EFFECT OF LEGISLATION UPON OCEAN FISHERIES. 45 



The question whether sea or ocean fish may or may not be affected by overfishing 

 has been settled as definitely as it possibly can be by the ablest and most thorough 

 investigation. And to sustain the position assumed against menhaden fishing it 

 becomes necessary to change the classification of these fish from ocean fish to anadro- 

 mous fish. We supposed all had too much confidence in the thoroughness of the late 

 Prof. Baird to believe his conclusions were without warrant, and before accepting 

 conclusions at variance with his it is but fair to give some new data. 



It is certain that the great mass of menhaden never penetrate far beyond tide 

 water; that some few sometimes get separated from the main body and cast their 

 spawn when ripe wherever they happen to be, seems possible, and under favorable 

 conditions a fair show of fish may thus be produced. This would prove no rule, but 

 an exception. It seems self-evident that if this, the most numerous of all our fishes, 

 came in masses into any of our waters to cast their spawn, they would be observed. 

 While we would avoid being dogmatic about anything concerning fishes not fully 

 demonstrated, we think it safe to say (in the light of all present knowledge) that they 

 are ocean spawners and ocean fish, as much as any other fish that visit our waters, 

 and we should feel it idle to contest the point, were it not that two great States have 

 enacted laws based upon the opposite theory. 



Would it not be well before we attempt too much control of the fisheries of the 

 ocean to learn more of them — at least, to know that we are not making matters worse, 

 and until then leave it to the allwise Ruler of the Universe, who has been their only 

 ruler for six thousand years ? 



THE EFFECT OF LEGISLATION UPON THE SEA FISHERIES. 



There has been much of it both in this and in foreign countries. Either the laws 

 have operated to protect the fisheries and benefit the people or to harass the fishermen 

 and crush out the industry. Which ? If any good or salutary effect has been produced 

 by it, it ought to be manifest by this time. We challenge its friends to point to one 

 instance where restrictive laws over the sea fisheries have benefited the fisheries or 

 caused the increase of numbers of any one fish. If it can not be shown to do the one, 

 it may fairly be charged with doing the other. 



The effect has been shown to cripple and injure the Dutch and the English 

 fishermen, and to work "cruel hardship upon their fishermen." Does it do less here in 

 America? Will their fish and fisheries thrive and flourish only under freedom, and 

 ours under all manner of restrictive laws'? Is their experience of no value? Have 

 we learned more than they? Are only we wise? " Will wisdom die with us?" Shall 

 America adopt the oppressive measures that they cast off, and under which their 

 fisheries languished? 



The wisdom or statesmanship that leads to the suppression of an industry giving 

 employment to a large class of our people may well be questioned. But when it 

 occurs at a time when other industries are depressed it must add to the class of idlers 

 whose numbers are already too large and be fraught with evils that endanger the 

 morals and menace the peace of society. 



