Any legislation to be most effective must fulfill certain general conditions. It must be based upon just consideration of the welfare of all classes legitimately interested in the business, including shellers, buyers, manufacturers, and the public generally. This is important, not only because fairness demands it but because it is manifestly impracticable to enforce a law which is framed in disregard of economic requirements. A law that makes possible the creation of a monopoly, or one that drives the buyers and manufacturers from the territory, or that sacrifices the good of the industry to revenue production to the State, would be so manifestly unsound that further comment seems unnecessary.
[10]Nevertheless, the element of sacrifice can not be entirely eliminated. In this case, as in others, ultimate benefits can scarcely be obtained without some temporary sacrifice, although it should be aimed to make the immediate loss felt as little as possible. It is the unwillingness of individuals to make voluntary sacrifices, independently, for the good of the mussel beds that makes legislation of any kind necessary. There is a demand for legislative action only because, in the end, the welfare of all parties concerned is dependent upon the promotion of abundant growth of mussels.
Finally an eminently desirable feature of any legislation is that it shall be so simple, plain, and undebatable as to minimize the difficulty of enforcement. Coupled with this there must be not only an effective penalty but machinery of enforcement that will work simply and certainly.
The measures to be proposed will be considered in the light of these requirements, together with the basic conditions offered by the natural history and the conditions of life and reproduction of the mussels.
[EXAMINATION OF PROTECTIVE MEASURES.]
[TWO MEASURES FOR IMMEDIATE APPLICATION.]
As appears from the remarks hitherto made, the restrictions which are immediately required for the preservation of the shell resources are—
- The imposition of size limits for the protection of young mussels.
- The adoption of a plan of rotation of closed regions, whereby the mussel beds may be given the best opportunity for propagation and growth.
We do not at this time advocate any other limitations, and it will be attempted to show that these are so simple to apply and so promising of effectual conservation that it is strongly advisable not to complicate the situation by a needless multiplicity of restrictions. These two measures will be fully discussed in subsequent sections of the paper.