In planning for the closing of portions of rivers for periods of years consideration should be given to community needs as well as to general economic and biological conditions. On the one hand, the closure will be more effective in result, as well as easier of enforcement, if the regions of closure are made very large; while, on the other hand, making the closed regions smaller might cause less economic inconvenience. If, for example, the entire Illinois River should be closed to mussel fishery for a period of several years, there [20]might be a substantial uncompensated loss to some communities, where there are factories employing labor to cut shells derived from that river. On the other hand, should we divide the river up into small sections of 2 or 3 miles in extent, some of which would be open while others would be closed under the law, it is apparent that such a plan would be almost impossible of enforcement. To prevent shelling from being carried on in all these little, closed areas would require a force of wardens and an expense entirely incommensurate with the object to be gained.
It is held advisable to divide a river within a single State into some four or six sections for the purpose of establishing closed regions. One-half—that is, two or three—of these sections, taken in alternation, could be ordered closed for a period of five years, during which no mussel fishing at all should be allowed in the closed sections, although it would be regularly prosecuted in the alternate portions of the stream. It would be convenient to break a river at points where there was a substantial community interest in the shelling.
[PRACTICABLE DIVISION OF RIVER SYSTEMS ILLUSTRATED.]
For example, let us apply this method of dividing a stream to the White and Black Rivers in Arkansas. Starting from the head-waters of the Black River, we find the first center of economic interest at Black Rock, another on the White River at Newport, and a third at Clarendon. Now, the river might properly be broken at these points, forming four main sections. The fishery might then be entirely prohibited for several years from the mouth of the river to Clarendon, while permitted from Clarendon to Newport, and again prohibited from Newport northward to Black Rock on the Black River, and to Batesville or other suitable point on the upper White, while permitted from Black Rock and Batesville northward on all the tributaries. We would have the river system divided into four sections, which would be probably as nearly equivalent as could be expected. Furthermore, none of the three towns mentioned would be cut off from the local supply of shells, except in one direction.
The shellers, generally speaking, would be little affected, since, with their house boats, they could move from one portion of the river to another. Those shellers who do not use house boats, but are local residents and go out only by day from their homes, would be most affected, and it is these generally who are most in favor of closing portions of a river. They recall how much more easily shells were taken in past times when the shells were abundant, and they would be willing to do something else meantime in order that the beds may be given a rest and the shells again become numerous. Shelling has no attraction over any other form of crude labor when the shells are so scarce that a wage can scarcely be made.
[21]Taking the St. Francis River in Arkansas as another illustration, the river might be broken at Madison, Parkin, and Marked Tree. It is true that there are not many mussels, according to report, above Marked Tree, but the region between Madison and Parkin has beds which may well balance the remainder of the river.
The Wabash River, Ind., is one in which the need for protection is most evident; and this stream could be divided at Vincennes and two other points selected with reference to their economic interest in shelling and with regard to an equitable division of the river system.
It might seem that an ideal method of rotation would be based upon the division of a system into six portions, only one of which should be worked in any one year; a new portion would be opened each year, while each territory would enjoy a rest period of five years between successive "open" years for that particular territory. It will be evident that such a scheme, however correct in theory, would be entirely impracticable. The plan of keeping certain regions closed for periods of years while other regions are worked continuously during a corresponding period of years may have some imperfections, but it is probably the best that can be worked out without practically suspending the industry. Undoubtedly the plan will work most efficiently if a proper discretion is used in its application.
[PROCEDURE FOR ESTABLISHING CLOSED REGIONS.]
The law should plainly stipulate and establish the principle of the closure of the rivers by regions or sections, but the determination of which specific sections are to be closed should be left for determination after investigation by properly qualified authorities.