OF MASSACHUSETTS. 7 



cline is at once checked, within a very few years our valuable 

 shellfisheries will be exhausted to the point of commercial ex- 

 tinction. The legislation of former years, essentially restrict- 

 ive and prohibitory in character, has unfortunately been con- 

 structed on a false economic basis. Its aim has been to pro- 

 tect these industries by restricting the demand rather than by 

 increasing the supply. What the future requires is not merely 

 protective or restrictive legislation, but rather constructive laws 

 for developing the shellfisheries. The system of shellfish cul- 

 ture here presented appears to be the only practical method 

 for improving the condition of these industries in such a way 

 as to protect all vested interests of both private and public 

 rights, and at the same time to make possible adequate utiliza- 

 tion of the natural productive capacity. 



In brief, the proposed system of shellfish culture is based 

 upon a system of leases to individuals. These leases should be 

 divided into two classes: (1) those covering the territory be- 

 tween the tide lines, and consisting of small areas, from 1 

 to 2 acres; (2) the territory below low-water mark, comprised 

 of two classes of grants, which differ only in size and distance 

 from the shore, — the smaller (a), from 1 to 5 acres, to include 

 the shore waters, small bays and inlets, and the larger (6), of 

 unrestricted size, to be given in the deeper and more exposed 

 waters. The owners of all grants shall be permitted to plant and 

 grow all species of shellfish, and shall have exclusive control 

 of the fisheries area covered by such lease. The large and more 

 exposed grants, which cannot be economically worked without 

 considerable capital, should be available for companies; while 

 the smaller holdings, for which but small capital is required, are 

 restricted to the use of the individual shore fishermen. For 

 the tidal flats and shore waters but one-half of the whole ter- 

 ritory in any one township shall be leased, the other half still 

 remaining public property. 



Success of this System. — The system of private control by 

 leased grants is by no means a new and untried theory. In 

 actual operation for many years in this and other States, in 

 spite of lack of protection and other drawbacks which would 

 be eliminated from a perfected system, it has proved an un- 

 qualified success. The rapid depletion and even extermination 



