A Report upon the Mollusk Fisheries of Massachusetts

by Massachusetts. Commissioners on Fisheries and Game; David Lawrence Belding

The grants should be leased for a limited period of years, with the privilege of renewal provided the owner had fulfilled the stipulated requirements of the lease. In order, however, that these leases should not degenerate into deeds, to be handed down from father to son, it might be necessary to assign a maximum time limit during which a man might remain in control of any particular lease. This would be merely fair play to all concerned, for it would not be just to allow one man to monopolize a particularly fine piece of property, while his equally deserving neighbor had land of far less productive value. In connection with this clause should follow some provisions for payment of the value of improvements. Should there be more than one claimant for lease of any particular area, some principle of selection, such as priority of application, highest bid, etc., should be established.

That there may be no holding of grants for purposes other than those stipulated in the agreement, there should be a certain cultural standard of excellence to be decided upon relative to the use made of the granted areas. A clause of this kind is necessary in order to keep the system in a proper state of efficiency, and to insure the development of the shellfish industries.

All taxes on the capital invested in these grants and taxes upon the income should go to the town in which the leasehold is situated. In addition, there should be a just and equable revenue assessed by the State on every grant, as rent for the same. This rent should be apportioned according to a fixed scale in determining the relative values of the grants, and should be paid annually, under penalty of forfeiture. The revenue might be divided into two parts: one part to go to the State department having the control of the shellfisheries, for the maintenance of a survey, control and protection of property on leased areas, and other work; the second part to go to the town treasury of the community in which the grant is located, to be expended under the direction and control of responsible State officials in restocking barren flats and otherwise developing the shellfish upon its unleased territory which is open for free public use.

Grants to be Nontransferable.—These grants, while designed for the use of all citizens of the Commonwealth, should be made especially available for the poor man with little capital. In order to assure the poor man of the enjoyment of his privilege, it is necessary to guard against the possibility of undue monopolization. Leases must, therefore, be strictly nontransferable. Neither should areas be rented to another individual under any consideration whatever. Every grant must be for the benefit of its individual owner. He should be at liberty to hire laborers to assist him in working his grant, but not to transfer it in any way. Any attempt on his part to do so should not only immediately result in the forfeiture of his grant, but should also subject him to a heavy penalty.

Survey.—In order to guard against confusion and to maintain an orderly system, an accurate survey of all granted areas should be made. The ranges of every grant should be determined and recorded. The plots should be numbered and properly staked or buoyed, and a record of the same, giving the name of the owner, yearly rental and value, should be kept on file at the proper town and State offices. The same system which is now in operation in the oyster industry of other States should be applied to all the mollusk fisheries of Massachusetts.

Administration.—The department of the State government under whose jurisdiction this system of leases may come should be indued with full authority, properly defined, to supervise the grants, furnish them with adequate protection by the employment of State or town police, oversee the survey, allot the grants, and to exercise such other powers as may be necessary to develop the system, remedy its defects and strengthen its efficiency.

Protection of Property and of the Rights granted by the Lease.—No system of shellfish grants is possible without absolute protection. The lessee must be permitted to cultivate his grant free from outside interference, and thus, with reasonably good fortune, he can enjoy the fruits of his labors. This protection, which is the greatest and most vital need of the entire system, and the foundation upon which depends its whole success, must be insured by proper legislation rigorously enforced, and accompanied by severe penalties.

Leasing of the Grants.—Every citizen of the Commonwealth is entitled to participate in this system, but for obvious reasons an inhabitant of any coast town should be given first choice of grants within the boundary of his particular town. The first grants might be given by allotment, but after the system had become well established, they could be issued in the order of their application.

Water Pollution.—The sanitary condition of the marketed shellfish taken from contaminated waters is not only at present to some extent endangering the public health, but is placing an undeserved stigma upon a most reputable and valuable source of food supply for the public. The public should demand laws closing, after proper scientific investigation, these polluted areas, and conferring the power to thoroughly enforce such laws. The danger arising from contamination should be reduced to a minimum by prescribing some definite regulations for transferring shellfish from these polluted waters to places free from contamination, where the shellfish may in brief season be rendered fit for the market.

It should be unlawful to use any brand, label or other device for designation, intended to give the impression that certain oysters offered for sale were grown at specified places, e.g., Cotuit, Wellfleet, Wareham, etc., unless such oysters were actually planted, grown or cultivated within the towns or waters designated, for a period of at least three months immediately previous to the date of marketing. Furthermore, there should be appointed proper inspectors, whose duties would be to guarantee by certificates, labels and stamps the purity of shellfish placed upon the market, and likewise have the power of enforcing severe penalties on violators.