problems which have retarded its growth, and which still embarrass it. These are primarily problems of legislation, as the industry stands in need of better regulations before it can attain its maximum development.

In all these difficulties, which have been briefly outlined and hinted at, the main source of annoyance has been the strife between two rival factions,—the oyster and quahaug interests. These interests have ever been at war, and the result has been almost fatally destructive to both. The questions at stake in this controversy have been broad in their general interest. The quahaug industry is essentially democratic, representing roughly labor as against capital, and demands that tidal flats and waters be kept as common property for general use. The oyster industry, on the other hand, is essentially exclusive, representing organized capital, and maintains that oyster grants are as much the subject of private ownership as farms and city lots. The whole aim of legislation has been to reconcile these wholly opposite theories. The problem has been complex and many-sided, and it is not strange that the selectmen of the towns in question have been unable to harmonize the two factions or pass regulations suitable to both parties. Certain it is that in trying to benefit both they have benefited neither, and the present confusion has resulted.

The matter is one certainly of sufficient importance to merit attention from the State. It is not merely local. The whole Commonwealth is interested vitally in the development of its industries, and it is unwise to allow so important an industry as the oyster fishery to remain solely in the hands of local authority, especially when local authority has shown itself unable to cope with the problem.

The present system in vogue in the Buzzards Bay district is perhaps unfair to both parties in its policy. The selectmen may lease an unlimited number of grants, of an unlimited area, to any citizen or number of citizens of the town in question. Theoretically at least they may grant all the available area in sight to one man. There must of course be the formality of a hearing, and sufficient pressure may be and is frequently brought to bear upon the selectmen to retard them from exercising the full extent of their authority; but nevertheless the system is unjust to the majority, and it is small wonder that the quahaug fishermen feel aggrieved that some of their former privileges are thus curtailed. Furthermore, the clause which demands that these grants should be used for the cultivation of oysters is oftentimes openly evaded, and a good portion of the granted area, though not used for oysters, is closed to the quahaugers.

On the other hand, the oystermen, while apparently enjoying great privileges, in reality are severely handicapped. An oysterman obtains a grant perhaps with great difficulty, owing to opposition from the quahaug men. He can carry on no extensive business without the expenditure of considerable capital. If he "seeds" his grant, the first two or three years are spent in the maturing of the first harvest. The grant is given only for ten years; consequently, when it has run for seven or eight years the owner is in doubt whether to plant any more "seed," as he does not know that his license will be renewed and naturally does not wish to plant a bed for his unknown successor. Again, if he is fairly successful and wishes to expand his business, he cannot without great risk invest in the costly equipment necessary for such an enterprise, as he has no certainty of getting a sufficient amount of territory or of keeping it any length of time. Furthermore, additional complications arise from the disputes with owners of adjoining shore property. This is particularly unfortunate, as this tidal area along the shore is most valuable for the collection of oyster set or "seed."

From the foregoing statements it appears that the oyster and quahaug factions are in the position of two combatants who continue to fight, while the object of the strife is lost to both. It is impossible to handle so grave a problem by merely theorizing, but a few ideas might be suggested as bearing favorably on the subject. It would seem wise to refrain as far as possible from granting the best portions of quahaug territory, for there is sufficient room for both industries to flourish. Then, too, grants might be rented at so much per acre as long as the owner desired within certain time limits, assuming that he paid his annual rental and improved his grant. These and other suggestions might be made which would seem an improvement over the present circumstances; but it is doubtful if conditions can be much bettered until some motive force and centralized authority is supplied by proper legislation.

Bourne.

Bourne has long supported a promising oyster industry. In some respects it has greater advantages for the extension of this business than Wareham, but the invested capital, the annual product and the resulting revenue are all overshadowed by those of its neighboring rival. The great natural resources which Bourne possesses, its extensive available area, its multiplicity of bays, inlets, islands and rivers,—these and a variety of other causes combine to make it a most favorable locality for the growth of oysters; and it is indeed an unfortunate circumstance both for the shellfish interests of the community and the broader interests of the State that so great a source of economic wealth should be so little improved. The vexing questions which harass the oyster planters of Wareham and hamper their efforts are present here in even greater force. In many places where a flourishing business was once carried on the industry is at a standstill, while nowhere does it evince that life and activity which its decided advantages warrant.

The town books contain records of 135 grants in force to-day. No accurate system of charting is in vogue except in the Monument River, and no absolutely reliable data concerning the total area is available, but the combined territory comprised in these grants aggregates nearly 600 acres. Of this territory, however, only a portion, and a relatively small portion, is really improved; the remainder is either allowed to lie dormant or is worked merely for the quahaugs which it produces. The oyster territory of Bourne is divided into five distinct sections: the Monument River section, the region about Mashnee Island, Toby Island and vicinity, Basset's Island and the neighborhood of Wing's Neck, and Pocasset and the Red Brook harbor or Cataumet district. Of these five regions, the Monument River ranks first, both in the total area and also in importance, and it is here that most of the business is carried on.

The statistical returns of the Bourne oystermen show that only 42 grants comprising 100 acres are worked. Of this 83 acres is hard bottom suitable for oyster raising while the remaining 17 acres is mostly soft mud.

Capital invested,$24,448
Power boats,3
Value of power boats,$3,000
Sail boats,8
Value of sail boats,$1,900
Dories and skiffs,29
Value of dories and skiffs,$615
Implements:—
Dredges,99
Tongs,38
Value of implements,$483
Value of shore property,$150
Value of bedded oysters,$18,300

Twenty-one men make a living from the industry. The production for the year ending Aug. 1, 1907, amounted to 2,100 bushels of marketable oysters, valued at $4,100, and 23,000 bushels of "seed," worth $15,000. The methods employed in oyster culture here are similar to those in use at Wareham. Thousands of bushels of shells, preferably those of the scallop, are strewn over the bottom to collect the set, which is then taken up and transferred to the proper grant or shipped for sale. The two great enemies of the oyster, the borer or drill, and the starfish, flourish here. The borer seems more destructive in those sections which are comparatively sheltered, the starfish in more exposed localities.

The history of the industry is one of picturesque variety. The beginnings of the industry were bright with promise; the sudden growth which followed was spectacular but erratic; and the difficulties which soon arose plunged it into complications from which it emerged much shattered and greatly declined. Originally there were three good natural beds,—in Monument River, Barlow's River and Red Brook harbor, respectively. These beds long supplied all the oysters produced, and when in 1834 they began to be depleted, legislation was enacted regulating them until 1863, when the town surveyed a number of grants in the Monument River, each with an average area of 1½ to 10 acres, and allowed one of these grants to every citizen desiring it, on the payment of $2.50. These old beds still linger as rather uncertain assets of the communal wealth. The Monument River grounds still supply a fairly large harvest, the Barlow River has declined much more, while the Cataumet beds are nearly extinct.

The shellfish laws of this region are of vital importance, as it is their province to inaugurate order from chaos, put a stop to wasteful methods, and take such steps as appear necessary for the proper development of the industry. How greatly these laws fail in their mission is abundantly shown by the present conditions of the fishery. The whole situation is on the threshold of a change. What this change will be, whether for better or worse, depends upon the legislation of the future.

Wareham.

Wareham is the second town in the State in the production of oysters, being excelled in this respect by Barnstable alone. Its commanding position at the head of Buzzards Bay, the numerous indentations of its coast line, and the three rivers which lie partially within its borders, give it a wide expanse of available territory exceptionally favorable for the development of this shellfish industry.

The substantial success which has attended the oyster business at Wareham has been attained by slow but steady growth. Many problems have been encountered,—problems of local prejudice, opposition from rival industries and the like; but these problems have simply hampered the industry,—they have not sufficed to check its growth. At present the business seems firmly established, and can enter on its future career of prosperity as soon as the barriers which block its progress shall have been removed.

The town records show a total of 125 grants in operation to-day. These grants are poorly described and for the most part unsurveyed, but their total area approximates 1,000 acres. According to the statistical returns of the oystermen, 70 grants, comprising 196 acres, are under cultivation. Of this, 159 acres are of hard bottom, suitable for oyster planting, while the waste area is equally soft mud and shifting sand.

Capital invested,$40,620
Power boats,4
Value of power boats,$3,800
Sail boats,17
Value of sail boats,$4,485
Dories and skiffs,50
Value of dories and skiffs,$820
Scows,2
Value of scows,$250
Implements:—
Dredges,120
Tongs,84
Value of implements,$1,120
Value of shore property,$2,420
Value of bedded oysters,$27,725

The catching of oyster "seed" at Wareham is more important than the raising of marketable oysters; 22,100 bushels of seed, valued at $12,090, were exported last year (1906-07). Thousands of bushels of shells, chiefly those of the scallop, are planted yearly in shallow water, to catch the set. The territory where these shells may be planted to the best advantage is on the fringe of tidal flats which skirt the coast. This area, however, which is consequently of considerable value, is of doubtful ownership, being claimed both by the oystermen and also by the owners of the adjacent shore property. The dispute arising over this question has been most harmful to the industry.

The marketable oysters raised at Wareham are of very good quality. There were 7,770 bushels of these oysters, valued at $12,790, produced in 1906-07, and shipped mostly to New York and Boston. Altogether, there are 26 men depending on this industry for a living.

Besides the grants, there are two native beds, one each in the Wareham and the Weweantit rivers. These beds comprise nearly 80 acres, and, though now greatly reduced, they still yield a considerable amount of seed oysters.

The laws governing the industry here are similar to those at Bourne. The ten-year grant prevails, with all its attendant evils to the oysterman; while the quahaugers have abundant cause to complain, from the fact that practically all the available territory has been granted to the oystermen. While it is true that scarcely a third of this land is utilized for the cultivation of oysters, it is likewise true that the rights of the oystermen are by no means strictly observed by the quahauger. There can be but one result of this policy,—endless wrangling and confusion, and, in the end, loss to both parties. The unfortunate thing about the whole matter is that most of this wastefulness is entirely needless; but this is a problem for future legislation.

Marion.

The oyster industry at Marion is practically dead. The last grants expired some ten or twelve years ago, and were never renewed. Of the two original natural beds, that in Blankinship's Cove is now almost entirely depleted, while the larger and more important bed in the Weweantit River has greatly declined in importance. This bed, however, still supplies all the marketable oysters produced within the town, though the annual production is insignificant. From twenty-five to thirty years ago the oyster industry had its beginning, and for a time flourished. Almost all the available territory, both in the harbor and in the Weweantit River, was granted. The older grants were leased for fifteen years, and those of later date were arranged to run out at the same time; so it followed that all the leases expired simultaneously, and the industry came to an abrupt end. These old grants were not renewed, for two reasons: first, they had not paid very well; and, secondly, the growing quahaug industry promised more lucrative returns. The scallops, too, began to be abundant, and the old oyster business gave way before its newer and more prosperous competitors.

Fall River District.

The Fall River district, comprising the six towns of Fall River, Freetown, Berkley, Dighton, Somerset and Swansea, may best be treated as a geographical unit. The oyster industries of the individual communities overlap to a considerable extent, and make distinct separation difficult, while, as the same methods of culture everywhere obtain and the same problems and difficulties are encountered, a brief survey of this whole region may be comprehensively discussed in one article.

The beautiful shores of Mount Hope Bay and its tributary streams, the Cole, Lee and Taunton rivers, furnish an extensive territory for a large oyster industry. The best of this area is now included within the confines of the bay itself, though the Cole and Lee rivers furnish a small but valuable addition. The Taunton River, however, which thirty years ago produced the finest oysters in the State, and was the main source of supply for this district, has become utterly worthless for the growth of marketable oysters. In fact, this river, with its curious history, and the difficulties which it now presents to the carrying on of an important and profitable industry, furnishes the most interesting problem of this whole region. This river embraces the entire oyster territory of Freetown, Berkley and Dighton and portions of Somerset and Fall River,—certainly half of all the available territory of the whole section; and yet it is an indisputable fact that this large and formerly profitable area is now altogether unsuitable for the production of edible shellfish.

The causes for this transformation of a river which once supplied a large annual revenue to the prosperous communities which lined its banks, into a stream unwholesome and unfit for the proper maturing of its shellfish, have been much discussed. The prevailing opinion seems to lay the blame to the impurities discharged into the river by the Taunton factories. Other theories, ingenious but far less worthy of weight, have been urged; but the burden of evidence strongly points to the sewage of the city of Taunton as the probable main factor in the decline of the industry.

While greatly impaired as a favorable territory for the propagation of oysters, the river, however, is still largely utilized. Extensive grants are sold by the towns of Dighton, Berkley and Freetown to oystermen, who bed them with "seed," which is allowed to remain until it is from two to three years old, when it is taken up and replanted in some other locality where the waters are uncontaminated, and here left for a certain time until it becomes "purified" and ready for shipment to market. By this method the old grants are still worked, though greatly declined in value, as oysters can no longer be sold to market direct, and the process of transplanting entails considerable expense.

In the other towns of this region the industry is carried on much the same as in Buzzards Bay or Barnstable. A great deal of attention is paid to the enemies of the oyster, particularly the starfish. This animal is combated chiefly with "mops" of cotton waste which are dragged over the bottom, and the starfish, becoming entangled in the strands, are removed and destroyed. As this fairly effectual warfare is being constantly waged, the numbers of this pest are kept well reduced, and the grounds maintained in very good condition.

By a peculiar local custom, which would be decidedly unpopular in some coast communities, the towns of this section usually sell their entire oyster privilege to some individual or company, ordinarily the highest bidder. In this manner, aided by the fact that some persons purchasing such rights re-sell them to others, the oyster industry of this entire region is owned and controlled by a very few men. This arrangement, however, does not seem to be unpopular, the only difficulty arising from those clammers who are accustomed to dig clams under water, and sometimes find a bed located on an oysterman's grant. In such cases the owners usually waive their rights, and allow the clammers to dig undisturbed.

As has been said, the oyster industry in this district, while it has by no means attained its maximum development, has indeed reached very considerable proportions. The entire amount of area granted aggregates 810 acres. Of this total, some 510 acres are suitable for oyster culture, the remainder being soft mud, shifting sand, or otherwise unfit for utilization. The entire output for 1907 exceeded 38,000 bushels, valued at $26,250. Thirty-six men depend partially upon the business for a livelihood.

Capital invested,$96,540
Power boats,9
Value of power boats,$19,500
Dories and skiffs,17
Value of dories and skiffs,$340
Implements:—
Dredges,12
Tongs,18
Value of implements,$2,000
Value of shore property,$6,200
Value of oysters on grant,$68,500

Nantucket.

The oyster industry of Nantucket is of recent origin, and the oysters are as yet raised only for home consumption.

Two grants have been leased by the selectmen, but only one of these is now planted. These grants are situated in the east and west bends of Polpis harbor. The cultivated grant in the west bend comprises some 20 acres, only 3 of which are of hard bottom and suitable for oyster culture, the remaining 17 having a soft mud bottom.

The "seed" planted on the grant is obtained at New Haven. In the last few years the oysters on this grant have thrown a large quantity of spawn, which has caught on piles and stones at various places around Nantucket harbor.

The only enemy to the Nantucket oyster is the oyster drill.

The production of marketable oysters for 1906-07 was 200 bushels, valued at $400. These were sold for home trade on the island.

One man is engaged in the oyster business for a period of three months each year.

The oysters are taken both by dredging and with tongs.

Capital invested,$1,358
Power boats,1
Value of power boats,$500
Dories,1
Value of dories,$18
Implements:—
Dredges,2
Tongs,1
Value of implements,$15
Value of shore property,$25
Value of oysters on grant,$800