76 THE MOLLUSK FISHERIES 



haugers and the oystermen, due to the conflicting interests of these 

 industries. Although the quahaug territory has been narrowed down 

 by the giving of oyster grants in the harbor, the quahaug fishery has not 

 suffered severely, as the poorer quahaug grounds were alone granted, 

 with the idea that more money could be made by using these for oyster 

 culture. Although these grants were laid out in good faith, injustice in 

 many instances has been done the quahaug industry; but on the whole 

 the change has been for the benefit of the town. In the broad waters of 

 Wellfleet harbor there is room for both industries, and there is no rea- 

 son why both should not prosper if wisely regulated, without the inter- 

 vention of town politics. At present this antagonism has hurt the 

 interests of both, and it is manifestly unfair that either should drive 

 the other out while there is room for both to prosper. 



Wellfleet is the only town that can boast of a quahaug club. This 

 club was formed in 1904, and had an enrollment of practically all the 

 quahaugers. 



Permits are required of every man engaged in the quahaug fishery. 

 These cost $1 apiece, and are granted on application to any one who 

 has been a resident of the town for six months. These permits are to 

 be obtained each year, on or before May 1, after which date an addi- 

 tional charge of 50 cents is made for collecting. No person without a 

 regular permit is allowed to catch quahaugs for market. Permits were 

 first issued in 1904. 



Section 2 of chapter 269 of the Acts of 1904 is as follows : — 



Section 2. No inhabitant of said towns shall sell or offer for sale little 

 neck clams or quahaugs which measure less than one and one-half inches 

 across the widest part, and no person shall in any of said towns sell or offer 

 for sale little neck clams or quahaugs which measure less than one and 

 one-half inches across the widest part. 



This excellent law was passed for the towns of Eastham, Orleans 

 and Wellfleet, but has never been enforced. Although enacted and 

 technically lived up to, no measures are made for its enforcement, which 

 would necessitate a shellfish inspector. This furnishes an example of 

 the non-enforcement of one of the few good town laws. 



Section 4 of chapter 269 of the Acts of 1904 is as follows : — 



Section 4. The selectmen of the said towns may, in their respective 

 towns, grant licenses or permits for such periods, not exceeding two years, 

 and under such conditions as they may deem proper, not however covering 

 more than seventy-five feet square in area, to any inhabitants of the town 

 to bed quahaugs in any waters, flats and creeks within the town at any 

 place where there is no natural quahaug bed, not impairing the private 

 rights of any person or materially obstructing any navigable waters. It 

 shall be unlawful for any person, except the licensee and his agents, to take 

 any quahaugs in or remove them from the territory covered by any such 

 license. 



