XXII REPORT OF COMMISSIONER OF FISH AND FISHERIES. 

 9. — LEGISLATION IN REGARD TO FISHERIES. 



As might naturally be expected, the real or supposed encroachments 

 of the different classes of fishermen upon each other or the community 

 at large has invoked the effort to secure legislation, both on the part of 

 the United States Government and of individual States, to put a stop 

 to the same. A yet undecided question is as to the actual jurisdiction 

 over the waters, so far as the fisheries are concerned. It would naturally 

 be supposed that the United States would have control at least as far 

 as the three-mile limit of the ocean, beyond which the fisheries are 

 common to the world at large. If this point be conceded, then comes 

 the inquiry, How far can jurisdiction be exercised over the fisheries in 

 the bays and navigable rivers'? This question has never been settled. 



It is well known that for many years past the menhaden fishery has 

 been conducted during the summer and autumn with the greatest vigor 

 along the coast of Maine, a large number of steamers as well as sailing 

 vessels being employed in the capture of the fish, which are then taken 

 to factories for conversion into oil and material for fertilizers. The ex- 

 tent to which this has been done has, in the opinion of many, greatly 

 tended to drive the fish from the estuaries of the bays and rivers, and 

 thus prevent their utilization by the hand-line fishermen and the resi- 

 dent population generally. Most of the fish are now taken several miles 

 out to sea by the vessels just referred to. In order, therefore, to remedy 

 this evil, a law was passed by the State of Maine prohibiting the use 

 of purse seines within three miles of her shore. This action very natur- 

 ally excited the antagonism of the menhaden fishermen, and an appeal 

 was made to me for counsel and advice in the matter. While not 

 able at present to say whether the complaints of the people of Maine 

 against the menhaden fishermen are well founded or not, I could only 

 suggest that the opportunity was a favorable one for having the ques- 

 tion decided by transferring it to the Supreme Court of the United 

 States. It was accordingly arranged that this should be done by making 

 up a special case and letting it take its legal course. By a most curious 

 coincidence, however, very few menhaden visited the coast of Maine in 

 1879, the falling off being extremely abrupt and very marked. What 

 occasioned this change of habit on the part of the fish it is impossible 

 to say. It could not have been caused by the excessive pursuit of the 

 fish, as the number on the coast in the fall of 1878 was very great, and 

 should have furnished an ample supply for the season of 1879. It is 

 possible that some variation of ocean temperature or currents affected 

 the food of the fish, if not the menhaden themselves, thus causing them 

 to seek new feeding grounds. It will be a matter of much interest to 

 determine to what extent this abandonment of onGe favorite grounds will 

 continue in the future. 



The above case has its parallel in the departure from the coast of the 

 United States of the bluefish, about 1763, their absence continuing well 

 into the beginning of the next or present century. 



