Section 1. The selectmen of the town of Essex may by writing under their hands grant a license for such a term of years, not exceeding five, as they in their discretion may deem necessary and the public good requires, to any inhabitant of said town, to plant, cultivate and dig clams upon and in any flats and creeks in said town now unproductive thereof, not exceeding two acres to any one person, and not impairing the private rights of any person.
Section 2. Such license shall describe by metes and bounds the flats and creeks so appropriated and shall be recorded by the town clerk before it shall have any force, and the person licensed shall pay to the selectmen for the use of said town two dollars and to the clerk fifty cents.
Section 3. The person so licensed and his heirs and assigns shall for the purposes aforesaid have the exclusive use of the flats and creeks described in the license during the term specified therein, and may in an action of tort recover treble damages of any person, who, without his or their consent digs or takes clams from such flats or creeks during the continuance of the license.
Section 4. Said town of Essex at any legal meeting called for the purpose may make such by-laws, not repugnant to the laws of the commonwealth, as they may from time to time deem expedient to protect and preserve the shellfisheries within said town.
Section 5. Whoever takes any shellfish from within the waters of said town of Essex in violation of the by-laws established by it or of the provisions of this act shall for every offence pay a fine of not less than five or more than ten dollars and costs of prosecution, and one dollar for every bushel of shellfish so taken.
Section 6. This act shall take effect upon its passage. [Approved April 9, 1888.]
In the report of the United States Commissioner of Fish and Fisheries for 1894 Mr. Ansley Hall gives the following account of clam culture under this act:—
During the first two years (1889-90) the people were slow to avail themselves of the privilege of planting, for fear that after they had spent their time and labor they would not be able to secure protection from trespassers; but in 1891 and 1892 lots were obtained and planted. In 1892 there were 25 acres that were quite productive, about one-third of the entire catch of the section being obtained from them. The catch from these lots is not definitely known, but is estimated at about 2,500 barrels.
Cultivated clams possess some advantage over the natural growth, from the fact that they are more uniform in size, and are as large as the best natural clam. They bring $1.75 per barrel, while the natural clams sell for $1.50 per barrel. This is the price received by the diggers. One acre of these clams is considered to be worth $1,000, if well seeded and favorably located so as not to be in danger of being submerged with sand. This valuation would be too high for an average, since all the acres are not equally well seeded and located. The clammers are generally impressed that the industry can be extensively and profitably developed, and their only fear is that they will not be able to secure lots permanently. The greater part of the land available for this purpose is covered by the deeds of people owning farms along the river, and the consent of the land owners has to be obtained before lots can be taken up. It seems probable, however, that the business will continue to progress unless checked by complications that may arise relative to the occupancy of the grounds.
The result of this first practical attempt at clam culture was a complete failure, and after a few years' trial the clam farms were all given up. The main reason for this failure was lack of protection both from outsiders and from one another. Nevertheless, this attempt proved that with proper protection a most successful industry could be made of clam farming. The following statement by Prof. James L. Kellogg, in the United States Fish Commission Bulletin for 1899, describes the failure of clam culture at Essex:—