In 1885 the institution of a public hearing was inaugurated. This was a concession to the hostile quahaug element, and allowed the public the opportunity of protesting against the granting of territory for oyster culture; nevertheless, the final power really remained in the hands of the selectmen. A further concession to this element was the law which called for the revoking of grants within two years if unimproved. The interests of the oystermen were also kept in sight, and legislation passed which was designed to protect grants still more from the depredations of outsiders. Provision was likewise made for the proper enforcement of these laws, and the penalties attached were increased.
In 1886 an act was passed which was designed to do away with all possible outside monopoly. The danger of organized capital acquiring control of a large tract and excluding small individual planters had become apparent, and this means was taken to guard against it. The act prohibited the transfer of grants in any township to any person not a citizen of that township; thus, if any monopoly did exist it would be restricted to only one township. The limits during which fishing on grants might be carried on was lengthened two hours, so that it read from "one hour before sunrise to one hour after sunset."
In 1892 the town of Yarmouth obtained a law requiring a permit for citizens to take oysters from native beds, not exceeding 2 bushels per week, from September 1 to June 1. This is now the only town in the Commonwealth to require such a permit from citizens.
In 1895 legislation was passed relative to the proper definition of the boundaries of grants. This was rendered necessary because of the haphazard methods hitherto pursued in giving grants with very indefinite boundaries. Mean low-water mark was fixed as the shoreward boundary of grants, while mean high-water mark was defined as the limit to which shells might be placed to catch the set. This, however, was dependent upon the owners of the adjacent property, and their consent was held necessary before this territory between high and low water could thus be utilized.
In 1901 special legislation was passed, restricting the catching of oysters in contaminated waters except for bait.
In 1904 authority was granted to proper officials to develop the oyster industry by planting shellfish, or by close season.
In 1905 the Fish and Game Commission was authorized to expend a sum not exceeding $500 per annum for the investigation of the oyster, by experiment or otherwise, with a view to developing the industry.
The development of the oyster laws has been by a process of evolution. They have kept pace with the growth of the industry, and have been in fact the logical outcome of that expansion. The various acts which go to make up the bulk of this legislation have been passed from time to time to fill the immediate demands of the hour, and consequently lack that unity and consistency which might otherwise characterize them. Changing conditions have called for alterations in the legal machinery, as the industry has expanded, to meet new requirements. These additions have frequently been dictated by short-sighted policy, and the Commonwealth as a whole has often been lost sight of in the welfare of the community.
Of all the shellfisheries, the oyster industry is most hampered by unwise legislation. It is the most difficult to handle, because it presents many perplexing phases from which the others are free. Clams, quahaugs and scallops flourish in their respective territories, and legislation merely tends to regulate their exploitation or marketing. With the oyster, however, other problems have arisen. The areas in the State where oysters grow naturally are few in number and relatively of small importance. The clam, quahaug and scallop grounds are to be compared with wild pastures and meadows, which yield their harvests without cultivation; while the oyster grants are gardens, which must be planted and carefully tended.