PROTECTION OF FKESIl-WATKlt MUSSELS. 21 



Takin<x tlio St. I'^rancis Kivoi- in Arlvuiisas as aiiotlior illustration, 

 the river niigflit 1h' lnokon at Madison, Parkin, and jMarkod Tree. 

 Tt is true that there are not many nuissels, accordinf^ to rei)Oi*t, 

 alK)\e Marked Tree, but the re<j:ion between Madison and Parkin has 

 beds which may well balance the remainder of the river. 



The Wabash Kiver, Ind., is one in which the need for protection is 

 most evident; and this stream could be divided at Vincennes and two 

 other points selected with reference to their economic interest in shell- 

 ing and with regard to an equitable division of the river system. 



It might seem that an ideal method of rotation would be based 

 upon the division of a system into six portions, only one of which 

 should be worked in any one year; a new portion would be opened 

 each year, while each territoiy would enjoy a rest period of five 

 years between successive " open " ^^ears for that particular territory. 

 It will be evident that such a scheme, however correct in theory, 

 would be entirely impracticable. The plan of keeping certain re- 

 gions closed for periods of years wdiile other regions are worked 

 continuously during a corresponding period of years may have some 

 imperfections, but it is probably the best that can be worked out 

 without i^ractically suspending the industry. Undoubtedly the plan 

 will work most efficiently if a proper discretion is used in its appli- 

 cation. 



PROCEDURE FOR ESTABLISHING CTX)SED REGIONS. 



The law should plainly stipulate and establish the principle of 

 the closure of the rivers by regions or sections, but the determina- 

 tion of which specific sections are to be closed should be left for 

 determination after investigation by properly qualified authorities. 



A comparatively simple plan may be suggested under which the 

 most careful consideration could be given to the local conditions 

 involved as well as to the rights of the State as a whole. The legis- 

 lature could authorize and instruct the proper State authorities, as 

 the State fish commission, to give due consideration and study to 

 the needs of the mussel industry' and detennine what portions of 

 the streams of the State should be closed to the mussel fishery for 

 a period of years. It could be further provided that, after the pre- 

 liminary determination of plans for closure, due advertisement should 

 be made in all regions affected and opportunity given for public 

 hearings in such regions, after which the commission should sub- 

 mit its final recommendations to the governor of the State, who 

 should then issue a proclamation ordering the entire interruption 

 of a mussel fishery in the regions selected for closure. The original 

 legislative act should provide that the proclamation so made should 

 have the full elTect of law. and should specify the penalties that 



