Still the fundamental problem was not solved; fish were not by-passing the remaining obstructions in sufficient quantity to maintain the expected harvest. After various amendments and additions this explicit definition of a fishway or slope was enacted into law in 1771:
That a gap be cut in the top of the dam contiguous to the deepest part of the water below the dam, in which shall be set a slope ten feet wide, and so deep that the water may run through it 18 inches before it will through the waste, or over the dam, that the direction of the said slope be so, as with a perpendicular to be dropped from the top of the dam, will form an angle of at least 75 degrees, and to continue in that direction to the bottom of the river, below the dam, to be planked up the sides 2 feet high; that there be pits or basins built in the bottom, at 8 feet distance, the width of the said slope, and to be 12 inches deep, and that the whole be tight and strong; which said slope shall be kept open from the 10th day of February to the last day of May, annually, and any owner not complying to forfeit 5 pounds of tobacco a day.
The effort was of little avail. Before many dams could be so laboriously modified the Revolutionary War arrived to obscure placid matters like fish conservation.
The diaries of the 18th Century Virginia planters abound with references to seafoods. Most of them lived either on or within easy distance of Tidewater. Most of them had nets and other fishing implements of their own and crews among the slaves to work them. Whenever their needs required, an expedition was made. Perhaps there was a season of bountiful entertaining in prospect. The seine would be taken to a likely spot and hauled ashore. Or a boat would go out and load up with oysters. The fish had to be eaten right away or salted down. But oysters stored in a dark cellar, especially in cool weather, would keep for weeks if moistened from time to time.
One diarist, James Gordon, lived near the Rappahannock river in a section affording a variety of seafoods. Note these typical entries:
Sept. 20, 1759. Fine weather. Went in the afternoon and drew the seine. Had very agreeable diversion and got great plenty of fine fish....
Sept. 26. Went with my wife in the evening to draw the seine. Got about sixty greenfish and a few other sorts.
Sept. 28. Sent in the morning to have the seine drawn. They made several hauls and got good fish, viz: three drum, one of them large, trouts, greenfish, etc....
Oct. 6. Went with my wife to see the seine drawn. We dined very agreeably on a point on fish and oysters....
Jan. 22,—Bought about 70 gallons of rum. Got fine oysters there.