Cohabitation would not only employ thousands of people ... others would be employed in hunting, fishing, and fowling, and the more diligently if assured of a public market....
So also our fishing would be advanced and improved highly by encouraging many poor men to follow that calling, and sundry sorts which are now slighted would be fit for a town market, as sturgeon, thornback, and catfish. Our vast plenty of oysters would make a beneficial trade, both with the town and foreign traders, believing we have the best oysters for pickling and transportation if carefully and skillfully managed.
By 1705 the seat of government had been transferred to nearby Williamsburg. The need of establishing towns as foci for the developing countryside had been felt and now the legislators turned their attention to promoting the fish markets therein, followed by some essential protection of the rights of fishermen and others. Hening's Statutes gives the details:
October, 1705. For the encouragement and bettering of the markets in the said town, Be it enacted, That no dead provision, either of flesh or fish shall be sold within five miles of any of the ports or towns appointed by this act, on the same side the great river the town shall stand upon, but within the limits of the town, on pain of forfeiture and loss of all such provision by the purchases, and the purchase money of such provision sold by the vendor, cognizable by any justice of the county....
Be it further enacted and declared, That if any person or persons shall at any time hereafter shoot, hunt or range upon the lands and tenements, or fish or fowl in any creeks or waters included within the lands of any other person or persons without license for the same, first obtained of the owner and proprietor thereof, every such person so shooting, hunting, fishing, fowling, or ranging, shall forfeit and pay for every such offence, the sum of five hundred pounds of tobacco....
Be it further enacted, That if any person shall set, or cause to be set, a weir in any river or creek, such person shall cause the stayes thereof to be taken up again, as soon as the weir becomes useless; and if any person shall fail of performing his duty herein, he shall forfeit and pay fifteen shillings current money, to the informer: To be recovered, with costs, before a justice of the peace.
The essentials of any stable industry are: control of supply and means of distribution. The fisheries of Virginia were blessed with neither of these advantages. Any progress had to be made in spite of uncertain harvests and lack of packing and handling facilities. Distribution of fresh seafoods was impossible without rapid transportation and adequate refrigeration. Neither was available for two centuries. Virginia's huge supply of oysters was a case in point. Consumption of oysters was limited to those who lived on the spot, and though they figured importantly in the Tidewater diet, as a palpable resource they were untouched until the 19th century. The principal means of preserving them before then was by pickling. In that form they were quite popular during the Colonial period. Fish were salted when there was a surplus and in certain seasons, especially the spawning time of the anadromous river-herring, they were available in phenomenal quantities. They remain today among Virginia's most plentiful fish but the salting industry has now become a mere token of its former magnitude.
The Chesapeake bay blue crab which today constitutes a resource worth about $5,000,000 a year to Virginia crabbers and packers, had to wait even longer than fish and oysters did for development. Salting and pickling were unsuitable to this delicate food and expeditious handling methods did not exist.
In an exhaustive catalogue of the marine life of Virginia William Byrd II, of Westover said:
Herring are not as large as the European ones, but better and more delicious. After being salted they become red. If one prepares them with vinegar and olive oil, they then taste like anchovies or sardines, since they are far better in salt than the English or European herring. When they spawn, all streams and waters are completely filled with them, and one might believe, when he sees such terrible amounts of them, that there was as great a supply of herring as there is water. In a word, it is unbelievable, indeed, indescribable, as also incomprehensible, what quantity is found there. One must behold oneself.