THE COAST FISHERIES OF TEXAS. 391 



THE CULTIVATION OF OYSTERS, 



With the present abuiHhince and the low prices of oysters in Texas, 

 the necessity and facilities for tlieir cultivation are not fully appreci- 

 ated. On account of the regnlarity with which a "set" is obtained 

 on the natural beds every year, there is not that urgent necessity for 

 a system of private oyster- culture that exists in some of the Middle 

 States. However, the policy of increasing the sup]>ly of oysters by 

 permitting and encouraging the private ownership of suitable grounds 

 for their growth is very proi)erly being considered. Not only the mem- 

 bers of the State legislature but the oystermeu have advanced ideas 

 on this subject. 



The first oyster law operative in this State was enacted on March 8, 

 1879, with the following title: "An act for the preservation of oysters 

 and oyster beds, and for protecting the rights of persons to the same, 

 and affixing penalties." This bill provided for public and private 

 grounds. All natural oyster beds in navigable Avaters were made pub- 

 lic. All grounds, whether with or without oysters, in waters not navi- 

 galde were made the exclusive property of the owners of the adjoining 

 shores; and riparian owners were given control of all within 100 yards 

 of low-water mark. Of the remaining grounds every person was given 

 the right to preempt without revenue to the State an area not exceed- 

 ing 200 yards square (8^ acres), and no provision was made for return 

 of the ground to the State. The talcing of oysters from such preempted 

 grounds or other private areas without permission of the owner was 

 made a theft, punishable in accordance with the prevailing law for 

 such crimes. 



To persons acquainted with the jealousy with which the States bor- 

 dering the Atlantic coast x)reserve their waters suitable for oyster- 

 culture this may seem a very generous policy; but it is on a par with 

 the same liberal spirit which this State has maintained for the settle- 

 ment of her idle agricultural lands, which has resulted in such great 

 prosperity. While one or two provisions of this law do not seem to be 

 the best possible, the substance of the enactment is excellent; and had 

 it continued operative, with an additional provision for systematic sur- 

 veys and the return of the preiimijted ground to the State if not used 

 after a certain term of years for the purposes proposed in the act, it 

 would have provided for a steady and satisfactory growth of oyster 

 cultivation. But as the natural beds continued to produce an abundant 

 supply of oysters, few persons took advantage of the liberal provisions 

 of this enactment, although it continued operative until 1887. 



In the meantime much information was made public concerning what 

 had been acconqdished in oyster-culture in some of the Atlantic coast 

 States, particularly in New York, Connecticut, and lihode Island; and 

 Ihese reports, together with local factors, were intluential in persuad- 

 ing the legislature in 1887 to pass another oyster bill, the provisions of 

 which required the preiimptor to be an " actual bona-tide citizen" of the 



