(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 | $41,800 | 1898, | 101,225 | $156,235 |
| 1887, | 43,183 | 64,115 | 1902, | 103,386 | 133,682 |
| 1888, | 45,631 | 66,453 | 1907,[16] | 161,182 | 176,142 |
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.