THE OVSTER INDUSTRY OF NEW JERSEY. 521 



are natural oyster beds, shall hereafter be made by the riparian commissioners of 

 this State, except for the jjurpose of building wharves, bulkheads, or piers.' Four 

 of the thirteen grants or leases on tlie disputed grouuds were made and the rights 

 of the parties thereto vested prior to the passage of this act. As to the remaiuing 

 nine grants made subsequent to 1888, the question of whether they include within 

 their lines any natural oyster beds, and are thus limited in their operation to the 

 building of wharves, bulkheads, and piers, is a question of fact. The ascertainment 

 of the fact is dependent upon the correct definition of the term 'natural bed,' 



"On the part of many members of the Oyster Association it is strongly asserted 

 and vigorously maintained that all the bottom of Delaware Bay north of the ' south- 

 west line,' including these riparian lands, constitutes a natural oyster bed. On the 

 other hand, while it appears that scattered natural oysters may be found over 

 nearly all this territory, there are well defined and easily located places where, by 

 reason of the nature of the bottom, oysters will naturally grow in large numbers. 

 These locations are where the bottom is hard, so that the young oysters will not sink 

 into the mud, and usually consist of a mound or elevation above the general level of 

 the bottom, comjjosed of oyster shells, accumulated through years, and to which the 

 spawn attach. 



"In view of the testimony presented before the commission, the commission are 

 of the opinion that nearly the entire bottom of Delaware Bay for about 35 miles 

 north of Maurice River Cove constitutes a 'natural oyster ground,' but they are not 

 of the opinion that it is all a 'natural oyster bed,' as the term is generally under- 

 stood and as it is used in the statutes. The 'natural oyster beds' are distinct and 

 separate from the general bottom of the bay. 



" From the testimony of witnesses, and from a personal inspection of the disputed 

 lauds, the commission fiud, as a matter of fact, that within the limits of the fore- 

 going definition the riparian giants in question do not all, nor do the larger part of 

 them, embrace ' natural oyster beds,' but the commission is of the opinion that a large 

 part of some of the grants may, and probably do, include within their bounds what 

 now is, or heretofore has been, such beds. 



"In the course of these investigations the commission were impressed with the 

 great depression existing in the oyster industry. Although the planting season is 

 not yet half over, many boats are laid off", others have gone to other States, many 

 men are out of employment, and a feeling of discouragement is general. The com- 

 mission have endeavored to ascertain the cause for this deplorable situation. The 

 consensus of opinion is, that no adequate measures have been adopted to protect the 

 natural productiveness of the bay. The large number of vessels employed, the 

 improved dredges in use, and lack of proper regulatious as to size of the oj'sters 

 taken, have all combined to practically clean the bay of all natural growth, and, in 

 addition, owing to the absence of any law requiring the separation of the oysters from 

 the shells in dredging, the beds themselves have, in many cases, beeu either destroyed 

 or seriously injured. This removal and destruction of the beds results in the loss of 

 the oyster spawn, as no material remains to which it can become attached. Last 

 season at least one-half» the oysters planted were purchased outside the State, and 

 this season the result will be much worse. 



"From the testimony received and the investigations made, the commission find 

 that a majority of the j^ersons in the business agree as to the following points: 



"First. That unless some radical change is made in the laws the industry will be 

 extinguished. 



" Second. That State control of the oyster lands, under proper regulations as to 

 their use, is desirable. 



"Third. That the dredging for natural oysters in the bay should be prohibited, 

 either in whole or in part, for a period of a year. 



"Fourth. That a 'rough-cull' law should be enacted; that is, a law requiring the 

 dredger to separate the oysters from the shells of the bed, and prevent the carrying 

 away of the beds themselves. 



