OF MASSACHUSETTS. 11 



It was but an experiment. Inasmuch as these towns have 

 grossly mismanaged the trust placed in them, the Legislature 

 is doubly under the obligation to take advantage of the knowl- 

 edge gained by this experimental delegation of the State au- 

 thority to cities and towns. The completely obvious obligation 

 of the Legislature is to remove what is either tacitly or frankly 

 acknowledged by many city and town authorities to be an im- 

 possible burden upon the city or town, and to restore to State 

 officers the general administrative control and supervision of 

 the public rights in the shellfisheries. 



(3) Riparian Ownership does not include Exclusive Fish- 

 ing Rights. — The third objection is that in the assumption of 

 State control is involved the much-discussed and vaguely un- 

 derstood question of riparian ownership. To make plain the 

 conditions relative to the fisheries, including the shellfisheries 

 on the tidal flats, it should be borne in mind that in only four 

 States, Virginia and Maryland, Massachusetts and Maine, does 

 the title of the riparian owner extend to low-water mark, but 

 in these States the right of fishing, fowling and boating are 

 specifically mentioned as not included in the title. Under the 

 existing laws owners of seashore property in Massachusetts 

 possess certain rights (though perhaps not in all cases clearly 

 defined) over the tidal areas within 100 rods of the mean high- 

 water mark. As the proposed system of shellfish grants deals 

 with this territory between high and low water marks, it is 

 necessary to see in what manner, if any, the rights at present 

 possessed by riparian owners would be impaired by the leasing 

 of certain rights of fishing. While the riparian owner has in 

 a measure authority over the territory which borders his up- 

 land, there are certain specific limitations to this authority. 

 He does not have exclusive rights of hunting, boating and fish- 

 ing between the tide lines on his own property, but participates 

 in these rights equally with every citizen of this Commonwealth. 

 The courts have distinctly held that shellfish are fish, and that, 

 a man may fish — i.e., dig clams — on the tidal flats adjoin- 

 ing the shore without the consent of the riparian owner. 



(4) Rights of the Fishermen and of All Citizens. — The 

 fishermen as a class are best located to benefit most from an 

 opportunity to lease exclusive fishing rights, whether they chance 



